Guest Service Agreement

 

GUEST RULES AND SERVICES AGREEMENT

Last Modified: February 06, 2018

This Agreement is entered into between you (the “Guest”, “you” or “your”) and Sit Back Host, LLC, a Delaware corporation (“Sit Back Host”, “Dormigo”, “we”, “us” or “our”). This Agreement sets forth certain rules (“Guest Rules”) that you and any guest staying with you or visiting you (“Your Guests”) in the Accommodation must follow in connection with your booking of an Accommodation from a Host or any other services relating to the Accommodation (a “Booking”). As the entirety of this Agreement applies to you and to Your Guests, you and Your Guests will be held jointly liable for any consequences resulting from non-compliance with the terms of this Agreement. This Agreement also sets forth certain services that we may provide you in connection with your Booking of an Accommodation from a Host.

You acknowledge and agree that by using  Dormigo in connection with your Booking and accepting the terms hereof, you have read, understand and agree to comply with and be bound by the  Dormigo’s Terms of Service (the “Terms”), as published from time to time at www.dormigo.com/terms, into which this Agreement is incorporated. Capitalized terms used in this Agreement but not defined herein have the meanings assigned to them in the Terms.

  • Guest Rules

Guests acknowledge and agree that the Host and Third Party Platform may require you to accept or otherwise agree to terms of service and other agreements in connection with your Booking. In addition to those agreements, Guests must comply with our Guest Rules in connection with a Booking. If there is conflict or discrepancy between any agreement with the Host or a Third Party Platform and these Guest Rules, the Guest Rules will supersede to the extent of such conflict or discrepancy.

You agree to comply with all applicable laws and regulations, and that you will not breach any agreements you have entered into with any third parties, such as Hosts and Third Party Platforms.

  • Booking Summary

As a result of your Booking of the Accommodation from a Host, you should receive a summary of your booking (“Booking Summary”) from Third Party Platform. The Booking Summary details basic information regarding your Booking, such as the name of the property, check-in and check-out dates and times, fees and charges due, number of guests approved, and other relevant information.

If there is any conflict or discrepancy of Booking information between any Third Party Platform and the Booking information available to  Dormigo, the Booking information available to  Dormigo will supersede to the extent of such conflict or discrepancy.

If you do not receive a Booking Summary from Third Party Platform or if you suspect an inaccuracy in a Booking Summary that you have received, you may contact  Dormigo by email at reservations@dormigo.com.

Your Booking is subject to our cancellation policy as detailed in the Bookings and Cancelation section of this agreement.

  • No Property Rights or Interest; Not a Tenant. You and the Host have separately entered into an agreement, under which the Host has issued you a license to occupy the Accommodation during the agreed period (“Booking Period”) set out in the Booking Summary. YOU HAVE NOT ENTERED INTO A LEASE. THE LICENSE DOES NOT CONVEY ANY PROPERTY RIGHTS OR INTEREST IN REAL ESTATE AND YOU ARE NOT A TENANT OF THE ACCOMMODATION. YOU HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF THE ACCOMMODATION. This means that you have no right to stay in the Accommodation or to otherwise use or occupy all or any part of such Accommodation after the term set forth in your Booking Summary and have no rights to renewal or recurring usage.

  • No Agency.  Dormigo is not an agent of either the Host or the Guest.

  • No Changes. You cannot make any changes to the Accommodation nor can you move or remove any furnishings or other items in or on the Accommodation.

  • Agreement to Restrictions. In addition to abiding by our Guest Rules, you agree to abide by any rules and restrictions placed on the Accommodation by the Host or  Dormigo (“House Rules”), which may be modified or supplemented at any time in accordance with this Agreement and the Terms. The Booking Summary and House Rules may set forth certain restrictions, including without limitation check-in and check-out times, the maximum number of occupants allowed during your use of the Accommodation, any areas of the Accommodation or items in or on the Accommodation that have been designated “no access,” noise or behavioral restrictions, or limitations on pets, smoking or other activities at, on or from the Accommodation. By refraining from terminating this Agreement and your Booking after modification, Guest agrees to be bound by any such rules and restrictions.

The Host is also subject to the Host Services Agreement, which is part of the Terms.

  • Consequences of Violating Restrictions. Your license to occupy the Accommodation will be subject to immediate termination if you or any parties that occupy the Accommodation during the term of your stay violate any terms of this Agreement, the Guest Rules or any other agreement between you and the Host or  Dormigo.

