Guest services agreement, US

For members of the onefinestay Club

For the Supply of Guest Services

1. About Us

1.1 We are a corporate member of the onefinestay Club (the “Club”). This allows us to provide guest services to members of the Club. Our services are provided to you, the Guest, when you stay in property owned by other members of the Club (“Homeowners”). All capitalized terms used herein which are not defined herein shall have the meanings set forth in the onefinestay Club Rules available separately (the “Club Rules”).

1.2 We are a service provider to members of the Club. Our role is to provide goods and services to you, the Guest. We are a ‘Guest Services Supplier’ as described by the Club Rules. We are not an agent or contractor of the Homeowner nor are we your agent, nor are we an accommodation or bookings agent nor do we act as a real estate broker, real estate agent, property manager, travel agent, travel seller or reseller or travel promoter. We do not have authority to form a binding agreement between you, the Guest member (“you” or the “Guest”), and a homeowner member (“Homeowner”) for the occupation of the Homeowner’s property (the “Property”). We are solely responsible for the limited services we supply (subject to the limitations of liability set out below).

1.3 In accordance with the Club Rules, you will contract directly with a Homeowner for the use and occupancy of the Property and we are not responsible for any element of such accommodation or for any part of your agreement with the Homeowner.

2. These Terms

2.1 We agree to provide the services set out below to you, the Guest, in accordance with these terms and conditions. We are subject to and agree to comply with the Club Rules and the standards of the Club as a corporate member of the Club. As such we will provide our services in accordance with those Club Rules and standards.

2.2 From time to time changes or variations may need to be made to these terms and conditions. In the event that we need to vary these terms we will email a copy of the revised terms to you. If you do not accept the revised terms you will be entitled to terminate this Agreement with us; however, any bookings that you have made prior to such termination will continue to be binding on you.

3. The Services

3.1 As a member of the Club, when you stay with a Homeowner you are not entitled to opt-out of Guest Services but certain services are included within the total price quoted by the Homeowner’s booking agent (“Included Services”) and other services can be provided at an additional charge (“Additional Services”).

3.2 When you make a booking with the Homeowner you will also be obliged under the Club Rules to select a Guest Services supplier. You have chosen us as your Guest Services supplier and, in accordance with the Club Rules, you and the Homeowner are obliged to allow us to provide Guest Services to you. You may not cancel or revoke this Agreement in respect of any confirmed booking.

4. Included and Additional Services

4.1 The following services are Included Services:

• Welcome to the Property and key hand over;
• Cleaning of the accommodation before and during the stay;
• Helpdesk services for inquiries regarding the Property (subject to section 7.4 below);
• Housekeeping (changing of linens);
• Check-out and collection of keys.

4.2 The following services are Additional Services for which an additional charge will be payable as set out below:

• Concierge services (advice on the area, booking of third party events, reservations etc.);
• Equipment hire (hire of audio visual equipment, tablets etc.);
• Food ordering;
• On-demand housekeeping;
• Stocking of refrigerator;
• Any other services requested by a Guest which we agree to provide.

4.3 We agree to provide our services with reasonable skill and care. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOMS TO THE FULLEST EXTENT PERMITTED BY LAW.

5. Payment

5.1 The price of any Included Services will be included in the preliminary invoice rendered to you at the time of the booking by the booking services provider engaged by you and the Homeowner.

5.2 In accordance with your arrangements with your Reservation Supplier, you will be provided with a preliminary invoice at the time of booking and be required to prepay certain amounts related to such booking. Any Additional Services which are requested at the time of your booking may also be included in the preliminary invoice which is provided to you before prepayment and we reserve the right to demand payment in advance for any Additional Services used during a booking. Any charges referred to in the preliminary invoice will be collected from you at the same time as the accommodation fees are collected from you by the Homeowner’s Booking Supplier. By entering into this Agreement you irrevocably agree that any such preliminary charges can be paid to us by your Reservation Supplier without further approval or authorization by you.

5.3 Under the Club Rules we are entitled to obtain payment either directly from you or from your Reservation Supplier for any goods or services provided to you during your stay with a Homeowner. We are also entitled to instruct your Reservation Supplier to pre-authorize your credit or debit card at any time for an additional amount to cover the anticipated costs of Services you have booked or may choose to book during your stay.

5.4 Services purchased after you have booked your stay will either be added to your account and collected from you when the accommodation fees are collected or, if you book Services after pre-payment has been taken we will collect payment either during your stay or on your departure from the accommodation. You will receive a final invoice for your stay, including all charges incurred pursuant to Section 5.3 and 5.4 of this Agreement.

5.5 You understand that all prices charged to you for items subject to sales or use tax under applicable federal, state and local laws will include a charge for tax reimbursement computed to the nearest mill and you hereby authorize us to instruct your Reservation Supplier to charge your credit or debit card for such amounts in addition to the cost of any taxable goods or services provided to you during your stay. You also understand that the jurisdiction in which a property is located may charge an occupancy tax on the amount paid by a Guest for the use and occupancy of such property, and you hereby authorize us to instruct your Reservation Supplier to charge your credit or debit card for such amounts in addition to the amount paid for the booking.

6. Third Party Services

6.1 As part of our general concierge Services we may book or order Services from third party suppliers or vendors. This will apply to any ticketed events you wish to attend, restaurant bookings or other goods or services ordered through our concierge service. Airport transfers, food orders, affiliate memberships and nanny or babysitting Services are also supplied by third parties.

