Nonrefundable: By submitting your booking request, you acknowledge and agree that your request, once confirmed by us in which case payment will be processed, are 100% nonrefundable.
Consent and Authorization: I understand and consent to the use of the credit card provided without the original signature on the charge slip, that by "clicking" that I have read the terms and conditions of this property, that I am bound by those terms and conditions, and I have signed "electronically," and that this credit card authorization cannot be revoked and will not terminate until 30 days after the rented premises are vacated. Charges authorized by me include but are not limited to: rental fees, cleaning and maintenance fees, taxes, credit card fees (no less than 4% of the total payment processed), cancellation fees, damage charges, excessive cleaning charges, administrative charges, unauthorized streaming, cable, satellite TV (including but not limited to Netflix and the like) or internet charges not included in the booking. "Premises" shall include, but not be limited to, the individual unit(s) booked by me as well as all common areas at 128 Grand Avenue, Johnson City, NY 13790.
Damage Deposit Hold: I understand and consent that the owner shall be authorized to put a credit hold in an amount determined by the owner, but in no instance less than one thousand and 00/100 dollars ($1,000.00), to cover any of the charges for damages (including excessive cleaning) to the premises. The credit hold shall be released by the owner by no later than fourteen (14) days, minus any charges (if any) detailed to me specifying the nature and amount of the charge(s).
Damage to Household Items: As your booking includes routine household items in our Welcome Package, including:
BEDROOMS: Sheets, Comforters, Waterproof Mattress Protectors, Night Lamps, Iron/Ironing Board (one per unit), and Hair Dryer (one per unit).
BATHROOMS: Shower Curtains, Shower Mats, Towels, Trash Cans, and Mop/Bucket.
KITCHEN: Pots and Pans, Dishes, Coffee Mug Set, Drinking Glass Set, Silverware, Baking Set, Cooking Utensil Set, Knives/Cutting Board, Coffee Machine, Hot Water Kettle, Toaster, and Trash Cans.
Please note that damage to these items will be charged at the replacement cost to purchase a similar new item (or set if unavailable for single-item purchase) as the one damaged.
Reliance: I understand and consent that the owner relies on my consent and authorization in order to proceed with my booking, i.e., that without my consent and authorization to these "Terms and Conditions," the owner would reject my booking request.
Liability Waiver and Release: Guest has booked a unit at 128 Grand Avenue, Johnson City, NY 13790 (the “Grand Monarch”); and Host provides as certain amenities in the outside areas of the Premises, i.e., an outdoor deck and barbecue pit area adjacent to the parking lot of the Premises (the “Outside Amenities Center”), as well as certain amenities in the basement of the Premises, i.e., a fitness area, a lounge area, a game room area, and a copy room (the “Inside Amenities Center”) (collectively, “Amenities Center”);
Host and Guest acknowledge and agree to the following terms and conditions, and waiver and release by Guest of Host, and that the use of the Amenities Center without strict adherence to the terms and conditions stated herein is prohibited:
1) Guest includes the undersigned signatory and any person under the guardianship, invitee, guest, or the like, of the undersigned Guest.
2) Host and Guest acknowledge and agree that use of the Amenities Center does not fall within the purview of New York General Obligation Law § 5-326 prohibiting liability waivers of owners that receive a fee or other compensation for the use of any gymnasium, other recreational facility, or any other services stated therein.
3) Guest acknowledges and agrees that he or she will be using the Amenities Center of their own volition and their own risk, and unconditionally waives any claim against Host and unconditionally releases Host from any such claim whatsoever, arising from or relating to the use by Guest of the Amenities Center.
4) The risks included in the subsection above include, but are not limited to, exposure to Covid-19 or any other infection, disease, virus, etc. during Guest’s use of the Amenities Center, and any injury or damages whatsoever arising from or relating to such exposure. Guest agrees to follow any pertinent guidelines mandated or recommended by any relevant governing authority, including but not limited to those promulgated by Host, to mitigate the risk of any exposures stated herein.
5) This Agreement shall not waive or release Host from any claim of Host’s gross negligence.
6) Guest shall indemnify Host against any claims described herein brought on behalf of Guest, or the guests or invitees of, or other persons associated with, Guest, including attorney’s fees and any other legal costs borne by Host defending against any such claims.
Host and Guest acknowledge and agree that this liability waiver and release is supported by sufficient and adequate consideration and is fully valid and enforceable. To the extent any provision herein is found to be unenforceable by any court of law or other adjudication, Host and Guest agree that the remaining provisions of this Agreement shall be fully enforceable and valid, and that it is the intent of the parties that this Agreement shall be revised to include all the terms and conditions stated herein, excepting any provision found unenforceable.
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