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Accommodation agreement, New York

Guests making bookings are required to accept these terms.

You have received a Booking Summary as a result of your use of certain services provided through Authorized Suppliers of the onefinestay Club (the “Club”). In order to complete your reservation for an accommodation, you must enter into this Accommodation Agreement between you and the Host of the accommodation. All capitalized terms which are not defined herein, shall have the meanings ascribed thereto in the Club Rules.

  1. This agreement is between the Guest named on the Booking Summary ("you") and the host ("the Host") of the accommodation as detailed in the Booking Summary ("the Accommodation"). The Host is the owner of the Accommodation or the person who is duly authorized to arrange for the occupancy of the Accommodation. This agreement details the terms and conditions which apply between you and the Host relating to your use and occupancy of the Accommodation.
  2. You have received your Booking Summary from an Authorized Supplier of the Club whom you have chosen as your Reservations Supplier (as described in the Club Rules). Neither the Club nor such Authorized Supplier is an Agent of either the Host or Guest and neither the Club nor such Authorized Supplier shall have any obligations under this Agreement. Neither the Club nor any Authorized Supplier is responsible for the availability or condition of the Accommodation, or for the Host’s compliance with any statutes, laws, rules, regulations and agreements to which the Host is subject or which relate to the Accommodation or by which the Host or the Accommodation is bound. Your Host has accepted and agreed to the terms and conditions of this Accommodation Agreement and directed your Reservations Supplier to obtain your acceptance hereto. Your acceptance of this Accommodation Agreement is a condition to your use of the Club’s platform and Authorized Suppliers for booking and facilitating arrangements directly between Host and Guest and to your occupancy of the Accommodation.
  3. Please note that this Agreement is between you and the Host (For a copy of the terms and conditions which apply between you and the Club, please refer to the Club Rules which is provided separately. A copy of your agreement with your Reservations Supplier is provided separately. A copy of your agreement with your Guest Services Supplier is also provided separately. The Host is also subject to separate Agreements with the Club and with a Supplier with respect to services that the Host is required to supply to all Guests who use and occupy the Accommodation. Host agrees that whether or not your Guest Services Supplier is identical to that chosen by the Host, the Guest Services Supplier chosen by you will be given access to the Accommodation as reasonably necessary to perform the services requested by your during your occupancy.
  4. This agreement is a licence to occupy the Accommodation during the agreed period as set out in the Booking Summary ("Booking Period"). THIS IS NOT A LEASE, NOR DOES IT CONVEY ANY PROPERTY RIGHTS OR INTEREST IN REAL ESTATE AND YOU ARE NOT A TENANT OF THE ACCOMMODATION. YOU HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF THE ACCOMMODATION. By accepting this Agreement, you are entering into a non-exclusive licence to occupy the premises for the fixed term in your Booking Summary. This means that you have no right to stay in the Accommodation or to otherwise use or occupy all or any part of such Accommodation after the term set forth in your Booking Summary and have no rights to renewal or recurring usage. You cannot make any changes to the Accommodation nor can you move or remove any furnishings or other items in or on the Accommodation. You must abide by the rules of the Club and any restrictions placed on the Accommodation by the Host which will be set forth in the Booking Summary and/or the House Rules provided to you at or before check-in, which may include, without limitation, maximum number of occupants allowed during your use of the Accommodation, any areas of the Accommodation or items in or on the Accommodation that have been designated “no access” , noise restrictions, or limitations on pets, smoking or other activities at, on or from the Accommodation. Your license to occupy the Accommodation will be subject to immediate termination if you or any parties that occupy the Accommodation during the term of your stay violate any terms of this Agreement, the Club Rules or any other agreement between you and any Authorized Supplier.