  • Booking and Cancellation

  • Booking Confirmation. A Booking Summary that you have accepted is not a booking confirmation. The Accommodation will be booked for the Booking Period set forth in the Booking Summary upon your receipt of a Booking confirmation (“Booking Confirmation”). The Host is not obliged to make the Accommodation available until such time as the Booking Confirmation has been sent to you by email.

  • Booking Modifications. You as a Guest are responsible for any modification to a Booking that you make or direct us to make (“Booking Modification”), and you agree to pay any Accommodation Fees, Guest Turnover Fees, and applicable taxes associated with such Booking Modification.

  • Guest Booking Cancellation Policy.  Dormigo will post on the Site or by other means of disclosure a guest booking cancellation policy for all Bookings (“Guest Booking Cancellation Policy”).  Dormigo may modify the Guest Booking Cancellation Policy at any time in accordance with this Agreement and the Terms. By making a Booking after the Guest Booking Cancellation Policy has been modified, Guest agrees to be bound by the new Guest Booking Cancellation Policy. If you cancel a Booking without adequate notice, then you will be responsible for a portion of Accommodation Fees as set forth in the Guest Booking Cancellation Policy and you agree to have such amounts be charged to the credit card or debit card that you supplied when making the Booking.

Notice

Terms

More than 7 full days prior notice

If the guest cancels more than 7 full days in advance prior to Listing’s local check-in time (or 3:00 PM if not specified), 90% of the Accommodation Fees will be refunded.

7 days or fewer prior notice

If the guest cancels less than 7 days in advance, the first night is non-refundable but 50% of the Accommodation Fees for remaining nights will be refunded.

In-Stay

If the guest arrives and decides to leave early, the Guest Turnover Fees and nights spent are non-refundable, but 50%* of the Accommodation Fees for any remaining nights not spent which are canceled with at least 24 hours’ notice prior to Listing’s local check-in time are refunded.

Additionally,  Dormigo may approve a full or partial refund of fees for other booked services (e.g., Guest Turnover Fees or Pet Fees) depending on the necessity or desirability of performing such services on account of your arrival and cancellation as determined by  Dormigo at its sole discretion.

In the case of extenuating circumstances,  Dormigo may, in its sole discretion, approve a refund greater than described above.

  • Host Booking Cancellation or Modification. Host has the right to cancel a Booking at any time. Under the circumstance that the host cancels your reservation you may contact  Dormigo to see if they can assist, however the Host is solely responsible for arranging for suitable alternative accommodations during the Booking Period, which will, if possible, be of comparable quality and character (e.g., a 4 star hotel within 2 miles of the location of the Accommodation). In the event  Dormigo is unable to assist in finding suitable alternative accommodations during the Booking Period,  Dormigo will assist you obtaining a full refund.  Dormigo shall have no responsibility or liability as a result of a cancellation of a Booking.

  • House Rules. It is a condition of your Booking that all of the House Rules are complied with in full by you and Your Guests, and Host. Any failure by either you or Host to comply with the House Rules including any failure to allow  Dormigo to supply services will permit  Dormigo to terminate your Booking and this Agreement without liability (and without prejudice to any other rights and remedies pursuant to this Agreement).

  • Unavailable Accommodation. In the event that the Accommodation becomes unavailable for the whole or any part of the Booking Period and you do not accept a suitable alternative accommodation which is offered to you, then you are entitled to cancel the Booking, and any unused Accommodation Fees will be refunded to you, but neither the Host nor  Dormigo will be liable to you for any further amounts in respect of the cancellation of the Booking.

  • Refund upon cancellation. If a Booking is canceled, you will be refunded any amount collected by us for which you are entitled to a refund under this Agreement, and any pre-authorization of payment for such Booking will be released, if applicable.

  • Fees and Charges

  • You agree to pay the Accommodation Fees and any Guest Turnover Fees as set out in the Booking Summary or Booking Modification without deduction or offset. You also agree to pay the cost of any damage to the Accommodation or its contents and to pay any fees, costs and expenses incurred by the Host or  Dormigo as a result of your failure to vacate the Accommodation on a timely basis at the end of your Booking Period, including, without limitation, as a result of loss of a subsequent booking for the Accommodation for the period following your Booking Period.

  • The Accommodation Fees set out in the Booking Confirmation or Booking Modification will include the fees payable with respect to the Accommodation only and all taxes payable with respect thereto. No additional concierge or other services that you book through  Dormigo are included.

