Last Updated February 21, 2022
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE BOOKING A RESERVATION. THIS IS A BINDING LEGAL AGREEMENT. BY BOOKING A RESERVATION, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT BOOK A RESERVATION OR STAY AT THE INN AT ORIENT IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.
2.1 The Inn at Orient
The Inn at Orient (“The Inn”) is an inn being operated at 25500 Main Road in the town of Orient, in Suffolk County, New York, in the United States of America. The Inn is licensed by the Town of Southold and Suffolk County to operate as five-room Bed and Breakfast. “The Inn at Orient” is a Trade name owned by Konohassett LLC with its corporate headquarters at 25500 Main Road, Orient, New York, United States of America. The Inn and Konohasset LLC is collectively referred to in these Terms and Conditions as “The Inn”, “we”, “our” and “us”. Further information regarding The Inn can be referenced on our website, www.theinnatorient.com (referred to as “the Site”). Terms and Conditions related to The Site are located at https://www.theinnatorient.com/website-terms).
2.2 The Guest
Anyone who books a reservation at the Inn either through a booking service or directly with an employee of The Inn and or stays at The Inn is referred to as “the Guest”, “the Client”, “you”, “your”, and “yours” in these Terms and Conditions.
3.0 Conclusion of the Contract, Contracting Parties, and Contract Liabilities
3.1 Contract Establishment
The contract becomes effective with The Inn’s acceptance of a reservation request. The Inn will confirm the booking of rooms in a written form via email or through a third-party booking service. A contract does not exist until it is confirmed in writing by The Inn or a third-party booking service through an email.
3.2 Contracting Parties
Contracting parties are The Inn and the Client, any Guests of the Client, and any third-party agents acting on behalf of the Client.
3.3 Third-Party Agents
If a third-party orders on account of the Client, the third party is jointly and severally liable with the Client for all contractual obligations provided The Inn has contracted a booking with the third-party agent directly.
4.0 Obligations Related to Service, Price, Payment, Invoicing
4.1 Room Ready
The Inn is obliged to have the rooms ready for the client and to provide the lodging service as contracted and with room and other amenities as advertised on The Inn’s website www.theinnatorient.com.
4.2 Client Must Pay
In order to use the room(s) and any applicable additional service(s) the client is obliged to pay the price as contracted.
4.3 Applicable Local Taxes
In addition to the room rate charged, The Inn will charge the client the applicable New York State Sales tax and Suffolk County Motel Hotel tax in effect at the time of the stay.
4.4 Adjustment to the Price due to Amendment
The Inn reserves the right to adjust prices in case the Client requires later amendments (that The Inn has agreed to) regarding the contracted number of rooms, services, length of stay, or other requests.
4.5 Client to be billed and to pay at the time of booking
The Client will be billed at the time of booking and payment is due and payable at that time, unless alternate terms are agreed upon by The Inn and the Client. Payment may be made by a valid credit or debit card.
5.0 Cancellation Policy
5.1 Cancellation of the Contract by the Client
Except for our Extenuating Circumstance Policy (see Section 5.3 of these terms and conditions), if as a Guest you must cancel a Reservation, the amount refunded to you is determined as follows:
- To receive a full refund, guests must cancel at least 30 days before check-in
- If you cancel between 7 and 30 days before check-in, a 50% refund will be allowed
- If you cancel less than 7 days before check-in, no refund is allowed
- Guests can also receive a full refund if they cancel within 48 hours of booking, if the cancellation occurs at least 14 days before check-in
- There will be no refund allowed after that except as noted in Section 5.3 of this contract
5.2 Payment for Non-Use
Except for any cancellation and refund that is allowed as noted above, the contracted price is to be paid even if the client does not use the accommodations. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy, which is explained below in Section 5.3.
5.3 Extenuating Circumstances Policy for Guests
This Extenuating Circumstances Policy explains how cancellations are handled when unforeseen events beyond your control arise after booking and make it impracticable or illegal to complete your reservation. Guests that are impacted by an event covered by this Policy can cancel their reservation and receive a full cash refund. This Policy uses the term “Event” to refer to the following situations that occur after booking, are unforeseen at the time of booking, and prevent or legally prohibit completion of the reservation.
- Changes to government travel requirements. Unexpected changes to visa or passport requirements imposed by a governmental agency that prevent travel to the destination. This doesn’t include lost or expired travel documents or other personal circumstances relating to a Guest’s authorization to travel.
