Total $4,500.00 Due: 02/28/2018
Daniel Stadlin has invited you to pay $____ towards the upcoming rental of Renees Way located in East Hampton, NY.
Please click "Pay Now" below in order to complete payment.
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Each Site is operated by Marquis Rentals, LLC. Unless otherwise specified, the entity controlling the Site you are accessing is referred to herein as “Company” “we,” “us” or “our”. For the purposes of this agreement “you” means, collectively, the person using the Site or booking a certain property
You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and the Company. You are not authorized to use this Site unless you are at least 18 and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18.
If you arrived on the Site after having been re-directed or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site.
The Site is a Neutral Venue and We are Not a Party to any License Agreement, Booking Agreement, Rental Agreement or other Transaction Between Users of the Site. We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a property or booking a property. We do not own or manage, nor can we contract for, any property listed on a Site. The Site acts as a venue to allow property owners and their representatives (“members” or “users”) who advertise on the Site to offer one or more of their properties to be booked by guests (“guests” or “users”), as well as a way for users to communicate with one another and enter into booking agreements or similar transactions. Because we are not a party to any license, booking, rental or other agreement between members and guests, any part of an actual or potential transaction between a member and a user, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any property), and the ability of members to license or rent a property or the ability of guests to contract for properties, are solely the responsibility of the users. We shall not, by reason of your use of this Site or otherwise, be deemed to be your employee or agent, and we shall have no power to enter into any agreement on your behalf or bind you. Neither the Company nor any of its affiliates entities, shareholders, members, directors, employees, agents or representatives are acting or are licensed as real estate brokers or real estate sal.
Responsibility for applicable laws, rules and regulations. Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site. Members further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the listing of their property and the conduct of licensing their property, including but not limited to any and all laws, rules, regulations or other requirements relating to taxes, credit cards, data and privacy, taxes, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any booking or other transaction and assume no liability for legal or regulatory compliance pertaining to properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to a listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion. Members who accept credit card, banking or other payment information from guests agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
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Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures the Company may use to prevent or restrict access to the Site (or other accounts, computer systems, or networks connected to the Site); (iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Site; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
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As part of the booking inquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.
Copyright Notifications. The Company will remove infringing materials in accordance with the DMCA if properly notified that content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Company’ Copyright Agent in writing. Your notice must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
If you believe that your work has been removed or disabled by mistake or misidentification, please notify the Company’s Copyright Agent in writing. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid. Our designated copyright agent for notice of alleged copyright infringement is:
In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States.
In the event that you use any of our tools that we may from time to time offer that integrate in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.
Identity Verification. User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity. We encourage you to communicate directly with a guest or member through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and, for guests, of the property and relevant details of your booking or proposed booking.
You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.
We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR COMPANY ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE COMPANY AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
Limitations on Communications and Use of Other Users’ Information; No Spam.
You agree that, with respect to other users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, and (c) inquiring about or otherwise facilitating a transaction between you and the other user related to the purpose of the Site (such as inquiring about or booking an online booking or charging a personal credit card). Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has booked a property from you or to you, to your mailing list (email or physical mail) without the user's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.
Links to Third Party Sites. The Site may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
Disclaimer. The Site, including all content on the Site, is provided on an "as is" and "as available" basis. Use of the Site is at your own risk. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, the Company, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable, complete, or correct; that the Site will meet your requirements; that the Site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Any content downloaded or accessed through the Site is downloaded or accessed at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or access.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
Indemnification. You agree to indemnify, defend, and hold harmless the Company and affiliates, and each of their members, contractors, suppliers, officers, directors, representatives, agents, and employees (collectively, the "Indemnitees") from and against any and all liability, damages and costs (including, without limitation, attorneys' fees) that arise from or relate to your use or misuse of the Site, including without limitation with respect to any claim arising out of any content that you submit or breach or alleged breach of any of your obligations set forth in these Terms. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall not settle any matter without the written consent of the Company. You shall cooperate as fully as reasonably required in the defense of any claim.
