LEGAL DISCLAIMER
1. Nature of Rental.
a. The Bond Townhouse rents fully furnished apartments through membership leases from one (1) to six (6) months. A membership lease is granted by the Bond Townhouse upon an online application, and it serves the sole purpose of guaranteeing you a stay during the dates of validity of that lease. The “membership” has to be intended as right or guarantee of stay (depending on availability) during the dates of validity. Without a valid membership lease you cannot stay at the Bond Townhouse. Renters cannot claim any other benefits or advantages by holding a membership lease, other than a right to reserve or to stay.
There are no commissions or fees connected to the membership lease. The Renters simply agrees to pay the amount requested for the reservations and occupancy.
Although Membership leases are from 1 to 6 months, and there are no limits of staying, the maximum period of consecutive months allowed is 3 months. Renters will never be responsible for any fees, maintenance repairs or utilities during the validity of his/her lease when Renter is not present, not occupying the premises or there is not a valid reservation.
b. Rent is calculated and paid exclusively for the period of your stay, and incorporates and includes all fees, utilities, and maintenance of the apartments seen as “wear and tear.” The Bond Town house offers concierge services, not included in the rents quoted, including but not limited to the following: private chef; maid; driver; trainer; shopper; massage; spa; and, catering services (hereinafter collectively referred to as “Concierge Services”). A full list of concierge services and the applicable fees will be provided to you upon request. The suites are rented in “AS-IS” condition.
c. The Renter will be responsible for any damage which they, a member of their party or any other invitee may cause to the suite.
d. The Renter shall be responsible to inspect the suite upon check in and bring any issues or problems to the attention of the bond townhouse within four hours of check in, or as soon as may be reasonable under the circumstances. The bond townhouse will use its best efforts to resolve any problems or issues arising during your stay as soon as possible.
2. Nature of Concierge Service.
a. In order to make your trip more enjoyable we offer certain optional Concierge 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 The Bond Townhouse. The Bond Townhouse will make all reasonable efforts to facilitate Renters use of the Concierge Services, but shall not be responsible for your satisfaction with the services provided.
The Bond Townhouse is not responsible or liable for the actions and inactions (including any negligent, grossly negligent or tortuous acts) by any of the Concierge Service providers.
3. Electronic Signature.
By entering your full name on the credit card or debit card being used on the reservation form, you consent to use your electronic signature to sign any document or communication and to receive electronic delivery of any document or communication. You understand that your electronic signature is legally binding, just as if you had signed a paper document.
4. Indemnity.
Renter agrees to indemnify, defend, and hold harmless The Bond Townhouse (and its employees, agents, successors, attorneys) against any loss, cost, or damage of any kind (including reasonable outside attorneys’ fees) to the extent arising out of its breach of this Agreement, and/or its negligence or willful misconduct.” This includes any injury or damage, to person or property, resulting from any incident occurring in the hotel, suite, or the grounds/property on which either is located, due to any act or omissions of you, the members of your party and or any agents or invitees thereof.
5. Disclaimer of Warranties
RENTER EXPRESSLY AGREES THAT (EXCEPT AS MAY BE PROHIBITED BY LAW): (a) RENTERS USE OF THE WEBSITE, SUITE AND/OR ANY CONCIERGE SERVICE IS AT RENTERS SOLE RISK. THE WEBSITE, APARTMENTS, SUITES AND/OR CONCIERGE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE BOND TOWNHOUSE MAKES NO REPRESENTATION AS TO THE COMPLETENESS OR ACCURACY OF THE INFORMATION ON THIS SITE. (b)THE BOND TOWNHOUSE EXPRESSLY DISCLAIMS 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) THE BOND TOWNHOUSE MAKES NO WARRANTY THAT THE WEBSITE, HOTEL, SUITE OR CONCIERGE SERVICE : (i) WILL MEET RENTERS REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THAT THE RESULTS WHICH RENTER OBTAINS WILL BE ACCURATE OR RELIABLE, (iv) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, LODGINGS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY RENTER THROUGH THE BOND TOWNHOUSE OR THE WEBSITE WILL MEET RENTERS’ EXPECTATIONS.
6. Limitation of Liability
RENTER EXPRESSLY UNDERSTANDS AND AGREES THAT THE BOND TOWNHOUSE , 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.
7. Release
RENTER, ON BEHALF OF RENTER AND THE MEMBERS OF RENTER’S 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 RENTERS 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.
8. Notice
Notices to renter may be made via email or regular mail. The Bond Townhouse 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.
9. Trademark Information.
bondtowhouse.com, the bond townhouse logo, trademarks and service marks, and other bondtownhouse.com logos and product and service names are trademarks of The Bond Townhouse (the “Marks”). Renter agree not to display or use the Marks in any manner without the prior written permission of The Bond Townhouse, for each separate instance.
11. General Provisions.
(a) This Agreement and the relationship between Renter and The Bond Townhouse shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Renter and The Bond Townhouse 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 The bond townhouse 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 The Bond Townhouse shall commence an action or proceeding against Renter to enforce its rights pursuant to the Terms and Conditions or any other agreement which Renter may have with The Bond Townhouse Renter agrees to fully reimburse The Bond Townhouse for reasonable legal fees.