- Declared emergencies and epidemics. Government declared local or national emergencies, epidemics, pandemics, and public health emergencies that do not allow your stay to be completed. This does not include diseases that are endemic or commonly associated with the area—for example, West Nile Virus or Lyme disease outbreaks.
- Government travel restrictions. Travel restrictions imposed by a governmental agency that prevent or prohibit traveling to, staying at, or returning from the Listing location. This does not include non-binding travel advisories and similar government guidance.
- Military actions and other hostilities. Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, riots, insurrection, civil disorder, and civil unrest that impact the Suffolk Country area or otherwise interfere with your travel to the extent it is not possible for you to travel to The Inn.
- Natural disasters. Natural disasters, acts of God, large-scale outages of essential utilities, volcanic eruptions, tsunamis, and other severe and abnormal weather events. This does not include weather or natural conditions that are common enough to be foreseeable in New York—for example a routine snowstorm or northeaster that does not materially impact your ability to complete your stay at The Inn.
What is not covered
- Everything else. This Policy only allows for cancellations for the Events described above. Everything else is excluded. Examples of situations that this Policy does not allow cancellations for include: unexpected disease, illness, or injury; government obligations like jury duty, court appearances or military duties; travel advisories or other government guidance (that fall short of a travel ban or prohibition); cancellation or rescheduling of an event for which the reservation was made; and transportation disruptions unrelated to a covered Event like road closures, as well as flight, train, bus and ferry cancellations. If you cancel a reservation in these cases, the amount refunded will be determined by the cancellation policy outlined in Section 5.1 of this agreement.
5.4 Cancellation of the Contract by The Inn
The Inn has the right to cancel the contract if
- a contracted advance payment is not made even after an appropriately extended deadline with a notice of rejection having been sent to the Client, The Inn has the right to withdraw from the contract.
- if there is a valid reason for cancellation such as force majeure or other circumstances beyond the control of The Inn makes fulfillment of the contract impossible, such as
- rooms are booked under misleading or false statements regarding the person or the purpose of the stay
- The Inn has reasonable grounds to assume that use of our services may endanger the operations, the security or the image of The Inn.
Assuming withdrawal of the contract is initiated by the Inn subject to these terms, the client is not entitled to claim damages, however a full refund will be provided based on what was actually paid by the Client in order to secure the booking.
6.0 Use of Rooms, Service and Return
6.1 Check-in Time
Rooms booked are available to the client on the contracted arrival date from 3pm onward. The Client cannot claim for earlier availability, although The Inn will do its best to accommodate any requests made for earlier check-in.
6.2 Check-out Policy
Rooms must be checked out no later than 11:00am on the contracted departure date. If check-out occurs after this time, The Inn has the right to charge 50% of the best available public rate for the additional use of the room until 6 pm on top of any damages incurred. If the room is not checked out of after 6pm, 200% of the best available public rate will be charged for each additional 24-hour period on top of any damages incurred. In addition, at this point, The Inn will take all legal remedies available to it to remove the Client, and any costs and or damages incurred in relation to this removal will be charged to the Client.
6.3 Accessible Areas of the Inn
During your stay Guests will be allowed in their individual rooms, in the public hallway on the second floor, in the stairwell between the first and second floors, in the foyer, living room and dining room on the first floor, on the wrap-around porch located on the front of The Inn, and parking areas of The Inn, on the brick patio, and on the front and side yards of the property. All other areas are restricted areas that are not for Guests.
7.0 COVID-19 Pandemic or other Related Health Mandates
The Inn will follow the guidance of the Centers for Disease Control and Prevention, the Occupational Safety and Health Administration, the New York State Board of Health, and the Suffolk County Department of Health Services regarding all health-related measures that should by followed by The Inn regarding health and safety. This could include mandating mask wearing in The Inn, taking Guest temperatures, requiring attestations regarding your vaccine status and or how you are feeling, requiring certain social distancing measures, as well as other possible measures. As of the date of these Terms and Conditions being published, we require that Guests that are not vaccinated against COVID-19 wear a mask when indoors in the public areas of The Inn, and any employees of the Inn are required to wear masks when Guests are present. These measures are subject to change based on the evolving state of the COVID-19 pandemic and as a part of your booking a room at the Inn you agree to comply with all measures in place at The Inn during the dates of your stay. If you book a room and the Terms and Conditions related to this measure are updated, we will immediately notify you of those changes via email.