LIMITATION OF LIABILITY. IN NO EVENT WILL MARQUIS NOR ANY OF ITS AFFILIATED ENTITIES, SHAREHOLDERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATES”) BE LIABLE FOR ANY DELAYS, ACCIDENTS, DAMAGES, INJURIES OR LOSSES SUFFERED BY MEMBERS, GUESTS OR THE PROPERTY. MARQUIS IS NOT RESPONSIBLE OR LIABLE FOR MANAGING OR MAINTAINING THE PROPERTY OR FOR THE ACTIONS, INACTIONS OR FAULTS OF MEMBER OR ANY OTHER THIRD PARTY INVOLVED IN THE BOOKING OR MANAGEMENT OF THE PROPERTY. IN NO EVENT WILL MARQUIS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH THIS AGREEMENT OR THE BOOKING, LICENSE OR USE OF THE PROPERTY. IF, DESPITE THE LIMITATIONS CONTAINED IN THIS AGREEMENT, MARQUIS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY IN CONNECTION WITH THE AGREEMENT, THEN MARQUIS’ LIABILITY WILL IN NO EVENT EXCEED THE ONE HUNDRED DOLLARS ($100.00).
Destinations. The Company works with members and service providers in different destinations and you are responsible for determining what, if any, documentation (including passports and visas) are required to travel to a particular destination. The Company does not represent or warrant that travel to any destination is advisable or without risk and shall not be liable for damages or losses that may result from travel to such destinations. The Company is not responsible for weather or seasonal conditions, which may affect your use of any property and surrounding areas, including, but not limited to, beaches and roads, or your ability to travel to or from any property. The Company shall not be held responsible for any limited signal strength, absence and/or interruption in telecommunication services, including, but not limited to, internet, phone, cable and satellite reception. We urge you to consult with governmental travel reports, including alerts, warning and advisories, before entering into this agreement.
Booking Agreement. We may manage inquiries, quotes and booking agreements and allow for payments to be made relating to the booking of a property on our Site. By entering into a property booking agreement, the guest and member each agree to the terms and conditions set forth in such booking agreement or other such terms displayed in the booking process (including without limitation the cancellation and refund policies) effective as of the date that the user indicates acceptance of the booking agreement. You hereby acknowledge and agree that (a) you are fully responsible for such terms and conditions, (b) any booking agreement used, whether or not based on a sample provided by the Site is used solely at your own risk and expense, (c) nothing contained in these Terms or the booking agreement or any sample booking agreement is a substitute for the advice of an attorney, and (d) that you have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary any booking agreements to ensure compliance with federal, state, and local law and their particular circumstances, and to revise the booking agreement as necessary to accurately represent a particular property, rules, features, etc.
Force Majeure. You agree that the Company, its affiliates and/or the member are not be liable for any damages, losses or injuries caused by that person’s control, including, without limitation, any fire, flood, hurricane, tsunami, war, revolution, terrorism or change to any law, regulation or government policy.
Governing Law. This Agreement and all disputes or issues arising from it shall be governed exclusively by the laws of New York without regard to conflict or conflict of law principles.
Dispute Resolution. As a condition precedent to any other legal recourse (unless such legal recourse seeks injunctive relief), any parties to a dispute involving the Site shall make good faith efforts to come to resolution. An initial meeting to resolve the dispute shall be conducted by the parties at a meeting to be held via teleconference within fourteen (14) working days of a written request, which request shall specify in reasonable detail the nature of the dispute to be resolved at such meeting. The meeting shall be attended by representatives of the parties and any other person that may be affected in any material respect by the resolution of such disputes. Such representatives shall have authority to settle the dispute and shall attempt in good faith to resolve the dispute. The parties shall submit any unresolved dispute to binding arbitration before the American Arbitration Association (the “AAA”) pursuant to the AAA’s expedited rules with proceedings to take place in New York, New York. In the event of arbitration, the parties shall be responsible for their own legal fees and expenses, and the costs and expenses of the arbitrator and any fees charged by the AAA shall be apportioned equally between the parties.
Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. The Company may assign this Agreement to any successor entity. User may not assign without the written permission of the Company.
Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms will continue in full force and effect.
Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce these Terms, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.
No Waiver. No waiver of or by the Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Site, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
Modifications. The Company reserves the right to change any of the provisions posted herein and you agree to review these Terms each time you visit the Site. Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of such changes. The Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by the Company in writing, you may not amend these Terms in any way.
Terms & Policies
THIS BOOKING AGREEMENT (this "Agreement"), is entered into as of the date set forth on the signature page of this Agreement (the "Effective Date"), by and between the "Member" and the "Guest" (as each were defined on the booking confirmation page viewed and accepted by the Guest as a condition precedent to being presented with this Agreement (the "Booking Page"). The Member and the Guest may be referred to as the "Parties" and each individually as a "Party" throughout this Agreement.
WHEREAS, the Member is the manager or owner, or an authorized representative acting on behalf of the manager or owner, of the real property located at the address set forth on the Booking Page (the "Property"); and
WHEREAS, the Member has promoted the Property as available for temporary occupancy for the "Occupancy Period" (as defined on the Booking Page); and
WHEREAS, the Guest desires to rent the Property (the "Reservation") for the period of time during which the Guest desires to occupy the Property (the "Occupancy Period").
NOW, THEREFORE, the Parties agree to be bound by the terms and conditions of this Agreement as they relate to the Reservation of the Property during the Occupancy Period.
Term of the Reservation. The Reservation shall commence at [___] (the "Check-In Time") on the first date of the Occupancy Period and shall terminate at [___] (the "Check-Out Time") on the final day of the Occupancy Period, unless otherwise terminated by the Guest pursuant to Section 2 of this Agreement. Guest agrees to accept the Property "As-Is," and acknowledges that Member makes no representations or warranties beyond those contained herein or otherwise implied by virtue of law.
Termination. Notwithstanding anything to the contrary herein, in the event that the Guest violates any Reservation Rules (as defined below) contained in Section 4 of this Agreement, the Member may, at its sole discretion, require the Guest to immediately vacate the Property (an "Early Termination"). In the event of an Early Termination, Guest shall not be entitled to a refund of any Fees (as defined below).
Guest agrees to pay, without demand, those fees set forth on the Booking Page, which fees include (i) the rental fee for the Guest’s use of the Property, and for any credit card processing necessary to finalize the payment of fees due hereunder (the "Reservation Fees"), (ii) the security deposit for the Guest’s use of the Property during the Occupancy Period (the "Security Deposit"), and (iii) any fees for services ancillary to the Reservation, as requested by Guest (the "Ancillary Fees," and together with the Reservation Fees and the Security Deposit, hereinafter referred to as the "Fees").
Fees shall be due on the date(s) set forth on the Booking Page (the "Payment Dates"). In the event the Guest fails to pay any Fee by the applicable Payment Date, the Member may, at its sole discretion, elect to either (i) charge a late fee, or (ii) cancel the reservation ((ii) hereinafter referred to as a "Cancellation").
Guest acknowledges that the Member has, in entering into this Agreement, incurred significant costs, including but not limited to those costs incurred in preparation of the Property for the Occupancy Period, and has foregone the opportunity to offer the Property to a guest other than the Guest during the Occupancy period. Considering these costs incurred, in the event of a Cancellation, the Member shall be entitled to retain any or all of the Fees already paid by the Guest, subject to any understanding to the contrary contained on the Booking Page.
By entering into this Agreement, Guest agrees that any Fees collected and retained by Member in connection with the Reservation are the property of the Member, and Guest therefore further agrees not to chargeback any Fees collected by Member. In the event that Guest violates this Section 3(d), Guest agrees that Member shall be entitled to recover the amount subject to the Guest’s chargeback, and any fees incurred by Member in connection with enforcement of this Section 3(d), including but not limited to processing fees and legal fees (collectively "Chargeback Expenses") by charging (or having charged) an amount equal to such Chargeback Expenses to Guest’s credit card initially use for paying Fees.
