TERMS AND CONDITIONS
1. AGREEMENT BETWEEN GUEST AND MYSUITES INC. NEW YORK
Welcome to the MYSUITES.NET website (the “Website”). This Website is provided solely for the purpose of providing information, securing and making payment for accommodations and or rentals in a particular locale, and for no other purposes. The terms “we,” “us” and “our” refer to Mysuites Inc. The term “you” refers to the Guest utilizing, visiting, or accessing the Website and/or booking a reservation or rental through us.
Use of this Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth herein (collectively, the “Agreement” or “Terms and Conditions”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully and 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. Under NO circumstances this agreement is made in reference with a specific or named suite, or with a specific address or location of the the apartment or hotel disclosed on the web site or suggest by the company and not on the web site.When using particular services on the Website, you are subject to any posted policies or rules applicable to such services. All such policies or rules are hereby incorporated into this Agreement.
2. USE OF THE WEBSITE
3. NATURE OF RENTAL
a. We rent fully furnished serviced apartments for a period of intended occupancy required by the NYS law. Under No circumstances we operating as a hotel. We offer optional services, not included in the rents quoted such as, maid, driver and catering services. A full list of optional services and the applicable fees will provided to you on request. The apartments are rented in AS-IS condition, but not limited to those disclosed on the website.
b. The Guest will be responsible for any damage which they, a member of their party or any other invitee may cause to the apartment.
c. The Guests shall be responsible to inspect the suite or apartment upon check in and bring any issues or problems to the attention of mysuites within four hours of check in, or as soon as may be reasonable under the circumstances. mysuites will use its best efforts to resolve any problems or issues arising during your stay as soon as possible.
d. MySuites is an online booking company and we do not provide viewings of the properties,. However, viewings may be arranged when the Suites are vacant – i.e. between bookings – to avoid disturbing current guests.
4. Nature of Hotel booking.
a. We are a booking agent and will book your stay with one of our participating luxury hotels on your behalf. There is no 30 day minimum stay on hotel bookings. Your hotel room can be booked alone, or with offered concierge services for a luxury package.
b. We are an independent booking agent and do not act as the agent or employee of our participating hotels, nor do the hotels have the authority to represent Mysuites in any respect.
5. Nature of Concierge Service.
a. In order to make your trip more enjoyable we offer certain optional concierge services such as a personal chef, maid, driver, trainer, shopper, massage, spa and catering 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 Mysuites. We will be happy to assist you with any issue which may arise with respect to fees or scheduling with the concierge service providers, we will not however warrant your satisfaction with the services provided.
6. booking on the internet.
You acknowledge that any information, photos and depictions of the apartments, lofts or suites on www.mysuites.net is proprietary in nature and is the property of Mysuites and may not be used by the Guest, or any other person for any purpose what so ever without our prior written consent. Descriptions and information about the rentals reflect conditions at the time the photographs were taken or the descriptions or information obtained. Although, we try to keep our information as current as possible, the information is subject to errors, omissions, change of price or conditions, or withdrawal without notice. We retain the right to modify the decor of the suites at anytime with or without notice. Please note that prices as disclosed on line are for convenience and don’t have contractual effect. You are bound to the price specified in the Mysuites offer which you accepted.
7. prohibited Activities.
The content of this website including software, photos, depictions, pricing, availability and booking information is proprietary to mysuites and except for the making of limited copies of itineraries, may not be copied, downloaded, modified , distributed or displayed for any purpose, without our prior consent. You shall not use this website for any commercial purpose, shall not copy or utilize any content from this website, shall not use this site for the making of fraudulent reservations or bookings. Further, you agree that you shall not use this website to transmit, libelous, defamatory, indecent, pornographic material or information, information calculated to harm another person or their reputation, information which encourages violation of the law, or information which contains any type of computer virus, worm, trojan horse, cookies or tracking device of any nature.
8. User account.
You are responsible for all activities that occur under your account with us. You agree to protect and safeguard your password and account information against unauthorized use. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session. You agree that you will be solely responsible for any loss or damage arising from your failure to comply with this Agreement.
9.Local and international laws.
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, as well as all laws relating to accommodations and the use thereof in the jurisdiction where located.
