Rockstar Hotels

TERMS AND CONDITIONS

These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement). These pages, the content and infrastructure of these pages, and the online accommodations reservation service provided on these pages and through the website (the "service") are owned, operated and provided by RockStar Hotels INC., and are provided for your personal, non-commercial use only, subject to the following terms and conditions set forth below.



1. Scope of Our Service

Through this website, RSHI will provide an online platform through which all types of temporary accommodation providers can advertise their rooms for reservation, and through which visitors to this website can make such reservations. By making a reservation through RSHI, you enter into a direct and legally binding contractual relationship with the accommodation provider from which you book. Once you’ve made your reservation, RSHI will act solely as an intermediary between you and the provider, transmitting the details of your reservation to the relevant accommodation provider and sending you a confirmation email for and on behalf of the accommodation provider.

You acknowledge and agree that when rendering our services, the information posted on the site is based on the information provided to us by accommodation providers. All accommodation providers are fully and solely responsible for updating all rates, availability and other accommodation information which is displayed on our website. Although we will use reasonable skill and care in performing our services, we will not and cannot verify if, and will not and cannot guarantee that all information is accurate, complete or correct. You further agree and acknowledge that RSHI cannot be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each accommodation provider remains solely and fully responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on the website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any accommodations made available.

Our services are made available for personal and non-commercial use only. Therefore, you agree that you are prohibited and strictly forbidden, including but not limited to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose whatsoever. Failure to comply with this will constitute a violation or breach of this agreement, of which user waives any notice of such violation or breach, for which the offending user shall be and remain responsible for, including but not limited to, all fees, costs, expenses, damages, including any and all attorneys fees, incurred by RSHI for the enforcement of this provision. The offending user further agrees to pay to RSHI $50,000.00 in liquidated damages, it being agreed that RSHI’S damages in the case of users breach or violation might be impossible to ascertain and this amount constitutes a fair and reasonable amount of damages under the circumstances and is not a penalty.


2. Prices & Offers

The prices on our site are highly competitive. All prices on the RSHI website are per room for your entire stay and are displayed including VAT tax and all other taxes (subject to change of such taxes), unless stated differently on our website or in the confirmation email. Applicable taxes may be charged by the accommodation in the event of a no-show or cancellation fee.

Sometimes less expensive rates are available on our website for a specific stay at a property, however, these rates made by accommodation providers may carry “special restrictions and conditions”, for example in respect to cancellation and refund. Please check the room and rate details thoroughly for any such conditions prior to making your reservation.

The currency converter contained on this site is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.

It is agreed and understood that obvious errors and mistakes (including misprints) are not binding.

All special offers and promotions are marked as such.


3. Privacy and Cookies

RockStar Hotels respects your privacy.


4. Free of Charge

Our service is provided free of charge to the user/member. When you become a member of RockStar Hotels, we will not charge you for our service or add any additional (reservation) fees to the room rate.

Accommodation providers pay a commission to RSHI after the guest has stayed at (and paid) the property.


5. Credit Card

If applicable and available, certain accommodation providers offer the opportunity for reservations to be paid (wholly or partly and as required under the payment policy of the accommodation) to the accommodation provider during the reservation process by means of secure online payment (all to the extent offered and supported by your bank). Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation provider through a third party payment processor.

For certain rates or special offers, please note that your credit card may be pre-authorized or charged (sometimes without any option for refund) upon reservation and confirmation of the booking. Please check the room details thoroughly for any such conditions prior to making your reservation.


6. Cancellation and No-show

By making a reservation with an accommodation provider, you accept and agree to the relevant cancellation and no-show policy of that accommodation provider, and to any additional (delivery) terms and conditions of the accommodation provider that may apply to your reservation or during your stay, including for services rendered and/or products offered by the accommodation provider (the delivery terms and conditions of an accommodation provider can be obtained with the relevant accommodation provider). The general cancellation and no-show policy of each accommodation provider is made available on our website on the accommodation information pages, during the reservation procedure and in the confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change. Applicable city/tourist tax may still be charged by the accommodation provider in the event of a no-show or charged cancellation. You consent and agree that you are solely and fully responsible to check the room details thoroughly for any such conditions prior to making your reservation. Please note that a reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant payment date in accordance with the relevant payment policy of the accommodation and the reservation. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you agree that you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the accommodation agrees or allows otherwise under its (pre)payment and cancellation policy.

