AGREEMENT BETWEEN CUSTOMER AND DA VINCI HOTEL CORP.
This Website is provided solely to assist customers in gathering travel
information, determining the availability of travel-related goods and
services, making legitimate reservations, and for no other purposes. The
terms "we", "us", "our" and "Da Vinci Hotel" refer to Da Vinci Hotel
Corp., a New York corporation. The term "you" refers to the customer
visiting the davincihotel.com Website and/or booking a reservation on
this Website, or through our customer service representatives.
This Website is offered to you conditioned upon your acceptance without
modification of all the terms, conditions, and notices set forth below
(collectively, the "Agreement"). By accessing or using this Website in
any manner, you agree to be bound by the Agreement. Please read the
Agreement carefully. If you do not accept all of these terms and
conditions, please do not use this Website. Be sure to return to this
page periodically to review the most current version of the Agreement.
We reserve the right at any time, at our sole discretion, to change or
otherwise modify the Agreement without prior notice, and your continued
access or use of this Website signifies your acceptance of the updated
or modified Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (1) you are
at least 18 years of age; (2) you possess the legal authority to create
a binding legal obligation; (3) you will use this Website in accordance
with this Agreement; (4) you will only use this Website to make
legitimate reservations for you or for another person for whom you are
legally authorized to act; (5) you will inform such other persons about
the terms and conditions that apply to the reservations you have made on
their behalf, including all rules and restrictions applicable thereto;
(6) all information supplied by you on this Website is true, accurate,
current and complete. We retain the right at our sole discretion to deny
access to anyone to this Website and the services we offer, at any time
and for any reason, including, but not limited to, for violation of this
Agreement.
HOTEL POLICIES
Cancellations are accepted without penalty up to 7 days before arrival
day. Cancellations within the 7 day cancellation policy are subject to a
one night’s penalty. Cancellations on the day of arrival are charged at
full amount. No refunds. Please be aware that anyone attempting to
modify his or her reservation by making it shorter or by moving it to
another date within the 7-day cancellation period will be considered a
cancellation. For cancellation and change purposes, check-in/arrival
date is considered to be 12:01am Eastern Standard Time of the day on
which you are scheduled to check in to your hotel.
No Shows are charged at full amount. No refunds. Rooms will be held
until noon of the day after arrival date unless guest directly
communicates his/her wishes for a later check-in date. Room nights not
consumed are non-refundable.
Early check outs are charged at full amount. No refunds. In case of true
emergency no penalty will be assessed by the hotel. (Proof required) Any
change made within the 7 day cancellation period is subject to a one
night’s penalty. Any change made on the day of arrival or during the
stay, the full length of stay will be charged. No refunds.
AIRLINE DELAYS/CANCELLATIONS: No refund will be issued for unused
night(s) unless we are able to resell the room. Please consider travel
insurance.
EXTRA CHARGES: Since quantities are limited and impossible to guarantee,
if a request is possible to fulfill the extra charges are: Rollaway bed
is $30/night. Room upgrade is $50/night.
LIABILITY DISCLAIMER
IN NO EVENT SHALL DA VINCI HOTEL CORP. BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF
OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY
OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER
VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES
OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS
TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF
NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
INDEMNIFICATION
You agree to defend and indemnify Da Vinci Hotel Corp. and any of their
officers, directors, employees and agents from and against any claims,
causes of action, demands, recoveries, losses, damages, fines, penalties
or other costs or expenses of any kind or nature including but not
limited to reasonable legal and accounting fees, brought by third
parties as a result of: (a) your breach of this Agreement or the
documents referenced herein;(b) your violation of any law or the rights
of a third party; or (c) your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties
other than Da Vinci Hotel Corp.. Such hyperlinks are provided for your
reference only. We do not control such websites and are not responsible
for their contents or the privacy or other practices of such websites.
Further, it is up to you to take precautions to ensure that whatever
links you select or software you download (whether from this Website or
other websites) is free of such items as viruses, worms, trojan horses,
defects and other items of a destructive nature. Our inclusion of
hyperlinks to such websites does not imply any endorsement of the
material on such websites or any association with their operators.
GENERAL
This Website is operated by a U.S. entity and this Agreement is governed
by the laws of the State of New York, USA. You hereby consent to the
exclusive jurisdiction and venue of courts in New York County, New York,
USA, in all disputes arising out of or relating to the use of this
Website. Use of this Website is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions,
including, without limitation, this paragraph.
Our performance of this Agreement is subject to existing laws and legal
process, and nothing contained in this Agreement limits our right to
comply with law enforcement or other governmental or legal requests or
requirements relating to your use of this Website or information
provided to or gathered by us with respect to such use. To the extent
allowed by applicable law, you agree that you will bring any claim or
cause of action arising from or relating to your access or use of this
Website within two (2) years from the date on which such claim or action
arose or accrued or such claim or cause of action will be irrevocably
waived.
If any part of this Agreement is found to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the
remaining provisions will not in any way be affected or impaired.
This Agreement (and any other terms and conditions referenced herein)
constitutes the entire agreement between you and Da Vinci Hotel Corp.
with respect to this Website and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral,
or written, between the customer and Da Vinci Hotel Corp. with respect
to this Website. A printed version of this Agreement and of any notice
given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to
the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
Any rights not expressly granted herein are reserved. |
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