TERMS AND CONDITIONS. AGREEMENT BETWEEN HOST, GUEST AND MYSUITES NEW YORK
Welcome to the MYSUITES.NET website (the “Website”). This Website is provided solely for the purpose of uniting our member hosts with member guests, to secure and make payment for accommodations and concierge services, and for no other purpose. The terms “we,” “us” and “our” refer to Mysuites The term “Host” refers to the member owners or providers of accommodations and rental units. The term “Guest” refers to the persons utilizing, visiting, or accessing the Website to book a reservation for accommodations with a Host through us.
The term “you” refers to users of this Website including Hosts and Guests. Use of this Website is offered to you, conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth herein (collectively, the “Terms and Conditions”). By accessing, using or posting on this Website in any manner, you agree to be bound by the Terms and Conditions. Please read the Terms and Conditions carefully and return to this page periodically to review the most current version of the Terms and Conditions. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms and Conditions without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Terms and Conditions. When using particular services on the Website, you are subject to any posted policies or rules applicable to such services. All such policies or rules are hereby incorporated into these Terms and Conditions.
2. USE OF THE WEBSITE AND MEMBERSHIP LEASE AGREEMENT (MLA)
3. MYSUITES IS A FACILITATOR
The accommodations are offered for rent and operated by MySuites. MySuites manage the rentals, Mysuites establishes all house rules and arranges for all additional services to be provided during the Guest’s stay.
At check in Guest and Host may sign an agreement for occupancy of the unit. Mysuites is not a party to any occupancy agreement and has no liability thereunder. Any such occupancy agreement does not bind Mysuites in any way, or modify the provisions of these Terms and Conditions. Host warrants that (i) Host is fully responsible for the compliance of the accommodations and occupancy agreement with all applicable state and local regulations, laws and codes, (ii) Host is fully responsible for the condition of the accommodations, and warrants that the accommodations are safe and free of defects in appearance, function, utility and security, (iii) Host bears full responsibility for withholding and remitting all sums due for applicable taxes accrued with respect to the rental of the accommodations. Host hereby agrees to indemnify and defend Mysuites from any claim, damage or liability resulting from a breach of the foregoing warranties. In using the Website, Guest agrees not to assert any claim of any nature again Mysuites for the acts or omissions of any member Host, any such claim is to be brought directly against the offending member Host.
Mysuites has no responsibility to the Host for the acts of Guests while in the Host’s accommodations. Mysuites has no duty or obligation to investigate, verify or qualify the Guest in any way, other than to verify the Guest’s membership. Mysuites only obligation to Host is to remit any sums collected by it on Host’s behalf pursuant to the terms hereof. Mysuites liability in any event shall not exceed sums collected by it on the Host’s behalf. In using the Website, Host agrees not to assert any claim of any nature again Mysuites for the acts or omissions of any member Guest, any such claim is to be brought directly against the offending member Guest.
Mysuites reserves the right, at its sole discretion, to modify the Website, Reservation Offer, Reservation Acceptance, Booking Confirmation, Services or these Terms and Conditions, including the Service Fees, at any time and without prior notice. By continuing to access or use the Website after such modification, you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your only recourse is to cease using the Website.
5. HOW THE WEBSITE WORKS
The Website is designed to be used to introduce member Hosts to member Guests, and to facilitate the booking of residential units, apartments and or rooms (“Accommodations”).
Hosts post listings of available accommodations and services. Guests peruse the accommodations postings to identify potential locations. Guest then submits a request for accommodation for the desired dates. Mysuites matches the request with available accommodations. My suites forwards the date request to the Host, who will either accept or decline the Request. Guest will be notified of the Host’s response, and provided that both parties desire to proceed, Guest shall remit payment for booking the requested dates through the Website. Guest will receive a Booking Confirmation after the deposit has been made and accepted. Payment shall be forwarded to Host once Mysuites is notified of Guest’s check in. Guest is booking the specific dates, but not any specific location.
The reservation is for specific dates not for any specific accommodations. My suites and its hosts offer two types of reservations; Best Available Suite, and Preferred Suite. With a Preferred Suite reservation, the guest will select a preferred accommodation in their reservation. My suites will then use its best efforts to match the Guest to the preferred accommodation. However, due to the smaller exclusive membership nature of Mysuites, it is possible that the Host will encounter management issues, such as a prior guest holding over, making Mysuites unable to match Guest to the preferred accommodations, for all or a portion of Guest’s stay. In such event Guest will be matched with substitute accommodations.