  • By accepting these terms you agree to pay the Accommodation Fees in full and the Host or Third Party Platform will collect such amount as set forth in the Booking Summary by charging your provided credit or debit card. You acknowledge and agree that the Host may authorize  Dormigo to collect and remit Accommodation Fees and other fees and charges paid by you in connection with your stay at an Accommodation, including any additional amounts due to a Booking Modification.  Dormigo may also charge you fees for certain services provided by  Dormigo as agreed by you under this Agreement.

  • Your prepayment will be collected and paid as set forth above under Booking and Cancellation. On commencement of the Booking Period, the remainder of the Accommodation Fees (if any) will be taken by check-in staff provided by  Dormigo or will be automatically charged to your credit or debit card. If you fail to check-in to an Accommodation on the date of commencement of your Booking, then for the avoidance of doubt you will be responsible for payment of the entire Accommodation Fees for the Booking (and all taxes due with respect thereto) and you will be charged such sums to the credit or debit card which you supplied when making the Booking.

  • In addition to the fees and charges for the Accommodation, all governmental authorities taxes applicable to your purchase of the Booking from the Host and to your use and occupancy of the Accommodation may be collected and remitted.  Dormigo is not responsible for any taxes as a result of any Accommodation.

  • Security Deposit

By accepting these terms you agree that  Dormigo charge a security deposit amount from a credit card, debit card or other payment account supplied by you and the Host will be entitled to make charges against this security deposit amount in the event of any damage to the Accommodation or its contents, or in the event of late check-out or overstaying. Within 5 business days following your check-out  Dormigo will process the refund of the full security deposit to the same payment method charged, minus any charges made against the security deposit as described in this section.

  • Check-In / Check-Out

The check-in and check-out time at the Accommodation is as stated in the Booking Summary. Unless your Host has agreed to a late check-out as part of your Booking Summary or has expressly agreed in writing to an extension or a further period of occupancy which has been confirmed by a subsequent Booking Confirmation, then you will be responsible for a full day’s Accommodation Fee for any overstaying past the check-out time on the day of your departure. If you overstay by more than two (2) hours then Host reserves the right to enter, or cause  Dormigo or other authorized agent to enter, the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary or appropriate (and you will be charged for the costs of any such action which will be charged against the debit or credit card account that you provided at check-in). In addition, you will be responsible for an additional fee equivalent to 150% of the effective daily rate of your stay for each day (or part thereof) that you overstay, as well as any other damages, fees, costs or expenses incurred by the Host or  Dormigo, including without limitation, as a result of loss of a subsequent Booking for the Accommodation or finding alternative accommodations for any subsequent guest who had a Booking for the Accommodation for all or any part of the time that you overstayed.

  • Safety and Conduct

  • You have primary responsibility for your own safety and for the safety of anyone that you allow on to the Accommodation during your stay. You must read any fire or health & safety guidance that is provided to you and listen to any instructions or explanations that are provided. It is your responsibility to bring any concerns regarding the Accommodation to the attention of the  Dormigo and to ask any questions that you may have if you do not understand any of the guidance or instructions provided.

  • If you become aware of anything during your stay which you believe is a health & safety risk, you must inform  Dormigo immediately. Your Host and  Dormigo will have access to the Accommodation at all times during your stay to address any such issues.

  • You must comply with the Terms, this Agreement and you must also comply with any building regulations and House Rules and any reasonable directions of the Host or  Dormigo.

  • You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time, except such number of additional guests as may be specified in the Booking Summary. This agreement is personal to you and may not be transferred to any other person. The Host will not allow any person other than the persons named in the Booking Summary to access or occupy the Accommodation.

  • The Booking Summary may specify the maximum permitted number of guests who are authorized to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation, you will be liable to pay a supplement of up to 100% of your effective daily rate in respect of each unauthorized guest and the Booking may be terminated immediately.

  • In addition to complying with the Terms, this Agreement and the House Rules and all reasonable directions you also agree that you will:

    • Keep the Accommodation clean, tidy and clear of trash and leave the Accommodation in the same condition as you find it;

    • Not keep or take any pets or animals into the Accommodation (unless otherwise agreed with us in writing and specified as pet-friendly in the Booking Summary);

    • Not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach (in whole or in part) of any insurance in effect with respect of the Accommodation from time to time;

    • If the Accommodation is part of a building or complex with common areas: follow any reasonable instructions or directions posted or given by building management staff members, and not obstruct or leave any objects or waste in any common areas;

    • Not leave any obstruction outside of the Accommodation;

    • Not do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or to tenants or occupiers of the building or any owner or occupier of neighboring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;

    • Not conduct any illegal activity from the Accommodation;

    • Not conduct any business or commercial activity whatsoever from the Accommodation;

    • Not make any alteration or addition whatsoever to the Accommodation or its contents;

    • Not use the Accommodation for any purpose other than for personal accommodation; and

    • Not invade the privacy of the Host or publish or reveal anything which might allow a third party to identify the address of the property or the identity of the Host or any personal information regarding the Host or the Accommodation (even if such information is already in the public domain).

