Section (a) Website Usage
- The Park Ave North (hereinafter referred to as the COMPANY), is a trade name of 129 N, LLC. The user of this site (herein referred to as the Site) is hereinafter referred to as the USER.
- The USER's access to and use of the Site is subject to the following terms and conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other oral agreements between the USER and the COMPANY are superseded and of no force or effect. In the event of any conflict between the Terms and Conditions and any provision of a written agreement between USER and COMPANY, the provision of Terms and Conditions shall take precedence.
- The USER should assume that everything the USER sees or reads on the Site is copyrighted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of the COMPANY unless otherwise noted. The COMPANY neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with the COMPANY and the Company will in no way indemnify User for any claims against User relating to its use of materials displayed on the Site.
- The COMPANY hopes that the USER will find this Web site to be useful and reliable; however, the COMPANY cannot guarantee the following: that the content or other information provided through the service will always be accurate or up-to-date, that any of the functions of the service will always be error-free, although the COMPANY aims to do its best to provide the most accurate information as possible. If the USER sees errors on this website, please contact us right away.
- The USER's use of and browsing in the Site are at the USER's own risk. Neither the COMPANY, any of its agencies, nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of the USER's access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITIED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to the USER. The COMPANY also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect the USER's computer equipment or other property on account of the USER's access to, use of, or browsing in the Site or the USER downloading of any materials, data, text, images, video, or audio from the Site.
- Any communication or material that the USER transmits to the Site by electronic mail or otherwise, excluding personal or credit card information but including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post becomes the property of the COMPANY or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the COMPANY is free to use any ideas, concepts, know-how, or techniques contained in any communication the USER sends to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
- Images of people, places, and products displayed on the Site are either the property of, or used with permission by, the COMPANY. The use of these images by the USER, or anyone else authorized by the USER, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and common law Trademarks of the COMPANY and others. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the COMPANY or such third party that may own the Trademarks displayed on the Site. The USER's use of the Trademarks displayed on the Site, or any other content on the Site, is strictly prohibited. The USER is also advised that the COMPANY will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
- This Web site contains links to other Web sites. The COMPANY is not responsible for the content, privacy practices, or accuracy of opinions expressed in or any other aspects of such Web sites. Such Web sites are not investigated, monitored, or checked for accuracy or completeness by the COMPANY.
- All information contained on the COMPANY's website, has been compiled from up to date details and the COMPANY has taken care to ensure its accuracy. There may however be occasions when an advertised facility is either modified or unavailable. Such situations may be dictated by local circumstances, necessity for maintenance, local construction work, water shortages, adverse weather, fuel shortages, power cuts, and other circumstances beyond the COMPANY's control. If the COMPANY is advised of this, the COMPANY will of course inform the USER as soon as possible, but the COMPANY cannot be held liable in such circumstances.
- Booking on this website may be made through a third party operating company in New York City.
Section (b) Rules and Regulations
All Capitalized Terms Shall Have the Same Meaning as Set Forth in the License Agreement Between Company and Guest
- Check In, Check Out Times and Additional Occupancy Time
Check in time is 3:00 PM and Check out time is 11:00 AM. Not vacating rooms without approval of management will result in a fine of $100 charged directly to the guest’s credit card.
In the event Guest desires to occupy the room before 3:00 p.m. on the Commencement Date, Guest must make a request to do so, and such request must be approved by Company in writing. As a condition of Company’s approval of such request, Guest must pay the sum equal to 50% of one night’s stay to Company on account of Company’s administrative fees in approving the request.
The Company requires a 1 night minimum stay. Same night bookings are accepted. Bookings require a 50% - 100% deposit made by credit card. Final payment of any remaining balance is due in cash at the property at check in. All room rates are subject to a 14.75% and $3.50 per night state and local hotel tax.
- Cancellation policy
- If Guest cancels its reservation more than 21 days before the Commencement Date, the Company will charge a $70 processing fee
- If Guest cancels the reservation 21-14 days before the Commencement Date, the Company will charge a processing fee equal to 30% of the full value of stay.