With a Best Available Suite reservation, Mysuites will assign Guest to the Host with the best available suitable accommodations within 48 hours prior to arrival.
Mysuites is not an owner, operator or provider of any of the Accommodations. Mysuites does not own, sell, resell, provide, rent, re-rent, manage and/or control the Accommodations or any of the Services offered. Unless explicitly specified otherwise on the Website, Mysuites’ responsibilities are limited to: (1) facilitating the introduction of member hosts and member Guests and (2) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
6. BOOKING, PAYMENT
(a) You understand and agree that Mysuites is an online reservation service and that all reservations and contact will be made through the Website and by e-mail. The Booking and these Terms and Conditions constitute your agreement with Mysuites. The Reservation Offer, Reservation Acceptance, the Booking Confirmation and email confirming clearance of your Booking Deposit, constitute the agreement between Host and Guest as well as proof of payment and receipts.
(b) You understand and agree that Mysuites will collect the full payment due from Guest, from which it will pay the Host for the rent due and will retain Mysuites’ commission on the Booking.
(c) Guest agrees that a booking deposit, equal to the greater of to 30% of your balance, or flat amount of $520.00, is due upon Host’s acceptance of the Reservation Offer. We do not accept debit card or pre-paid credit cards at the time of booking. THE BOOKING DEPOSIT IS NOT REFUNDABLE.
(d) The balance of payment for the Accommodations is due at least eight days (8) before check in, and Guest agrees it will to be billed on the credit card put on file with Mysuites at the time of the Reservation Offer, unless other arrangements are made, at least eight (8) days before arrival.
(e) Should the credit card we have on file be declined when we attempt to collect the balance payment, we will charge a $50 fee and the reservation will be suspended. In this event Guest will remain responsible for all cancellation fees that might apply and authorizes Mysuites and or Host to pursue any and all remedies available to collect sums owed.
(f) Mysuites fee to Host for the services provided by Mysuites as described herein is equivalent to ten (10%) of the of total the amount of the Booking including all fees for Concierge services.
(g) The Guest acknowledges that all authorized charges will be processed through K&M RENTALS INC. and appear on their statements of account as having been billed by K&M RENTALS INC. Mysuites will credit Guest for all payments processed in such manner.
7. SECURITY DEPOSIT & DAMAGES
Mysuites will bill $500.00, against Guest’s credit card on file, as a refundable security deposit. The deposit will be refunded 24 hours after check out, unless Host makes a claim for damages against the deposit. The security deposit will be returned only on the credit card it was charged to, no other means of refund will be considered.
In the event of damage or loss to the Accommodations or its contents occurring during the term of Guest’s occupancy thereof, Host will make a claim against the security deposit held by Mysuites for the cost of the repair and the balance of the deposit will be refunded to Guest within seven (7) days from check out.
Guest’s liability for damage caused to the Accommodations by Guest, members of its party or its invitees is not limited to the amount of the security deposited hereunder. Host shall inspect the Accommodations within 24 hours after Guest’s check out, and upon notice to Mysuites, any damages or additional cleaning fees will be deducted from the security deposit. Damages include stains on the floor, bedding, towels and sofas.
Guest agrees to be fully responsible for any damage caused to the Accommodations, its contents or the building in which they are located, by Guest, members of its party or by any of its invitees. Guest and Host hereby authorize Mysuites to pay over to Host from the security deposit the amount claimed due by Host for damage to the Accommodations. In the event that Guest disputes the amount of such claim, Guest’s sole remedy shall be to proceed against Host to recover sums which have been paid over. Mysuites is acting as a stake holder only, with respect to the security deposit for the convenience of the Parties. In no event shall either Guest or Host commence an action against Mysuites seeking the recovery of sums deposited as security.
8. ADDITIONAL FEES
In the event that Guest fails to vacate the Accommodations for 12 hours beyond the checkout time specified in the Booking Confirmation (“Holdover”), Guest authorizes Mysuites to bill a $500.00 per night surcharge, in addition to the Accommodation daily rate, for each night of Guest’s Holdover. Guest agrees that this surcharge is fair and reasonable in view of Host’s loss of income from other Guests, and may be charged against Guest’s credit card on file.
