Terms and Conditions of Sale
For Online Hotel Bookings and Related Goods and Services
Posted: October 4, 2022
General Information
This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.
These terms require arbitration to resolve disputes, rather than jury trials.
By placing an order for products or services from this Website, you affirm that you are of legal age to enter into this agreement, and you accept you are bound by these Terms and Conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.
You may not order or obtain products or services from this Website if you do not agree to these terms or are not at least eighteen (18) years of age or are prohibited from accessing or using this Website or any of this Website’s contents, good or services by applicable law.
These Terms & Conditions of Sale apply, without restriction or reservation, to all purchases of services for booking hotel rooms and related services (“the Services”), as well as gift cards offered by The Jefferson Hotel (“the Service Provider” or the “Hotel”)) directly or through a third-party service provider, to non-business customers and Guests (“The Guests or the Guest”) on the Hotel's Website. The key characteristics of Services are presented on the Hotel’s Website. The Guest is invited to acquaint themself with them before making a booking. The choice of and purchase of a Service is the Guest's sole responsibility. These Terms are an integral part of the Website Terms of Use (www.jeffersonhotel.com/terms-of-use) that apply generally to the use of our Website. You should also carefully review our Privacy Policy (www.jeffersonhotel.com/privacy-policy) before placing an order for products or services through this Website.
The Guest declares that they have read these Terms & Conditions of Sale and have accepted them by ticking the box intended for this purpose, before completing the online booking procedure, as well as the Terms & Conditions for Using the Hotel’s Website and the Privacy Policy.
Confirmation of the booking of Services by the Guest implies the unrestricted and unreserved acceptance of these Terms & Conditions of Sale.
As these Terms & Conditions of Sale may be subject to subsequent amendment, the applicable version for the Guest’s purchase is that appearing on the Website on the booking date.
These Terms & Conditions of Sale are applicable for the period for which the services offered by the Hotel are online on the Hotel's Website. The Hotel reserves the right to temporarily or permanently close access to its Website.
Definitions and Interpretations
Without having previously been defined, the terms used herein beginning with a capital letter have the meanings set out below:
Guest” means a natural person, above the age of 18, acting to satisfy their personal requirements and with the full legal capacity to commit themself to these general terms and conditions.
“Booking confirmation” means the document summarizing the details of the booking made by the Guest sent to the Guest by the Website or Hotel.
“Hotel's Website” or “Hotel Website” means the Hotel's dedicated website, which is accessible at the following addresses: www.jeffersonhotel.com and/or lemairerestaurant.com
Order Acceptance and Cancellation
You agree that your order or booking is an offer to purchase, under these Terms, all products and services listed in your order or booking. All orders and bookings must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders or bookings at our sole discretion, even after we send you a confirmation email with your order or confirmation number and details of the items you have ordered or the room you have reserved.
Rates
The Services offered by the Service Provider are provided at the rates appearing on the Hotel’s Website when the booking is recorded by the Service Provider. The prices are in USD. The rates take account of possible reductions that may be granted by the Service Provider under the conditions specified on the Hotel’s Website. These rates are fixed and non-adjustable for their validity period, as stipulated on the Hotel's Website, with the Service Provider reserving the right to amend the prices at any time, outside this validity period. The rates are displayed before and at the time of the booking made by the Guest. They apply per room for the selected number of guests and date.
We may offer from time-to-time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
At checkout, the rates are confirmed to the Guest as a figure including applicable local, state and federal taxes, resort fees and any other surcharges.
The payment requested from the Guest corresponds to the total value of the purchase.
Unless stipulated otherwise on the Website, related services (breakfast, parking, etc.) are not included in the price.
A bill is produced by the Hotel and issued to the Guest when the Services booked are provided. All applicable taxes are shown at the applicable rate on the day of the booking; any changes in the applicable rate of any relevant tax will be automatically applied to the stated rates on the billing date. The same shall apply to all amendments or introductions of new legal or statutory taxes imposed by the relevant authorities.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept all major credit cards for all purchases. You represent and warrant that:
- The credit card information you supply to us is true, correct and complete.
