BookinG TERMS & CONDITIONS

These booking terms and conditions (“Booking Terms”) set out the basis on which Freehand (as defined below) will provide accommodation and other products and services at its Hotels to Guests. By making a Booking (as defined below) the Customer agrees to comply, and to ensure that all Guests comply, with these Booking Terms.

1. INTERPRETATION
In these Booking Terms, unless the context otherwise requires, the following expressions have the following meanings:
“Arrival Date” means the date on which the Guest(s)’ stay at the hotel is due to commence;
“Booking” means the reservation by the Customer of accommodation and any other products and services detailed in the Booking which is accepted by Freehand;
“Booking Details” means the details of the Booking including the number of Guests, the number of rooms required, the Arrival Date and duration of the Guest(s)’ stay at the Hotel and any other products and/or services to be included in the Booking;
“Booking Engine” means the online booking facility provided by a third party on Freehand’s behalf (including Mews);
“Charges” means the charges payable by the Customer in connection with the Booking;
“Customer” means the person who makes the Booking;
“Freehand” means George Super TopCo LLC and/or such other company in the same group of companies as Freehand that operates the Hotel;
“Guest” means the Customer and/or any other people included in a Booking;
“Hotel” means the hotel operated by Freehand, the location of which is specified in the Booking; and
“Website” means www.freehandhotels.com.

2. BOOKINGS
2.1. Customers can make a Booking:
2.1.1. through the Booking Engine via the Website; or
2.1.2. by contacting Freehand’s staff at the Hotel.

2.2. When making a Booking, Customers will be required to provide identification information including, but not limited to, the name, contact telephone number and email address of the Customer.

2.3. No request for a Booking shall be deemed to be accepted unless and until Freehand confirms its acceptance and provides a booking confirmation.

2.4. Freehand will use its reasonable endeavours to accommodate any request from the Customer to change the Booking Details. Any request to change the dates or length of stay, increase the number of Guests, change room type or add products and/or services will be subject to availability and, where the cost for such amended Booking would be higher than the original Booking, the Customer shall pay Freehand’s standard rates from time to time for the amended Booking. Freehand shall not be obliged to refund any part of the Charges for the original Booking if the cost of the amended Booking is less than the original Booking.

2.5. When the Customer books beds in a shared room, Freehand will use reasonable endeavours to accommodate people from the same Booking in the same room but cannot guarantee that will be the case.

2.6. No Guest may re-sell or transfer all or any part of a booking. Freehand reserves the right to cancel any Booking if it has reasonable grounds to suspect that a Guest is in breach of this clause.

2.7. Bookings for 10 or more Guests will constitute a group booking and additional terms apply, as set out on the group booking contract.

3. FEES AND PAYMENT
3.1. Unless otherwise agreed by Freehand, the Charges only cover the provision of accommodation at the booked Hotel and the Customer may incur additional charges for services such as food and beverage or wireless internet access (amongst others, the “Additional Charges”).

3.2. Customers will be informed of Additional Charges before they are incurred.

3.3. Bookings will be subject to the Customer making payment of the Charges in full in advance or providing valid debit card or credit card details from which the Charges can be taken at the relevant time in accordance with the terms of the Booking.

3.4. Any Additional Charges must be paid either as they are incurred or, at Freehand’s option, at check out.

3.5. Freehand may require each Guest to present a valid payment card upon check-in or in advance, on which an amount of sufficient pre-authorization can be obtained. For Advance purchase rates, we require the payment card used for booking to be presented upon check in.

3.6. The following payment methods are accepted by Freehand:
3.6.1. Credit and Debit Cards for Bookings via the Booking Engine.
3.6.2. Cash or Credit or Debit Cards, if the Customer is paying in person at the Hostel other than at Amsterdam, Berlin Alexanderplatz, Chicago, Dublin, Hamburg, Los Angeles, New York, Stockholm, which do not accept cash for Bookings.

3.7. The Charges include Sales Tax (if applicable) at the time the Booking is made. Should the rate of Sales Tax be increased, Freehand will be entitled to adjust the Charges accordingly.

3.8. If the Charges do not include city/municipal tax (if any) or facility/resort fees, it must be paid by the Customer or Guests at the relevant property either on arrival or when payment for the Booking is made (at Freehand’s election).

3.9. Where the Customer fails to pay any Charges or Additional Charges, Freehand reserves the right to charge interest at the applicable statutory interest rate in the jurisdiction of the Hotel.

