For the purposes of this subchapter, the following terms have the following meanings:
Hotel. The term "hotel" means a transient hotel as defined in section 12-10 of the New York city zoning resolution or any successor provision of such resolution.
Room. The term "room" means a room available or let out for use or occupancy in a hotel.
Service disruption. The term "service disruption" means any of the following conditions where such condition substantially affects or is likely to substantially affect any guest's use of a room or utilization of a hotel service:
(i) construction work in or directly related to the hotel that creates excessive noise that is substantially likely to disturb a guest, other than construction that is intended to correct an emergency condition or other condition requiring immediate attention;
(ii) conditions of which the hotel is aware, indicating the presence in the hotel of any infestation by bed bugs, lice or other insects, rodents or other vermin capable of spreading disease or being carried, including on one's person, if such infestation has not been fully treated within 24 hours of identifying it;
(iii) the unavailability, for a period of 48 hours or more, of any advertised hotel amenity, including, but not limited to, a pool, spa, shuttle service, internet access, or food and beverage service;
(iv) the unavailability, for a period of 48 hours or more, of any advertised room appliances or technology, including but not limited to, in-room refrigerators, or internet or Wi-Fi services;
(v) the unavailability of any advertised or legally required accessibility feature, including, but not limited to, an elevator, wheelchair lift, ramp, or accessible bathroom in such room or in any common area of the hotel;
(vi) the unavailability for a period of 24 hours or more, of any utility, including, but not limited to, gas, water or electricity when the unavailability affects only the location of the hotel; or
(vii) any strike, lockout or picketing activity, or other demonstration or event for a calendar day or more at or immediately adjacent to such hotel.
Third-party vendor. The term "third-party vendor" means a vendor with which a hotel has an arrangement for third-party room reservations, or any other entity that has reserved or entered into an agreement or booking for the use or occupancy of one or more rooms in a hotel in furtherance of the business of reselling such rooms to guests.
(L.L. 2020/099, 9/28/2020, eff. 1/26/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/099.