The Guest will not be entitled to, and will not receive any refund of Fees for any period of inclement weather (i) overlapping the Occupancy Period, (ii) interfering with Guest’s ability to reach the Property during the Occupancy Period, or (ii) causing the Guest to abandon the Property prior to the conclusion of the Occupancy Period.
Reservation Rules. The Guest’s use of the Property during the Occupancy Period shall be governed by the following rules (the "Reservation Rules") which may be waived only by the Member, in writing;
Smoking. Unless otherwise set forth on the Booking Page, smoking of any kind is not permitted at the Property;
Occupancy. As informed by the Guest on the Booking Page, during the Occupancy Period, the Guest and __ additional adults, and __ additional children will be occupying the Property (each a "Guest Party Member"). Guest shall not permit, nor allow any Guest Party Member to permit, any person other than the Guest Party Members onto the Property at any time. The number of Guest Party Members shall not exceed the maximum occupancy number provided on the Booking Page (the "Occupancy Amount"), and the number of Guest Party Members actually using the Property during the Occupancy Period shall not deviate from the number provided on the Booking Page by the Guest;
General Behavior. Guest agrees to treat, and to cause Visitors to treat, with the same level of care that Guest would treat, or cause Visitors to treat, its own property;
Noise. Guests, Guest Party Members, and any other persons invited to the Property by the Guest or the Guest Party Members (collectively "Visitors") shall maintain noise levels so as to not disturb any Property neighbors;
Injuries and Illnesses. Guest agrees to use, and cause Visitors to use, the Property in accordance with its intended use (primarily, lodging purposes). By entering into this Agreement, Guest acknowledges that Guest expressly assumes the risk of any injury or illness occurring in connection with the use by the Visitors of the Property. Guest will immediately, or otherwise as soon as reasonably possible, notify Member of any injury to any Visitor that occurred at the Property;
Property Condition. Guest shall immediately (or otherwise, as soon as reasonably possible) inform Member of any condition of the Property that, in Guest’s reasonable belief, renders the Property unfit for occupancy, or might otherwise threaten the structural or aesthetic integrity of the Property. Guest shall leave the Property at the end of the Occupancy Period in the same condition as at the beginning of the Occupancy Period;
Business Conducted at the Property. Neither the Property nor any part of the Property nor any space appurtenant to the Property nor any land or water bordering the Property shall be used for the purpose of carrying on any business, profession or trade of any kind, except as customary with the occupancy of any property similar to the Property;
Laws and Regulations. Prior to, during and after the Occupancy Period, the Visitors shall abide by all laws, ordinances, rules and orders of appropriate local, state and federal governmental authorities with regard to the use by the Visitors of the Property, and shall not engage in any illegal activity thereon;
Appliances, Facilities and Systems. Visitors shall use all Property appliances, facilities, systems or other Property features in accordance with their intended uses. Guest agrees to limit use of all electrical, plumbing, sanitary, heating, air conditioning and other Property facilities as necessary in connection with the reasonable use of the Property by the Visitors. For the avoidance of doubt, the Guest shall not use any of the foregoing in any way that would not reasonably be anticipated by the Member, or any person in a similar position to the Member with regard to any real property;
Pets. Pets are not permitted on the Property, absent the prior written consent of Marquis, which consent shall be contingent upon the approval of the Member.
Valuables. Guest agrees to store and/or maintain valuables at the Property at its own risk. Guest acknowledges and accepts that owner is under no obligation whatsoever to provide any form of anti-theft or security system at the Property. Guest acknowledges that Member makes no representations as to the efficacy of any such system maintained at the Property, if any;
Check-in/Check-out. Guest will arrive at the Property no sooner than the Check-In Time, and will depart the Property at the end of the Occupancy Period no later than the Check-Out Time;
Dangerous Items. Possession of guns, other weapons, explosives, hazardous materials, illicit drugs, or other dangerous items, at the Property is prohibited at all times;
Doors and Windows. Guest will at all reasonable times keep Property windows and doors locked. Guest will restore any house appliance, system or facility to its resting condition upon completion of the Guest’s use thereof (i.e. shutting off ovens, putting out fires, etc.); and
Additional Reservation Rules. Visitors will at all times abide by any additional rules or restrictions provided by Member whether provided (i) upon entrance into this Agreement, (ii) prior to the Occupancy Period, or (iii) upon Guest’s arrival at the Property (collectively, the "House Policies").
