Terms and Conditions
Agreement to Book Accommodation
with Fabulous Stays in Toronto
Last Updated: April 18, 2020
A duly executed copy of this Agreement is required for each Guest over the age of 18. Please print, sign, scan and return a copy of this agreement for each Guest.
This agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement. This agreement may be completed electronically.
Key Terms:
Accommodation - means any listing posted to https://torontoexcutivecondos.staydirectly.com/
Guest - means any persons who meets the qualification described herein and has executed this Agreement.
Reservation - means a confirmed agreement to rent an Accommodation over a specified period of time
Time of Booking – is the date when this agreement has been executed by all Guests and provided to Fabulous Stays in Toronto and payment for Accommodation has been received per the terms outlined under section 5.0 Payment.
1.0 Use
You agree to use the Accommodation for personal use. Under no circumstances shall you undertake commercial or illegal activity inside the Accommodation.
Working remotely inside the Accommodation is acceptable provided that work is contained to phone calls and computer work. Under no circumstances may the Accommodation be used to host meetings, facilitate the creation or products, the physical re-sale of products or services, produce photo(s) or video(s) or other similar activities.
You shall not sell, distribute, cultivate, propagate or harvest any cannabis or cannabis plants within the meaning of the Cannabis Act, S.C. 2018 c. 16 and the Cannabis Act, 2017, S.O. 2017, c. 26 as amended from time to time anywhere
2.0 Guest Requirements
You must be at least 25 years old or be a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts in order to book Accommodation with Fabulous Stays in Toronto.
For transparency and fraud prevention purposes, and as permitted by applicable laws, you must provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds.
Guests aged 0 to 24 years of age must be accompanied by a Guest who meet the above criteria.
Fabulous Stays in Toronto, at its sole discretion, may deny reservations for groups where the primary Guest is above 25 years of age and the other Guests are between the ages of 16 to 24.
Only those who have executed this agreement are permitted inside the Accommodation.
3.0 Accommodation:
You understand that a confirmed Reservation with Fabulous Stays in Toronto is a limited license granted to you, to occupy and use the Accommodation for the duration of your stay, during which time Fabulous Stays in Toronto retains the right to re-enter the Accommodation, without notice.
No reservation provided by Fabulous Stays in Toronto shall exceed 3 months. You acknowledge and understand, that any and all reservation(s), with Fabulous Stays in Toronto have a fixed end date and are temporary. Under no circumstances may you construe a Reservation to imply a long term tenancy agreement or to be eligible to the rights provided under the Ontario Residential Tenancies Act.
You agree to leave the Accommodation no later than 11am on the last day of the Reservation or such other time as mutually agreed upon. If you stay past the agreed upon checkout time without the consent of Fabulous Stays in Toronto, you no longer have a license to stay in the Accommodation and Fabulous Stays in Toronto is entitled to make you leave by whatever means necessary. In addition, you agree to pay, if requested, Fabulous Stays in Toronto, for each twenty-four (24) hour period (or any portion thereof) that you exceed the checkout time, an additional nightly fee of up to two (2) times the average nightly rate originally paid by you, plus all applicable fees, taxes, and any legal expenses incurred by Fabulous Stays in Toronto to make you leave. These charges may exceed the amount of the Security Deposit. You agree to accept such charges and not dispute them via your credit card company, without prejudice. You authorize Fabulous Stays in Toronto to charge the payment method you used to make the Reservation in order to recover all costs associated with Damages regardless, if they exceed the Security Deposit or not.
Accommodations will be provided in a good state of repair and free from any defects or malfunctions with respect to appliances, electrical service, water and plumbing services, heating and cooling, internet and television. In the event of a malfunction or defect, you will be notified as soon as possible.
Should any malfunction or defect occur during a Reservation, you are required to alert Fabulous Stays in Toronto immediately and cease any activity that may render the malfunction worse. In the event of a water leak, ever effort must be made to contain the leak until such time as a professional may be brought in to remedy the situation.
Some Accommodations listed within Fabulous Stays in Toronto are inside condo buildings. Fabulous Stays in Toronto is in no way responsible or liable for failures and/or defects for services or items provided by the condo building. This may include, but is not limited to elevator service, provision of water or electricity.
4.0 House Rules
You further agree to abide by all House Rules as posted and amended from time to time, on the payment page for each Accommodation on https://torontoexcutivecondos.staydirectly.com/. A copy of these House Rules is available upon request and they are provided physically inside each Accommodation.
