TERMS AND CONDITIONS

These Terms and Condition govern the WhyHotel Guest Unit for each pop-up hotel.

It is Guest’s responsibility to read and be familiar with each of these Terms and Conditions. Compliance with these Terms and Conditions will make your stay easier and more enjoyable. Failure to observe any of these Terms and Conditions may result in the immediate cancellation of your Guest Agreement and the premature termination of your stay.

  1. Cancellations: Your Unit Fees are refundable up to 3:00 pm the day prior to the check-in date. Same day cancellation fee is one room night plus taxes.
  2. Unless otherwise agreed or provided in the booking service that Guest uses to book the Guest Unit, all Unit Fees shall be paid in advance. WhyHotel will keep your credit card number on file for additional fees or unpaid charges. Guest authorizes WhyHotel to charge its credit or debit card for any such fees or charges. Legitimate reasons for additional fees include but are not limited to the following:
    • • Outstanding balances
    • • Broken or missing items
    • • Smoking in the Guest Unit or Property
    • • Damage to the Guest Unit, Property or furnishings
    • • Higher than customary post-stay cleaning costs
    • • Pet cleaning fees
    • • Lost key fees
  3. Check-in time is 3:00 pm on the first day of your stay. Check-out time is 11:00 am on the last day of your stay. Upon request, we may be able to accommodate an earlier or later time, depending on the hotel’s occupancy. At check-in, all Guests who are 18 years old or older, including the Responsible Guest who must be present, shall provide copies of a valid driver’s license or passport for scanning. In addition, all Guests under 18 years old identify each child guest under 18 by name as a child with his or her ages.
  4. If the Guest desires to extend their stay, Guest shall contact WhyHotel at 202-897-1000 no less than 24 hours prior to their scheduled departure. WhyHotel staff must confirm an extension of your stay. Failure to vacate the unit as scheduled will incur charges equal to double the base nightly Unit Fee rate
  5. Guests shall follow the departure procedure specified by WhyHotel when departing both during the stay and upon final departure. The Guest Unit shall be secured by closing all doors and windows. Upon final departure, the door key card shall be returned to the holder on the console table next to the TV or to the WhyHotel Guest Unit. There is a $25 lost key fee for each key card not returned to WhyHotel.
  6. WhyHotel shall not be responsible in the event of loss or damage to any cash, valuables or other goods brought onto the Property by the Guest. If the Guest checks out of the Guest Unit but forgets to reclaim his/her hand luggage and personal effects, WhyHotel, upon determining the owner of these items, shall attempt to contact the Guest and ask his/her for instructions. However, in the absence of instructions from the Guest, or if WhyHotel is unable to determine the owner of such items, WhyHotel shall store the items for no more than 7 days (including the day on which they are found) and then deliver them to the nearest police station.
  7. If the Guest uses the Property’s parking facilities (if applicable), WhyHotel is merely making the parking space available for Guest’s use and WhyHotel shall have no responsibility or liability for the care of the Guest’s vehicle, including any damage to the vehicle or the loss of property kept in the vehicle. WhyHotel does not manage or operate the parking facilities.
  8. The Guests shall maintain the Guest Unit in a good, clean condition, and use the Guest Unit and the Property only in a careful and lawful manner.
  9. Guest agrees to be a good neighbor by respecting the rights of the surrounding occupants to a pleasant, safe and peaceful environment. The Guest shall not create excessive noise or other situations likely to disturb or annoy the surrounding neighbors. Guest acknowledges that WhyHotel will monitor the decibel level of the Guest Unit through a monitor in the Guest Unit.
  10. Guests shall dispose of garbage and recyclables in the trash chutes located in the trash rooms in every hallway. Prior to check-out, Guests shall load, but not run, the dishwasher with all dirty dishes.
  11. Guests shall not allow any additional persons to reside or sleep over at the Guest Unit other than the specific adults and children specifically identified in the reservation or added at check-in (the “Registered Guests”) and other persons expressly allowed in the Guest Unit by WhyHotel in its sole and absolute discretion. In any case, no more than 2 additional persons (a) in excess of the Registered Guests will be allowed to stay in a Guest Unit and (b) in excess of the number of sleeping accommodations authorized in the Guest Unit will be present in any Guest Unit (e.g., if the Guest Unit has a queen bed that sleeps two and a pull-out sofa that sleeps two, then the maximum number of people that are permitted in that Guest Unit is six at any time). All guests of Guests must sign in and provide their ids at the WhyHotel Guest Unit.
  12. Pet dogs and cats are welcome at WhyHotel subject to the following guidelines:
    • • Guests must book a pet friendly unit and indicate that they are bringing a pet
    • • Pets must be kept with Guests at all times
    • • Pets must be house trained
    • • Dogs must be non-aggressive in temperament
    • • Dogs should be small to mid-size and must weigh less than 80 lbs
    • • A maximum of 2 pets per Guest Unit.
    • • There is a one-time pet cleaning fee of $75 in addition to any other cleaning fees.
    • • Barkers, yappers, biters, scratchers, clawers or excessive droolers are best left at home.
    • • Additional fees will be assessed for any damage to the Guest Unit or the Property, including without limitation, any furniture, or damage caused by or cleaning necessitated by “accidents.” Please see our full Pet Policy.
  13. Guest agrees that there shall be no smoking inside the Guest Unit or the Property. Smoking is permitted outside the building only. If there is smoking in the Guest Unit there shall be a minimum $500 cleaning charge for upholstery, curtains and rugs and any additional costs to remedy the situation.
  14. WhyHotel provides complimentary TV service. Guest shall promptly notify management if there are any problems with the TV. WhyHotel staff shall attempt to remedy any disruption in service at the earliest opportunity. There shall be no refund for outages, content or lack thereof, or personal preferences with regard to the TV service.
