TERMS & CONDITIONS - FIRMDALE HOTELS
The following terms and conditions relate to all bookings made with the Company through this website for our hotels in New York, U.S.A.
1. The meaning of some words used in these terms and conditions:
‘we’, ‘us’ or ‘our’
is a reference to Firmdale Holdings (USA), Inc., having our office at 79 Crosby Street, New York, New York 10012, or any of its affiliates that may own and/or operate the Hotel.
‘you’ or ‘your’
is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide;
means any of our accommodation or other services;
means the booking of any Services provided to you by us;
means the hotel in respect of which your Booking is made;
is a reference to both us and you; and
means our website www.firmdalehotels.com
2. Entering into a Legally Binding Contract. A legally binding contract between us and you will come into being once we have accepted your Booking and sent you an email or any other form of communication confirming such acceptance (“Booking Confirmation”).
3. Price and Payment
3.1 The amount shown on our Website at the time you make your Booking and that is set out in our Booking Confirmation is the amount you will be charged when you check into the Hotel.
3.2 When making your Booking you must give details of a current, valid credit or debit card. If you are using an American Express card, a PIN number will be required.
3.3 Prepayment for your Booking and incidentals will be taken when you check into the Hotel. A refund will be given in respect of incidentals paid for but not used or taken advantage of at the time you check out of the Hotel.
3.4 We will also take details of a current, valid credit or debit card (or PIN number if you are using an American Express card) when you check into the Hotel which we reserve the right to charge on any failure to pay on your part. This card may be the same as or a different one to that used when making your Booking as mentioned above.
3.5 All amounts stated are inclusive of all taxes, which will be added at the rate currently in force, but are not inclusive of gratuities.
4. Cancellation by You; Late Arrival Policy
4.1 If you wish to cancel or change your Booking you must do so by sending us an email or by directly calling the Hotel. Please note cancellations or changes are not permitted on any “ADVANCED PURCHASE” Bookings because a full, non-refundable deposit is taken at the time of the Booking.
4.2 Cancellations or changes to your Booking must be made by 12 noon (U.S.A. EST) 24 hours ahead of arrival to avoid a one night accommodation charge.
4.3 Except for Bookings of accommodations designated as Signature Suites, if you cancel or change your Booking after 12 noon (U.S.A. EST) 24 hours ahead of the arrival date as set out in your Booking or, subject to clause 4.3, you do not check into the Hotel in accordance with your Booking, a one night accommodation charge will be made to the credit or debit card, details of which were given at the time of your Booking. Such one night charge will apply to Signature Suites where the cancellation or change is made after 7 New York days ahead of the Booking arrival date.
4.4 Except as otherwise agreed in writing between us, if you check in more than 24 hours after 12 noon (U.S.A. EST) of the day following your Booking’s scheduled arrival day, then you will be considered a walk-in guest subject to room availability and to that day’s quoted walk-in rates.
5. Cancellation Due to Uncontrollable Events. We will not be liable beyond any refund of payment made for unused days if we cancel your Booking, or prematurely end your occupancy, due to an event outside our reasonable control affecting the Hotel. This shall include, among other uncontrollable events, government intervention, war, civil commotion, fire, flood, accident, storm, strike or work stoppage or slowdown, terrorist attack, and health risk. Your cancellation or premature vacating due to such an uncontrollable event affecting you rather than the Hotel will not entitle you to any refund.
6. Exclusion and Limitation of Liability
Except to the extent of New York statutorily prescribed liabilities applicable to clause 6.1, 6.2, or 6.3:
6.1 We will only be liable for any loss, injury or other harm to person or property suffered by you which was reasonably foreseeable and directly caused by our breach of this contract or by our gross negligence or willful misconduct, and all other liability is disclaimed by us; and
6.2 Other than in the case of gross negligence or willful misconduct, (i) we disclaim all liability for loss by you of any personal or other item in the Hotel, and (ii) we limit any liability to you for any claim whatsoever to the price you paid in respect of the Booking; and
6.3 We will not under any circumstance be liable for any consequential, special or incidental damages. By way of example, in the event any claim relates to your business activities, then we disclaim all liability for any business loss and, in particular, all liability for loss of profits, revenues or value or other economic loss.
Regarding clauses 6.1, 6.2 and 6.3, where there is an applicable New York statutorily prescribed maximum liability, our liability will be the lesser of that maximum or the price paid by you in respect of the Booking.
7. Contacting Each Other. Written communication to our street address needs to be sent to 79 Crosby Street, New York, New York 10012. For written communications to your address, we will use the address you have given in your Booking.
8. Behavior and Conduct; Non-discrimination
8.1 Reasonable behavior is expected at all times; unreasonable behavior will not be tolerated (including disrespectful treatment of cleaning, service and other Hotel staff). Management reserves the right to cancel your Booking at any time if any person or group, in the opinion of management, behaves in an objectionable manner or contravenes the terms and conditions of this contract, any other document agreed by you, or any regulation posted in the Hotel, and there will be no refunds made for payments already received.
8.2 The Hotel honors all applicable non-discrimination and other civil rights laws in its operations and the treatment of guests.
9. Damage. You will be charged for any damage caused by you or people in your Booking or by your or their invitees to any Hotel property and for any additional cleaning required as a result of your or their actions during your stay at the Hotel.
10. Use of the Website. The use of the Website is restricted to people over the age of 18. Persons under the age of 18 may not check into the Hotel unaccompanied by a person on the Booking who is at least 18 years of age.
11. Exchange Rate. All rates quoted on our Website or otherwise and confirmed in non-U.S.A. currencies will be converted to U.S. Dollars by the Hotel at the time of payment, based on the then current, publicly quoted exchange rate in the U.S. applied by the Hotel. The same exchange rate originally used will be used if a refund in respect of incidentals is required when you check out of the Hotel.
12. Group Bookings. A maximum of 4 rooms may be booked online. Reservations for 5 to 9 rooms require prior approval from the Hotel; please contact the Reservations team. To book 10 or more rooms please contact the Sales team using the following: email@example.com.
13. Smoking and Pet Policies
13.1 Smoking is not permitted in the guest rooms or internal public areas of the Hotel. If you or anyone occupying with you, or your or their invitees, smoke in your rooms, you will be charged under paragraph 9 the equivalent to the price of one night’s stay in the room set out in your Booking.
13.2 Service animals are permitted in each instance where required under applicable federal, state or municipal law. Otherwise pets are permitted only in the sole unfettered discretion of the Hotel as evidenced by written approval and by signing the Hotel’s then current form of disclaimer.
14. Law and Jurisdiction. This contract shall be governed and construed by the internal law of New York without reference to other jurisdictions’ laws, and you and we submit to the jurisdiction of federal and state courts in New York County as to all matters between us.