5.0 Payment
For Reservations between 1 and 30 days, full payment is due at the time of booking.
For Reservations greater than 30 days, full payment for the first month is due at the time of booking. Subsequent payments will be charged 7 days prior to the start of the next month. You authorize Fabulous Stays in Toronto to collect amounts due both at the time of booking and for each subsequent payment, as required for reservations greater than 30 days.
Payments will be collected via Stripe. Most major credit cards are accepted including, VISA, Master Card, Maestro and American Express.
Fabulous Stays in Toronto will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payment by you, so that you end up receiving or paying the correct amount.
If Fabulous Stays in Toronto is unable to collect any amounts you owe, as outlined herein, Fabulous Stays in Toronto may engage in collection efforts to recover such amounts from you.
All payments are in Canadian Dollars unless otherwise specified.
6.0 Security Deposit
A security deposit in the amount of $500 will be collected for each Reservation. The Security Deposit will be collected with the initial payment via Stripe. The security deposit will be released or refunded within 48 hours after a booking has been completed.
7.0 Refund Policy:
For reservations with a check in date greater than 14 days from the time of booking:
• Fully refundable within the first 24 hours.
• 50% of the total booking price is refundable, if the refund is requested greater than 13 days before check in.
For reservations with a check in date that is less than 13 days from the time of booking, no part of the reservation is refundable.
Refunds are not available for Reservations after the check-in date has passed. Notwithstanding, for reservations greater than 30 days, 14 days advanced notice is required to terminate a reservation. In this case, you will receive a refund for any unused nights after the 14 day notice period. For example, if a you booked a 60 night Reservation and decide to cancel on day 15, only nights 29 through 60 are refundable, regardless of when the you decide to vacate the Accommodation.
In the event of a cancelation due on the part of Fabulous Stays in Toronto, any amounts collected will be refunded, and any pre-authorization of your payment method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the payment method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
Fabulous stays in Toronto will process refunds immediately, however, the timing to receive any refund will vary based on the payment method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules.
8.0 Damage to Accommodations
You are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding any employees of Fabulous Stays in Toronto.
In the event that damages are found inside the Accommodation after you check out, Fabulous Stays in Toronto will charge the same payment method used to book Accommodation to repair, replace or otherwise remedy damages. These charges may exceed the amount of the Security Deposit. You agree to accept such charges and not dispute them via your credit card company, without prejudice. You authorize Fabulous Stays in Toronto to charge the payment method you used to make the Reservation in order to recover all costs associated with Damages regardless, if they exceed the Security Deposit or not.
Fabulous Stays in Toronto will provide photographic and/or video evidence of damages and provide receipts to substantiate charges, when available and at its sole discretion.
Fabulous Stays in Toronto also reserves the right to otherwise collect payment from you and pursue any remedies available to Fabulous Stays in Toronto for any charges arising from Damages that were rejected by your credit card company through whatever means legally applicable, including through the Courts in Province of Ontario, Canada.
9.0 Assignment
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder. Only Guests registered within the Reservation are permitted inside the Accommodation.
10.0 Discrimination Policy
Fabulous Stays in Toronto does not discriminate against anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status or sexual orientation,
Fabulous Stays in Toronto will not tolerate any violent, harmful, abusive or disruptive behavior. If such behaviour occurs prior to commencement of the Reservation, the Reservation will be canceled and fully refunded. If such behaviour occurs during the reservation, the reservation will be canceled. You and any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding any employees of Fabulous Stays in Toronto, must vacate the property immediately and without refund. Fabulous Stays in Toronto may take whatever means necessary to remove you from the Accommodation in accordance with local laws.
11.0 Monitoring Equipment
Fabulous stay in Toronto employs the use of noise monitoring equipment to measure sound levels inside the Accommodation. These devices do not record conversations. They only measure sound levels. You can learn more at www.noiseaware.io.
Some Accommodations are inside Condo buildings. For these Accommodations you may be subjected to closed circuit video surveillance in the common areas.
12.0 Applicable Law and Jurisdiction
This Agreement will be interpreted in accordance with the laws of the Province of Ontario and Canada without regard to conflict-of-law provisions. Judicial proceedings must be brought in provincial or federal court in Toronto, Ontario unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Toronto Canada.
13.0 General Provisions
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, this Agreement constitutes the entire Agreement between Fabulous Stays in Toronto and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Fabulous Stays in Toronto and you in relation to the access and use of the Accommodation.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Fabulous Stays in Toronto’s failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise permitted under law.
