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New York Apartment Terms and conditions

Section (a) Website Usage

New York Apartments (hereinafter referred to as the COMPANY), is a trade name of CR Tour LLC (formerly City Realty 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the Terms and Conditions and acknowledge that any other oral agreements between the USER and the COMPANY are superseded and of no force or effect.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 Licensor (operating company in New York City) and Licensee

Additional Occupancy Time
In the event Licensee desires to occupy the Apartment before 2:00 p.m. on the Commencement Date, Licensee must make a request to do so, and such request must be approved by Licensor in writing. As a condition of Licensor's approval of such request, Licensee must pay the sum of $90 to Licensor on account of Licensor's administrative fees in approving the request.
Key Delivery and Return
Key Delivery and Return will take place at the offices of the Licensor unless previously agreed upon between the Guest and the Licensor. In the event keys are returned later than 11:00 a.m. on the final day of occupancy, an administrative fee of $50 shall be payable to Licensor.
Cancellation policy
- If Licensee cancels the License Agreement more than 21 days before the Commencement Date, the Licensor will charge a $50 processing fee
- If Licensee cancels the License Agreement 21-14 days before the Commencement Date, the Licensor will charge a processing fee equal to 30% of the first and second installment of the Consideration.
- If Licensee cancels the License Agreement 14-7 days before the Commencement Date, the Licensor will charge a processing fee equal to 50% of the first and second installment of the Consideration
- If Licensee cancels the License Agreement less than 7 days before the Commencement Date, or vacates the Apartment prior to the date that the third installment of the Consideration is due, the first and second installment of the Consideration shall be retained by Licensor as liquidated damages.
All cancellations must be sent to Licensor in writing, by email to the following email address:
office@new-york-city-apartments.net
If Licensee arranged for use of the apartment through one of Licensor's partner sites, in addition to the cancellation policy set forth above, the cancellation policy on the partner's website applies.
Security deposit
The Authorization filled out at the time of booking or check in is used as a security deposit to guarantee the safe keeping of the Apartment by the Licensee. The Licensee 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 Licensee agrees that his/her credit card will be debited for the full amount of damages caused by the Licensee If this damage occurs the Licensor 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. If the Licensee uses additional towels and linen from the closet with company supplies, the credit card of the Licensee will be charged $20 for additional laundry. In case of key loss the credit card of the Licensee will be charged a $50 fee. There are no pets and no smoking allowed in the Apartment. The Licensor assumes no responsibility for any lost or stolen items of the Licensee from the Apartment or the Building. The Licensee understands and agrees to this.
Liability and Safety
The Licensee agrees that he or she is 100% liable for his or her own actions and safety while staying in the Apartment and the Building – including but not limited to any bodily injuries caused to the Licensee (his or her own safety and the safety of other guests, visitors and children staying or visiting the Licensee including but not limited to safety around open or closed windows in the apartment, falls through windows and from fire escapes and any other type of personal injury caused while staying or visiting the apartment) , damage to Licensee's own property, damage to property of the Licensor (to the Apartment and the equipment located in the Apartment), injury to third parties, damage to the property of third parties, fire safety in the apartment and other types of damage or injury that may incur during the period of stay. The Licensor assumes no liability for any injury caused in any way to the Licensee or his or her visitors, other guests or children or any third party during the period that the Licensee is staying in the apartment. Licensee agrees to defend and indemnify Licensor for any claims brought against Licensor by any third party arising from or related to Licensee's stay at the apartment, including but not limited to any attorney's fees incurred in the defense of any claims. The Licensee is liable for any damage or injury caused by air conditioners resulting from the Licensee'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 Licensee further agrees never to throw, drop or let fall any item from the windows of the apartment. The Licensee is liable for any damage or injury resulting from such an incident. The Licensee will be liable for any incident caused by the Licensee that results in damage to property of third parties inside or outside the territory of the rented apartment including but not limited to other parts of the Building, other apartments, the street and surrounding areas of the Building. The cost of such damage will be charged to the credit card of the Licensee. The Licensee understands and agrees to this.
Cleaning
The Apartment is delivered to the Licensee in clean condition with clean bedclothes and towels. Clean out is free of charge. If you require cleaning service, the Licensor can help you arrange it using an outsourced service provider for a fee to the service provider of $50/cleaning.
Other Terms and Conditions
1. The Licensee 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 apartments. Absolutely NO PARTIES ARE ALLOWED in the apartment. A breach of any of these rules will result in damages to Licensor that will be difficult to ascertain, and will therefore be liable to Licensor for liquidated damages in the amount 1000 USD in addition to the Consideration (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 Licensor, including eviction.
