artotel_less_arty_issues_v2_180910

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Insurance & legal
Insurance requirements
Licensee or Hotel Licensee must meet the insurance
requirements specified in the Agreement or this Manual, unless
specifically indicated to the contrary.
art’otel must receive a certificate of insurance evidencing the
required coverage is in effect for the hotel prior to the hotel
going live for reservations in the Central Reservation System
(CRS) for art’otel.
In order to remain online with art’otel, updated certificates of
insurance must be provided to art’otel on an annual basis, or
sooner if any policies are renewed, carriers are changed, or
coverage is otherwise modified.
All insurance policies must contain limits, endorsements, and
riders necessary to adequately protect art’otels’ interests that
meet or exceed the minimum requirements contained in the
hotel's licence, management, and operating agreement, and
that meet the minimum standards applicable to the hotel.
Adequacy of insurance
The Brand makes no representation, implied or express,
that|the foregoing insurance requirements are adequate
to protect the Licensee.
The insurance coverage requirements contained in this Manual
are only minimum requirements. These requirements do not
relieve the Licensee from responsibility for any loss or claim for
damages arising out of the Agreement. The Licensee must
indemnify the Brand for any claim for damages due to failure
of the Licensee or any Contractor, supplier, or vendor doing
business with the Licensee to maintain adequate insurance.
To ensure compliance, the Brand strongly recommends that the
Licensee reproduce all insurance requests in full and submit
them to an agent or broker experienced in writing insurance
for hotels.
If the Licensee does not obtain or maintain the required
insurance or policy limits, the Brand can (but is not obligated to)
obtain and maintain the insurance for the Licensee without first
giving Licensee notice. If the Brand does so, then the Licensee
must immediately pay the Brand, upon request, the premiums
and costs incurred by the Brand.
All art’otel are required to have adequate insurance coverage
and to obtain, and maintain, certificates of insurance as proof
of coverage.
Insurance policies must be in the name of the Licensee or the
hotel Licensee, except for General/Public Liability insurance.
For that instance, the Brand or its designee will, at the
Licensee’s cost, procure upon the commencement of operation
of the hotel and maintain at all times during the term of the
Agreement, if available on terms and conditions commensurate
with the risk, third-party General/Public liability insurance in
such amounts as the Brand may deem necessary. The Licensee
will be named as an additional or co-insured party. On all
other occasions, PPHE Hotel Group and its affiliates must be
named as an additional insured party on all liability policies.
Legal obligations
Every art’otel hotel must report to the art’otel corporate office
any legal action being taken by the hotel or against the hotel
within ten business days.
PPHE Hotel Group, and its affiliates and subsidiaries must be
‘additionally insured’ on all hotel insurance policies.
No hotel may enter into any contract or agreement that
includes or infers any responsibility or obligation on the part
of art’otel.
Hotels must strictly comply with all laws, regulations and codes -
federal, state, provincial or local - that apply to the operation
of a hotel or its parts. Additionally, all applicable regulations
and codes relating to health and safety, use of broadband and
spectrum, communications, competition and all federal and
state/provincial equal employment opportunity, human rights,
rules and regulations, wage and hour laws and labour laws
must be strictly observed.
It is the responsibility of the Licensee to comply with the data
protection, security and privacy laws of the countries in which
they are located and the current privacy policy of art’otel.
The art’otel privacy policy is posted on-line and can be found at
www.artotels.com.
Each Licensee is encouraged and expected to obtain its own
legal counsel to make sure that the Licensee and the hotel are in
such compliance. art’otel provides no advice or counsel, legal
or otherwise, with respect to the steps that the Licensee and the
hotel must take to comply with applicable laws or regulations or
the art’otel Privacy Policy.
If the hotel is operated under a licence agreement, a sign must
be posted in the front desk area advising guests, ‘This hotel is
independently owned and operated under a licence agreement
with PPHE Hotel Group.’
art’otel brand book
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