top of page

Terms of Service

Guest Terms

1. Searching and Booking on Alexander Hotel . 

Booking. When you book a Listing, you are agreeing to pay all charges for your booking including  the Listing price, applicable fees like Alexander Hotel ’s cleaning fee, taxes, and any other items  identified during checkout (collectively, “Total Price”). If you choose to pay using a currency that  differs from the currency set by the Host for their Listing, the price displayed to you is based on a  currency conversion rate determined by us. You are also agreeing that Alexander Hotel via  Alexander Hotel Payments may charge the Payment Method (as defined in the Payment Terms)  used to book the Listing in order to collect Damage Claim (as defined in Section 14) amounts. 

When you receive the booking confirmation, a contract for Host Services (a "Reservation") is formed  directly between you and the Host. By making a Reservation you are agreeing to the terms of the  contract. The terms of the contract include these Terms, all terms of the Reservation, including  without limitation, the cancellation policy and any other rules, standards, policies, or requirements  identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to  read and understand these terms of the contract including these Terms and all terms of the  Reservation including all rules, standards, policies, and requirements prior to booking a Listing. Be  aware that some Hosts work with a co-host or as part of a team to provide their Host Services. 

Accommodation Reservations. An Accommodation Reservation is a limited license to enter,  occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation  during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the  Host, and (iii) permitted by applicable law. If you stay past checkout, the Host has the right to make  you leave in a manner permitted with applicable law, including by imposing reasonable overstay  penalties. You may not exceed the maximum number of allowed Guests. 

Reservations for Experiences and Other Host Services. An Experience or other Host Service  Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for  confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other  requirements. You are responsible for informing the Host of any medical or physical conditions, or  other circumstances that may impact your ability to participate, attend, or use the Experience  or Host Service. Except where expressly authorized, you may not allow any person to join an  Experience or Host Service unless they are included as an additional guest during the booking  process. 

2. Cancellations, Reservation Issues, Refunds and Booking Modifications. 

Cancellations, Reservation Issues, and Refunds.

In general, if you cancel a Reservation, the amount  refunded to you is determined by the Host's cancellation policy that applies to that Reservation.  But, in certain situations, other policies take precedence and determine what amount is refunded to  you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy. If the Host cancels, or you  experience a Reservation Issue (as defined in our Rebooking and Refund Policy), you may be  eligible for rebooking assistance or a partial or full refund under the Rebooking and Refund Policy.  Different policies apply to certain categories of Listings; for example Experiences Reservations are  governed by the Experiences Guest Refund Policy. See each Additional Legal  Term or Policy for details about what is covered, and what refund applies in each situation. You  may appeal a decision by Alexander Hotel by contacting our customer service. 

2.2 Booking Modifications.

Guests and Hosts are responsible for any booking modifications they  agree to make via the Alexander Hotel Platform or direct Alexander Hotel customer service to make  on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees, or taxes  associated with any Booking Modification. 

3. Your Responsibilities and Assumption of Risk. 

Your Responsibilities. You are responsible and liable for your own acts and omissions and are also  responsible for the acts and omissions of anyone you invite to join or provide access to any  Accommodation, all areas and facilities where the Accommodation is located that the Host and  Guest are legally entitled to use in connection with the Accommodation (“Common Areas”), or any  Experience or other Host Service. For example, this means: (i) you are responsible for leaving an  Accommodation (and related personal property) or Common Areas in the condition it was in when  you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts, and (iii) you  must act with integrity, treat others with respect, and comply with applicable laws at all times. If you  are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must  be legally authorized to act on behalf of the minor and you are solely responsible for the supervision  of that minor. 

Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree  that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of  your access to and use of the Alexander Hotel Platform and any Content (as defined in Section 9),  including your stay at any Accommodation, participation in any Experience, use of any other Host  Service, or any other interaction you have with other Members whether in person or online. This  means it is your responsibility to investigate a Host Service to determine whether it is suitable for  you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you  freely and willfully assume those risks by choosing to participate in those Host Services. 

Host Terms

4. Hosting on Alexander Hotel . 

Host. As a Host, Alexander Hotel offers you the right to use the Alexander Hotel Platform in  accordance with these Terms to share your Accommodation, Experience, or other Host Service with  our vibrant community of Guests - and earn money doing it. It’s easy to create a Listing and you are  in control of how you host - set your price, availability, and rules for each Listing. 