- You are duly authorized to use such credit card of the purchase.
- Charges incurred by you will be honored by your credit card company.
- You will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Payment Terms
Guests are required to enter their debit or credit card details as a guarantee.
The Guest confirms that they are aware of the nature, purpose and procedures for booking Services offered by the Hotel and has requested and obtained the necessary information to proceed with his or her booking in full knowledge of the facts. He or she is solely responsible for his or her choice of services and that they are commensurate with his or her requirements, such that the Hotel may not be held liable in this respect.
A booking is recorded on the Hotel’s Website when the Guest accepts these Terms & Conditions of Sale by ticking the box intended for this purpose and confirming their booking. The Guest has the opportunity to check the details of their booking and its total price, and to correct possible errors, before confirming their acceptance. This confirmation implies acceptance of the entire Terms & Conditions of Sale and constitutes proof of a contract of sale.
On check-in, the Guest shall present the Hotel with the debit/credit card that was used to pay for the booking. The Guest may be asked to provide a form of identification as part of debit/credit card fraud prevention procedures.
The Hotel shall not be obliged to provide Services ordered by the Guest if the price has not been paid in full under the conditions specified above.
Payments made by the Guest shall not be considered definitive until the amounts due have actually been received by the Hotel.
Outside Vendors
The Hotel may, at its discretion, employ the services of third-party vendors to assist in booking room reservations, and selling gift cards. Guests desiring to make use of either of these vendors in connection with services provided by the Hotel are assumed to have familiarized themselves with all relevant terms and conditions of such third-party vendors where provided.
Provision of Services
Services booked by the Guest, including hotel room booking services and related services, shall be provided according to the Hotel’s requirements for booking and checking-in:
- Guests, not traveling with a parent or guardian, must be at least 21 years old to check into the Hotel.
- Valid photo identification and payment method must be provided at time of check-in. Funds utilized for room, tax and $100 of incidentals per person, per day will be withheld upon check-in. Any unused funds will be released upon departure and returned to the account at the discretion of the financial institution that issued the card.
- Check-in time is 4:00pm EST and check-out time is 12:00pm EST. An additional night’s room and tax will apply if the guest room is vacated later than the agreed upon check-out time.
- Guests must agree upon check-in to pay for all damages to their guest room. The Jefferson Hotel is a non-smoking facility and smoking is not permitted. Guests found to have smoked in their guest room will be charged $1,000 per day for a non-suite accommodation and $2,000 for suites. Other damages to the guest room or compensation to other guests resulting from an incident involving a guest room, will be charged to the responsible Guest’s bill at the Hotel’s discretion.
Shipments; Delivery; Title and Risk of Loss
In the event a product sold to the Guest through the Hotel site, we will arrange for shipment of the products to you, where applicable. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping and delivery of your order.
Title and risk of loss pass to you upon our transfer of the products to the carrier for any physical product, or upon delivery of any electronic gift card, gift certificate or other specified non-tangible product. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Cancellation Policy
The Hotel’s cancellation policy can be found here: Reservations must be changed or cancelled by 4pm EST time one day, prior to arrival to avoid penalty charge of one night’s room and tax.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall only apply to the extent permitted by.
Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy, www.jeffersonhotel.com/privacy-policy, governs the processing of all Personal Information collected from you in connection with your purchase of products or services through the Website.
Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction
This Website is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Virginia.
Dispute Resolution and Binding Arbitration
YOU AND THE JEFFERSON HOTEL ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE JEFFERSON HOTEL WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of The Jefferson Hotel.
No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Notices
To You: We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us: To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to 804-225-0334 or (ii) by personal delivery, overnight courier, or registered or certified mail to Webmaster, The Jefferson Hotel, 101 West Franklin Street, Richmond, VA 23220. We may update the facsimile number or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Entire Agreement
These Terms, any order or reservation confirmation, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.