By making a reservation to stay at a Refresh Collection Property, you are consenting to be bound by these Reservation Terms and Conditions (“Terms”). These Terms are a binding legal agreement between you and The Refresh Collection LLC that govern your use of the Site, and your reservation and occupancy of accommodations. These Terms govern all properties managed by The Refresh Collection LLC, and the specific property for which you have made a reservation shall be referred to herein as the “Property”.
PLEASE READ THESE TERMS CAREFULLY BEFORE BOOKING YOUR RESERVATION, BY BOOKING YOUR RESERVATION, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THESE TERMS AS SET FORTH HEREIN. We reserve the right to change, update, or correct these Terms or any information contained herein at any time without notice other than by posting amended terms to our website www.freshcoastmotel.com (“Site”). If you do not accept these Terms, exit the reservation system or cancel your booking immediately.
- BOOKING. The Refresh Collection permits direct and indirect bookings through its Site and other third-party service providers, including but not limited to sites like Booking.com, Expedia, Airbnb and VRBO. Bookings made through a third-party service provider are subject to the terms and conditions of the service provider. To the extent that these Terms conflict with the terms and conditions of a third-party service provider that you use to reserve accommodations with a Refresh Collection property, the third-party service provider terms shall govern. You acknowledge and understand that The Refresh Collection may not be able to modify, cancel, or refund your reservation if you book through a third-party provider.
- ELIGIBILITY. You must be twenty-five years of age or older to reserve a room on the Site. Age restrictions for booking via a third-party service provider shall be set by the provider. You must be twenty-five years of age or older and present valid photo identification prior to check-in. The Refresh Collection reserves the right to deny entry and cancel a reservation without refund if valid proof of identification is not presented upon check-in. By booking accommodations with a Refresh Collection property, you represent and warrant that you are legally authorized to make the reservation for yourself or another person for whom you are authorized to act. The Refresh Collection reserves the right to cancel or modify a reservation where it appears it has been made fraudulently or where it appears a reservation resulted from a mistake, error, or from an attempt to circumvent these Terms.
- PAYMENT. All reservations must be paid in full at the time of check-in. Payments for reservations may differ depending on how you book your reservation. Payment for reservations made through third-party sites shall be governed by the third-party provider. Please note, payments made through third-party sites may be non-refundable. We are not responsible for payments made via third-party sites. For reservations made through the Site, fifty percent (50%) of the total reservation fee shall be paid at the time of booking, and the remainder shall be paid fourteen (14) days prior to the reservation date. For reservations booked less than fourteen (14) days prior to the reservation date, payment shall be due in full on the date the reservation is booked. For purposes of these Terms “days” shall mean calendar days. The Refresh Collection reserves the right to use third-party payment processors to process payments via the Site and by making payment through the Site, you agree to review the terms and conditions of such third-party payment processor and become bound thereby.
- SECURITY DEPOSIT. In addition to the payment outlined in Section 3, when submitting payment a hold will be placed on your payment method in the amount of $200 per room as a security deposit. We reserve the right to deem any part, or all, of the hold non-refundable for any breach of these Terms or as a result of any damage or theft to the property caused by you, your guests, and your invitees. Deductions from the hold include, but are not limited to, costs attributable to removing any smoke smell or smoking-related damage, damage to or theft of any personal property in the room or common areas, and damage caused on the exterior of the motel.
- CANCELLATION POLICY. Refundable reservations booked via the Site may be canceled and refunded up to fourteen (14) days prior to your reservation date. You acknowledge that all reservations made via the Site shall become non-refundable fourteen (14) days prior to your reservation date. Non-refundable reservations become fully non-refundable at the time of booking. Cancellation policies and refund policies may vary depending on which site you book your reservation through. Please review the terms and conditions of the booking provider through which you made your reservation for cancellation and refund policies prior to booking your reservation.
- CHECK-IN AND CHECK-OUT. You may check into your room at 4:00 pm Central Time. Early check in times shall only be available if prior arrangements have been made with The Refresh Collection. You must provide proof of valid identification and a credit card upon check-in. You must check out of your room by 10:00 am Central Time. You acknowledge The Refresh Collection will assess a $50 late fee for late check outs. If personal belongings are left inside your room following the check-out time, you will be assessed a late check out fee. You acknowledge that the check-in and check-out processes under these Terms may be accomplished remotely via mobile phone or tablet, and there may not be personnel on-site at the property.
- DOOR & ROOM ACCESS CODES. Each reservation will be provided with a unique encrypted code to access the front door, common doors, or room locks. These codes are only to be shared with the guests included in your reservation. If you provide these codes to any outside parties and they access, or attempt to access the property, your reservation will be immediately revoked and you will be asked to vacate the premises. Additionally, you will not be refunded the fees paid for your stay.
- ACKNOWLEDGMENTS AND RESPONSIBILITIES. By booking your reservation, you represent and warrant as of the booking date and as of the reservation date, that:
- You are familiar with the varied health risks associated with COVID-19. Knowing the risk of contracting COVID-19, you hereby agree to assume such risk by staying in a room at a Refresh Collection property.
