Terms of Service

1. Introduction

Welcome to RetroStay. These Terms of Service ("Terms") govern your access to and use of our website, services, applications, and tools (collectively, "Services") provided by RetroStay ("Company", "we", "us", and "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

2. Eligibility

You must be at least 18 years of age to use our Services. By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from our Services; and (c) your registration and your use of our Services is in compliance with all applicable laws and regulations.

3. Account Registration and Security

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to immediately notify RetroStay of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. Booking and Reservations

4.1. Availability: All accommodations listed on our platform are subject to availability. We do our best to keep availability information up-to-date, but cannot guarantee that all displayed accommodations will be available at the time of booking.

4.2. Booking Confirmation: Your booking is not confirmed until you receive an official confirmation from us. This confirmation will be sent to the email address provided during the booking process.

4.3. Payment: Payment terms vary by property and booking type. The specific payment details will be provided during the booking process. All payments processed through our platform are secured using industry-standard encryption technology.

4.4. Cancellations and Refunds: Cancellation policies vary by property and booking type. The specific cancellation policy applicable to your booking will be provided during the booking process. Please review this policy carefully before completing your reservation.

5. User Conduct and Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Copying, distributing, or disclosing any part of our Services in any medium, including by any automated or non-automated "scraping";
  • Using any automated system, including "robots," "spiders," "offline readers," etc., to access our Services;
  • Transmitting spam, chain letters, or other unsolicited email;
  • Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running our Services;
  • Taking any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
  • Uploading invalid data, viruses, worms, or other software agents through our Services;
  • Collecting or harvesting any personally identifiable information from our Services;
  • Impersonating another person or otherwise misrepresenting your affiliation with a person or entity;
  • Using our Services for any illegal or unauthorized purpose;
  • Violating any laws in your jurisdiction.

6. Intellectual Property Rights

6.1. Our Content: The Services and all content and materials included on or within the Services, including, without limitation, any text, graphics, images, artwork, videos, audio, software, tools, and interactive features ("Content") are owned by or licensed to RetroStay and are subject to copyright, trademark, and other intellectual property rights under United States and foreign laws and international conventions. Subject to your compliance with these Terms, RetroStay grants you a limited, non-exclusive, non-transferable license to access and use the Services and Content for your personal, non-commercial use.

6.2. Feedback: Any feedback, comments, or suggestions you may provide regarding RetroStay or our Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit without any obligation to you.

7. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you.

8. Disclaimers

THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RETROSTAY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RETROSTAY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

9. Limitation of Liability

IN NO EVENT SHALL RETROSTAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES: (A) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (C) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00.

10. Indemnification

You agree to defend, indemnify and hold harmless RetroStay, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your content caused damage to a third party.

11. Governing Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the United States without regard to its conflict of law provisions. The exclusive jurisdiction and venue for any action related to these Terms will be the federal and state courts located in the State of New York, and you hereby submit to the personal jurisdiction of such courts.

12. Changes to Terms

RetroStay reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

13. Contact Information

If you have any questions about these Terms, please contact us at [email protected] or by mail at 123 Luxury Avenue, New York, NY 10001, USA.

Last Updated: October 15, 2023