Contracting with Guests. When you accept a booking request, or receive a booking confirmation  through the Alexander Hotel Platform, you are entering into a contract directly with the Guest, and  are responsible for delivering the Host Service under the terms and at the price specified in your  Listing. You are also agreeing to pay applicable fees like Alexander Hotel ’s service fee (and 

applicable taxes) for each booking. Alexander Hotel Payments will deduct amounts you owe from  your payout unless we and you agree to a different method. Any terms or conditions that you include  in any supplemental contract with Guests must: (i) be consistent with these Terms, our Additional  Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description. 

Independence of Hosts. Your relationship with Alexander Hotel is that of an independent individual  or entity and not an employee, agent, joint venturer, or partner of Alexander Hotel , except that  Alexander Hotel Payments acts as a payment collection agent as described in the Payments Terms.  Alexander Hotel does not direct or control your Host Service, and you understand that you have  complete discretion whether and when to provide Host Services, and at what price and on what  terms to offer them. 

General Terms 

5. Reviews. 

After each Host Service, Guests and Hosts will have an opportunity to review each other. Your  Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other  language that violates these Terms, applicable law, or our Content Policy or Review Policy.  Reviews are not verified by Alexander Hotel for accuracy and may be incorrect or misleading. 

6. Fees. 

Alexander Hotel may charge fees (and applicable Taxes) to Hosts and Guests for the right to use  the Alexander Hotel Platform. More information about when service fees apply and how they are  calculated can be found on our Service Fees page. Any applicable fees are disclosed to Guests  before making a Booking. Except as otherwise provided on the Alexander Hotel Platform, service  fees are non-refundable. Alexander Hotel reserves the right to change the service fees at any time,  and will provide Members notice of any fee changes before they become effective. Fee changes will  not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 12.2. 


7. Termination, Suspension and other Measures. 

Term. The agreement between you and Alexander Hotel reflected by these Terms is effective when  you access the Alexander Hotel Platform (for example to create an account) and remains in effect  until either you or we terminate the agreement in accordance with these Terms. 

Termination. You may terminate this agreement at any time by sending us an email or by deleting  your account. Alexander Hotel may terminate this agreement and your account for any reason by  providing you 30 days’ notice via email or using any other contact information you have provided for  your account. Alexander Hotel may also terminate this agreement immediately and without notice  and stop providing access to the Alexander Hotel Platform if you breach these Terms, you violate  our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Alexander Hotel , its Members, or third parties. If your account  has been inactive for more than two years, we may terminate your account without prior notice.

Member Violations. If (i) you breach these Terms, our Additional Legal Terms, Policies, or  our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Alexander  Hotel believes it is reasonably necessary to protect Alexander Hotel , its Members, or third parties;  Alexander Hotel may, with or without prior notice: 

• suspend or limit your access to or use of the Alexander Hotel Platform and/or your account; • suspend, remove, disable access to, or restrict visibility of Listings, Reviews, or other  Content; 

• cancel pending or confirmed bookings; or 

• suspend or revoke any special status associated with your account. 

For minor violations or where otherwise appropriate as Alexander Hotel determines in its sole  discretion, you will be given notice of any intended measure by Alexander Hotel and an opportunity  to resolve the issue. You may appeal actions taken by us under this Section by contacting customer  service. If a Reservation is canceled under this Section, the amount paid to the Host will be reduced  by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a  result of the cancellation. 

Legal Mandates. Alexander Hotel may take any action it determines is reasonably necessary to  comply with applicable law, or the order or request of a court, law enforcement, or other  administrative agency or governmental body, including the measures described above in Section  12.3. 

Effect of Termination. If you are a Host and terminate your Alexander Hotel account, any confirmed  booking(s) will be automatically canceled and your Guests will receive a full refund. If you terminate  your account as a Guest, any confirmed booking(s) will be automatically canceled and any refund  will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been  terminated, you are not entitled to a restoration of your account or any of your Content. If your  

access to or use of the Alexander Hotel Platform has been limited, or your Alexander Hotel account  has been suspended, or this agreement has been terminated by us, you may not register a new  account or access or use the Alexander Hotel Platform through an account of another Member. 

survival. Parts of these Terms that by their nature survive termination, will survive termination of this  agreement, including Sections 1 through 25. 

