Terms and Conditions

TERMS AND CONDITIONS OF PROPERTY USE

These Terms and Conditions of Use (“Terms”) are a binding legal agreement between you, the guest or potential guest at a Property, and Luxus Vacation Properties US LP (a Delaware Limited Partnership), by its general partner, Luxus Vacation Properties US General Partner Corp. (a Delaware Corporation) (“LVP”).

These Terms govern your booking, use, and occupation of certain residences (each, a “Property”) owned by private individuals or entities (each, an “Owner”) that have contracted with LVP to find short-term rental guests for the Property. These Terms supplement the financial terms, including price, fees, taxes, deposits, and any other terms agreed to with LVP at the time of creating a reservation with LVP.

BOOKING AND CANCELLATIONS

Booking. When you book a Property (a “Reservation”), you are agreeing to pay all charges associated with the Property including the listing price, applicable fees and taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that LVP may charge the supplied credit card or other payment method for the Total Price as well as any required deposit amounts in accordance with the stated payment schedule. When you receive the Reservation confirmation, a contract is formed directly between you and LVP for use of the Property. In addition to these Terms, you will be subject to, and responsible for complying with any other rules, standards, policies, or requirements identified in the Property listing, or implemented during your length of stay, that apply to the specific Property. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Property.

Reservations and LVP Right of Entry. A Reservation is a limited license to enter, occupy, and use the Property. LVP and its agents and contractors retain the right to re-enter the Property during your stay, to the extent: (i) it is reasonably necessary, including reasonably necessary for the purposes of enforcing these Terms, investigating breaches of these Terms, preserving the Property or addressing any emergent issues or safety concerns that LVP or its agents and contractors reasonably believe to be present or occurring at the Property, (ii) permitted by your contract with LVP, and (iii) consistent with applicable law. If you or your guests stay past the contractual checkout date and time, LVP has the right to use all legal avenues available to them to make you and your guests leave the Property, including charging your credit card for overstay penalties and any additional costs, expenses or penalties incurred by LVP as a result of your overstay. Except as required by applicable law, a Reservation does not create or entitle you to any property or quasi property rights or any rights of a residential tenant.

Confirmation of Reservation. The person who signed the Terms is the Group Leader. The Group Leader must be at least 25 years old of age and must be a member of the group staying at the Home. The Group Leader is responsible for informing all Guests and visitors of these Terms and the Group Leader is responsible for the actions of all Guest in the party and visitors. The Group Leader will provide a credit card to be kept on file to which any amounts payable by Guests may be charged. LVP will provide a Confirmation of Reservation once it has received the required payment as set forth in “Schedule A” and once the Terms have been signed and submitted to LVP.

Payment Schedule and Cancellation Policy. Unless otherwise stated at the time of booking, all Reservations shall be subject to the Payment Schedule set forth in Schedule “A” hereto and once made, all Reservations shall be subject to the cancellation policy attached as Schedule “A” hereto, which remains subject to change from time to time in the sole discretion of LVP. It is recommended that you obtain your own trip cancellation insurance to supplement the LVP cancellation policy.

USE OF THE PROPERTY

Use of the Property. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone else you invite to join you at a Property or anyone else to whom you provide access to the Property. Without restricting the generality of the foregoing, you agree with LVP as follows:

you are responsible for leaving a Property and the existing personal property at the Property in the condition it was in when you arrived,

you are responsible for leaving a Property and the existing personal property at the Property in the condition it was in when you arrived,you are responsible for notifying LVP of any issues with the Property that are discovered during your stay,

you will not use the Property or book or complete a Reservation if you, your guests, or your invitees are subject to a contagious disease, are members of an organized crime group, or are prohibited by law from using the Property,

you are responsible for paying all Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) (if permitted) cause to a Property,

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, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor,

you are responsible for complying with rules, standards, policies and requirements for each particular Property that may be identified at the time of booking, or that you may be reasonably notified of after booking,

you will not use the Property for any public or private event, gathering, party, assembly, commercial or illegal purpose,

you will only use the Property for the purposes of short-term rental accommodations and will use the Property in a manner that respects any adjacent property owners and observes published or local quiet hours,

if parking is provided with the Property, you will abide by any parking signs and any published restrictions or rules with respect to shared parking facilities or street parking,

unless specifically permitted in the Property listing at the time of booking, the Property shall be deemed to be smoke-free (including tobacco and cannabis) and pet-free,

not to use, transmit, share or publish any personal information of the Owner or other persons that may be present at the Property,

not to directly contact the Owner of the Property for any reason,

not to use or caused to be used excessive water, electrical, gas and sewer services at the Property, where excessive shall mean excessive having regard to the size, style, location, furnishings and permitted use of the Property,