Booking and Cancellation

  1. The Booking Summary which you have accepted is not a booking confirmation. The Accommodation will be booked for the Booking Period set forth in the Booking Summary (the "Booking Period") upon your receipt of a Confirmation of Booking and the Host is not obliged to make the Accommodation available, nor is a binding contract in place, until such time as the Confirmation of Booking has been sent to you by email.
  2. Pursuant to your Agreement with your Reservations Supplier, you have authorized your Reservations Supplier to collect and remit various fees and charges that will be due and owing by you in connection with your use of the Club, its Authorized Suppliers and the Accommodation, including, without limitation, the prepayment amount as set out in the Booking Summary, Accommodation Fees, and all fees, charges and taxes payable with respect to your booking of the Accommodation and use of services provided by Authorized Suppliers. Upon receipt by you of the Confirmation of Booking, you will immediately be required to pay, and your Reservation Supplier will charge the debit or credit card that you have supplied, an amount equal to the prepayment amount required to be paid on confirmation of booking as shall be set out in the Booking Summary (which may be the entire amount of the fees due including all amounts due to any Authorized Supplier and all taxes or other fees dues with respect to your Booking).
  3. Unless otherwise specified in the Confirmation of Booking the following cancellation policy will apply. If you cancel a booking within 24 hours of your receipt of a Confirmation of Booking, provided you book more than seven days prior to your stay, then you are entitled to a full refund. If you cancel a booking more than 14 days prior to commencement of the Booking Period then you will be responsible for 50% of the full accommodation fees as set out in the Confirmation of Booking ("Accommodation Fees") for the entirety of the Booking Period and your Reservations Supplier will charge such sums to the credit or debit card which you supplied when making the booking.
  4. If you cancel a booking 14 days or less prior to the commencement of the Booking Period then you will be responsible for the full Accommodation Fees for the entirety of the Booking Period and your Reservations Supplier will charge such sums to the credit or debit card which you supplied when making the booking.
  5. Host is not entitled to cancel a booking once a Confirmation of Booking has been sent. However there may be circumstances beyond the reasonable control of Host or emergency situations in which the Accommodation is unavailable for all or part of a Booking Period. In those circumstances you may contact the Club to see if they can assist, however Host is solely responsible for arranging for suitable alternative accommodations during the Booking Period (which will, if possible, be of comparable quality and character and may be a 4 star hotel within 2 miles of the location of the Accommodation). In the event the Club is unable to assist in finding suitable alternative accommodations during the BookingPeriod, the Club will cause the Reservations Supplier to credit you with the full refund. The Club shall have no responsibility or liability as a result of a cancellation of a booking, however, if alternative hosted accommodation is available through another member of the Club then your contract with the Host may be terminated and your Reservations Supplier will arrange for a new agreement entered into with a new Host.
  6. Host agrees with you that notwithstanding the provisions of the terms set out above that in the event that you cancel a booking due to exceptional circumstances beyond your reasonable control and the Club (at its discretion) recommends that you receive a full or partial refund then the Host will honor such recommendation.
  7. It is a condition of a booking made through the Club that all of the Club Rules (including in relation to the appointment of Authorized Suppliers) are complied with in full by both parties. Any failure by either you or Host to comply with Club Rules including any failure to allow Authorized Suppliers to supply services will permit the other party to terminate this Agreement without liability (and without prejudice to any other rights and remedies pursuant to this Agreement).
  8. Host agrees with you that in the event that you cancel a booking due to any failure on the part of the Host to comply with the Club Rules and standards or to engage appropriate Authorized Suppliers or due to the mis-description of the Accommodation or other act or omission of Host and if the Club (at its discretion) recommends that you receive a full or partial refund then the Host will honor such recommendation (without prejudice to any other rights you may have under this agreement).
  9. In the event that the Accommodation becomes unavailable for the whole or any part of the Booking Period and you do not accept a suitable alternative accommodation which is offered to you, then you are entitled to cancel the booking, and the pre-payment will be refunded to you, but neither the Host nor the Club nor any of the Club’s Authorized Suppliers will be liable to you for any further amounts in respect of the cancellation of the booking.

Fees and Charges

  1. You agree to pay the Accommodation Fees as set out in the Booking Summary without deduction or offset. You also agree to pay the cost of any damage to the Accommodation or its contents and to pay any fees, costs and expenses incurred by the Host, the Club or any of the Club’s Authorized Suppliers as a result of your failure to vacate the Accommodation on a timely basis at the end of your Booking Period, including, without limitation, as a result of loss of a subsequent booking for the Accommodation for the period following your Booking Period.
  2. The Accommodation Fees set out in the Confirmation of Booking will include the fees payable with respect to the Accommodation only and all taxes payable with respect thereto. No additional concierge or other services which you book through your Guest Services Supplier are included.
  3. By accepting these terms you agree to pay the Accommodation Fees in full and your Reservations Supplier will collect such amount as set forth in the Booking Summary by charging your credit or debit card provided to such Reservations Supplier.
  4. Your prepayment will be collected and paid as set forth above under Booking and Cancellation. On commencement of the Booking Period, the remainder of the Accommodation Fees (if any) will be taken by check-in staff provided by your Guest Services Supplier or will be automatically charged to your credit or debit card through your Reservations Supplier. If you fail to check-in to an Accommodation on the date of commencement of your booking, then for the avoidance of doubt you will be responsible for payment of the entire Accommodation Fees for the booking (and all taxes due with respect thereto) and your Reservations Supplier will charge such sums to the credit or debit card which you supplied when making the booking.
  5. In addition to the fees and charges for the Accommodation, your Reservations Supplier will also collect and remit to applicable governmental authorities all taxes applicable to your purchase of the Booking from the Host and use and occupancy of the Accommodation. Neither the Club nor any of its Authorized Suppliers will be responsible for any income taxes payable by the Host as a result of its receipt of fees for use and occupancy of its premises.