10. Payment, Booking, Fees and Security deposit and rate policy.
A. You understand and you agree that Mysuites is an online reservation service and that all reservations and contact will be made by email. Your Booking constitutes an agreement, and you agree to be bound to the Terms and Conditions set forth herein and, your Reservation Offer, Reservation Form and email confirming clearance of your Booking Deposit constitute your proof of purchase and receipts.
By accessing the MySuites web site, or by simply making an inquiry directly to our firstname.lastname@example.org, you agree that the information set forth in the MySuites web site overrides any another posts, images, information or claims made by any third parties, agents or paid advertising on web sites.
B.1 Booking Deposit: up to 30% of your balance, or flat amount of $520 for online booking) is due upon submission of the credit card, by email, by phone or text message. All credit card payments are subject to a surcharge of 4 % of the amount charged, as a convenience fee. We do not accept debit card or pre-paid credit cards at the time of booking.
B.2 The balance of the booking is due at least eight days (8) before check in, and you agree it will to be billed on the credit card on file with Mysuites at least eight (8) days before arrival. It will be refunded at check in when you will pay the total amount of rent by traveler’s checks, cash, or certified bank check ( no personal checks accepted);
Should the credit card we have on file be declined in the eight (8) days prior to your arrival, we will charge a $50 fee and your reservation will be suspended. In this event You will remain responsible for all cancellation fees that might apply and you authorize Mysuites to pursue any and all remedies available to collect sums owed, including billing any credit card which you may have on file with us.
B.3 Security deposit: MySuites will bill $500 as a refundable security deposit. MySuites, can decide to may bill the refundable security deposit for the full amount of balance due at any time,and at its solely discretion. The deposit will be refunded 24 hours after check out or upon clearance of the payment check, which ever is later, unless Mysuites determines that it is necessary to make a claim for damages against the deposit.The security deposit will be returned only on the credit card it was charged to, no other means of refund will be considered in case the guest decide to close that credit card account.
B.4 In the event that Mysuites must spend money to return the apartment to its condition immediately prior to your arrival, including but not limited to physical damage to the apartment or its contents, and loss or conversion of the apartment or its contents, Mysuites will determine the cost of repair and refund the balance of the deposit within seven (7) days from check out or clearance of the payment check, whichever is later.
Your liability for damage caused to the rented apartment or suite by you, your guests, or invitees is not limited to the amount of the security deposited hereunder. You understand and agree that Mysuites shall inspect the suites within 24 hours after your check out, and any damages or additional fees due to extra cleaning will be deducted automatically from your security deposit; Damages include stains on the floor, bedding, towels and sofas.
You agree to be fully responsible for any damage caused to the rented suite, apartment or their contents or building in which they are located, by yourself, members of your party or by any of your invitees.
B.5 late check out: in case you over hold the suites apartment 12 hours beyond the check out date on the original invoice, you authorize Mysuites to bill $500 per each night on top of the cost of each additional nights and you agree that this amount is reasonable, no other request will be accepted.
B.5 payment fees: All payments or fees charged by third-party payment service providers such as Paypal, banks shall be borne by the Guests, unless otherwise stated herein. All fees and/or charges by banks on refunds of international transactions, due to variations in exchange rate or any other fees overseas banks might apply shall be incurred by the guests.
C. SERVICES MADE TO ORDER
You also understand that all fees, and services disclosed on line for services such as including but not limited to concierge , driver, or maid service, late check out or early check in, but not limited to those, are not included in the rental rates, and they will be billed to your account at time of the booking. The amount charge billed for such services will be such fee as may be disclosed on determined by the Mysuites web site at the time of the billing. You also understand and agree that there is no refund , without no exceptions, on those concierge services booked;
D. ADDITIONAL FEES THAT MIGHT APPLY
You agree and you authorize Mysuites to charge your credit card on file at anytime for additional fees such as but not limited to:
Delayed Check-in (Per Hour) $15
Late Check-in (Between 9:00 pm and 11:00 pm) $25
Late Check-in (Between 11:00 pm to 1:00 am ) $50
Early Check-in (Between 6:00 am and 9:00 am) $100
Early Check-in (Between 9:00 am and 12:00 pm) $70
Early Check-in (Between 12:00 pm and 12:00 pm) $50
Late Check-out (Between 12:00pm and 5pm) $50
Late Check-out (Between 5:00pm and 8:00 pm) $80
Smoking Fee $180
Additional Final Cleaning $60
Pet Suite Cleaning $120 (each)
Lost Keys $90
Late Return Keys $35
Trash Pick-up $25 (Departure)
Towels or Bedding Stained $35
Mail Delivery $25 or $50 3+ Packages
Call Out Manager $25 after 9:00 pm $50
Declined Credit Card $50.