2. In the event of fire, vandalism or other disturbance, the Licensee will immediately notify the Licensor and/or the proper authorities (fire authorities, police, etc.). In the event of a technical problem (electrical, plumbing, etc.) occurring within the premises, the Licensee will notify the Licensor immediately.
3. The Licensee agrees not to damage the premises or any equipment, furniture or other fixtures within the premises. In the event that the Licensee does damage to the premises, equipment, furniture or other fixtures within the premises, the Licensee promises to correct or pay for any damage.
4. The Licensee agrees to return all keys of the premises to the offices of the Licensor or to a representative of Hospitality Provider by 11:00 AM on the final day of occupancy, or will be subject to the charges set forth above.
5. Travel Insurance, which provides cancellation coverage, medical coverage and protection against lost or damaged luggage, is not included in the prices of the Licensor and is strongly recommended. For more information on obtaining travel insurance, see the Travel Insurance page of this site.
6. Claims and Refunds: Refunds are not made for any missed services except for verifiable extenuating circumstances. Please see our Limits on the Licensor'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 Licensee 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 Licensor 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.
7. Limits on the Licensor's Responsibility. The Licensor, its employees, members, shareholders, officers, directors, successors, agents and assigns (collectively the LICENSOR), are not responsible for the personal belongings and valuables of the Licensee or guests' of the Licensee left in apartments arranged for the Licensee or guests' of the Licensee by the Licensor. The Licensee 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 Licensor liable in case of theft, loss or damage.
8. The LICENSOR is not liable for any negligent or willful acts of any person or entity or of any third person. The Licensee understands and agrees to this. The Licensee also agrees not to seek damages for any reason whatsoever from the Licensor.
9. In addition and without limitation, the Licensor 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 LICENSEE HEREBY WAIVES, DISCLAIMS AND RELEASES THE LICENSOR, 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 LICENSOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, THE LICENSEES 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 LICENSOR'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE STRICTLY LIMITED TO THE MINIMUM AMOUNT ALLOWED BY APPLICABLE LAW, AND UNDER NO CIRCUMSTANCES SHALL THE LICENSOR'S TOTAL LIABILITY EXCEED FIVE US DOLLARS ($5.00). THIS LIMITATION IS THE LICENSOR'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.
10. 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 St. Petersburg, Russia, in accordance with the rules of the St. Petersburg, Russia Arbitration Court. The Licensee shall defend and indemnify the Licensor 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 Licensee or a third party as a result of the Licensee's use of this site or the Licensee's use of any services offered on this site.
11. Payment. The Licensor accepts all major credit cards, bank transfers and money orders. Payments for all services must be made in accordance with the terms above.
12. Errors. The Licensor cannot be held responsible for any costs incurred as a result of incorrect dates or data input by the Licensee. It is the Licensee's sole responsibility to supply the correct dates and information for all services requested.
13. Passports and Visas. Passports and visa are the Licensee's sole responsibility.
14. Changes to the Licensee's reservation. If the Licensor causes any change to the Licensee's travel arrangements within 7 days of arrival and after confirming a requested service, the Licensor undertakes to offer a similar or superior standard of accommodation without additional cost to the Licensee, or a prompt and full refund of all monies paid. In the highly unlikely event that it is not possible to provide accommodation of a similar or superior standard, the Licensor will offer a prompt and full refund of all monies paid, unless the cause is by reason of force majeure. xv. Contact details. If the Licensee fails to provide his or her correct email address and telephone number with country code, the Licensor cannot be held responsible for the failure by the Licensee to receive documents and messages concerning the status of the Licensee's reservation. The Licensor reserves the right to cancel reservations when the Licensor is unable to contact the Licensee. Refunds, if any, will be in accordance with the above refund and cancellation policy.
15. PAYMENT OF THE LICENSOR'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 Licensee accepts these Terms and Conditions and authorizes the Licensor to charge the Licensee'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 Licensor to the Licensee. The Licensee agrees that placing a check in the check box on the payment page can and will be used by both the Licensee and the Licensor in lieu of the Licensee's physical signature and that placement of the check in the check box will hold the Licensee responsible for the fulfillment of his or her responsibilities under these Terms and Conditions. An electronic copy of the Licensee's acceptance of the Terms and Conditions will be stored in the Licensor's system and will be used to confirm to the Licensee's credit card Licensor and the Licensee's bank of the Licensee's acceptance of the payment charge. The Licensee understands and accepts this.
16. SEVERABILITY. In the event that any provision of these terms and conditions, or the License Agreement, is illegal, that provision shall no longer apply, but the remaining provisions shall continue in full force and effect.

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