  15. WhyHotel provides complimentary WIFI. Guest shall promptly notify management if there are any problems with the WiFi. WhyHotel staff shall attempt to remedy any disruption in service at the earliest opportunity. There shall be no refund shall be given for outages, speed, access problems, lack of knowledge of use, or personal preferences with regard to the WIFI service.
  16. Guest Units are equipped with smoke alarms. Guest shall promptly notify management if a fire alarm “chirps” or has a low battery condition.
  17. Guest expressly acknowledges and agrees that its Guest Agreement is for transient occupancy of the Guest Unit only, and that Guest does not intend to, and will not, make the Guest Unit a residence or household.
  18. The Guest Unit and the Property shall not be used to engage in any unlawful activity. Any such activity by any Guest shall be grounds for immediate termination of the Guest Agreement, and all Guests will be required to vacate the Guest Unit and the Property immediately without refund.
  19. Guest shall allow WhyHotel to access the Guest Unit for purposes of cleaning, maintenance, repairs, and improvements. WhyHotel shall attempt to make contact with Guest 24 hours in advance of exercising this access right in all situations except for cleaning, emergencies or violations of the Terms and Conditions.
  20. WhyHotel has the right to inspect the Guest Unit without prior notice to enforce these Terms and Conditions. Guest waives all rights to process upon failure to vacate the Guest Unit upon termination of the Guest Agreement, including early termination due to breach of these Terms and Conditions.
  21. WhyHotel shall not be held responsible or liable for, (i) the failure of any other company’s services, including a company’s error or service interruption, (ii) activity from neighbors, such as construction, noise, road repair, or maintenance, (iii) acts of nature such as adverse weather, (vi) protests, large gatherings or other interruptions of traffic and access, (v) acts of terrorism or (vi) any other event beyond WhyHotel’s reasonable control. WhyHotel will, however, attempt to inform Guests of and remedy any adverse issue within its control as quickly as reasonably practical.
  22. On rare occasions a Guest Unit will become unavailable in situations beyond the control of WhyHotel such as a major appliance failure, utilities failure or damage. Under these circumstances WhyHotel shall make every effort to accommodate affected Guests in another WhyHotel unit. If the Guest prefers to cancel with WhyHotel altogether and seek other accommodations, WhyHotel shall issue a full refund for any unspent nights. This is Guest’s sole remedy if a Guest Unit becomes unavailable.
  23. Guest shall indemnify and holds harmless the Owner and WhyHotel and their officers, employees and agents against any and all claims or demands made by a third party arising out of Guest’s (or any of Guest’s guest’s) (i) conduct, (ii) breach of these Terms and Conditions, (iii) violation of applicable law or (iv) use of the Guest Unit. Guest expressly recognizes that any insurance for property damage or loss which the Owner may maintain on the Guest Unit or the Property does not cover the personal property of Guest.
  24. Guest agrees to pay all reasonable costs, attorney's fees and expenses incurred by Owner and WhyHotel in enforcing these Terms and Conditions.
  25. A hold will be placed on your credit or debit card account for the full anticipated amount to be owed to the hotel, including estimated incidentals, through your date of check-out and such hold may not be released for 72 hours from the date of check-out or longer at the discretion of your card issuer.
  26. The Building Rules and Regulations are available in the host unit and incorporated into these Terms and Conditions by this reference. It is Guest’s responsibility to read and be familiar with each of the Building Rules and Regulations. Failure to observe any of the Building Rules and Regulations may result in the immediate cancellation of your Guest Agreement and the premature termination of your stay.
  27. Guest expressly understands and agree that WhyHotel shall not be liable for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exempt, or otherwise) resulting from access to or any use of, or inability to use or access, or reliance on, or functioning of, the Guest Unit, or resulting from any errors or omissions in the content of WhyHotel’s website, regardless of the basis upon which liability is claimed, even if WhyHotel has been advised of the possibility of such loss of damage.
  28. Unless expressly stated otherwise or prohibited by law, the Guest Unit is provided "as is," without warranties of any kind, either express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non infringement, quality, and warranties arising from a course of dealing, usage or trade practice. Except as otherwise expressly stated on WhyHotel’s website, without limitation to the foregoing, WhyHotel provides no warranty or undertaking, and makes no representation of any kind, whether express, implied, statutory or otherwise, that the Guest Unit or the Property will meet Guest's (or any other guest’s) requirements.
  29. These Terms and Conditions shall be governed by the laws of the state in which the Property is located, without regard to any conflict of law principles. Any dispute arising from or in connection with these Terms and Conditions, the Guest Unit or the Property shall be resolved by the Federal or state courts located in the county in which the Property is located. Guest expressly agrees that any claim or action related to the Guest Unit or these Terms and Conditions must be brought within one (1) year of his or her stay at the Guest Unit or will otherwise be permanently waived.
  30. These Terms and Conditions, together with those incorporated herein or referred to herein (including, the Building Rules and Regulations) constitute the entire agreement between Guest and Why Hotel, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing.
Guest, intending to be legally bound, does hereby agree to these Terms and Conditions on behalf of him or herself, the other Guests and his or her guests and affirms that the information provided through the booking website or otherwise is true, correct and complete. Any changes in the information provided, including but not limited to the number of guests must be promptly communicated to the WhyHotel reservationist.