Representations, Warranties and Acknowledgements:
Guest represents and warrants to the Member that:
Guest is at least 21 years of age;
Guest has the power and authority to enter into this Agreement;
Entrance into this Agreement by the Guest will not constitute a breach by Guest of any agreement or other understanding between Guest and any third party; and
Guest shall supervise Visitors in and around the Property at all times, and ensure that all Visitors abide by the House Policies and Reservation Rules.
Member represents and warrants to the Guest that:
Any reconfiguration of sleeping arrangements made by the Member prior to the Occupancy Period at the Property shall not have the effect of reducing the Occupancy amount;
The Property is suitable for the Guest’s quiet enjoyment and free of dangerous or hazardous conditions; and
Subject to Section 6(c), below, Member will notify Guest of any Property uses that will result in Member incurring Extraordinary Expenses.
Damages to the Property arising in connection with any Visitor’s breach of any of the Reservation Rules, or other provisions of this Agreement ("Property Damages") shall be paid to the Member out of the Security Deposit. To the extent that Property Damages incurred and reported by Member exceed the Security Deposit, Guest authorizes the Member to charge (or have charged) such excess amount to the Guest’s credit card used to pay any Reservation Fees (the "Reservation Card"). To the extent that the Security Deposit exceeds any Property Damages incurred and reported by Member, the excess will be returned to the Member in a commercially reasonable period of time after the Reservation. Any costs or expenses incurred by the Member, or Marquis Rentals LLC as agent for the Member ("Marquis"), in connection with the enforcement of this Section 6, including but not limited to legal fees, shall be charged to the Reservation Card, and Guest hereby expressly authorizes any such charge(s). Guest agrees that, except in the instance of fraud, all decisions made by Member with regard to the Property Damages are final decisions, not subject to negotiation, and Guest shall have no right to inspect any reports filed or created in connection with any Property Damages assessment.
Guest accepts and acknowledges that certain uses by the Guest Party Members of the Property will result in Member incurring additional, unexpected expenses ("Extraordinary Expenses"), and that Member reserves the right to treat any such Extraordinary Expenses as Property Damages, in accordance with Section 6(a). By way of example, Extraordinary Expenses shall include, but shall not be limited to, costs incurred by Member as a result of any action by any Visitor to heat any Property pool, spa or jacuzzi.
Expenses incurred by Owner in connection with any Guest Party Member’s use of the Property in any way, shape or form beyond what is reasonably expected by the Guest (for example, unnecessary and excessive use of climate control systems), shall be treated as Extraordinary Expenses, whether or not Guest was given prior notice thereof in accordance with Section 5(b)(iii).
Guest accepts and acknowledges that if the Guest is unable to return to the Member any Property key provided to the Guest in connection with the Reservation, as set forth in the respective House Policies, Member may, at its sole discretion, charge Guest a $50 key-loss fee, which key-loss fee shall be treated as Property Damages, in accordance with Section 6(a).