All fees and/or charges imposed by banks on refunds of international transactions, due to variations in exchange rate, or any other fees overseas banks might apply shall be borne by Guest.
Guest authorizes Mysuites to charge its credit card on file at any time for additional fees such as but not limited to:
Delayed Check-In (Per Hour) $15.00.
Late Night Check-in: Between 9:00 pm and 11:00 pm $25.00; Between 11:00 pm to 1:00 am $50.00.
Early Check-in: Between 6:00 am and 9:00 am $100.00; Between 9:00 am and 12:00 pm $70.00; Between 12:00 pm and 12:00 am $50.00.
Late Check-out: Between 12:00pm and 5:00pm $50.00; Between 5:00pm and 8:00pm $80.00.
Smoking Fee $180.00.
Additional Final Cleaning $60.00. Stained Towel or Bedding per item $35.00.
Pet Suite Cleaning $120.00 per pet.
Lost Keys $90.00; Late Key Return $35.00.
Trash Pick-up $25.00 (Departure).
Letter and Package Delivery $25.00 per item or $50.00 3 for items or more.
Manager Service call $25.00; after 9:00 pm $50.00.
Declined Credit Card $50.00.
Chargebacks $500 administrative fee
9. CONCIERGE SERVICE.
In order to make your trip more enjoyable we can help you arrange certain concierge services such as a personal chef, maid, driver, trainer, shopper, massage, spa or catering services. These services are available with an accommodations booking and are billed at the then prevailing rates.
All providers of concierge services are independent contractors and not employees or agents of Mysuites. We will be happy to assist you with any issue which may arise with respect to fees or scheduling with the concierge service providers, we will not however warrant your satisfaction with the services provided. Payment for Concierge Services is due at the time of Booking and is not refundable.
10. INFORMATION ON WEBSITE BELONGS TO MYSUITES.
By accessing the Website, you agree that the information set forth in the Website overrides any another posts, images, information or claims made by any third parties, agents or paid advertising found elsewhere.
You acknowledge that any information, photos or depictions of the accommodations, which you post or access on the Website, is proprietary in nature and you are granting Mysuites a license to use same. Any such depictions may not be used by another Host, Guest, or any other person for any purpose what so ever without prior written consent.
In the event of a breach of these provisions, Mysuites will pursue any remedies which it may have against you including copyright infringement.
Descriptions and information about the Accommodations reflect conditions prevailing at the time the photographs were taken or the information obtained. Although, we try to keep our information as current as possible, the information is subject to errors, omissions, change of price or conditions, or withdrawal without notice.
11. PERMISSIVE LICENSE, PROHIBITED ACTIVITIES.
Mysuites grants it members a permissive, non-exclusive, limited, right and license to utilize its Website, integrated programs and software while on the Website for the purposes of posting, selecting and booking Accommodations. Any other use is prohibited and constitutes a violation of this permissive license. Mysuites reserves the right to terminate a party’s membership and license to utilize the Website at any time without prior notice. Any violation of these Terms and Conditions shall result in the immediate termination of this license.
You, as the user of this Website agree that:
(a) The content of this Website including software, photos, depictions, pricing, availability and booking information is proprietary to Mysuites and except for the making of limited copies of itineraries, may not be copied, downloaded, modified, stored, distributed or displayed for any purpose, without our prior consent.
(b) You shall not use this Website for any commercial purpose, shall not copy or utilize any content from this website, shall not use this site for the making of fraudulent reservations or bookings.
(c) You shall not use this website to transmit, libelous, defamatory, indecent, pornographic material, information calculated to harm another person or their reputation, information which encourages violation of the law, information which infringes another person’s copyright, information which promotes discrimination, or information which is violent or threatens another person.
(d) You shall not interfere, or attempt to interfere, with the operation of the Website in any manner, including transmitting any type of computer virus, worm, Trojan horse, cancel bot, flood ping, harmful code, cookies or tracking device, fraudulent e-mail or wire address information, of any nature. Nor shall you attempt to bypass, deactivate, impair, copy or reverse engineer any of the Website’s software in any manner.