3.10. The Customer is responsible for any bank charges and foreign exchange fees in relation to payment of the Charges or the Additional Charges. In the event of a chargeback, Freehand reserves the right to re-charge the Customer for the costs it incurs.

3.11. Where Freehand makes a refund to the Customer, it shall do using the same payment method as used for the original payment.

4. CANCELLATIONS

4.1. The Customer will be informed of the cancellation policy at the time of making the Booking.

4.2. Where the Customer fails to give sufficient notice of cancellation or fails to arrive (no show) at the Hotel, the entire Booking will be deemed cancelled and the Customer must pay the Hotel an amount equal to the Charges for the full stay. Freehand shall be entitled to collect such amount from the Customer’s credit or debit card used to make the Booking without further notice to the Customer.

4.3. Freehand may at any time cancel the Booking without liability if:

4.3.1. the payment details provided by the Customer are invalid and the Customer fails to provide alternative valid details;
4.3.2. the information provided by the Customer in relation to the Booking is misleading or false (for example in relation to the identity of any Guest or the purpose of the stay);
4.3.3. Freehand reasonably believes that fulfilling the Booking might negatively affect the reputation or operation of Freehand due to the fault of the Customer or because the performance of any of Freehand’s obligations would expose Freehand or the Freehand group to civil or criminal proceedings of any kind, whether because the purpose of the stay is unlawful or otherwise; or
4.3.4. Freehand repays to the Customer any advance payment made in relation to the Booking.

4.4. In addition, Freehand may at any time cancel the Booking if the Hotel or the room(s)/bed(s) booked become unavailable due to circumstances outside Freehand’s control (including without limitation, extreme adverse weather, industrial action, epidemic or pandemic, any law or any action taken by a government or public authority, natural disaster), in which case Freehand will (at its election) either offer the Customer a refund or the option to rebook for a different date(s) (subject to availability) at no additional charge.

5. CHECK IN AND CHECK OUT
5.1. Unless otherwise specified in the Booking Details, check-in time is from 15:00 local time. Earlier check-in may be available subject to prior arrangement with Freehand and subject to the full range of services and facilities at the Hotel not being available until the standard check in time.

5.2. Unless otherwise specified in the Booking Details, check-out time is 10:00 local time. Later check-out times may be possible by prior arrangement with an additional charge and subject to availability. In the absence of such prior arrangement, Freehand reserves the right to charge an additional night’s accommodation at the standard applicable rate for the occupied room/bed(s) if any Guest fails to check out by the specified time.

6. HOUSE RULES
6.1. All Guests much comply with Freehand’s house rules, which are available here.

6.2. Valid photo identification for all Guests in the form of a Driver’s Licence, Passport or National ID card is required at check-in.

6.3. Guests must conduct themselves in a reasonable and responsible manner at the Hotel and must not act in any way which may disturb other guests. Failure to adhere to this requirement may result in Guests being asked to leave the Hotel in which event all Charges and Additional Charges shall become immediately payable by the Guest or Customer (at Freehand’s election).

6.4. Smoking is not permitted inside the Hotel and Guests must not tamper with or disable smoke alarms or open emergency doors. Smoking is only permitted in the designated smoking areas. Freehand reserves the right to charge a fee of at least $250, or a higher amount where Freehand suffers loss as a result of a Guest’s actions.

6.5. The Customer will be responsible for any loss or damage caused at the Hotel by the Guests or visitor of any Guest. Freehand reserves the right to charge the Guest or Customer (at Freehand’s election) for Freehand’s reasonable costs of repairing, cleaning or replacing any property of Freehand which is damaged, soiled or lost by a Guest.

6.6. Freehand strictly prohibits bookings from individuals under the age of 18 unless accompanied by a parent or legal guardian. The following guidelines apply:

Accompanied Under 18’s:

  • Individuals under the age of 18 can only stay at the Freehand when accompanied by a parent or legal guardian in the same room.
  • The room must be private.

Shared Room Exceptions for Unaccompanied Under 18’s in Groups:

  • Unaccompanied under 18’s are not allowed to stay in shared rooms, unless they are part of a group that has booked out the entire shared room.
  • The group leader must provide the required documentation to Freehand.

Consequences of Non-Adherence:

  • Failure to comply with these policies will result in automatic cancellation of the booking with no refund.
  • Guests violating these rules will not be permitted to check into the Hostel.

Please ensure that you review and comply with these age-related policies to ensure a smooth and enjoyable stay at Freehand.