14.0 Modification of This Agreement
Fabulous Stays in Toronto reserves the right to modify this Agreement at any time in accordance with this provision. If we make changes to this Agreement, we will post the revised Agreement on https://torontoexcutivecondos.staydirectly.com/ and update the “Last Updated” date at the top of this Agreement.
If you disagree with the revised Agreement, you may terminate this Agreement with immediate effect and any reservation will be canceled, provided the Reservation has not already commenced and you notify Fabulous Stays in Toronto of your intention to terminate. No changes to this agreement will be applicable to Reservations already in progress.
15.0 Disclaimers
If you choose to book with Fabulous Stays in Toronto, you do so voluntarily and at your sole risk. Accommodations provided by Fabulous Stays in Toronto are provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate Fabulous Stays in Toronto and any applicable laws, rules, or regulations that may be applicable and that you are not relying upon any statement of law or fact made by Fabulous Stays in Toronto.
You agree that some aspects of reservations may carry inherent risk, and by booking Accommodation, you choose to assume those risks voluntarily. These may include the risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to book with Fabulous Stays in Toronto. You assume full responsibility for the choices you make before, during and after your Reservation. If you are bringing a minor as an additional Guest, you are solely responsible for the supervision of that minor throughout the duration of your stay and to the maximum extent permitted by law, you agree to release and hold harmless Fabulous Stays in Toronto from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the reservation or in any way related to your reservation.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
16.0 Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out your stay at any Accommodation, or any other interaction you have, whether in person or online, remains with you. Neither Fabulous Stays in Toronto nor any other party involved in creating, producing, or delivering services provided by Fabulous Stays in Toronto will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) this agreement, (ii) from the use of or inability to use the services provided by Fabulous Stays in Toronto, (iii) from any communications, interactions or meetings with Fabulous Stays in Toronto or other persons with whom you communicate, interact or meet with as a result of your use of Fabulous Stays in Toronto, or (iv) booking of an Accommodation, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Fabulous Stays in Toronto has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
17.0 Indemnification
To the maximum extent permitted by applicable law, you agree to release, indemnify, and hold Fabulous Stays in Toronto and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of this Agreement, (ii) your improper use of the Accommodation, without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a reservation, or (v) your breach of any laws, regulations or third party rights.
with Fabulous Stays in Toronto
Last Updated: April 18, 2020
A duly executed copy of this Agreement is required for each Guest over the age of 18. Please print, sign, scan and return a copy of this agreement for each Guest.
This agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement. This agreement may be completed electronically.
Key Terms:
Accommodation - means any listing posted to https://torontoexcutivecondos.staydirectly.com/
Guest - means any persons who meets the qualification described herein and has executed this Agreement.
Reservation - means a confirmed agreement to rent an Accommodation over a specified period of time
Time of Booking – is the date when this agreement has been executed by all Guests and provided to Fabulous Stays in Toronto and payment for Accommodation has been received per the terms outlined under section 5.0 Payment.
1.0 Use
You agree to use the Accommodation for personal use. Under no circumstances shall you undertake commercial or illegal activity inside the Accommodation.
Working remotely inside the Accommodation is acceptable provided that work is contained to phone calls and computer work. Under no circumstances may the Accommodation be used to host meetings, facilitate the creation or products, the physical re-sale of products or services, produce photo(s) or video(s) or other similar activities.
You shall not sell, distribute, cultivate, propagate or harvest any cannabis or cannabis plants within the meaning of the Cannabis Act, S.C. 2018 c. 16 and the Cannabis Act, 2017, S.O. 2017, c. 26 as amended from time to time anywhere
2.0 Guest Requirements
You must be at least 25 years old or be a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts in order to book Accommodation with Fabulous Stays in Toronto.
For transparency and fraud prevention purposes, and as permitted by applicable laws, you must provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds.
Guests aged 0 to 24 years of age must be accompanied by a Guest who meet the above criteria.
Fabulous Stays in Toronto, at its sole discretion, may deny reservations for groups where the primary Guest is above 25 years of age and the other Guests are between the ages of 16 to 24.
Only those who have executed this agreement are permitted inside the Accommodation.
3.0 Accommodation:
You understand that a confirmed Reservation with Fabulous Stays in Toronto is a limited license granted to you, to occupy and use the Accommodation for the duration of your stay, during which time Fabulous Stays in Toronto retains the right to re-enter the Accommodation, without notice.