If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the accommodation provider's cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We strongly recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.

If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the accommodation so they know when to expect you to avoid cancellation of your room or charge of the no-show fee. Our customer service department can help you if needed with informing the property. RSHI does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the accommodation, and you consent and agree that RSHI shall not be held liable or be subject by you (or any representative) to any suits, claims, actions of any kind made for damages, reimbursement, fees, costs of any nature whatsoever.

Failure to comply with this will constitute a violation or breach of this agreement, of which user waives any notice of such violation or breach, and for which the offending user shall be and remain responsible for, including but not limited to, all fees, costs, expenses, damages, including any and all attorneys fees, incurred by RSHI for the enforcement and or defense of this provision.


7. (Further) Correspondence and Communication

By completing a booking, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your reservation and destination, and (ii) an email which we may send to you promptly after your stay inviting you to complete our guest review form.

You acknowledge and agree that RSHI is not liable or responsible for any communication with the accommodations on or through its platform. You agree that you cannot and will derive or attempt to derive any rights from any request to, or communication with the accommodations or (any form of) acknowledgement of receipt of any communication or request. You further agree that RSHI cannot and will not guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the accommodations.


7B. USER’S DUTY TO PROVIDE PROPER AND RELEVANT INFORMATION:

In order to duly complete and secure your reservation, you will always need to use your correct and up-to-date email address. You acknowledge and agree that RSHI is not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.


8. Disclaimer

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, you consent and agree that RSHI shall only be limited and liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events). You agree to waive any, including but not limited to, fees, costs, expenses of any kind or nature (including attorneys fees) whatsoever aside from the direct damages stated above. It is further agreed and understood that neither RSHI nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others acting on our behalf involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for:

(i) any punitive, special, indirect or consequential loss or damages whatsoever, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation or loss of claim in any form whatsoever for;

(ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the accommodation as made available on our website;

(iii) the services rendered or the products offered by the accommodation provider or other business partners;

(iv) or for costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website;

(v) or for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the accommodation or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

Whether the property you stay at charges you (or has charged you) for your room, or we are facilitating the payment of the room price, you consent, agree and acknowledge that the property is at all times solely responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the room price to the relevant tax authorities. You agree and acknowledge that RSHI is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the room price to the relevant tax authorities.

By uploading photos/images onto RSHI’S system (for instance in addition to a review) you certify, warrant, represent and agree that you legally (in every sense of the term) own the copyright to (and the ability to publicly reproduce) these photos/images and that you consent, agree and acknowledge that RSHI intends to use these uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as RSHI’S, in its sole discretion, sees fit. You fully agree, consent and acknowledge that RSHI shall have a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, distribute, sublicense, communicate and make available the photos/images RSHI, IN its SOLE discretion, in any way RSHI sees fit.

By uploading these photos/images, the person/persons/party/parties/entity that uploaded the image(s) accepts sole and full legal responsibility for any and all claims or actions that are made by any third parties (including, but not limited to, property owners) as the result of RSHI’S publishing and use of these photos/images provided by you. It is agreed and understood that RSHI does not own or endorse the photos/images that are uploaded by you. You consent, agree and acknowledge that the truthfulness, validity and right to use of all photos/images is assumed by the person/persons, etc. that uploaded the image(s), and is not the responsibility in any manner whatsoever of RSHI.

It is agreed and understood that RSHI is not responsible nor liable for the unwarranted or unauthorized use of any said image(s) posted. In addition to ownership and the granting of authority to use said image(s) the person/party that uploaded the photo on RSHI’S site further warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by RSHI, in its sole discretion, at any time and without prior notice.