8. Modification. 

Alexander Hotel may modify these Terms at any time. When we make material changes to these  Terms, we will post the revised Terms on the Alexander Hotel Platform and update the “Last  Updated” date at the top of these Terms. We will also provide you with notice of any material  changes by email, notifications through the Alexander Hotel Platform, messaging service, or any  other contact method made available by us and selected by you at least 30 days before the date they  become effective. If you disagree with the revised Terms, you may terminate this agreement  immediately as provided in these Terms. If you do not terminate your agreement before the date the  revised Terms become effective, your continued access to or use of the Alexander Hotel Platform  will constitute acceptance of the revised Terms. 

9. Resolving Complaints and Damage Claims. 

If a Member provides valid evidence that you, your guest(s), or your pet(s) have:

(i) damaged the complaining Member’s, or the Accommodation owner’s (where the Accommodation  owner is not also the Host), real or personal property, or real or personal property the complaining  Member is responsible for, or has an economic interest in; or 

(ii) caused loss of booking income for bookings via the Alexander Hotel Platform or other  consequential damages which result directly from the damage caused under (i) above; or 

(iii) otherwise caused the complaining Member to incur cleaning costs in excess of the Member’s  cleaning fee (each of (i), (ii), and (iii) being a ("Damage Claim"), 

You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or  if the Damage Claim is escalated to Alexander Hotel and Alexander Hotel determines in its sole  discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Alexander  Hotel via Alexander Hotel Payments can collect the amount of the Damage Claim from you. You  agree that Alexander Hotel may seek to recover from you under any insurance policies you maintain  and that Alexander Hotel may also pursue against you any remedies it may have available under  applicable law, including referral of the matter to a collections agency, and/or pursuit of available  causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Alexander Hotel requests, execute documents, and take further reasonable action, in  connection with Damage Claims, Member complaints, claims under insurance policies, or other  claims related to your provision or use of Host Services. 

Disclaimer of Warranties. 

We provide the Alexander Hotel Platform and all Content “as is” without warranty of any kind and  we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or  warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest,  Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption  of the Alexander Hotel Platform; and (iii) we do not warrant that verification, identity or  background checks conducted on Listings or Members (if any) will identify past misconduct or  prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or Alexander Hotel has completed a relevant  verification or identification process and nothing else. The disclaimers in these Terms apply to the  maximum extent permitted by law. If you have statutory rights or warranties Alexander  Hotel cannot disclaim, the duration of any such statutorily required rights or warranties, will be  limited to the maximum extent permitted by law. 

10. Limitations on Liability. 

Neither Alexander Hotel (including its affiliates and personnel) nor any other party involved in  creating, producing, or delivering the Alexander Hotel Platform or any Content 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) these Terms, (ii) the use of or inability to use the Alexander Hotel  Platform or any Content, (iii) any communications, interactions or meetings you may have with  someone you interact or meet with through, or as a result of, your use of the Alexander Hotel  Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services,  whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Alexander Hotel has been informed of the possibility of such damage,  even if a limited remedy set out in these Terms is found to have failed of its essential purpose. 

Except for our obligation to transmit payments to Hosts under these Terms, or make payments  under the Alexander Hotel Host Damage Protection, in no event will Alexander Hotel ’s aggregate  liability for any claim or dispute arising out of or in connection with these Terms, your interaction  with any Members, or your use of or inability to use the Alexander Hotel Platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month  period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in  the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred  U.S. dollars (US$100). 

These limitations of liability and damages are fundamental elements of the agreement between  you and Alexander Hotel . If applicable law does not allow the limitations of liability set out in these  Terms, the above limitations may not apply to you. 

10. Indemnification. 

To the maximum extent permitted by applicable law, you agree to release, defend (at Alexander  Hotel ’s option), indemnify, and hold Alexander Hotel (including Alexander Hotel Payments, other  affiliates, and their personnel) 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 these Terms (including any supplemental or  

additional terms that apply to a product or feature) or our Additional Legal  Terms, Policies or Standards, (ii) your improper use of the Alexander Hotel Platform, (iii) your  interaction with any Member, stay at an Accommodation, participation in an Experience or other  Host Service, including 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 such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to  accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party  rights such as intellectual property or privacy rights. 

11. United States Governing Law and Venue. 

If you reside or have your place of establishment in the United States, these Terms will be  interpreted in accordance with the laws of the State of Kentucky and the United States of America,  without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions)  that are excluded from the arbitration agreement in Section 22 must be brought in state or federal  court in Leitchfield, Ky unless we both agree to some other location. You and we both consent to  venue and personal jurisdiction in Leitchfield, Ky. 