No reservation provided by Fabulous Stays in Toronto shall exceed 3 months. You acknowledge and understand, that any and all reservation(s), with Fabulous Stays in Toronto have a fixed end date and are temporary. Under no circumstances may you construe a Reservation to imply a long term tenancy agreement or to be eligible to the rights provided under the Ontario Residential Tenancies Act.
You agree to leave the Accommodation no later than 11am on the last day of the Reservation or such other time as mutually agreed upon. If you stay past the agreed upon checkout time without the consent of Fabulous Stays in Toronto, you no longer have a license to stay in the Accommodation and Fabulous Stays in Toronto is entitled to make you leave by whatever means necessary. In addition, you agree to pay, if requested, Fabulous Stays in Toronto, for each twenty-four (24) hour period (or any portion thereof) that you exceed the checkout time, an additional nightly fee of up to two (2) times the average nightly rate originally paid by you, plus all applicable fees, taxes, and any legal expenses incurred by Fabulous Stays in Toronto to make you leave. These charges may exceed the amount of the Security Deposit. You agree to accept such charges and not dispute them via your credit card company, without prejudice. You authorize Fabulous Stays in Toronto to charge the payment method you used to make the Reservation in order to recover all costs associated with Damages regardless, if they exceed the Security Deposit or not.
Accommodations will be provided in a good state of repair and free from any defects or malfunctions with respect to appliances, electrical service, water and plumbing services, heating and cooling, internet and television. In the event of a malfunction or defect, you will be notified as soon as possible.
Should any malfunction or defect occur during a Reservation, you are required to alert Fabulous Stays in Toronto immediately and cease any activity that may render the malfunction worse. In the event of a water leak, ever effort must be made to contain the leak until such time as a professional may be brought in to remedy the situation.
Some Accommodations listed within Fabulous Stays in Toronto are inside condo buildings. Fabulous Stays in Toronto is in no way responsible or liable for failures and/or defects for services or items provided by the condo building. This may include, but is not limited to elevator service, provision of water or electricity.
4.0 House Rules
You further agree to abide by all House Rules as posted and amended from time to time, on the payment page for each Accommodation on https://torontoexcutivecondos.staydirectly.com/. A copy of these House Rules is available upon request and they are provided physically inside each Accommodation.
5.0 Payment
For Reservations between 1 and 30 days, full payment is due at the time of booking.
For Reservations greater than 30 days, full payment for the first month is due at the time of booking. Subsequent payments will be charged 7 days prior to the start of the next month. You authorize Fabulous Stays in Toronto to collect amounts due both at the time of booking and for each subsequent payment, as required for reservations greater than 30 days.
Payments will be collected via Stripe. Most major credit cards are accepted including, VISA, Master Card, Maestro and American Express.
Fabulous Stays in Toronto will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payment by you, so that you end up receiving or paying the correct amount.
If Fabulous Stays in Toronto is unable to collect any amounts you owe, as outlined herein, Fabulous Stays in Toronto may engage in collection efforts to recover such amounts from you.
All payments are in Canadian Dollars unless otherwise specified.
6.0 Security Deposit
A security deposit in the amount of $500 will be collected for each Reservation. The Security Deposit will be collected with the initial payment via Stripe. The security deposit will be released or refunded within 48 hours after a booking has been completed.
7.0 Refund Policy:
For reservations with a check in date greater than 14 days from the time of booking:
• Fully refundable within the first 24 hours.
• 50% of the total booking price is refundable, if the refund is requested greater than 13 days before check in.
For reservations with a check in date that is less than 13 days from the time of booking, no part of the reservation is refundable.
Refunds are not available for Reservations after the check-in date has passed. Notwithstanding, for reservations greater than 30 days, 14 days advanced notice is required to terminate a reservation. In this case, you will receive a refund for any unused nights after the 14 day notice period. For example, if a you booked a 60 night Reservation and decide to cancel on day 15, only nights 29 through 60 are refundable, regardless of when the you decide to vacate the Accommodation.
In the event of a cancelation due on the part of Fabulous Stays in Toronto, any amounts collected will be refunded, and any pre-authorization of your payment method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the payment method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
Fabulous stays in Toronto will process refunds immediately, however, the timing to receive any refund will vary based on the payment method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules.
8.0 Damage to Accommodations
You are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding any employees of Fabulous Stays in Toronto.