  • You understand that we may use a smart home device that measures volume levels throughout the Accommodation, and allows us to respond to excessive noise to ensure a peaceful stay. This device is privacy compliant and only measures volume; it is not a listening device.  

  • You acknowledge that the Accommodation is a home and you agree not to access any private cupboard or drawers that have been sealed with tamper tape or marked as private. You may be subject to a charge for any breach of any tamper tape.

  • You hereby indemnify the Host and  Dormigo in respect of any and all costs, claims, damages, liabilities, and expenses, including, without limitation, reasonable attorneys’ fees and costs) suffered or incurred by the Host or any of the foregoing parties arising out of or relating to a breach by you of this Agreement, including, without limitation this paragraph. In the event of breach, your Booking may be terminated, or your ability to make future Bookings may be prohibited, in accordance with the Terms and this Agreement.

  • Property Damage

  • A written or video inventory will have been taken prior to the commencement of your stay. You must disclose to  Dormigo any damage to the Accommodation, contents, fixtures or fittings which occurs during your stay, even if you regard the damage as minimal or normal wear and tear or if you do not believe the damage is your fault.

  • If you do not notify your  Dormigo of any such damage, you will be fully responsible for such damage on a full replacement cost basis.

  • If you disclose any damage, you are responsible for full replacement cost. However,  Dormigo may, at its sole discretion, waive part or all the replacement cost.

  • You have authorized  Dormigo to charge any property damage for which you are responsible to the credit or debit card account supplied by you. Any charges for property damage will be charged to such credit or debit card account that you have supplied. You acknowledge that pursuant to the provisions of this Agreement relating to Credit Card Authorization above,  Dormigo has obtained a pre-authorization for such charges as noted above.

  • Liability and Claims

  • Any claims made by you under this agreement must be made initially through  Dormigo and in accordance with the Terms. If you notify  Dormigo within fourteen (14) days after making such a claim through  Dormigo that, in your opinion, the dispute has not been satisfactorily resolved, then  Dormigo is authorized to provide you with the Host’s details so that you may thereafter pursue the claim directly with the Host.

  • The Host will not have any liability for any business, financial or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this agreement, the Accommodation or the Booking (whether such loss arises as a result of negligence, breach of contract, tort or otherwise by the Host or any agent or third party providing services on behalf of the Host). The limitation of liability in favor of  Dormigo in the Terms applies hereto.

  • Subject to any exceptions set forth in applicable law, the Host’s liability for all losses (including, without limitation for property damage, personal injury and death and whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the amount of the Accommodation Fees and charges payable by you. The Accommodation is a private residence and Hosts are not responsible for any accidents, injuries or illness that occurs on the Accommodation or for any loss of personal belongings or valuables of the Guest. You are responsible for obtaining any vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the Accommodation.

  • Nothing in this clause limits or excludes the liability of the Host for death or personal injury arising as a result of their gross negligence or willful misconduct or the gross negligence of willful misconduct of the Host,  Dormigo and their respective agents or employees.

  • You agree to indemnify and hold Host and  Dormigo harmless from any and all liability, claims, loss, property damage or expenses arising by reason of any injury, death or damages sustained by any person, or to the property of any person, including you or the Host or any visitors or invitees whom you permit to enter the Accommodation or the premises of which the Accommodation is a part, where such injury death or damage is caused by your negligent or intentional act or omission, or by any such visitors or invitees.

  • If Host or  Dormigo is required to engage any attorney to enforce the conditions of this Agreement, the Terms or the House Rules, to collect any amounts due, to remove you or your belongings from the Accommodation, Guest shall be responsible for all reasonable attorneys’ fees and costs incurred in connection with the foregoing.

 

  • Host and Guest Services

  •  Dormigo may offer certain goods and services to Guests with respect to a Booking that are included in the Booking (“Host Services”) and goods and services that are separate and distinct from the Booking and any agreement that Guest may have with the Host or Third Party Platform (“Guest Services”). This Agreement sets forth the terms and conditions of the Guest Services.