(e) You shall not use the Website to stalk any person or to obtain the personal information of any member without their consent. You shall not use any personal information obtained concerning any member except in making and or fulfilling any booking.
(f) You shall not use the Website to post false information, assume a fraudulent identity or to commit any fraudulent act.
(g) You shall not use the Website to retrieve and compile information regarding members, send SPAM to any users of the Website, or encourage any members to seek comparable services from a third party.
Any violation of the foregoing will result in the immediate suspension of the Guest or Host’s membership, together with Mysuites pursuit of any remedy available to it.
12. USER ACCOUNT.
You are responsible for all activities that occur under your account with us. You agree to protect and safeguard your password and account information against unauthorized use. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session. You agree that you will be solely responsible for any loss or damage arising from your failure to comply with this Agreement.
13. LOCAL AND INTERNATIONAL LAWS.
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, as well as all laws relating to Accommodations and the use thereof in the jurisdiction where located. Notwithstanding the foregoing, the parties consent to the application of the laws of the State of New York for the resolution of any dispute arising hereunder.
14. RATE & ACCOMODATION POLICY
You understand that the only binding rates are those disclosed on your Booking. You also understand that MySuites offers a general accommodation and the reservation is for specific dates and not for specific rooms/suites/apartments. Under NO circumstances this agreement is made in reference to a specific suite, a specific location or a specific name.
Mysuites offers two types of rates; Best Available Suite Rate and Preferred Suite Rate.
With the Best Available Suite Rate Mysuites will assign Guest to the host with the best available suitable accommodations, within 48 hours prior to arrival. This rate requires the most flexibility on the part of the Guest, but offers the best value.In addition MySuites can assign to guests, at its solely discretion, suites or hotel’s rooms not disclosed on this web site,and managed by the company, under the condition that those other accommodations are in the same location and with same amenities of those disclosed on the web site.
With a Preferred Suite reservation, the guest will select a preferred accommodation in their reservation. My suites will then use its best efforts to match the Guest to the preferred accommodation. However, due to the smaller exclusive membership nature of Mysuites, Mysuites will encounter management issues, such as a prior guest holding over, making Mysuites unable to match Guest to the preferred accommodations, for all or a portion of Guest’s stay. In the event that Mysuites cannot match Guest to their preferred accommodations, Guest will be matched with substitute accommodations, and receive a refund for the difference between the rate for the selected suite and the rate for the substituted suite, if the substituted suite is of lesser value. Refund or adjustment will be made.
In the rare event that a hotel room is substituted for a few nights of the stay, such substitution shall be at Host’s cost and expense. Guests shall not be entitled to a refund or adjustment for nights spent in a substituted Hotel.
All rates include all taxes and one regular final cleaning. All rates quoted on this Website are intended for an occupancy of 2 (two) persons only.
Any refunds will be processed within one week from Guest’s original check out date, even in the event of Host’s cancellation of your reservation.
15. CANCELLATION POLICY.
(a) If Guest decides to cancel a booking, (i) More than sixteen (16) days prior to the arrival date specified in the Booking Confirmation, the Guest’s Booking Deposit will be forfeited, and (ii) If the cancellation is sixteen (16) days, or less, prior to the arrival date specified in the Booking Confirmation, Guest will forfeit the Booking Deposit and also be charged fifty (50%) of the balance due, and (iii) If the cancellation is eight (8) days, or less, prior to the arrival date specified in the Booking Confirmation, Guest will forfeit the Booking deposit and be charged for the full balance due.
(b) If Guest shortens their stay after check in, no refund will be given.
(c) If Guest fails to check in or cancels at check in for whatever reason (such as but not limited to, weather conditions, medical reasons, personal reasons, or “you don’t like the suite”) Guest will be charged one hundred percent (100%) of the full balance for Accommodations and the services booked.
(d) If Guest’s check in date is delayed, less than seven (7) days before arrival, no refunds will be given.
(e) For all reservations made less than five (5) days before arrival, there is no refund under any circumstances. Full Price is due and will be charged directly to your credit card upon booking.
(f) Guest authorizes Mysuites to bill their credit, debit or PayPal card on file with us at any time for, the balance due, all cancellation, failure to check in, or delayed check in fees that may be incurred for, all services booked or for damage that may occur during Guest’s stay.