Indemnification. Guest agrees to hold harmless, defend and indemnify Member, Marquis, and Marquis’ employees, consultants, agents, representatives, affiliates, officers, managers and directors (collectively with Marquis and the Member, the "Indemnitees," and each an "Indemnitee") from and against any and all claims for property damage, personal injury, and any all claims, demands, causes of action, payments (including legal fees and disbursement incurred by any Indemnitee in connection with the foregoing) (each a "Claim") arising directly or indirectly out of, or otherwise in connection with (i) the breach by any Visitor of any Reservation Rules, House Policies or other provisions of this Agreement, or (ii) otherwise arising in connection with any Visitor’s occupancy of or presence at the Property, before, during or after the Occupancy Period, provided however that the Guest shall have no indemnity obligation hereunder to the extent the relevant Claim arose, directly or indirectly, from the Member’s gross negligence, willful neglect, or breach of any of its obligations set forth hereunder. In the event of any such Claim, the Indemnitee(s) shall notify Guest of such Claim as soon as reasonably possible, and Guest shall assume the defense of such Claim at its own cost and expense, provided, however, that Guest shall not be entitled to enter into settlement with regard to any such claim without the prior written consent of the Member, such consent not to be unreasonably withheld. Indemnitees shall be entitled to participate in any such defense at its or their own expense.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL MEMBER, OR MARQUIS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR DEATH, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH GUESTS’S OCCUPANCY OF THE PROPERTY, WHETHER BEFORE, DURING OR AFTER THE OCCUPANCY PERIOD. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF MEMBER OR MARQUIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Arbitration. The Parties hereto understand and agree that, from and after the Effective Date, any and all claims, grievances, demands, controversies, causes of action or disputes of any nature whatsoever (hereinafter "Disputes"), arising out of, in connection with, or in relation to (a) this Agreement, or (b) questions of arbitrability under this Agreement, shall be resolved by final, binding, nonjudicial arbitration in accordance with the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. pursuant to the following procedures:
Any Party may send another Party or Parties written notice identifying the matter in dispute and invoking the procedures of this Section 9 (the "Dispute Notice"). Within fourteen (14) days from delivery of the Dispute Notice, each Party involved in the dispute shall meet at a mutually agreed location in New York, New York, for the purpose of determining whether they can resolve the dispute themselves by written agreement, and, if not, whether they can agree upon an impartial third-party arbitrator (the "Arbitrator") to whom to submit the matter in dispute for final and binding arbitration.
If such Parties fail to resolve the dispute by written agreement or agree on the Arbitrator within the later of fourteen (14) days from any such initial meeting or within thirty (30) days from the delivery of the Dispute Notice, any such Party may make written application to the Judicial Arbitration and Mediation Services ("JAMS") in New York City, New York for the appointment of a single Arbitrator to resolve the dispute by arbitration. At the request of JAMS the Parties involved in the dispute shall meet with JAMS at its offices within ten (10) calendar days of such request to discuss the dispute and the qualifications and experience which each Party respectively believes the Arbitrator should have; provided, however, that the selection of the Arbitrator shall be the exclusive decision of JAMS and shall be made within thirty (30) days of the written application to JAMS.
Within thirty (30) days of the selection of the Arbitrator, the Parties involved in the dispute shall meet in New York City, New York, with such Arbitrator at a place and time designated by such Arbitrator after consultation with such Parties and present their respective positions on the dispute. Each Party shall have no longer than one (1) day to present its position, the entire proceeding before the Arbitrator shall be no more than three (3) consecutive days, and the decision of the Arbitrator shall be made in writing no more than thirty (30) days following the end of the proceeding. Such an award shall be a final and binding determination of the dispute and shall be fully enforceable as an arbitration decision in any court having jurisdiction and venue over such parties. The prevailing Party or Parties (as determined by the Arbitrator) shall in addition be awarded by the Arbitrator such Party’s or Parties’ own legal fees and expenses in connection with such proceeding. The non-prevailing Party or Parties (as determined by the Arbitrator) shall pay the Arbitrator’s fees and expenses.
Holdovers. For each calendar day that any Visitor remains at the Property beyond the Occupancy Period (including the final day of the Occupancy Period, after Check-Out Time), the Guest agrees to pay additional fees equal to the daily Reservation Fee for the Property, multiplied two (2) (the "Holdover Fees") and authorizes the Member or Marquis to charge Holdover Fees to the Reservation Card.
Force Majeure. Neither Member nor Marquis shall be liable for any default or delay in the performance of its responsibilities under the Agreement if and to the extent such default or delay is caused, directly or indirectly, by fire, flood, hurricane, earthquake, ocean phenomena, drought, elements of nature or acts of God, riots, strikes, civil disorders, quarantine restrictions, epidemics, pandemics, or any other cause beyond the reasonable control of such party ("Force Majeure"). If it appears that the Force Majeure will prevent or result in a delay in a Guest, acting reasonably, from having normal use of the Property or will prevent the Member from performing its obligations under this Agreement, all payments for any unused portion of the rental will be refunded to Guest.