LVP is not responsible for any of your personal items that are left at the Property at the conclusion of your Reservation or that are stolen from the Property,

to immediately cease any acts or omissions while at or in the vicinity of the Property, which LVP has deemed to be objectionable,

not to photograph or video any part of the Property for a commercial purpose, and upon the request of LVP to immediately and permanently rescind the publication of any photograph or videos taken on or of the Property, whether or not for a commercial purpose.

DAMAGE TO THE PROPERTY

Damage Claims. After your Reservation, and, to the extent LVP is notified of possible damage to the Property during the Reservation, then during the Reservation, LVP or its agents and contractors may inspect the Property for damage, defacement, and non-authorized use of the Property giving rise to extra or excessive cleaning (each, a “Damage Claim”). You will be notified of each Damage Claim and given an opportunity to respond. If, after investigation, LVP, in its sole discretion, determines that you, your guests, your pets, or your invitees are responsible for the Damage Claim, then you will be charged the cost of repairing such Damage Claim and returning the Property to the state that it existed at the commencement of your Reservation. You will also be charged for consequential damages including lost revenue, by reason of the Property not being able to be occupied, and the full amount of any third-party claims made against LVP as a result of cancelled reservations for other guests of the Property. You hereby authorize LVP to charge the credit card you supplied to LVP at the time of booking for any and all Damage Claims, and to apply any pre-authorized deposits against the Damage Claim in whole or in part, at the discretion of LVP.

Breaches of these Terms. If you, your guests, or your invitees, breach these Terms, or LVP has reasonable grounds to believe you, your guests, or your invitees, are about to or intend to breach these Terms, LVP may, with or without prior notice to you, and in its discretion take any one or more of the following actions:

terminate your Reservation, whether or not it has already commenced, without refund,

require you to immediately vacate the Property, using whatever legal means necessary,

terminate any future Reservations you may have with LVP, with or without refund, at the sole discretion of LVP,

charge the credit card you supplied to LVP for any Damage Claims or other losses, expenses or costs incurred by LVP or the Owner as a result of a breach of these Terms by you, your guests, or your invitees, and to the extent such losses, expenses or costs are not covered by or chargeable to your credit card, LVP may use all other legal means available to recover such amounts from you.

ASSUMPTION OF RISK AND INDEMNITY

Limitations on Liability. Neither LVP (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the LVP platform, or any other party involved in servicing Property, will be liable to you or any other party for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, arising out of, based on, or in connection with: (i) these Terms, (ii) use of the LVP platform, website or connected/hyperlinked sites, (iii) your interactions with the Owner of a Property (if any), (v) any Reservation, in each case regardless of whether or not LVP has been advised of the possibility of such damages arising. In any case, the liability of LVP (including its affiliates and personnel) to you, in any way relating to a Property or a Reservation, including for breach of contract or negligence or otherwise, shall not exceed, in the aggregate, the Total Price received from you by LVP for the applicable Property or Reservation.

Disclaimers. The LVP booking platform and website is provided to you “as-is” and to the extent permitted by law, LVP disclaims any express or implied warranties in connection with the booking platform or any Property provided thereon. LVP is not the owner of any Property. While every effort is made to ensure a positive guest experience, LVP does not warrant the safety or privacy of any Property or its contents. LVP does not represent or warrant that travelling to a particular destination is without risk. You, your guests, and your invitees, should take every reasonable precaution, including those recommended by applicable government agencies, when travelling to new destinations and when arriving and staying at a Property.

Indemnity. You hereby agree to indemnify, hold harmless, and defend (at LVP’s option) LVP, its parent, affiliates, subsidiaries, successors and assigns, and each of their respective officers, directors, employees, owners and agents (the “LVP Parties” and each an “LVP Party”), without limitation, for, from, and against any and all claims, suits, demands, actions or other proceedings, and any and all losses, liabilities, damages, lost revenues or profits, costs or expenses of any kind (including legal and accounting fees actually incurred)(collectively “Claims”) arising from, relating to, or in connection with: (i) your, your guest’s, or your invitee’s breach of these Terms and any supplemental rules applicable to a Property, (ii) your, your guest’s, or your invitee’s use of a Property, whether or not improper or unsafe, (iii) your improper use of the LVP booking platform, or (iv) your, your guest’s, or your invitee’s breach of any laws. Notwithstanding the foregoing you are not required to indemnify the LVP Parties with respect to Claims solely and directly caused by the LVP Parties’ gross negligence, intentional misconduct or fraud.