In the event that damages are found inside the Accommodation after you check out, Fabulous Stays in Toronto will charge the same payment method used to book Accommodation to repair, replace or otherwise remedy damages. These charges may exceed the amount of the Security Deposit. You agree to accept such charges and not dispute them via your credit card company, without prejudice. You authorize Fabulous Stays in Toronto to charge the payment method you used to make the Reservation in order to recover all costs associated with Damages regardless, if they exceed the Security Deposit or not.
Fabulous Stays in Toronto will provide photographic and/or video evidence of damages and provide receipts to substantiate charges, when available and at its sole discretion.
Fabulous Stays in Toronto also reserves the right to otherwise collect payment from you and pursue any remedies available to Fabulous Stays in Toronto for any charges arising from Damages that were rejected by your credit card company through whatever means legally applicable, including through the Courts in Province of Ontario, Canada.
9.0 Assignment
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder. Only Guests registered within the Reservation are permitted inside the Accommodation.
10.0 Discrimination Policy
Fabulous Stays in Toronto does not discriminate against anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status or sexual orientation,
Fabulous Stays in Toronto will not tolerate any violent, harmful, abusive or disruptive behavior. If such behaviour occurs prior to commencement of the Reservation, the Reservation will be canceled and fully refunded. If such behaviour occurs during the reservation, the reservation will be canceled. You and any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding any employees of Fabulous Stays in Toronto, must vacate the property immediately and without refund. Fabulous Stays in Toronto may take whatever means necessary to remove you from the Accommodation in accordance with local laws.
11.0 Monitoring Equipment
Fabulous stay in Toronto employs the use of noise monitoring equipment to measure sound levels inside the Accommodation. These devices do not record conversations. They only measure sound levels. You can learn more at www.noiseaware.io.
Some Accommodations are inside Condo buildings. For these Accommodations you may be subjected to closed circuit video surveillance in the common areas.
12.0 Applicable Law and Jurisdiction
This Agreement will be interpreted in accordance with the laws of the Province of Ontario and Canada without regard to conflict-of-law provisions. Judicial proceedings must be brought in provincial or federal court in Toronto, Ontario unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Toronto Canada.
13.0 General Provisions
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, this Agreement constitutes the entire Agreement between Fabulous Stays in Toronto and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Fabulous Stays in Toronto and you in relation to the access and use of the Accommodation.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Fabulous Stays in Toronto’s failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise permitted under law.
14.0 Modification of This Agreement
Fabulous Stays in Toronto reserves the right to modify this Agreement at any time in accordance with this provision. If we make changes to this Agreement, we will post the revised Agreement on https://torontoexcutivecondos.staydirectly.com/ and update the “Last Updated” date at the top of this Agreement.
If you disagree with the revised Agreement, you may terminate this Agreement with immediate effect and any reservation will be canceled, provided the Reservation has not already commenced and you notify Fabulous Stays in Toronto of your intention to terminate. No changes to this agreement will be applicable to Reservations already in progress.
15.0 Disclaimers
If you choose to book with Fabulous Stays in Toronto, you do so voluntarily and at your sole risk. Accommodations provided by Fabulous Stays in Toronto are provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate Fabulous Stays in Toronto and any applicable laws, rules, or regulations that may be applicable and that you are not relying upon any statement of law or fact made by Fabulous Stays in Toronto.
You agree that some aspects of reservations may carry inherent risk, and by booking Accommodation, you choose to assume those risks voluntarily. These may include the risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to book with Fabulous Stays in Toronto. You assume full responsibility for the choices you make before, during and after your Reservation. If you are bringing a minor as an additional Guest, you are solely responsible for the supervision of that minor throughout the duration of your stay and to the maximum extent permitted by law, you agree to release and hold harmless Fabulous Stays in Toronto from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the reservation or in any way related to your reservation.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
16.0 Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out your stay at any Accommodation, or any other interaction you have, whether in person or online, remains with you. Neither Fabulous Stays in Toronto nor any other party involved in creating, producing, or delivering services provided by Fabulous Stays in Toronto will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) this agreement, (ii) from the use of or inability to use the services provided by Fabulous Stays in Toronto, (iii) from any communications, interactions or meetings with Fabulous Stays in Toronto or other persons with whom you communicate, interact or meet with as a result of your use of Fabulous Stays in Toronto, or (iv) booking of an Accommodation, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Fabulous Stays in Toronto has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
17.0 Indemnification
To the maximum extent permitted by applicable law, you agree to release, indemnify, and hold Fabulous Stays in Toronto and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of this Agreement, (ii) your improper use of the Accommodation, without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a reservation, or (v) your breach of any laws, regulations or third party rights.