6.2 Please note that any booking we arrange for you with a third party will be subject to that party’s terms and conditions of business. You will be liable to pay the costs of that Service and we will not be responsible for any failure on the part or that third party to adequately supply the Service. We will use reasonable commercial efforts to ensure that all of our partners provide their Services to the highest possible standards.

7. Specific Services

7.1 Equipment Hire

7.1.1 Where you have hired equipment from us you must return the items to us in the same state in which they were supplied to you in. You will be liable for the costs of any damage to equipment which has been hired by you. Equipment is subject to availability.

7.1.2 You have provided your Reservation Provider with a credit or debit card to which it is authorized to make charges relating to your booking. On check-in you may also provide us with the same or a different credit or debit card account for purposes of charges relating to your stay. On hiring equipment we may charge, or direct your Reservation Provider to pre-authorize any such credit or debit card for an amount to cover the cost of any damage to the equipment. Except where otherwise noted please leave any items hired by you at the property when you leave.

7.2 Ticketed Events etc

7.2.1 In certain circumstances we may agree to try to secure a ticket for you at a theatre, music or sporting event. Please note that while we will use our reasonable commercial efforts to secure a ticket for the event it may be difficult to obtain tickets where the event is sold out, over-subscribed or in high demand. We do not guarantee that we will be able to obtain tickets to any event. Any tickets will be subject to the terms and conditions of the ticket agent and the venue.

7.3 Refrigerator Stocking/ Food Orders

7.3.1 Our refrigerator stocking service will stock the refrigerator and kitchen cabinets of the accommodation with a range of food and beverage items. We may be able to source specific items provided we are given enough advance notice but additional charges may apply. Certain items may be unavailable and we reserve the right to add a substitute.

7.3.2 We cannot offer a refund for any unused food or drink at the end of your stay. Please ensure you check the labels of any food or drink if you suffer from allergies. We will not be liable if you consume, are exposed to or come in contact with any item to which you are allergic. If you have any concerns regarding whether the accommodation may be stocked with any items to which you are allergic, please advise your booking services provider at the time of booking.

7.4 Helpline and General Requests

7.4.1 We offer a general concierge helpline which may be able to assist with specific requests and may also be your first point of call for booking restaurants, ticketed events, refrigerator stocking, equipment etc. during your stay..

8. Termination of our Engagement

8.1 This contract is specific and exclusive to members of the Club. If your membership in the Club is terminated for any reason whatsoever, this Agreement shall be terminated in accordance with the Club Rules.

9. Liability

9.1 We will not be liable for the provision of goods or services by third parties nor will we be liable if any goods or services requested by you are unavailable during your stay. We will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as shortages, unavailability, overbooking, severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest or other similar circumstances.

9.2 SUBJECT TO AND SOLELY TO THE EXTENT OF ANY EXCEPTIONS SET FORTH IN APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES NOR WILL WE BE LIABLE FOR ANY BUSINESS, FINANCIAL OR ECONOMIC LOSS SUCH AS LOST REPUTATION, LOST BARGAIN, LOST PROFIT, LOSS OF ANTICIPATED SAVINGS OR LOST OPPORTUNITY ARISING OUT OF OR RESULTING FROM THIS AGREEMENT OR THE PERFORMANCE HEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND WHETHER SUCH LOSS ARISES AS A RESULT OF NEGLIGENCE, BREACH OF CONTRACT, TORT OR OTHERWISE BY US OR ANY AGENT, EMPLOYEE OR THIRD PARTY PROVIDING SERVICES ON OUR BEHALF.

9.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, AND SUBJECT TO AND SOLELY TO THE EXTENT OF ANY EXCEPTIONS SET FORTH IN APPLICABLE LAW, OUR LIABILITY FOR ALL LOSSES, DAMAGES AND OTHER LIABILITIES RELATING TO OR ARISING OUT OF THIS AGREEMENT AND THE SERVICES PROVIDED HEREUNDER (INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND DEATH) WILL BE LIMITED TO THE COST OF OBTAINING REPLACEMENT SERVICES OR THE AMOUNT OF THE FEES AND CHARGES PAYABLE BY YOU FOR OUR SERVICES (EXCLUDING FOR THE AVOIDANCE OF DOUBT ANY ACCOMMODATION FEES PAYABLE TO THE HOMEOWNER OR OTHER FEES PAYABLE TO THE CLUB OR ANY OTHER SERVICE PROVIDER), WHICHEVER IS THE HIGHER AMOUNT.

10. General

10.1 You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to us, the Homeowner or the Club against any amounts that may be owed by you.

10.2 We will be entitled to assign or sub-contract our obligations under this Agreement. You are not permitted to assign, sub-contract or delegate your rights or obligations under this Agreement.

10.3 These terms represent the entire agreement between you and us and supersede any previous marketing information, representations or agreements between us, whether recorded in writing or otherwise.

10.4 You agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect and shall be enforced in such manner as carries out as closely as possible the intent of the parties hereto.

10.5 The relationship between you and us is that of an independent contractor. We shall not be, act as, purport to act as, or be deemed to be, the agent, employee, partner or joint venturer of you as to any matter. No partnership, joint venture, association, alliance, or other fiduciary, employee/employer, principal/agent or other relationship other than that of independent contractor shall be created by this Agreement, express or implied.

10.6 The Club is a third party beneficiary of this Agreement and may rely upon and directly enforce this Agreement to the extent necessary to enforce its rights under the Club Rules.

10.7 Failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or the right at any time subsequently to enforce all terms and conditions of this Agreement.

10.8 This Agreement is governed by and construed in accordance with the internal laws of the state in which the applicable Homeowner Property that is the subject of your booking is located, without regard to conflict of laws rules.