Terms and Conditions
TERMS, CONDITIONS, AND ACKNOWLEDGMENTS RELATING TO:
Your Reservation:
- To secure Your Reservation You must provide Us with: (i) the account number; date of expiration; and security code for Your Preferred Credit or Debit Card (“Card”) (This is the card that You shall use exclusively to permit Us to receive full payment from Your Card Issuer (“Issuer”) for all authorized or permitted charges and fees relating to Your reservation and stay); (ii) personal information which corresponds to the name and address on the Card; (iii) Your preferred phone number; and (iv) Your email address.
- To confirm Your Reservation, You authorize Us to immediately submit a charge of $50.00 to the Issuer. (“Booking Fee”).
- You may Cancel Your Reservation up to seven (7) calendar days prior to the date of Your scheduled arrival by phone which shall be accepted and acknowledged by US in a confirming email.
- Except as provided Item #5 below, in all other instances the Booking Fee is non-refundable regardless of the circumstances.
- At the time of Your departure, the Booking Fee shall be applied as a credit to Your suite account to establish the net amount of all expenses, charges and fees incurred or permitted by You during Your stay which shall be submitted to the Issuer including, but not limited to those set forth in items #2-6 below of Disclosure of Charges if any.
Disclosure of Charges and Your consent for Us to submit to Your Card Issuer (in addition to Your suite rental and requested additions for goods or services) the following, IF APPLICABLE, as “Liquidated Damages” and not as a “Penalty:
- Loss of Revenue: The full cost of the suite rental plus requested additions for untimely cancellation; “No Show”; or, for Your removal from Your suite and the hotel complex as permitted herein: Stated Rates/Costs.
- Late check-out: Any departure after 1 PM (unless extended and approved at the time of check-in): $50.00.
- Failure to return the Garage Door opener to the Front Desk upon departure: $250.00.
- Smoking, vaping or the use of incense in your suite: $250.00.
- Missing articles of personal property other than disposable items intended for Your use during Your stay; Replacement Cost
- Damage to the structure or its contents which were not Identified and Reported to the Front Desk In Writing after your initial entry into Your suite: Reasonable costs of labor and materials to repair, restore or replace.
- An “Administrative Charge” to compensate Us for Our time and resources to respond to the Issuer for any charge(s) You disputed: $250.00, if we prevail.
- Damages Awarded: The full amount of all costs, expenses and fees (including reasonable attorney fees) awarded to Us by a court of competent jurisdiction in any action in which We prevail.
Your Occupancy:
- Your occupancy is expressly conditioned upon reaffirming Your acknowledgment and acceptance of the entire contents hereof at the time of check-in by signing the guest registration form which shall include a full and complete recital of all provisions of this document.
- Your occupancy is intended for Your personal use only, and, if desired, one other person age 21 or older (“Guest”). Permitting entry, use or occupancy by another or housing a pet is strictly prohibited and shall constitute just cause for removal not only from Your suite, but also the hotel complex.
- Upon entry into Your suite, You shall conduct a complete inspection to confirm that:(i) it is clean; in the condition which you expected; and, is suitable for your immediate occupancy; (ii) all utilities and electronic equipment are functioning properly; (iii) there is no visible damage or condition to the suite or any of its contents which would impair or limit your use and enjoyment of the suite. If you detect any such condition, You must immediately report them in writing to the Front Desk so that they may be noted and corrected if possible.
- You shall be personally responsible for the proper conduct of Your Guest and agree to be personally liable for any of Your Guest’s acts or omissions which cause damage or loss to Your suite or its contents.
- Any act or omission which is disruptive or violates anything contained herein shall result in Your immediate removal not only from Your suite, but also the hotel complex without refund or credit in any amount. In such event You shall remain fully responsible for payment of all of Your financial obligations to Us set forth herein and in Your Guest Registration.
OBLIGATION ON DEPARTURE AND CONSEQUENCE OF FAILURE
If You were dissatisfied with anything related to Your suite or the service which You received during Your stay, then Prior to Your Departure YOU MUST prepare and present to the Front Desk Staff a “Written Statement” which shall include specific details of all matters of concern to You. At that time a member of the staff shall: (i) make a copy of Your Written Statement which shall be dated, time-stamped and signed by a staff member to acknowledge delivery and receipt; and, (ii) shall attempt to arrange a meeting with a member of management, if available, to discuss Your concerns and propose a resolution. IF YOU FAIL TO PROVIDE SUCH STATEMENT, THEN YOU SHALL BE: (i) DEEMED TO HAVE WAIVED YOUR RIGHT TO SUBSEQUENTLY DISPUTE ANY CHARGES SUBMITTED BY US TO YOUR CREDIT CARD ISSUER; (ii) FOREVER BARRED FROM COMMENCING A LEGAL ACTION AGAINST US IN ANY COURT ALLEGING CLAIMS FOR DAMAGES OR LOSS OF EVERY KIND AND NATURE.; AND, (iii) DEEMED TO CONSENT TO THE JURISDICTION OF THE COURT HEREAFTER SET FORTH IF WE ELECT TO PURSUE ANY LEGAL OR EQUITABLE ACTION AVAILABLE TO US AGAINST YOU.
