Terms & Conditions
Last Modified: December 15, 2016
2. CHANGES TO THESE TERMS
3. ACCESSING THE WEBSITE
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to certain users.
4. INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, Komunely display, Komunely perform, republish, download, store, or transmit any of the material on our Website without our prior written consent. The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any such marks or content on this Website by or through your use of the Website.
5. PERMITTED USES
6. RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
7. NO OFFERS
8. LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
9. DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE AND ITS CONTENT ARE AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITS CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
12. ARBITRATION AND GOVERNING LAW
13. LIMITATION ON TIME TO FILE CLAIMS
14. BEST RATE POLICY
Book a room using a Komune reservation channel (www.komuneresorts.com, or directly at the hotel).
If within 24 hours of making your reservation, you find a lower hotel rate for the same room type and reservation dates, take a screenshot of your finding (including dates, room type, website and booking info) and email to email@example.com, we’ll match the rate + give you an extra 15% discount on the room. If the lower rate is from Booking.com's Genius loyalty program, Expedia Rewards, or any other online travel agent exclusive program, we'll beat it by 5%.
RATE TYPE EXCLUSIONS
The guarantee does not apply to the following rate types:
Rates not Komunely available, such as negotiated corporate, group rates, travel coupons, or membership rates.
Qualified discount rates including but not limited to Government/Military and rates made available exclusively to Friends & Family loyalty program
Rates that require a paid membership in a club or other organization, or approved by Komune for the discounted rates, such as AAA.
Package rates that include room and other components such as travel, car rental, entertainment and/or non-breakfast meals.
Package or group add-on rates that extend the length of a stay.
Rates negotiated for stays extending beyond 30 nights.
Rates available on auction websites.
Rates available on websites that do not disclose the hotel brand until the reservation is completed, such as Priceline and Hotwire.
The “Comparison Rate” must be found, and an email with screen shot of your finding (including dates, room type, website and booking info) must be sent to reservationsny@Komunehotels.com, 24 hours of booking the reservation through the Komune reservation channel. It also must be for the same room type and reservation dates. The same cancellation and advance purchase policies, and other terms and conditions governing the rates must apply. In addition, if the Comparison Rate is found on the day of arrival, the claim must be submitted by 10:00 p.m. of that day in the hotel’s time zone in order to ensure timely processing.
Komune will verify the Comparison Rate within 24 hours of receiving your claim and notify you of the results.
When multiple rates for the same reservation dates, and room type are available through the Komune website channel you must reserve the lowest rate to be eligible for the guarantee.
The Comparison Rate must be reservable by the general Komune and be verifiable by Komune as resulting in an actual hotel reservation. If the Comparison Rate is offered through a Komune channel, you must reserve that rate to qualify for the guarantee. Komune will not charge a cancellation fee. If the Comparison Rate is reserved through a non-Komune channel, Komune is not responsible for any fees or other costs incurred due to cancellation of a reservation. Screen images of comparison offers will be used to assist with claim review procedures but will not be accepted as validation of a comparison offer.
Rate comparison will be made net of any taxes, gratuities, or any other fees associated with the room rate, and the Comparison Rate must still be available at the time Komune validates the claim. Rate disparities primarily attributable to fluctuations and/or differences in currency exchange rates are excluded from the guarantee. Komune may deny claims where the difference between the comparison daily rate and the daily rate on the Komune reservation channel is less than $1.
Comparison Rates applicable to only a portion of your entire scheduled stay will not be honored; nor will they be valid for a multi-day stay if the total room cost of the stay is the same or greater than the total room cost through the Komune channel.
Void where prohibited by law. Komune reserves the right to modify or cancel the guarantee at any time without prior notice.