The party/entity, etc. that uploaded any images on RHSI’S site specifically holds RSHI harmless and will indemnify RSHI from any claims or damages made whatsoever by any and all 3rd parties/entities, etc., including any and all attorneys fees necessary to defend any claims, suits, etc.


9. Intellectual Property Rights

Unless stated otherwise, the software required for our services or available on or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by RSHI, its suppliers or providers. RSHI exclusively and solely retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper/deep) link to, publish, promote, market, integrate, utilize, combine or in any manner whatsoever otherwise use or reproduce the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or guest reviews, you hereby assign, transfer and grant any and all such intellectual property rights to RSHI. you agree and consent that Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement and breach of our intellectual property rights (including copyright and database right), OF which you (violator) waives any notice of such violation or breach, for which the offending violator(s) shall be and remain responsible for, including but not limited to, all fees, costs, expenses, damages, including any and all attorneys fees, incurred by RSHI for the enforcement of this provision. The offending user further agrees to pay to RSHI $50,000.00 as liquidated damages, it being agreed that RSHI’S damages in the case of user’s breach or violation might be impossible to ascertain and this amount constitutes a fair and reasonable amount of damages under the circumstances and is not a penalty.


10. Miscellaneous

The original UK English version of these terms and conditions may have been translated into other languages. The translated version is provided as a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the UK English version and any other language version of these terms and conditions, the UK English language version to the extent permitted by law shall apply, prevail and be conclusive. The UK English version is available on our website (by selecting UK English language) or shall be sent to you upon your written request.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you consent, agree and will fully abide by any similar enforceable remedy that will produce a similar effect which will be mandated by RSHI alone as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.


11. About RockStar Hotels

The online accommodation reservation service is rendered by RockStar Hotels. which is a private limited liability company, incorporated under the laws of the U.S.A. and has its offices at 2121 N. Ocean Blvd, Suite 505e, Boca Raton, FL 33431 RockStar Hotels has its headquarters in the U.S.A.


12. Governing Law and Disputes

RockStar Hotels is committed to customer satisfaction. We will always be available to try to resolve any concerns or problems with our services that you may have. If we are unsuccessful, you may pursue a claim against RockStar Hotels as explained in this Disputes Provision, however, you consent and agree that before resorting to any type of 3rd party intervention, you attempt to resolve any and all disputes and/or claims with RSHI directly through no less than two (2) certified mailings, return receipts requested, to our address stated, along with a detailed account of any complaint. It is agreed and acknowledged that it is mandatory that the claimant submit any and all documentation that you believe supports your claim. Failure to abide by these initial resolution provisions will prevent you from filing any suits or claims for intervention. You further consent and agree that if you fail to comply with these dispute provisions and move directly to suit or claim, you will agree to have your claim or suit discontinued or dismissed until you comply with the terms of this provision and will hold harmless and indemnify RSHI for any cost, expenses, fees of any nature having to address this violation.

This Disputes Provision lays out: (1) the initial process you must follow by reporting your claim to RockStar Hotels prior to filing any arbitration or lawsuit in accordance with this Disputes Provision; and, if we are unable to resolve your claim, (2) the recourse that you have to arbitration.

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with the United States law. By using this website, you agree that any and all disputes arising out of or relating to your use of this website, or other services provided by RSHI in connection with your use of this website (including the interpretation and scope of this clause and the ability to arbitrate the dispute), will be resolved via mandatory, binding arbitration.

Nothing in this Disputes provision shall be read to create any legal rights that do not otherwise exist under the law or constitute any waiver of any personal jurisdiction defense, nor shall this Disputes provision give you the right to pursue any claim for relief that is not cognizable under the law.

