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Last Updated: January 15, 2025
Please read these Terms of Service ("Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the LuxeStays Platform, you agree to comply with and be bound by these Terms.
The LuxeStays Platform is an online marketplace that enables registered users ("Members") and certain third parties who offer services (Members and third parties who offer services are "Hosts" and the services they offer are "Host Services") to publish such Host Services on the LuxeStays Platform ("Listings") and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are "Guests"). Host Services may include the offering of vacation or other properties for use ("Accommodations"), single or multi-day activities in various categories ("Experiences"), access to unique events and locations ("Events"), and a variety of other travel and non-travel related services.
As the provider of the LuxeStays Platform, LuxeStays does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is LuxeStays an organizer or retailer of travel packages under Directive (EU) 2015/2302. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. LuxeStays is not and does not become a party to or other participant in any contractual relationship between Members, nor is LuxeStays a real estate broker or insurer. LuxeStays is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the LuxeStays Platform or register an LuxeStays Account. By accessing or using the LuxeStays Platform, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 LuxeStays may make access to and use of the LuxeStays Platform, or certain areas or features of the LuxeStays Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member's identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third-party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of local or foreign background or registered sex offender checks.
LuxeStays reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the LuxeStays Platform and update the "Last Updated" date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the LuxeStays Platform will constitute acceptance of the revised Terms.
4.1 You must register an account ("LuxeStays Account") to access and use certain features of the LuxeStays Platform, such as publishing or booking a Listing. If you are registering an LuxeStays Account for a business, organization, or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an LuxeStays Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your LuxeStays Account and your SNS Account at any time, by accessing the "Settings" section of the LuxeStays Platform.
4.3 You must provide accurate, current, and complete information during the registration process and keep your LuxeStays Account and public LuxeStays Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) LuxeStays Account unless LuxeStays authorizes you to do so. You may not assign or otherwise transfer your LuxeStays Account to another party.
5.1 LuxeStays may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the LuxeStays Platform ("Member Content"); and (ii) access and view Member Content and any content that LuxeStays itself makes available on or through the LuxeStays Platform, including proprietary LuxeStays content and any content licensed or authorized for use by or through LuxeStays from a third party ("LuxeStays Content" and together with Member Content, "Collective Content").
5.2 The LuxeStays Platform, LuxeStays Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the LuxeStays Platform and LuxeStays Content, including all associated intellectual property rights, are the exclusive property of LuxeStays and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the LuxeStays Platform, LuxeStays Content or Member Content.
6.1 LuxeStays may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the LuxeStays Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. LuxeStays reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
7.1 Hosts and Guests are responsible for any modifications to a booking that they make via the LuxeStays Platform or direct LuxeStays customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
7.2 Guests can cancel a confirmed booking at any time pursuant to the Listing's cancellation policy set by the Host, and LuxeStays will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by LuxeStays pursuant to the Payments Terms.
7.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. In some instances, LuxeStays may allow the Guest to apply the refund to a new booking, in which case LuxeStays will credit the amount against the Guest's subsequent booking at the Guest's direction.
8.1 These Terms will be interpreted in accordance with the laws of the State of California 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 8.2 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
8.2 Agreement to Arbitrate. You and LuxeStays 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 to the use of the LuxeStays Platform, the Host Services, or the Collective Content (collectively, "Disputes") will be settled by binding individual arbitration (the "Arbitration Agreement"). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and LuxeStays agree that the arbitrator will decide that issue.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the LuxeStays Platform ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the LuxeStays Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
10.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between LuxeStays and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between LuxeStays and you in relation to the access to and use of the LuxeStays Platform.
10.2 No joint venture, partnership, employment, or agency relationship exists between you and LuxeStays as a result of this Agreement or your use of the LuxeStays Platform.
10.3 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
If you have any questions about these Terms, please email us at legal@luxestays.com.