Failure to Check Out on Departure Date: $500 night
E. RATES POLICY
all rates include all taxes and one regular final cleaning.All rates quoted on this web site or any offer made by MySuites are intended for an occupancy of 2 ( two ) persons only.
Best suite available rates or Discounted rates: include all taxes and one regular final cleaning. All other services, such as concierge, check in manger on call, fitness are excluded. Although Mysuites will do every effort to provide you with your suite of preference, a substitution of suite can happen one (1) time during your stay, at anytime, and Mysuites shall notify you at least 24 hours before. Should MySuites book an Hotel for the first or last night all costs of room and taxes will be incurred by MySuites. The company can offer alternative accommodation, such as suites of the same standard not listed on the web site,at its solely discretion, in case of overbooking or emergencies.
Guarantee suite of choice or Full rate: all taxes and one regular cleaning included. The rate include a guarantee suite of choice and a basic concierge service or check in manager on call during the stay.
F.DISPUTE WITH CREDIT CARDS COMPANIES
In the event of any dispute with the credit card company over services, , fees, damages, booking fees or cancellation fees or balance of the amount due you authorize Mysuites to bill an additional $500 fee to any credit card cards on file, at the time the charge back is received by Mysuites to defray its additional administrative and/ or legal costs. You also agree to be billed any fees that credit card companies may charge to Mysuites in order to dispute your charge back, and you agree that the charge of $500 as financial waiver per each charge back is reasonable.
Should your credit card be declined at this point, you will authorize Mysuites to add the $500 into additional legal fees that will be assessed against you in connection with any legal proceeding commenced,( including the cost of seizing the money in case of a favorable judgement in court to Mysuites), and agree that such fee is reasonable.
This fee of $500 will be refunded by Mysuites should the judgment, by the court, in question, be favorable to you.
11. Cancellation Policy.
If you decide to cancel your reservation:
a. Less than sixteen (16) days prior to the arrival date specified in the Reservation Form you will be charged fifty (50%) of the balance due.
b. Less than eight (8) days prior to the arrival date specified in the Reservation Form you will be charged for the full balance due.
c. If you shorten your stay after check in, no refund will be given, under any kind of circumstances, such as but not limited to, weather conditions, medical reasons or personal reasons.Under no circumstances a cancellation because of change of suite, location or address will entitle you to any kind of refund.
d. If you fail to check in or cancel at check in for what ever reason ( such as but not limited to, weather conditions, medical reasons, personal reasons, or “you don’t like the suite” you will be charged one hundred percent (100%) of the full balance for accommodations and the services booked.
e. If your check in date is delayed, less than seven (7) days before arrival, no refunds will be given.
f. For all reservations made less than five (5) days before arrival, there is no refund under any circumstances. Full Price is due and will be charged directly to your credit card upon booking.
g. The booking deposit is never refundable.
h. If you cancel the reservation made anytime before check in, or anytime after you have checked in, or if you refuse to check in, you will be able to reinstate the reservation at no fees within 24 hours from the cancellation, or refusal to check in, received by email. After 24 hours if you wish to reinstate the reservation cancelled, and check in, we will charge again the credit card on file for the remaining days you wish to reinstate, in addition to the previous balance due. the new reservation will be at the same nightly rate your original reservation was made, and you agree that no other requests will be accepted.
i. You authorize Mysuites to bill your credit , debit or PayPal card on file with us at any time for, the balance due,all cancellations, failure to check in, or delayed check in fees that may be incurred for, all services booked of for damage that may occur during your stay.
12. Mysuites Cancellation or substitution of Suite.
A.In the rare event of a cancellation, made by Mysuites, for any reason beyond our control, (such as construction, suite damaged, inspections, etc.…) we are forced to cancel your reservation Mysuites will refund the booking deposit in full. No others requests will be considered.