Keys. Guest will be provided with either an access code for the Property, or one or more keys to the Property. Upon conclusion of the Occupancy period, Guest shall return any keys as instructed in the House Policies. Costs to replace lost keys will be treated as Property Damages, in accordance with Section 6(d).
Reservation Cancellation. The Parties acknowledge and agree that upon reasonable determination by Marquis, in its sole discretion, that Member will be unable to satisfy its obligations arising in connection with a Reservation, Marquis may terminate any such Reservation (a "Marquis Termination"). In the event of a Marquis Termination, Guests will receive a full refund of paid Fees and Member and Marquis will be released of all obligations to Guest, inclusive of the obligation to find a replacement Property or Reservation.
Insurance. Member makes no representation as to the existence, or lack thereof, of any insurance policy tied to use of the Property by the Member or the Visitors.
Alterations. Guest shall make no changes or alterations to the Property without the prior written consent of the Member, which consent may be withheld in the Member’s sole discretion. Should Member consent to any changes or alterations, the product of such changes or alterations shall inure to the benefit, and become the property of the Member, to the exclusion of the Guest and the Visitors.
Property Configuration. Member may reconfigure the Property at any time prior to the Occupancy Period, so long as such reconfiguration has no impact on the Occupancy Amount.
Assignment. The Guest may not assign or transfer any of its rights or obligations arising hereunder to any third party without the prior written consent of the Member. The Member may assign or transfer any of its right or obligations arising hereunder to any third party acquiring the Property or any interest therein. Breach of this Section 10(f) by the Guest may, at the sole discretion of the Member, constitute an Early Termination, and any such unauthorized assignment or transfer shall be considered null and void.
Right to Inspection. Member, and its authorized representatives, shall be entitled to enter the Property, at reasonable times, for the purpose of inspecting the Property and making necessary repairs, with or without notice to the Visitors.
Signage. Member may maintain signage at the Property, relating to the Property, and no Visitor shall interfere in any way, shape or form with such signage. Breach of this Section 10(g) by any Visitor may, at the sole discretion of the Member, constitute an Early Termination.
Abandonment. Abandonment of the Property for more than seven (7) consecutive days, or any other period that, considering the surrounding circumstances would cause a reasonable person to presume that the Property was abandoned, during the Occupancy Period may, at the sole discretion of the Member, constitute an Early Termination.
No Landlord-Tenant Relationship. Nothing herein shall be interpreted as to establish a landlord-tenant relationship between the Guest and either Marquis or the Member.
Opportunity to Review. Guest acknowledges that Guest has been provided opportunity to review and ask questions pertaining to this Agreement, which is fundamental to the understanding between the Guest and the Member, and that failure of Guest to either review or ask questions pertaining to this Agreement is a decision made by Guest at its own risk.
Severability. The invalidity of any portion of this Agreement shall not affect the validity, force or effect of the remaining portions of this Agreement. If it is ever held that any restriction hereunder is too broad to permit enforcement of such restriction to its fullest extent, each Party agrees that a court of competent jurisdiction may enforce such restriction to the maximum extent permitted by law, and each party hereby consents and agrees that such scope may be judicially modified accordingly in any proceeding brought to enforce such restriction.
Headings. The section and paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Governing Law. This Agreement shall be governed by and construed in accordance with, the laws of the State of New York, without reference to choice of law principles, including matters of construction, validity and performance. Venue for any dispute arising in connection with this Agreement shall be the state or federal courts in New York County, New York.
Amendment. This Agreement may be amended, modified or supplemented only by a written agreement signed by all the Parties hereto.
Waiver. The failure of either Party at any time to require performance by the other party of any provision hereof shall in no way affect the full right to require such performance at any time thereafter. Nor shall the waiver by either Party of a breach of any provision hereof be a waiver of any succeeding breach of the same or any other such provisions or be a waiver of the provision itself.
You have confirmed.