Credit Card Authorization

  1. When you commence your stay at the Accommodation, your Reservation Supplier will pre-authorize an amount from a credit or debit card account supplied by you (which may be different from the card/account you supplied when booking) and the Host will be entitled to make charges against this credit or debit card through your Reservations Supplier in the event of any damage to the Accommodation or its contents, or in the event of late check-out or overstaying.

Check-Out

  1. The check-out time at the Accommodation is as stated in the Booking Summary. Unless your Host has agreed to a late check-out as part of your Booking Summary or has expressly agreed in writing to an extension or a further period of occupancy which has been confirmed by a subsequent Confirmation of Booking, then you will be responsible for a full day’s Accommodation Fee for any overstaying past the check-out time on the day of your departure. If you overstay by more than 2 hours then Host reserves the right to enter, or cause its Guest Services Supplier or other authorized agent to enter, the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary or appropriate (and you will be charged for the costs of any such action which will be charged against the debit or credit card account that you provided at check-in). In addition, you will be responsible for an additional fee equivalent to 150% of the effective daily rate of your stay for each day (or part thereof) that you overstay, as well as any other damages, fees, costs or expenses incurred by the Host, the Club or any of its Authorized Suppliers, including without limitation, as a result of loss of a subsequent booking for the Accommodation or finding alternative accommodations for any subsequent guest who had a booking for the Accommodation for all or any part of the time that you overstayed.

Safety and Conduct

  1. You have primary responsibility for your own safety and for the safety of anyone that you allow on to the Accommodation during your stay. You must read any fire or health & safety guidance which is provided to you and listen to any instructions or explanations which are provided. It is your responsibility to bring any concerns regarding the Accommodation to the attention of the check-in staff and to ask any questions that you may have if you do not understand any of the guidance or instructions provided.
  2. If you become aware of anything during your stay which you believe is a health & safety risk, you must inform the Club and your Guest Services Supplier immediately. Your Host, your Guest Services Supplier and the Host’s Suppliers will have access to the Accommodation at all times during your stay to address any such issues.
  3. You must comply with the Club Rules and you must also comply with any building regulations and House Rules and any reasonable directions of the Host or the Club. The House Rules will be supplied to you when you check-in.
  4. You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time, except such number of additional guests as may be specified in the Booking Summary. This agreement is personal to you and may not be transferred to any other person. The Host will not allow any person other than the persons named in the Booking Summary to access or occupy the Accommodation.
  5. The Booking Summary may specify the maximum permitted number of guests who are authorized to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation, you will be liable to pay a supplement of up to 100% of your effective daily rate in respect of each unauthorized guest and the booking may be terminated immediately.
  6. In addition to complying with the Club Rules and House Rules and all reasonable directions you also agree that you will:
    • keep the Accommodation clean, tidy and clear of trash and leave the Accommodation in the same condition as you find it;
    • not keep or take any pets or animals into the Accommodation (unless otherwise agreed with us and specified as pet-friendly in the Booking Summary);
    • not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach (in whole or in part) of any insurance in effect with respect of the Accommodation from time to time;
    • if the Accommodation is part of a building or complex with common areas, not obstruct or leave any objects or waste in any common areas;
    • not leave any obstruction outside of the Accommodation;
    • not do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or to tenants or occupiers of the building or any owner or occupier of neighbouring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;
    • not conduct any illegal activity from the Accommodation;
    • not conduct any business or commercial activity whatsoever from the Accommodation;
    • not make any alteration or addition whatsoever to the Accommodation or its contents;
    • not use the Accommodation for any purpose other than for personal accommodation;
    • not invade the privacy of the Host or publish or reveal anything which might allow a third party to identify the address of the property or the identity of the Host or any personal information regarding the Host or the Accommodation (even if such information is already in the public domain).
    You acknowledge that the Accommodation is a home and you agree not to access any cupboard or drawers which have been sealed with tamper tape. You may be subject to a charge for any breach of any tamper tape.
    You hereby indemnify the Host, the Club and your Authorized Suppliers and the Host’s Authorized Suppliers in respect of any and all costs, claims, damages, liabilities, and expenses, including, without limitation, reasonable attorneys fees and costs) suffered or incurred by the Host (or the Host’s agents) or any of the foregoing parties arising out of or relating to a breach by you of this Agreement, including, without limitation this paragraph 6. In the event of breach, your membership in the Club may be terminated in accordance with the Club Rules and your agreement with your Reservations Supplier.