12. United States Dispute Resolution and Arbitration Agreement. 


Application. This Arbitration Agreement only applies to you if your country of residence or  establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Alexander Hotel in the United  States, this Arbitration Agreement will apply for determination of the threshold issue of whether this  Section 22 applies to you, and all other threshold determinations, including residency, arbitrability,  venue, and applicable law. 

Overview of Dispute Resolution Process. Alexander Hotel is committed to participating in a  consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part  process for individuals to whom this Section 22 applies: (1) an informal negotiation directly with  Alexander Hotel ’s customer service team (described in paragraph 22.3, below), and if necessary (2)  a binding arbitration in accordance with the terms of this Arbitration Agreement. You and Alexander  Hotel each retain the right to seek resolution of the dispute in small claims court as an alternative to  arbitration. 

Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating  an arbitration, you and Alexander Hotel each agree to send the other party an individualized notice  of the dispute in writing (“Pre-Dispute Notice") and attempt in good faith to negotiate an informal  resolution of the individual claim. You must send your Pre-Dispute Notice to Alexander Hotel by mailing it to Alexander Hotel ’s agent for service:CSC Lawyers Incorporating Service, 2710 Gateway  Oaks Drive, Suite 150N, Sacramento, Kentucky 95833. Alexander Hotel will send its Pre-Dispute  Notice to the email address associated with your Alexander Hotel account. A Pre-Dispute Notice  must include: the date, your name, mailing address, your Alexander Hotel username, the email address you used to set up your Alexander Hotel account, your signature, a brief description of the  dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day  period, only then may either party commence arbitration by filing a written demand for arbitration  with the arbitration provider designated pursuant to Section 22.6, below. A claimant’s Pre-Dispute  Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and  evidence that it was sent as required by this Section must be attached to any arbitration demand. 

Agreement to Arbitrate. You and Alexander Hotel mutually agree that any dispute, claim or  controversy arising out of or relating to these Terms or the applicability, breach, termination,  validity, enforcement or interpretation thereof, or any use of the Alexander Hotel Platform, Host  Services, or any Content (collectively, “Disputes”) will be settled by binding arbitration on an  individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration  Agreement can be enforced or applies to a Dispute, you and Alexander Hotel agree that an  arbitrator will decide that issue. For the avoidance of doubt, you and Alexander Hotel agree that  any question regarding arbitrability and the formation, enforceability, validity, scope, or  interpretation of all or part of this Section 22, including any dispute over compliance with the Pre Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved  exclusively by an arbitrator. 

Exceptions to Arbitration Agreement. You and Alexander Hotel each agree that the following  causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be  brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i)  any claim or cause of action alleging actual or threatened infringement, misappropriation or violation  of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii)  any claim or cause of action seeking emergency injunctive relief based on exigent circumstances  (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the  remedy of public injunctive relief; (iv) any claim or cause of action for vexatious litigation; or (v) any  individual claim of sexual assault or sexual harassment arising from your use of the Alexander Hotel  Platform or Host Services. You and Alexander Hotel agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of  action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal  Arbitration Act. 

Arbitration Forum Rules and Governing Law. This Arbitration Agreement evidences a transaction in  interstate commerce and the Federal Arbitration Act governs all substantive and procedural  interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will  be administered by ADR Services, Inc. (“ADR”) ( in accordance with Rules 1,  6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal  Rules") ( procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR  Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this  Arbitration Agreement. The ADR Rules are available at If an arbitration  demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and  ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the  American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the  AAA’s Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by  the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available  at If the AAA cannot and will not administer the arbitration, you and Alexander Hotel  shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or  Alexander Hotel may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the  arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless  those rules are inconsistent with the provisions of this Arbitration Agreement. 

Modification of Arbitration Rules - Arbitration Hearing/Location. In order to make the arbitration  most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration  wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via  video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any  required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000  shall be conducted in Leitchfield County except as otherwise agreed by the parties or instructed by  the arbitrator. If the amount in controversy is $10,000 or less, the parties agree to proceed solely on  the submission of documents to the arbitrator. 

Modification of Arbitration Rules -Arbitration Fees and Costs. Your arbitration fees and your share  of arbitrator compensation shall be governed by the ADR Rules and the ADR Services fee schedule  (available at If you have a gross monthly income of less than 300% of the  federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of  

arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration  under oath stating your monthly income and the number of persons in your household. If a fee  waiver is granted by the arbitration provider and you provide Alexander Hotel with documents  necessary to prove that your gross monthly income is less than 300% of the federal poverty  guidelines, Alexander Hotel will pay your share of any arbitrator fees. 