- That public areas of the property may be monitored by video and audio surveillance and hereby agree and acknowledge that by entering upon the property, you are providing express consent to be filmed and recorded in such areas.
- You shall, and cause all of your guests and invitees to, comply with any and all applicable noise ordinances, including those promulgated by the Town of Gibraltar, Wisconsin.
- You shall, and cause all of your guests and invitees to, comply with quiet hours beginning at 10:00 pm each night. Quiet hours shall mean no loud music, shouting, or activities that tend to cause a disturbance to other guests, at the discretion of The Refresh Collection.
- You shall and shall cause all of your guests and invitees to, comply with all applicable laws and regulations and shall not conduct illegal activity on the Property.
- PET-FRIENDLY ROOMS. You shall indicate whether you are requesting a pet-friendly room during your reservation request, regardless of whether it was made directly on the Site or through a third-party site. You acknowledge that by requesting a pet-friendly room, in addition to the security deposit, you will be required to pay a non-refundable pet fee of $50.00 per stay, per room. You acknowledge that we reserve the right to require immediate removal of any pet that displays dangerous or unacceptable behavior, including, but not limited to, biting, excessive noise, evidence of disease, or urination or defecation in interior public areas. You acknowledge that you are responsible for all costs associated with the removal of your pet. You acknowledge that all pets must be leashed, caged, or otherwise enclosed when they are in any common area on the property, or when left unattended in your room, and that pets are to be kept off of beds at all times. You acknowledge that you will be responsible for any and all repair and replacement of damage caused by your pet.
- ACKNOWLEDGEMENT AND ASSUMPTION OF RISK. YOU HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY OR DEATH while present at the Property and/or using the Property facilities and equipment or arising therefrom. You are fully aware that there are a number of risks associated with you and/or your child or ward entering on the property, becoming a guest and/or occupying a room at the property, including without limitation: (a) you and/or your child or ward or our visitors could contract COVID-19 or other diseases such as the flu or legionnaires disease which could result in a serious medical condition requiring medical treatment in a hospital or could possibly lead to death; and (b) you and/or your child or ward or our visitors will be subject to normal risks associated with staying at the property such as physical injuries or even death or loss or damage to personal property, including without limitation, from slips or falls, food poisoning or allergic reaction to food served in the property, electrocution from appliances or equipment within the property, drowning in pools or tubs, terrorist or other violence, theft or vandalism, auto accidents around the property, or fires or other disasters affecting the property.
- LIMITATION OF LIABILITY. You agree that by booking a room at a Refresh Collection property, You agree to this RELEASE OF LIABILITY, and acknowledge that you will be giving up certain legal rights on behalf of yourself, your invited guests, and your successors in interest. You agree that in no event shall the property’s owner or manager be liable to under these Terms for any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, lost profits, or diminution in value arising out of, relating to, or in connection with any breach of the Agreement whether such damages were foreseeable, whether you were advised of the possibility of such damages, or the legal or equitable theory upon which the claim is based. In no event shall the property owner or manager’s aggregate liability arising out of or related to these Terms exceed the total of the amounts paid by you to book a stay at the Property. FOR PURPOSES OF CLARITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE PROPERTY OWNER AND MANAGER FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
- HOLD HARMLESS. You agree that to the fullest extent permitted by law, you shall indemnify and hold The Refresh Collection and their agents, employees, officers, and members, harmless from any losses, claims, damages, liabilities, settlements, interest, awards, penalties, fines, costs or expenses of any kind, including reasonable attorney’s fees, arising out of your breach of these Terms or your negligent acts, or those of your guests, invitees, and licensees.
- DISPUTES. Excepting claims The Refresh Collection may have against you for nonpayment or property damage or theft, You agree that all disputes arising from these Terms must comply with this section. You acknowledge that the dispute shall first be brought to the attention of the other party and parties shall make a good-faith effort to resolve the dispute mutually. If this fails, You agree that the dispute shall be mediated in Door County or Milwaukee County and the costs of mediation shall be equally split by the parties involved. If the initial good faith effort and mediation fails to resolve a dispute, I acknowledge that any action or claim must be filed with the American Arbitration Association and you accept that the arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, You agree that the other party is entitled to costs of suit including reasonable attorney’s fees for having to compel arbitration or defend or enforce the award.
- CHOICE OF LAW. These Terms shall be governed by and construed and enforced in accordance with the laws of the State of Wisconsin, without regard to principles of conflicts of law.
- NON-ASSIGNMENT. You may not assign or transfer this reservation or rights under these Terms. You accept that any attempted assignment or transfer shall be null and void.
- SEVERABILITY. If any provision of these Terms deemed invalid, illegal, or unenforceable by any court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of any other term or provision of these Terms and the remainder of the Terms shall remain in full force and effect.