DEFINITIONS

As used herein, the following terms have the following meanings:

  • Fee(s) — The fees listed within this agreement, as modified from time to time.
  • Guest — The registered Responsible Guest (together with all members of the Responsible Guest’s party which have been registered) legally in possession of or having a confirmed reservation for the Guest Unit.
  • Guest Agreement — The Guest’s legal right to use the Guest Unit and the Property, subject to, and in accordance with these Terms and Conditions.
  • Guest Unit — The apartment unit located in the Property, including all its carpets, furniture, equipment and other contents, which is the subject of the Guest Agreement.
  • Unit Fees — The total amount of fees due for each contracted stay in the Guest Unit at the Property, not including sales and occupancy taxes, cleaning fees and fees for damages.
  • Owner — MR 225 North Calvert Owner LP, is the owner of the Property for 225 North Calvert Street. Archstone Near Northeast, LLC, is the owner of the Property for 1st and K Street.
  • Property — The apartment building located at either 225 North Calvert Street or 1st and K Street, together with all carpets, furniture, equipment and other contents located therein and all of its related amenities and grounds.
  • Responsible Guest — The individual listed as making the reservation, who must be 21 years old or older.
  • Terms and Conditions — The terms and conditions specified herein
  • WhyHotel — WhyHotel, Inc.

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