8.0 Liability of The Inn
The Inn is liable with the due care and diligence of a prudent businessman for its contractual obligations. The Client has no right to claim for compensation. Should there be any disturbance or imperfection in service, The Inn will resolve the matter upon notice by the Client.
To the maximum extent permitted by law, we and third parties connected to us hereby expressly exclude any other liability for any direct, indirect or consequential loss or damage incurred by any Client or Guest in connection with your stay including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
8.2 Tangible Assets
The Inn is potentially liable for any loss related to the tangible assets of the Client according to legal requirements, which in New York state is limited to $500 for clothing and any personal property, and up to $1,500 for cash, securities and valuables located in a safe or a safe deposit box. The Inn does not provide a safe or a safe deposit service.
8.3 Claim Period Waiver of Rights
Liability claims expire if the Client does not notify The Inn immediately upon knowledge of loss, destruction or damage. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO YOUR STAY BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
8.4 Motor Vehicle Liability
The Inn is not liable in case of loss or damage of motor vehicles and or their contents parked or driven on The Inn property, except in the case of intent or gross negligence. This also applies to employees, or any third-party contractors engaged by The Inn.
8.5 Messages, Correspondence and Consignments
Messages, correspondence and consignments for Guests are handled with due care. The Inn will take care of the delivery, storage and (if requested) forwarding at the Client’s costs. The Client has no right to claim for compensation except in the case of intent or gross negligence.
IN THE EVENT THE INN IS HELD LIABLE FOR ANY DAMAGES RELATED TO YOUR STAY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU.
8.7 Gross Negligence and other Circumstances not covered by Waiver
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.
8.8 Your Obligations to Defend and Cooperate
You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
9.0 Liability of the Client
9.1 Responsibilities of the Guest and the Client
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to The Inn. For example, this means:
- you are responsible for leaving your room or rooms in The Inn (and related personal property) in the condition it was in when you arrived, allowing for the normal use and wear of the room and facilities that would be expected of a typical Guest
- you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you or your Guest(s) cause to The Inn
- you must act with integrity, treat others with respect, and comply with applicable laws at all time
- If you are booking for an additional Guest who is a minor or if you bring a minor to The Inn, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
9.2 Guest’s and Client’s Assumption of Risk
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to The Inn, participation in any activities during your stay, and use of any service arranged for by The Inn.
The Inn and the Inn’s website will collect information from you that is private and confidential. The Inn’s Privacy Statement for Guests is available at this link https://www.theinnatorient.com/privacy.
11.0 Other Provisions
11.1 Pet Policy
Pets and Service Animals are not allowed in The Inn or on The Inn property.
11.2 Smoking Prohibited
Smoking of any cigarettes, pipes, vaping devices, or any other similar devices or means is not allowed in The Inn or on The Inn property.
11.3 Subletting or Reletting
Subletting and re-letting of the rooms as well as the use for any purpose other than accommodation is forbidden.
11.4 Children Policy
Minors under the age of 12 are not allowed to stay at the Inn unless (1) the Client is renting all the rooms of The Inn at one time and (2) this is preapproved by The Inn.
11.5 Room Occupancy Limit
All Rooms for rent in The Inn have an individual occupancy limit of two persons.
Parking is allowed on the premises, is at the owner’s risk, and is complimentary.
11.7 Beach Passes
The Inn has a limited number of beach passes that provide the user access and or parking at select beaches in the Town of Southold. While these are complimentary, we have only a limited number of passes, which will be distributed on a first-come, first-serve basis.
12.0 Governing Law
These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the State of New York, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute may be filed only in the state or federal courts located in the State of New York, United States.
13.0 Other Provisions
Alterations or supplements to the contract, the acceptance of the order or the Terms and Conditions for Hotel Accommodation must be in writing. Unilateral alterations or supplements added by the client are ineffective.
13.2 Place of Fulfillment and Payment
The place of fulfillment and payment is the street address of The Inn, which is 25500 Main Road, Orient, New York.
Should certain provisions of these Terms and Conditions become invalid or void, the effectiveness of the remaining provisions is not affected.
15.0 Date Last Updated
The “Last Updated” legend at the top of this page indicates when these Terms and Conditions were last revised. Any changes will become effective when we post the revised Terms and Conditions on The Site. If you would like to review the version of the Terms and Conditions that were effective prior to this revision, please contact us.
If you have questions about these Terms and Conditions, please send an e-mail to email@example.com
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