- If Guest cancels the reservation 14-7 days before the Commencement Date, the Company will charge a processing fee equal to 50% of the full value of the entire stay.
- If Guest cancels the reservation less than 7 days before the Commencement Date, or vacates the room prior to the check out date as indicated on the reservation, the full value of the stay shall be retained by Company as liquidated damages.
If Guest arranged for use of the room through one of Owner's partner sites, in addition to the cancellation policy set forth above, the cancellation policy on the partner's website applies.
- Damage to Property
The Guest understands that he/ she is liable for any and all damages to the property or the equipment in the property during his/her stay. The Guest agrees that his/her credit card will be debited for the full amount of damages caused by the Guest If this damage occurs the Company reserves the right not to furnish any evidence of damage beyond the bill showing the dates of the damage and the amount payable for the repairs. There are no pets and no smoking allowed in the property. The Owner assumes no responsibility for any lost or stolen items of the Guest from the room or the Building. The Guest understands and agrees to this.
- Liability and Safety
The Guest agrees that he or she is 100% liable for his or her own actions and safety while staying in the room and the building – including but not limited to any bodily injuries caused to the Guest (his or her own safety and the safety of other guests, visitors and children staying or visiting the Guest including but not limited to safety around open or closed windows in the building, falls through windows and from fire escapes and any other type of personal injury caused while staying or visiting the Building) , damage to Guest’s own property, damage to property of the Owner (to the room and the equipment located in the room), injury to third parties, damage to the property of third parties, fire safety in the room and other types of damage or injury that may incur during the period of stay. The Owner assumes no liability for any injury caused in any way to the Guest or his or her visitors, other guests or children or any third party during the period that the Guest is staying in the Property. Guest agrees to defend and indemnify Owner for any claims brought against Owner by any third party arising from or related to Guest’s stay at the property, including but not limited to any attorney's fees incurred in the defense of any claims. The Guest is liable for any damage or injury caused by air conditioners resulting from the Guest’s actions. Actions may be but are not limited to, removing air conditioners, installing air conditioners, relocating air conditioners, opening windows from which air conditioners may fall out, etc. The Guest further agrees never to throw, drop or let fall any item from the windows of the apartment. The Guest is liable for any damage or injury resulting from such an incident. The Guest will be liable for any incident caused by the Guest that results in damage to property of third parties inside or outside the territory of the room including but not limited to other parts of the Building, other rooms, the street and surrounding areas of the building. The cost of such damage will be charged to the credit card of the Guest. The Guest understands and agrees to this.
- Room condition
The room is delivered to the Guest in clean condition with clean bedclothes and towels.
- Other Terms and Conditions
- The Guest agrees to keep the premises tidy, not to play loud music or to make loud noise from 8:00 PM until 9:00 AM, to abide by all the laws of the United States, New York State and New York State, to be courteous and polite to the inhabitants of the neighboring rooms. Absolutely NO PARTIES ARE ALLOWED in the room. A breach of any of these rules will result in damages to Company that will be difficult to ascertain, and will therefore be liable to Company for liquidated damages in the amount 1000 USD in addition to the room rate (debited directly from the Guest’s credit card with this policy cited as the basis for the charge), and subject to all other rights and remedies available to Company, including eviction.
- In the event of fire, vandalism or other disturbance, the Guest will immediately notify the Company and/or the proper authorities (fire authorities, police, etc.). In the event of a technical problem (electrical, plumbing, etc.) occurring within the premises, the Guest will notify the Company immediately.
- The Guest agrees not to damage the premises or any equipment, furniture or other fixtures within the premises. In the event that the Guest does damage to the premises, equipment, furniture or other fixtures within the premises, the Guest promises to pay for any damage.
- The Guest agrees to return all keys of the premises to a representative of Company by 11:00 AM on the final day of occupancy, or will be subject to the charges set forth above.