6.7. Children older than 3 must have their own bed. It is the responsibility of the parents/legal guardians to ensure that the child occupies a lower bunk. Each hotel has a limited number of cots which are only available for use in private rooms by children under the age of 3 and must be booked prior to arrival.

6.8. Freehand exclusively reserves all rights to display any and all advertising and/or signage at the Hotel and to receive and retain all of the revenue therefrom. No Guest shall have any right to display any advertising or signage whatsoever without the prior written consent of Freehand.

6.9. No products and/or services may be sold, distributed or supplied at the Property by, or on behalf of, any Guest.

6.10. It is every Guest’s responsibility to ensure that it has adequate and appropriate insurance coverage for the Booking.

7. FOOD AND BEVERAGES
7.1. Unless otherwise specified at the time of booking and confirmed in the Booking confirmation by Freehand, the Charges do not include any food or beverages.

7.2. Guests may only consume food and beverages purchased from Freehand in the Hotel.

7.3. No alcohol shall be provided to Guests who are not of legal drinking age.

8. DISABLED GUESTS

8.1. We welcome all, regardless of race, nationality, gender, gender identity, age or ability. To ensure we can assist our guests, we need the Customer to inform us at the time of making the Booking if any Guest has special requirements because of a disability.

9. FREEHAND’S LIABILITY
9.1. Nothing in these Booking Terms purports to limit or exclude Freehand’s liability for:
9.1.1. death or personal injury caused by the negligence of Freehand or its employees, subcontractors or agents;
9.1.2. fraud or fraudulent misrepresentation; or
9.1.3. any other matter for which it would be illegal for Freehand to limit or exclude its liability.

9.2. Freehand shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
9.2.1. any loss arising from or in connection with loss of revenues, loss of profits, loss of contracts or loss of business or failure to realise anticipated savings;
9.2.2. any loss of goodwill or reputation; or
9.2.3. any indirect or consequential losses
suffered or incurred by any Guest, arising out of or in connection with the use of the Hotel or any other matter under this Agreement.

9.3. Neither Freehand nor the Freehand group, their agents, contractors or employees shall be liable for any loss, damage, destruction or injury which may be caused to the assets, property or any item of equipment, furniture, stock or the like, brought onto Freehand premises by a Guest.

9.4. The aggregate liability of Freehand in respect of any loss or damage suffered by a Guest arising out of or in connection with the Booking, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall in no event exceed the Charges.

9.5. Notwithstanding the foregoing, nothing in the Agreement shall be construed as excluding or restricting either party’s liability for death and/or personal injury caused by its, its employees’ or its agents’ negligence or for any fraud.

10. PERSONAL DATA
10.1. Use of your personal data is subject to our privacy policy.

11. GENERAL
11.1. The Customer’s rights as a consumer under applicable consumer protection legislation from time to time in force shall not be affected by these Booking Terms.

11.2. Freehand may assign its rights and obligations under the Booking and these Booking Terms to another organisation without notice to, or consent from, the Customer.

11.3. Freehand may, from time to time, change these Booking Terms without notice. However, the version of these Booking Terms in force at the time of the Booking will continue to apply. Customers are advised to check the Website for the latest version of these Booking Terms before making a Booking.

11.4. No failure by Freehand to enforce these Booking Terms shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Booking Terms.

11.5. If any provision of these Booking Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Booking Terms and the remainder of the provision in question shall not be affected.

11.6. These Booking Terms (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without regard to its conflicts of law principles. The state or federal courts located in or near New York, New York, U.S.A. will have exclusive jurisdiction to deal with any disputes (including in relation to non-contractual matters) arising in connection with these Booking Terms provided that Freehand shall also have the right to enforce these Booking Terms in the country of the Customer’s residence and/or the country of the Hotel.
11.7. A person who is not a Guest will not have any rights in connection with a Booking.

11.8. Freehand does not sign third party contracts for room or event bookings and any terms proposed by Customer are overridden by these Booking Terms.

Freehand Commitment to Digital Accessibility

Freehand is dedicated to providing an equivalent digital experience for our guests, regardless of physical or cognitiveability. To uphold our commitment, we adhere to the Website Content Accessibility Guidelines (WCAG 2.1) in the design, testing and development of our global digital experiences. This helps ensure our content is available to all – including those who rely on assistive technology

QUESTION AND COMMENTS

If you have any comments or questions about our privacy practices or your experience with the Site, please contact us at:

George Super TopCo LLC
c/o Generator Chicago
19 East Ohio St., Chicago, IL 60611
E-mail: legal@thefreehand.com

Last Updated: February 26, 2022

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