As stated above, Prior to initiating arbitration, as discussed further below, you must give us an opportunity to resolve any complaints you have relating to your use of the RockStar Hotels website, any dealings with our customer service agents, any services or products provided, or our Privacy Policy by submitting them to RSHI (the “Internal Review Procedure”) in the manner directed above. Your email to RSHI beginning the Internal Review Procedure must contain the following information: (1) your name, (2) your address, (3) the email address you used to make your reservation, (4) your reservation number, (5) the date of your reservation, (6) the name of the property that you reserved, (7) a brief description of the nature of your complaint, and (8) the resolution that you are seeking (together, the “Required Information”).

Additionally, the subject line of your email must state, “Request Under Disputes Provision.” If your email does not have this subject line, or if it does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then you have not effectively begun the Internal Review Procedure, which it is agreed is mandatory before initiating any arbitration or other legal action against RockStar Hotels. If we are not able to resolve your complaint within 60 days of your starting the Internal Review Procedure, you may seek relief as laid out in this Disputes Provision.

Arbitration shall be initiated through and administered by the American Arbitration Association (“AAA”).

Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that RockStar Hotels will select an alternative arbitral forum, and that you will agree in writing to administration of the arbitration by the alternative arbitral forum selected by RockStar Hotels.

You consent and agree that in order to initiate arbitration, you and RockStar Hotels each shall be equally responsible for paying the filing fees required by the AAA.

Arbitration will be conducted in accordance with the AAA’s rules. If there is a conflict between the AAA’s rules and this Disputes Provision, the terms of this Disputes Provision will govern. The rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If the AAA is unable or unwilling to administer the arbitration for any reason, then arbitration will proceed in a substantially similar fashion as it would under the AAA’s rules.

You consent and agree that the arbitration will be conducted by one arbitrator, who will be appointed by the AAA. You agree that the arbitration will be conducted in the English language. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you request an in-person or telephonic hearing or the arbitrator determines that an in-person or telephonic appearance is required. In the case of a hearing, the presumption shall be in favor of a telephonic hearing, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. RockStar Hotels will ordinarily request that the hearing be held in Chicago, Illinois.

You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that in the event of an in-person hearing, any RSHI employee or affiliate who is based outside of the United States and who is participating in the hearing may participate by telephone or video conference, and his or her physical presence will not be required.

Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. This agreement to arbitrate is made under and will be governed by and construed in accordance with the laws of the Netherlands, consistent with the Federal Arbitration Act, without giving effect to any choice-of-law principles that provide for the application of the law of another jurisdiction.

The arbitration will be confidential, and neither you nor RSHI may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.

Ordinarily, pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your booking and communications directly about that booking among you, RSHI, and the accommodation(s) that are the subject of your dispute with RSHI. Any issues regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, and the arbitrator’s determination will be conclusive.

You agree and consent that the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. There will be no right or authority for any claims to be arbitrated on a class action basis. You understand and agree that, by accepting these terms and conditions, you and RockStar Hotels are each waiving the right to a trial by jury or to participate in a class action with respect to the claims covered by this mandatory arbitration provision. You agree and acknowledge that you are freely and knowledgeably giving up your right to go to court to assert or defend your rights. You consent and agree that your rights will be determined by a neutral arbitrator, and not a judge or jury. You are waiving any jury trial. You consent and agree that the arbitration procedures mandated by this Disputes Provision are simpler and more limited than the procedures applicable in most courts. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.

You consent and agree that any and all claims brought against RSHI must be resolved in accordance with this Disputes Provision. You acknowledge and agree that all claims filed or brought contrary to this Disputes Provision, including claims not first submitted through the Internal Review Procedure, will be considered improperly filed, void and immediately dismissed or discontinued with prejudice. Should you file a claim contrary to this Disputes Provision, RSHI will notify you in writing of the improperly filed claim, and you must promptly withdraw or discontinue the claim.

This Disputes provision was amended by RSHI effective April 7, 2016. If you have a claim that relates to a booking made prior to that date, you may choose to proceed under the provision in effect when you made your booking. If you would like to do that, please so indicate in your claim submission. Otherwise, by submitting a claim, you agree that this Disputes provision will apply to your claim.