1. NATURE OF RENTAL.
a. We rent fully furnished suites for a minimum period of 30 days or longer. We offer concierge services, not included in the rents quoted such as, private chef, maid, driver, trainer, shopper, massage, spa and catering services. A full list of concierge services and the applicable fees will provided to you on request. The suites are rented in AS-IS condition.
b. The Guest will be responsible for any damage which they, a member of their party or any other invitee may cause to the suite.
c. The Guests shall be responsible to inspect the suite upon check in and bring any issues or problems to the attention of mysuites within four hours of check in, or as soon as may be reasonable under the circumstances. mysuites will use its best efforts to resolve any problems or issues arising during your stay as soon as possible.
2. NATURE OF HOTEL BOOKING.
a. We are a booking agent and will book your stay with one of our participating luxury hotels on your behalf. There is no 30 day minimum stay on hotel bookings. Your hotel room can be booked alone, or with offered concierge services for a luxury package.
c. We are not responsible for any defect, deficiency, complaint or claim, of any nature, with respect to either the room or services provided by the hotel. Any such issues are to be addressed with the hotel directly.
3. NATURE OF CONCIERGE SERVICE.
a. In order to make your trip more enjoyable we offer certain optional concierge services such as a personal chef, maid, driver, trainer, shopper, massage, spa and catering services. These services are available with either our suite rentals or hotel bookings and are billed at our then prevailing rates.
b. 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.
c. We are not responsible any negligent, grossly negligent or tortious acts committed by any of the concierge service providers.
4. INDEMNITY.
You agree to indemnify, defend and hold mysuites, our employees and agents, harmless from any claim or demand, including attorney’s fees, made by any party due to or arising out of any injury or damage, to person or property, occurring in the hotel, suite, or the building in which either is located, due to the act or omissions of you, the members of your party and or any agents or invitees thereof.
4. ELECTRONIC SIGNATURE.
By entering the First Name and Last Name as they appear on the credit card or debit card being used on the reservation form, the signee acknowledges that he or she is the legal credit card or debit card holder and further agrees, accordance with the Electronic Signatures in Global and national Commerce Act (ESIGN), 15USC7001, and the Uniform Electronic Transactions Act (UETA), that the electronic record attache to this transaction is for all intents and purposes the legal binding signature of the card holder.
5. INDEMNITY.
You agree to indemnify, defend and hold mysuites, our employees and agents, harmless from any claim or demand, including attorney’s fees, made by any party due to or arising out of any injury or damage, to person or property, occurring in the hotel, suite, or the building in which either is located, due to the act or omissions of you, the members of your party and or any agents or invitees thereof.
6. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT (EXCEPT AS MAY BE PROHIBITED BY LAW): (a) YOUR USE OF THE WEBSITE, THE HOTEL, SUITE AND/OR ANY CONCIERGE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE, HOTEL, SUITES AND/OR CONCIERGE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS OR ACCURACY OF THE INFORMATION ON THIS SITE. (b)WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
(c) WE MAKE NO WARRANTY THAT THE WEBSITE, HOTEL, SUITE OR CONCIERGE SERVICE : (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THAT THE RESULTS WHICH YOU OBTAIN WILL BE ACCURATE OR RELIABLE, (iv) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, LODGINGS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH MYSUITES OR THE WEBSITE WILL MEET YOUR EXPECTATIONS.
7. NOTICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MY SUITES , ITS EMPLOYEES, AGENTS OR ASSIGNS (“WE”), SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY NATURE RESULTING FROM: (i) THE USE OF THE WEBSITE, HOTEL, SUITE OR CONCIERGE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, HOTEL, SUITE OR CONCIERGE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, HOTEL SUITE OR CONCIERGE SERVICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MYSUITES’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
8. RELEASE.
YOU, ON BEHALF OF YOURSELF AND THE MEMBERS OF YOUR PARTY, HEREBY RELEASE, REMISE AND FOREVER DISCHARGE MYSUITES AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, EMPLOYEES, AND ALL OTHER RELATED PERSONS FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, OR LIABILITIES OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE, SUITE, HOTEL OR CONCIERGE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542. IF YOU ARE A RESIDENT OF A STATE WITH ANY SIMILAR LIMITATION ON RELEASES AND WAIVERS OF THIRD PARTIES, YOU HEREBY WAIVE ANY STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT IN THAT STATE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
9. NOTICE.
Notices to you may be made via either email or regular mail. We may also provide notices of changes to the Agreement, Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Website.
10. TRADEMARK INFORMATION.
mysuites.net, the mysuites.net logo, trademarks and service marks, and other mysuites.net logos and product and service names are trademarks of mysuites (the “Marks”). You agree not to display or use the Marks in any manner without the prior written permission of mysuites INC, in each instance.
11. 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, Suites, Hotel 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 any other agreement which you may have with mysuites, you agree to reimburse mysuites for its reasonable legal fees.