B. Substitution of suites at ” Best available suite rate”are within the terms disclosed at #10.E Rate policy
C.In the rare event of a substitution of suite booked at the ” full rate or guarantee suite of choice” MySuites will refund the difference in rate per night and pro rata. No others requests will be considered. In this case you will still be bound by the other terms and conditions of your rental and or reservation agreement, and the same cancellation policy will apply.
D. Mysuites WILL NOT, in any event, be responsible for any Hotel costs, taxes or fees in excess of the amount quoted for the substituted booking or the amount actually paid by you, which ever is less. Substitution of suites apartments, not limited to those disclosed on the web site, can happen at any time, at the company solely discretion.
E. All refunds ( booking deposit, security deposit, cancellations) will be processed within one week from your original check out date, even in the event of Mysuites cancellation of your reservation. All refunds will be processed by third-party payment service providers such as Paypal, and all fees charged shall be borne by the Guest.
13. Bookings made by third party agents.
All bookings made by third parties or thru third parties, such as brokers, travel agencies ( such as, vrbo, home away,roomorama,airbnb, etc, but not limited to ) must comply with and be subject to these Terms and Conditions. In the event of a cancellation or any claim made for damage to the apartment or suite, Mysuites reserves the right to seek indemnification for damage of any nature from the broker or travel agency prior to seeking contribution from the Guest or client.
14. reviews and comments.
We encourage Guests to review their stay and provide us with comments on how we can improve your experience. Any information you submit to us will become the property of Mysuites to be used for any purposes, including marketing and self promotion, which we may desire. We reserve the right to edit and modify any comments which you forward to us, including the right to determine how, when and or if to utilize your comments on our website. You further agree not submit the comments forwarded to us to any other travel or commercial website. You agree to be fully responsible for the content of any comments which you submit to us and to indemnify us from any claim made for infringement, defamation, breach of contract or any other claim of any nature.
15. use of the suites.
You agree that the rented suite shall be used for residential purposes only. You represent that you and the members of your party will at all times conduct yourselves in a civil, prudent and law abiding manner, without disturbing the other residents of the building in which the suite is located. You acknowledge that a breach of this provision will cause immediate and irreparable harm to Mysuites. Accordingly, in the event of a material violation of this provision, you agree to immediately vacate the suite upon notice, and you will not be entitled to a refunded of sums paid. You also agree that you are responsible for the good conduct of all persons in your party who will occupy the suite and are also responsible for any damages or loss to the suite that may occur during this stay. Your liability for facts or improper conduct in the use of the suites during your dates of stay can be claimed by MySuites at anytime, and a claim against your security deposit, but not limited to, can be made at anytime. See Paragraph 10 for additional information on damage and Security Deposits.
16. General provisions.
(a) This Agreement and the relationship between you and MYSUITES shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and MYSUITES 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 MYSUITES 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 Mysuites shall commence an action or proceeding against you to enforce its rights pursuant to the Terms and Conditions or defend itself in case of a dispute with respect to any other agreement that you may have with Mysuites, you or anybody acting on your behalf agree to reimburse Mysuites for its reasonable legal fees, plus other costs as may be set forth herein.
(f)You also understand that although mysuites will do everything possible to deliver the best services possible, temporary situations of inconvenience at the suites, or Hotel can happen: such as, no internet access,no hot water,no heating, noise emanating from other units or from AC units, minor leaks, but not limited to those.
Mysuites will attempt to resolve the situation as soon as possible, however no refund of any kind will be given for such inconveniences if you are booked under a discounted rate, or economy rate. Bookings at full or deluxe rate will be evaluate case by case for any inconvenience caused.
(g) in the event you should post a negative review or comment concerning mysuites, that for any reasons mysuites consider it a breach to these terms and conditions, mysuites shall exercise any remedies available to it to protect its reputation, including an action in defamation, if appropriate.
In the event of any dispute with the credit card company, over services, fees, booking fees, cancellation fees or balance of the amount due, you authorize mysuites to bill an additional $500 at the same time the charge back is received by mysuites to defray additional administrative and legal costs.
Should your credit card be declined at this point, you will authorize mysuites to add the $500 into additional legal fees that will be assessed against you in connection with any legal proceeding commenced,( including the cost of seizing the money in case of a favorable judgement in court to mysuites), and agree that such fee is reasonable.
This fee of $500 will be refunded by mysuites should the judgment in question be favorable to you.