16. HOST’S CANCELLATION OF BOOKING.
In the event that either the Host or Mysuites must cancel the reservation, for any reason, Mysuites in its sole discretion, may either:
(a) provide Guest with a suite or hotel room in substitution for the Accommodations for the initial two to three nights of Guest’s stay. In the event that such substitution is offered, Guest shall not be entitled to any refund or other remedy, or
(b) refund Guest’s booking deposit in full. In the event a refund is offered, this shall be Guest’s sole and exclusive remedy.
17. BOOKINGS MADE BY THIRD PARTY AGENTS.
All bookings made by third parties or thru third parties, such as brokers, travel agencies (such as, vrbo, home away, roomora or airbnb) must comply with and be subject to these Terms and Conditions.
In the event of a cancellation or any claim made for damage to the Accommodations, Mysuites and or Host reserve the right to seek indemnification for damage of any nature directly from the Guest.
18. REVIEWS AND COMMENTS.
We encourage Guests to review their stay and provide us with comments on how we can improve your experience. Any information you submit to us will become the property of Mysuites to be used for any purposes, including marketing and self-promotion, which we may desire. We reserve the right to edit and modify any comments which you forward to us, including the right to determine how, when and or if to utilize your comments on our website. You further agree not submit the comments forwarded to us to any other travel or commercial website. You agree to be fully responsible for the content of any comments which you submit to us and to indemnify us from any claim made for infringement, defamation, breach of contract or any other claim of any nature.
19. USE OF THE SUITES.
You agree that the rented suite shall be used for residential purposes only. You represent that you and the members of your party will at all times conduct yourselves in a civil, prudent and law abiding manner, without disturbing the other residents of the building in which the suite is located. You acknowledge that a breach of this provision will cause immediate and irreparable harm to Mysuites. Accordingly, in the event of a material violation of this provision, you agree to immediately vacate the suite upon notice, and you will not be entitled to a refunded of sums paid. You also agree that you are responsible for the good conduct of all persons in your party who will occupy the suite and are also responsible for any damages or loss to the suite that may occur during this stay. Your liability for acts or improper conduct in the use of the suites during your dates of stay can be claimed by Host at any time during your stay or within seven days thereafter, and a claim against your security deposit held by Mysuites. See Paragraph 7 for additional information on damage and Security Deposits.
Mysuites shall use its best efforts to protect the privacy of its Guests and Hosts. Information regarding Guests and Hosts, which is not known to the general public, shall be released only to parties, who Mysuites in its sole discretion determines, have a need to know. Mysuites shall also release such information when it has a duty to do so, such as when it is served with legal process or is compelled by a court of competent jurisdiction to do so.
21. MEMBER POSTS.
Any photos, comments, inquiries or other information posted, added or submitted to the Website by you is licensed to Mysuites on a non-exclusive, perpetual, worldwide, royalty-free basis. My suites in its sole discretion shall determine whether or not to permit the images or information to appear or remain on the Website. Mysuites shall have the unfettered right to use, display, exploit, or sub-license the images and or information in any way it may see fit, without any duty, notice or fee owed to you. You represent that you are the sole owner of any photo, comments or other information which you post add or submit to the Website, and have full right title and authority to license such images and or information to Mysuites. In the event that any claim of infringement is made or asserted against Mysuites with respect to the images or information, you agree to fully indemnify and defend Mysuites with respect thereto.
22. GENERAL PROVISIONS.
(a) This Agreement and the relationship between you and MYSUITES shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and MYSUITES agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York, First or Second Departments.
(b) The failure of MYSUITES to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
(c) If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
(d)You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Accommodations, Security Deposit or Concierge Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(e) In the event that Mysuites shall commence an action or proceeding against you to enforce its rights pursuant to the Terms and Conditions or defend itself in case of a dispute with respect to any other agreement that you may have with Mysuites, you agree to reimburse Mysuites for its reasonable legal fees, plus other costs as may be set forth herein.
(f) In the event that you post a negative review or comment concerning Mysuites, that for any reasons Mysuites consider it a breach to these terms and conditions, Mysuites shall exercise any remedies available to it to protect its reputation, including an action in defamation, if appropriate.
(g) The Website contains links to other websites. Mysuites takes no responsibility for your experience on a website which doesn’t not belong to us, or over which we have no control.