Property Damage

  1. A written or video inventory will have been taken prior to the commencement of your stay. You must notify your Guest Services Supplier of any damage to the Accommodation, contents, fixtures or fittings which occurs during your stay, even if you regard the damage as minimal or normal wear and tear or if you do not believe the damage is your fault.
  2. If you do not notify your Guest Services Supplier of any such damage you will be fully responsible for such damage on a full replacement cost basis.
  3. If you do declare any damage, then you are responsible for full replacement cost, but the first US$8 per night of such damage will not be charged to you.
  4. You have authorized your Reservations Supplier to charge any property damage for which you are responsible to the credit or debit card account supplied by you. Any charges for property damage will be charged to such credit or debit card account which you have supplied. You acknowledge that pursuant to the provisions of this Agreement relating to Credit Card Authorization above, your Reservations Supplier has obtained a pre-authorization for such charges as noted above.

Liability and Claims

  1. Any claims made by you under this agreement must be made initially through the Club. In accordance with the Club Rules, the Club has the authority to negotiate and settle claims between you and the Host. If you notify the Club within 14 days after making such a claim through the Club that, in your opinion, the dispute has not been satisfactorily resolved, then the Club is authorized to provide you with the Host’s details so that you may thereafter pursue the claim directly with the Host.
  2. The Host will not have any liability for any business, financial or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this agreement, the Accommodation or the booking (whether such loss arises as a result of negligence, breach of contract, tort or otherwise by the Host or any agent or third party providing services on behalf of the Host). Please note that neither the Club nor any of its Authorized Suppliers is a party to this Agreement. The Club Rules and your agreement with any Authorized Supplier set forth your relationship with each of the foregoing and the limitations of liability relating thereto.
    Subject to any exceptions set forth in applicable law, the Host’s liability for all losses (including, without limitation for property damage, personal injury and death and whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the cost of obtaining a replacement accommodation for the agreed Occupancy Period or the amount of the Accommodation Fees and charges payable by you, whichever is the higher amount. The Accommodation is a private residence and Hosts are not responsible for any accidents, injuries or illness that occurs on the Accommodation or for any loss of personal belongings or valuables of the Guest. You are responsible for obtaining any vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the Accommodation.
  3. Nothing in this clause limits or excludes the liability of the Host for death or personal injury arising as a result of their gross negligence or wilful misconduct or the gross negligence of wilful misconduct of their agents or employees.
  4. You agree to indemnify and hold Host and the Club harmless from any and all liability, claims, loss, property damage or expenses arising by reason of any injury, death or damages sustained by any person, or to the property of any person, including you or the Host or any visitors or invitees whom you permit to enter the Accommodation or the premises of which the Accommodation is a part, where such injury death or damage is caused by your negligent or intentional act or omission, or by any such visitors or invitees.
  5. If Host or the Club is required to engage any attorney to enforce the conditions of this Agreement or the Club Rules, to collect any amounts due, to remove you or your belongings from the Accommodation, Guest shall be responsible for all reasonable attorneys’ fees and costs incurred in connection with the foregoing,

General

  1. You agree that you have the power to enter into this agreement.
  2. You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to the Host against any amounts that that may be owed to you.
  3. The Host will be entitled to assign or sub-contract their obligations under this Agreement.
  4. The Host will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond their reasonable control such as severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war and civil unrest or similar occurrences.
  5. This Agreement represents the entire agreement between the parties hereto and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise.
  6. The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
  7. These conditions are governed by and construed in accordance with the laws of the State of New York. You agree to submit to the exclusive jurisdiction of the courts of the state of New York and the federal courts situated in the Southern District of the State of New York for all disputes between Host and Guest arising out of this Agreement or the Accommodation.
  8. If you breach these terms and conditions and the Host decides to take no action or fails to take action on a timely basis, the foregoing shall not be deemed a waiver by the Host of the Host’s rights hereunder and the Host will still be entitled to take action and enforce their rights and remedies for any other breach.
  9. The Club and each of its Authorized Suppliers is a third party beneficiary of this Agreement and may rely upon this Agreement and enforce this Agreement to the extent necessary to enforce their respective rights and perform their respective obligations under the Club Rules and any agreements between the Guest and such parties.

March 2013

 
 
 
 
 
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