  •  Dormigo is not an agent of the Host or you, we are not a booking agent or a hosting platform and we are not 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 and the Host for the Booking of an Accommodation. We are solely responsible for the Host Services and Guest Services we provide, subject to the Terms, into which this Agreement is incorporated.

  • In accordance with the Terms, you will contract directly with a Host for the use and occupancy of the Accommodation, principally through a Third Party Platform. We are not responsible for any element of the Accommodation or any part of your agreement with the Host.

  • As set forth in the Terms,  Dormigo reserves the right, at its sole discretion, to modify, discontinue or terminate any Host or Guest Services, at any time and without prior notice. By continuing to use Host or Guest Services after modification, you are indicating that you agree to be bound by the modified terms of this Agreement. If the modified terms of this Agreement are not acceptable to you, your only recourse is to cease using the Site and Host and Guest Services.

  • Host Services

  •  Dormigo provides Host Services in connection with Bookings under the Host Services Agreement. We provide Host Services to and on behalf of Hosts and some of these services may be provided directly to you as set forth below. You must accept the receipt of Host Services as part of your Booking. The cost of Host Services is included in the Accommodation Fee set forth in your Booking Summary and will be paid by the Host.

  • The following are Host Services that may be provided to you:

    • Welcome to the Accommodation and key hand over;

    • Cleaning of the accommodation before and during the stay;

    • Helpdesk services for inquiries regarding the Accommodation (which is separate from the concierge Guest Service set forth below);

    • Housekeeping (changing of linens); and

    • Check-out and collection of keys.

  • Guest acknowledges and agrees that  Dormigo may provide the Host Services through one or more third party vendors in its sole discretion.  Dormigo agrees to provide the Host Services in a timely and professional manner in accordance with this Agreement, but  Dormigo makes no warranties of any kind, express or implied, with respect to the Host Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.

  • Guest Services

  • We may offer you Guest Services set forth below from time to time in accordance with this Agreement.

  • The following are Guest Services that we may offer you and 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;

    • Stocking of refrigerator;

    • Any other services requested by a Guest which we agree to provide from time to time.

  • Guest acknowledges and agrees that  Dormigo may provide the Guest Services through one or more third party vendors in its sole discretion.  Dormigo agrees to provide the Guest Services in a timely and professional manner in accordance with this Agreement, but  Dormigo makes no warranties of any kind, express or implied, with respect to the Guest Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.

  • Fees

  • If you agree to accept any Guest Services from us, we will provide you with a Booking Summary, which shall include a summary of fees for the Guest Services. You agree to promptly pay to us all preliminary fees for Guest Services as set forth on the Booking Summary. We reserve the right to request payment in advance of providing any Guest Services.

  • Guest hereby agrees to provide and maintain a current credit card or bank account information with the Third Party Platform. Guest hereby authorizes  Dormigo to charge Guest’s credit card or bank account through the Third Party Platform for any amounts owed by Guest to Host or  Dormigo under this Agreement.

  • If you elect to accept Guest Services at the time of the Booking, we may collect any applicable fees from you at the same time as the Accommodation Fees are collected from you by the Host or Third Party Platform. By entering into this Agreement you irrevocably agree that any charges from your Booking can be paid to us by you, the Host or a Third Party Platform without further approval or authorization by you.

  • You acknowledge and agree that we, the Host or the Third Party Platform may pre-authorize your credit or debit card at any time for the fees and costs associated with the Guest Services you have booked or may choose to book during your stay. Guest 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 Guest 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 with respect to the Guest Services.

  • 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 remittance and you hereby authorize us, the Host or the Third Party Platform 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 an Accommodation 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, the Host or the Third Party Platform to charge your credit or debit card for such amounts in addition to the amount paid for the Booking.

  • If you cancel any Guest Services provided directly by  Dormigo and not by Third Party, either prior to or after arriving at the Accommodation, you will be responsible for fees and be eligible for refunds according to the cancellation policy provided by Sit Back for the Guest Services requested. If such a cancellation policy is not provided prior to your acceptance of Guest Services, the ruling cancellation policy is the one outline in the Booking and Cancellation section of this Agreement.

  • If you cancel any Guest Services provided by Third Party, the ruling cancellation policy is the one provided for such Guest Services by Third Party.

  • You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to us, the Host or the Third Party Platform against any amounts that may be owed by you.

  • Third Party Services

  • As part of our Guest Services we may book or order Guest 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.