Modification of Arbitration Rules -Claims Brought for an Improper Purpose or In Violation of This  Arbitration Agreement. Either party may make a request that the arbitrator impose sanctions upon  proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in  fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party’s  reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or  law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek  dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either  party may assert in arbitration a counterclaim for the other party’s initiation of proceedings  concerning an arbitrable Dispute without complying with or otherwise in violation of the  requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings  concerning an arbitrable Dispute without complying with or otherwise in violation of the  requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual  damages, including but not limited to reasonable attorneys’ fees and costs. 

Arbitrator’s Decision. The arbitrator will issue a written decision which shall include the essential  findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration  award may be entered in any court with proper jurisdiction. The arbitrator may award any relief  allowed by law or the ADR Rules, but declaratory or injunctive relief may be awarded only on an  individual basis and only to the extent necessary to provide relief warranted by the claimant’s  individual claim.


Jury Trial Waiver. You and Alexander Hotel acknowledge and agree that both parties are each  waiving the right to a trial by jury as to all arbitrable Disputes. 

No Class Actions or Representative Proceedings. You and Alexander Hotel acknowledge and agree  that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff  or class member in any purported class action lawsuit, class-wide arbitration, private attorney  general action, or any other representative or consolidated proceeding. Unless we agree in writing or  as provided in this agreement, the arbitrator may not consolidate more than one party’s claims and  may not otherwise preside over any form of any class or representative proceeding. If there is a final  judicial determination that applicable law precludes enforcement of the waiver contained in this  paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or  requested remedy, and only that claim, cause of action or requested remedy, will be severed from  this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that  a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we  agree that the claims, causes of action or requested remedies that are not subject to arbitration will  be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the  arbitrator. 

Mass Action Waiver. You and Alexander Hotel acknowledge and agree that the relative benefits  and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180  days which (1) involve the same or similarly situated parties; (2) are based on the same or similar  claims which arise from the same or substantially identical transactions, incidents, alleged violations  or events requiring the determination of the same or substantially identical questions of law or fact;  and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you  and Alexander Hotel agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 21 and 22.12 of these Terms will continue to  apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted  within a set of claims identified by either party shall decide whether those claims are part of a Mass  Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine  whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents  you or Alexander Hotel from participating in a mass settlement of claims. 

Modification of Arbitration Rules – Mass Action Batching Requirements. If for any reason,  notwithstanding Section 22.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined  by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example,  the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second  batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate  the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed  by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing  conference for that batch. Notwithstanding the forgoing, if any claimant’s demand has not been the  subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action,  such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to  Sections 21 and 22.12 of these Terms. 

Modifications of Arbitration Rules - Offers of Judgment. At least 10 days before the date set for  the arbitration hearing, you or Alexander Hotel may serve a written offer of judgment on the other  party to allow judgment on specified terms. If the offer is accepted, the offer with proof of  acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If  the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever  occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other  than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one  party is not accepted by the other party, and the other party fails to obtain a more favorable award,  the other party shall not recover their post-offer costs and shall pay the offering party’s costs  (including all fees paid to the arbitration provider) from the time of the offer. 

Severability. Except as provided in Section 22.11, in the event that any portion of this Arbitration  Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of  the Arbitration Agreement will be given full force and effect. 

Amendment to Agreement to Arbitrate. If Alexander Hotel amends this Section 22 after the date  you last accepted these Terms (or accepted any subsequent changes to these Terms), you may  reject the change by sending us written notice no later than 30 days of the date the change is  effective. Your notice must include your name, mailing address, the date of the notice, your  Alexander Hotel username, the email address you used to set up your Alexander Hotel account,  your signature, and an unequivocal statement that you want to opt out of the amended Section 22.  You must either mail your notice to this address: 888 Brannan St, Leitchfield, CA 94103, Attn:  Arbitration Opt-Out, or email the opt-out notice to arbitration.opt.out@Alexander Hotel .com.  Rejecting a new change, however, does not revoke or alter your prior consent to any earlier  agreements to arbitrate any Dispute between you and Alexander Hotel (or your prior consent to any  subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between  you and Alexander Hotel . 

Survival. Except as provided in Section 22.12 and subject to Section 12.6, this Section 22 will  survive any termination of these Terms and will continue to apply even if you stop using the  Alexander Hotel Platform or terminate your Alexander Hotel account. 