CONSENT TO JURISDICTION
Notwithstanding any provisions herein to the contrary, You EXPRESSLY CONSENT TO THE COURTS OF WOOD COUNTY, OHIO TO BE THE ONLY VENUE IN WHICH TO ADJUDICATE ANY AND ALL MATTERS IN DISPUTE AND YOU EXPRESSLY UNDERSTAND THAT IF THE COURT RULES AGAINST YOU, THEN YOU SHALL BE LIABLE TO US FOR ALL DAMAGES WHICH WE CAN PROVE TOGETHER WITH ALL FEES, CHARGES AND COSTS OF DEFENDING OR PROSECUTING SUCH ACTION, INCLUDING REASONABLE ATTORNEY FEES OF ALL PREVAILING PARTIES.
DISCLOSURES; WARNINGS; ACCEPTANCE; RELEASE; WAIVER AND INDEMNITY RELATING TO YOUR STAY
- Condition and Use of Your Suite: Your suite was constructed, inspected and has been maintained daily to comply with all federal, state, county, and local building codes, statutes, laws, ordinances and interpretive administrative rules and regulations promulgated and enacted, which are intended to protect our guests from injury and damage to their property from loss throughout their stay. Therefore, You and your Guest are solely responsible for engaging in such proper and safe conduct (not only within your suite, but also throughout the hotel complex) which would not expose You or Your Guest to increased risk of injury, death or loss.
- Disclosures and Warnings of Risks: Your suite includes enhancements which if not properly used could cause injury or death. If you are taking any prescriptive medications or drugs of any kind or you intend to consume alcohol, these alone, or in conjunction could impair your judgment and stability which could increase your risk of injury in the ordinary and intended use of any fixture or furnishings of your suite, including, but not limited to, the Jacuzzi, sauna, fireplace, and personal pool. Floor surfaces in the shower and throughout the bath area and all surface areas surrounding the personal pool, present obvious and inherent risks of injury or death which increase when wet. The stairs into the pool and pool floor also present observable and inherent risks which You and Your Guest need to assess and appreciate before use throughout your stay.
- Assumption of all Risks: FROM THE TIME YOU ENTER YOUR SUITE UNTIL YOU DEPART, YOU AND YOUR GUEST SHALL BE DEEMED TO HAVE ASSESSED, ASSUMED AND ACCEPTED ALL RISKS OF INJURY, DEATH OR LOSS, CAUSED BY, OR IN ANY MANNER RELATED TO, YOUR CONDUCT IN THE USE OF ALL FURNISHINGS AND FIXTURES NOT ONLY WITHIN YOUR SUITE, BUT ALSO THROUGHOUT THE HOTEL COMPLEX.
- Release of All Claims and Indemnity: FROM THE TIME YOU ENTER YOUR SUITE UNTIL YOU DEPART, YOU AND YOUR GUEST SHALL HAVE HAD SOLE CONTROL OF YOUR DECISIONS AND CONDUCT AND, IN THE EVENT YOU OR YOUR GUEST SHALL SUFFER ANY INJURY, LOSS OR DIE BECAUSE OF SUCH DECISIONS AND CONDUCT (AND NOT BECAUSE OF ANY NEGLIGENCE BY US) YOU FOR YOURSELF AND ON BEHALF OF YOUR GUEST, KNOWINGLY WAIVE RELEASE AND FULLY DISCHARGE US AND ALL, OUR EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (individually and collectively referred to as the “RELEASEES”) FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION FOR DAMAGES OR LOSS OF EVERY KIND AND NATURE ARISING OUT OF, OR IN ANY MANNER RELATING TO, YOUR STAY EXCEPT FOR ANY INTENTIONAL ACTS OF MALFEASANCE BY THE RELEASEES AND YOU PERSONALLY AGREE TO INDEMNIFY AND HOLD EACH AND EVERYONE OF THE RELEASEES HARMLESS FROM ALL DAMAGES, FEES, AND COSTS WHICH EACH OF THEM CAN ESTABLISH IN DEFENDING THEMSELVES INCLUDING REASONABLE ATTORNEY FEES.
- Acknowledgment and Acceptance: You acknowledges that: (i) You have read all the foregoing Terms and Conditions; (ii) You understand the implications of all the foregoing Terms and Conditions; (iii) You understand that the foregoing Terms and Conditions shall be incorporated into the Guest Registration which You shall sign at the time of Your arrival: and, (iv) Unless you accept the foregoing Terms and Conditions You will not be able to secure a reservation with Us or You will be denied occupancy to any suite on the date of Your arrival.