GENERAL

Interpretation. Except as they may be supplemented by additional terms, conditions, and in-listing disclosures or rules, these Terms (including those items incorporated by reference) constitute the entire agreement between LVP and you pertaining to your access to or use of the Property and supersede any and all prior oral or written understandings or agreements between LVP and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and LVP. 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.

Force Majeure. LVP shall be excused from a failure to perform any of its obligations under these Terms or pursuant to the Reservation, shall be entitled to cancel the Reservation by returning the Total Price, and shall not be liable to you for any costs or damages due to delay in performance or failure to perform, to the extent that the performance is prevented or made economically prohibitive by Force Majeure. Excuse from performance and liability shall continue so long as the Force Majeure continues, which in the case of a Reservation for a particular date may be indefinitely. If LVP is affected by Force Majeure, LVP shall promptly notify you and shall, where possible, take reasonable efforts to remove the event or condition constituting Force Majeure. "Force Majeure" as it pertains to the foregoing is any event or condition beyond the control of LVP, including but not limited to acts of God; natural disasters such as earthquakes, acts of the Owner of the Property, fires, floods, volcanic eruptions, and storms; civil or military disturbances, riots, acts of terrorism, and acts of war (whether declared or not); sabotage; epidemic; accident; voluntary or involuntary compliance with any regulation (including a law or regulation prohibiting or restricting the use of the Property as a short term rental), law, order or declaration of any government or civil or military authority, including a declaration of emergency or an evacuation, quarantine, or stay at home order; strike, lock-out, or other labor dispute; interruption, loss or malfunction of utility, transportation, internet or telephone communication service; and inability to obtain labor, material, equipment or transportation.

Updates to Terms. LVP may from time to time send you an updated version of these Terms. LVP will send any proposed updated version of these Terms by email to your last known email address provided to LVP, and such updated Terms shall be deemed accepted by you and shall replace these Terms, effective on the 7th day after LVP transmits the updated Terms to you, unless you notify LVP in writing before the date the amendment or restated agreement becomes effective that you object, in which event the revised Terms shall not become effective with respect to any existing Reservations you may have.

Waiver. LVP’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 in writing. Except as expressly set forth in these Terms, the exercise by LVP or by you of any remedy under these Terms will be without prejudice to its other remedy under these Terms or otherwise permitted under law.

Assignment. You may not assign, transfer or delegate your rights or obligations pursuant to these Terms, or your Reservation in general, without LVP’s prior written consent. LVP may, without restriction, assign, transfer or delegate these Terms and your Reservation and any rights and obligations hereunder, at its sole discretion.

LVP Booking Platform and Notice by Email. You represent and warrant to LVP that any information provided to LVP at the time of making a Reservation or any information included in your account profile with LVP is accurate and will be updated within a reasonable period of time if the information has changed. You are responsible for maintaining the confidentiality and security of your account with LVP and are responsible for any activities conducted through or using your account with LVP. You agree to accept any notice to be provided under these Terms by LVP by way of email address provided, telephone number provided or any other reasonable means.

Entire Agreement. These Terms, together with any additional rules, standards, policies, or requirements identified in a Property listing at the time of booking, constitute the entire agreement between you and LVP and supersedes all prior and contemporaneous communications, understandings, agreements, representations, and warranties, whether oral or written, relating to the subject matter hereof.

SCHEDULE “A”

PAYMENT SCHEDULE & CANCELLATION POLICY (EXCLUDING PEAK SEASON)

Date of Payment

(Days Prior to Check-In)

Percentage Payment

of Total Price

Upon Booking

50%

30

Remainder (50%)

Date of Cancellation

(Days Prior to Check-In)

Percentage Refund

of Total Price

30+

100%

29 to 7

50%

<7

0%

PEAK SEASON PAYMENT SCHEDULE & CANCELLATION POLICY (XMAS/NYE)

Date of Payment

(Days Prior to Check-In)

Percentage Payment

of Total Price

Upon Booking

50%

90

Remainder (50%)

Date of Cancellation

(Days Prior to Check-In)

Percentage Refund

of Total Price

90+

50%

<89

0%