13. Miscellaneous. 

Interpreting these Terms. Except as they may be supplemented by additional terms, conditions,  policies, guidelines, standards, and in-product disclosures, these Terms (including those items  incorporated by reference) constitute the entire agreement between Alexander Hotel and you  pertaining to your access to or use of the Alexander Hotel Platform and supersede any and all prior oral or written understandings or agreements between Alexander Hotel and you. These Terms do  not and are not intended to confer any rights or remedies upon anyone other than you and Alexander  Hotel . If any provision of these Terms is held to be invalid or unenforceable, except as otherwise  indicated above, such provision will be struck and will not affect the validity and enforceability of the  remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the  same meaning as “shall.” 

No Waiver. Alexander Hotel ’s failure to enforce any right or provision in these Terms 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 these Terms, the exercise by either party of any of its remedies  under these Terms will be without prejudice to its other remedies under these Terms or otherwise  permitted under law. 

Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations  hereunder without Alexander Hotel 's prior written consent. Alexander Hotel may without restriction  assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole  discretion, with 30 days’ prior notice. 

Notice. Unless specified otherwise, any notices or other communications to Members permitted or  required under this agreement, will be provided electronically and given by Alexander Hotel via  email, Alexander Hotel Platform notification, messaging service (including SMS and WeChat), or any  other contact method we enable and you provide. If a notification relates to a booking or Listing in  Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written  statement, satisfies Alexander Hotel ’s obligations under Article 59 (1) of the Japanese Housing  Accommodation Business Act. 

Third-Party Services. The Alexander Hotel Platform may contain links to third-party websites,  applications, services or resources (“Third-Party Services”) that are subject to different terms and  privacy practices. Alexander Hotel is not responsible or liable for any aspect of such Third-Party  Services and links to such Third-Party Services are not an endorsement. 

Google Terms. Some translations on the Alexander Hotel Platform are powered by Google. Google  disclaims all warranties related to the translations, express or implied, including any warranties of  accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose  and non-infringement. Some areas of the Alexander Hotel Platform implement Google Maps/Earth  mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to  

the Google Maps/Google Earth Additional Terms of Service. 

Apple Terms. If you access or download our application from the Apple App Store, you agree  to Apple’s Licensed Application End User License Agreement. 

Platform Content. Content made available through the Alexander Hotel Platform, including without  limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and  object code), customer and marketing information and other content (“Platform Content”), whether  registered or unregistered, which may be protected by copyright, trademark, patent, trade secrets,  know how, and/or other laws of the United States and other countries. You acknowledge that all  intellectual property rights for that Platform Content are the exclusive property of Alexander Hotel  and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark,  service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare  derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit,  broadcast or otherwise exploit any Platform Content accessed through the Alexander Hotel  Platform except to the extent you are the legal owner of that Platform Content or as expressly  permitted in these Terms. Subject to your compliance with these Terms, Alexander Hotel grants you  a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and  use the Application on your personal device(s); and (ii) access and view the Platform Content made  available on or through the Alexander Hotel Platform and accessible to you, solely for your personal  and non-commercial use. 

Force Majeure. Alexander Hotel shall not be liable for any delay or failure to perform resulting from  abnormal or unforeseeable circumstances outside its reasonable control, the consequences of  which would have been unavoidable despite all efforts to the contrary, including, but not limited to,  acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities,  fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation  facilities, fuel, energy, labor or materials. 

Emails and SMS. You will receive administrative communications from us using the email address  or other contact information you provide for your Alexander Hotel account. Enrollment in additional  email subscription programs will not affect the frequency of these administrative emails, though you  should expect to receive additional emails specific to the program(s) to which you have subscribed.  You may also receive promotional emails from us. No fee is charged for these promotional emails,  but third-party data rates could apply. You can control whether you receive promotional emails using  the notification preferences in your account settings. Please note that you will not be able to take  advantage of certain promotions if you disable certain communication settings or do not have an  Alexander Hotel account. In the U.S. if you consent to receive SMS (text messages) from us, you will  be subject to our SMS Terms. 

26.13 Contact Us.

If you have any questions about these Terms please email us. Schedule 1 - Contracting Entities 



Booking or offering certain  hotels or traditional accommodations, where



McKinzie & Co LLC is identified in the checkout or listing  process. 


Alexander Hotel / McKinzie  & Co LLC

82 Public Square, Leitchfield, Ky.  United States 

Booking or offering accommodations located in the United States for stays of  28 nights or more where  Alexander Hotel Inc. is  identified in the checkout or listing process.

bottom of page