I (Guest) hereby agree to adhere to the agreement herein and by completing this reservation it serves as my agreement to the Terms & Conditions set forth herein, and as set forth under House Rules. House Rules (published on that would incur charges include, but are not limited to, additional guests, smoking, leaving apartment in excessively messy or unsanitary condition, property damage, missing items, or if overstaying the agreed check-out time. I also authorize to charge additional amounts by this credit card when applicable and for incidental charges, if any. I acknowledge that a separate $500 or $1000 refundable Damage Security Deposit will be authorized (held and not charged) against my credit card 1-2 days prior to my arrival and will be released within 2-3 days after agreed checkout time assuming no violations have occurred. Other than normal wear and tear, I agree to be responsible for any loss or damage caused to the property, and if found to be in violation of House Rules, I may be subject to additional charges not limited to the Security Deposit, but rather the total cost of such repairs or costs associated in order to remediate the loss, damage, or violation.
Guest agrees that no more than the total Authorized # of Guests agreed upon shall be permitted in the rental unit at any time (to lodge) during the rental term, all of whom shall comply with the conditions and restrictions imposed upon guest under the agreement.
CONDITION AND USE OF PROPERTY
The property is provided in “as is” condition. Owner or rental agent shall use its best effort to ensure the operation of all amenities in the property, such as elevator access, internet wifi, cable TV, swimming pools or hot tubs, and central air conditioning. rental agent shall not be held responsible for inconvenience caused by construction or noise from occurring in or around the building during normal business hours or for any items failure to work, but will make every effort to correct any issues as reported, as quickly as possible.
Guest shall use the property for lawful residential purposes only and in a careful manner to prevent any damage or loss to the property and keep the property in clean and sanitary condition at all times. guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall guest use the property for any immoral, offensive or unlawful purposes, nor violate any law, building condominium association rules or ordinance, nor commit disturbances or nuisances on or about the property.
Guest acknowledges that use of amenities such as fitness center, hot tubs, pools, spas, balconies, and the like may be potentially dangerous and involve potential risks - particularly with regard to children - and such use is at the guest’s own risk.
DEFAULT AND HOLDOVER
If guest should fail to comply with the conditions and obligations of this agreement, guest shall surrender the property, remove all Guest’s property and leave the property in good order and free of damage. No refund of any portion of the total rent payment amount shall be made and if any legal action is necessary. Guests who do not check out on time may have their possessions bagged and stored without liability to owner or the Property Manager.
ENTRY AND INSPECTION
Rental Agent or its representatives reserve the right to enter the property at reasonable times, with or without advance notice for the purposes of any emergency, cleaning, inspecting, or viewing the property or most commonly for the retrieval of supplies from storage areas. We are insured and licensed and are not looking to invade your privacy as we want you to enjoy your stay without interruption. Our guest’s satisfaction is of paramount importance to us as demonstrated by prior guest reviews. If rental agent, building management, owner, or Owners representative has a reasonable belief that there is imminent danger to any person or property, they may enter the property at any time and without notice.
UNAVAILABILITY OF PROPERTY
In the event the property is not available for use during the rental term due to reasons, events or circumstances beyond the control of rental agent or property owner, rental agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the guest. If such replacement property cannot be found and made available, rental agent shall return all payments made by the guest to the Property Manager, whereupon this agreement shall be terminated and guest, owner, alexander hotel, condominium association, manager and rental agent shall have no further obligations or liabilities in any manner pertaining to this agreement.
RISK OF LOSS AND INDEMNIFICATION
Guest agrees that all personal property, furnishings, personal effects and other items brought into the property by guest or authorized guests and visitors shall be at the sole risk of guest with regard to any theft, damage, destruction or other loss and property owner, rental agent, manager or condominium association shall not be responsible or liable for any reason whatsoever.
LIMITATIONS OF LIABILITY
Our maximum liability for losses you suffer as a result of a breach of this contract is strictly limited to the amounts received by us in relation to your booking. Guest(s) agree(s) to solely assume the risk of injury, illness or death, or other loss, and we are not responsible for guest(s) use of any athletic or recreational equipment; or for the negligence or wrongdoing of any independent contractors, including but not limited to, housekeepers, hotel, restaurant, pool or building personnel, or for events taking place at the property. we hereby disclaim all liability to the guest(s) for damages for emotional distress, mental suffering or psychological injury of any kind under any circumstances, when such damages were neither the result of a physical injury to the guest(s), nor the result of guest(s) having been at actual risk of physical injury, nor were intentionally inflicted by us. Without limiting the preceding sentence, in no event will we be liable to guest(s) for any consequential, incidental, exemplary or punitive damages.
Guest hereby waives and releases any claims against the building condominium association, rental agent, the property owner, the alexander hotel and their successors, assigns, employees or representatives, officially or otherwise (‘us” or “we” or “our”) for any injuries, illness or death that may be sustained by guest (or authorized or permitted guests) on or near or adjacent to the property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the guest’s own initiative, risk and responsibility.
GENERAL PROVISIONS, LAW AND JURISDICTION
This agreement contains the entire agreement between the parties with regards to the rental of the property (“unit”, “rental unit”, “apt.”), and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both guest and the Property Manager. You may not transfer any rights and responsibilities under this contract to any other person. This agreement shall be governed by the laws of the state of New York and we both agree that any dispute, matter or other issue which arises between us will be exclusively dealt with by the courts in Nassau County, New York. The words “Rental Agent,” “Property Owner,” and “Guest” shall include their respective heirs, successors, and representatives. The waiver or failure to enforce any breach or provision of this agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the agreement shall not be affected. Any notice required to be given under the agreement shall be in writing (email acceptable) and sent to the contact information included herein. This agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital (electronic) signature shall be deemed a valid signature and understand that by signing and submitting this document in this fashion is the legal equivalent of having placed my handwritten signature on the submitted document.