  • Any booking we arrange for you with a third party will be subject to that party’s terms and conditions of business, including that party’s cancellation policy, as well as our Terms and this Agreement. You will be liable to pay the costs of any third party provided Guest Services and we will not be responsible for any failure on the part or that third party to adequately supply the Guest Service.

  • Additional Terms for Guest Services

  • Equipment Hire. 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. On hiring equipment for you we may charge, or direct the Host or Third Party Platform 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 Accommodation when you leave.

  • Ticketed Events. In certain circumstances we may agree to try to secure a ticket for you at a theatre, music or sporting event. 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, as described under section Third Party Services.

  • Helpline and General Requests. We may offer certain concierge helpline services which may be able to assist with specific requests and may also be your first point of call for booking restaurants, ticketed events, or equipment during your stay.

  • Term and Termination

  • Term. This Agreement is effective from the first date you make a Booking, use Guest Services, or access the Site.

  • Termination. This contract is specific and exclusive to users not prohibited from Booking an Accommodation, using Guest Services, or accessing the Site. If your Booking, use, or access in  Dormigo or a Third Party Platform is terminated for any reason whatsoever, this Agreement shall be terminated. However, any section reasonably intended to survive any termination or expiration of this Agreement shall so survive.

  • Liability

  • You acknowledge and agree that we are not 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. The Host and  Dormigo 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.

  • This Agreement is subject to the limitations of liability set forth in the Terms.

  • Indemnification

Guest agrees to defend, indemnify and hold harmless  Dormigo, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (“Indemnitees”) from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) the Guest Services performed by  Dormigo under this Agreement other than those arising because of gross negligence or intentional misconduct by  Dormigo or any of its officers, agents, directors or employees; (2) any damage to or destruction of any property by Guests, any third party, or any terrorism, acts of nature, or acts of God; (3) any injury to or death of any person from any cause whatsoever; and (4) any error of judgment by Indemnitees or any mistake of law or fact by Indemnitees.  Dormigo reserves the right, at Guest’s expense, to assume the exclusive defense and control of any matter for which Guest is required to indemnify us; and you agree to cooperate with our defense of these claims. Guest agrees not to settle any such matter without the prior written consent of  Dormigo.  Dormigo will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  • Other Important Terms

  • Disclaimer of Warranties. You agree that you have the power to enter into this agreement.

  • Breach. If you breach these terms and conditions, and Host and  Dormigo decide to take no action or fails to take action on a timely basis, the foregoing shall not be deemed a waiver by the Host and  Dormigo of the their respective rights hereunder and Host and  Dormigo will still be entitled to take action and enforce their rights and remedies for any other breach.

  • Successors and Assigns. This Agreement shall benefit  Dormigo, its successors and any permitted assigns. This Agreement shall not be assignable by Guest without the express  Dormigo, but may be freely transferred, assigned, or delegated by  Dormigo and by Host.

  • Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner, which expresses or implies a relationship other than that of independent contractor, nor bind the other party.

  • Modifications. We reserve the right at any time in our sole discretion to: modify, suspend or discontinue our Sites or Services or any service, content, feature or product offered through our Sites or Services, with or without notice; charge fees in connection with the use of our sites; modify and/or waive any fees charged in connection with our Sites or Services; and/or offer opportunities to some or all users of our Sites or Services. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Sites or Services, or any service, content, feature or product offered through our Sites or Services

  • Waiver. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

  • Severability. The parties agree that these terms are fair and reasonable in all the circumstances. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any provision of these terms (or portion thereof) are unlawful or unenforceable, then such provision shall apply with such deletions as may be necessary to make it valid, and the remaining provisions or portion thereof will remain in full force and effect.

  • Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.

  • Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

  • Dispute Resolution.  Dormigo and Guest agree to try in good faith to settle the dispute by voluntary mediation before resorting to court action or arbitration. In the event of a dispute between the parties concerning the terms of this Agreement, such dispute shall be resolved as set forth in the Terms.

  • Entire Agreement. This Agreement and the Terms and any document expressly referred to in this Agreement constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

YOU AND YOUR GUESTS, IN PERSON OR BY YOUR UNDERSIGNED AGENTS, CERTIFY THAT YOU HAVE READ THIS AGREEMENT, THE TERMS, AND HOST SERVICES AGREEMENT IN THEIR ENTIRETY, UNDERSTAND THEIR TERMS, AND ENTER INTO IT FREELY AND VOLUNTARILY.