- Claims and Refunds: Refunds are not made for any missed services except for verifiable extenuating circumstances. Please see our Limits on the Company’s Responsibility on this page. For verifiable claims to be considered, they must be received in writing within 30 days of the termination of the program and be accompanied by supporting documentation and/or a statement from the Guest verifying the claim. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. The Company will not accept any liability for any claims that are not received within 30 days of the termination of a travel program. All claims for days missed while traveling should be made in writing within 30 days of the termination of the program.
- Limits on the Company’s Responsibility. The Company, its employees, members, shareholders, officers, directors, successors, agents and assigns (collectively the Company), are not responsible for the personal belongings and valuables of the Guest or invitees of the Guest left in the property arranged for the Guest or invitees of the Guest by the Company. The Guest accepts that he or she is responsible for all of his or her own personal belongings and valuables throughout the stay and will not hold the Company liable in case of theft, loss or damage.
- The Company is not liable for any negligent or willful acts of any person or entity or of any third person. The Guest understands and agrees to this. The Guest also agrees not to seek damages for any reason whatsoever from the Company.
- In addition and without limitation, the Company is not responsible for any injury, loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE GUEST HEREBY WAIVES, DISCLAIMS AND RELEASES THE COMPANY, ITS SUBSIDIARIES, PARENTS AND AFFILIATES, AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, THE GUEST’S ACCESS TO (OR INABILITY TO ACCESS) THIS SITE OR THE USE OF ANY INFORMATION, FEATURES, MATERIAL OR SERVICES CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE COMPANY’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE STRICTLY LIMITED TO THE MINIMUM AMOUNT ALLOWED BY APPLICABLE LAW, AND UNDER NO CIRCUMSTANCES SHALL THE COMPANY’S TOTAL LIABILITY EXCEED FIVE US DOLLARS ($5.00). THIS LIMITATION IS THE COMPANY’S CUMULATIVE TOTAL LIABILITY FOR ANY AND ALL LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THIS SITE, OR ANY INFORMATION OR MATERIALS ACCESSIBLE ON OR FROM THIS SITE.
- Arbitration Agreement: Any controversy or claim arising out of or relating in any way to these Terms and Conditions, to the Responsibility Clause, to the online offerings, or any information relating in any way to the trip, or to the trip itself, shall be settled solely and exclusively by binding arbitration in New York City, in accordance with the rules of the American Arbitration Association, to be heard by a single Arbitrator. The Guest shall defend and indemnify the Company and any Service Providers and their respective parents, subsidiaries, affiliates and each of their members, officers, directors, employees and agents from and against any claim, cause of action or demand (including reasonable legal and accounting fees) brought by the Guest or a third party as a result of the Guest’s use of this site or the Guest’s use of any services offered on this site.
- Payment. The Company accepts all major credit cards, bank transfers and money orders. Payments for all services must be made in accordance with the terms above.
- Errors. The Company cannot be held responsible for any costs incurred as a result of incorrect dates or data input by the Guest. It is the Guest’s sole responsibility to supply the correct dates and information for all services requested.
- Passports and Visas. Passports and visa are the Guest’s sole responsibility.
- PAYMENT OF THE COMPANY’S SERVICES CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT. By checking acceptance in the Terms and Conditions check box on the applicable payment page of this Site, the Guest accepts these Terms and Conditions and authorizes the Company to charge the Guest’s credit card for the payment amount indicated on the payment webpage of this Site or charge the payment amount indicated in a credit card authorization form presented by the Company to the Guest. The Guest agrees that placing a check in the check box on the payment page can and will be used by both the Guest and the Company in lieu of the Guest’s physical signature and that placement of the check in the check box will hold the Guest responsible for the fulfillment of his or her responsibilities under these Terms and Conditions. An electronic copy of the Guest’s acceptance of the Terms and Conditions will be stored in the Company’s system and will be used to confirm to the Guest’s credit card company and the Guest’s bank of the Guest’s acceptance of the payment charge. The Guest understands and accepts this.
- SEVERABILITY. In the event that any provision of these terms and conditions, or the any other agreement pursuant to which Guest books a room with Company, is illegal, that provision shall no longer apply, but the remaining provisions shall continue in full force and effect.