Airbnb Luxe Guest Booking Agreement
Last Updated: 5/12/2020
These are the terms and conditions for the booking agreement (“Agreement”) for your stay at a property whose listing on the Platform is managed by Luxury Retreats (“Property”). See Section 10 for details on the contracting entity for this Agreement.
1. Your Booking
- Your confirmed booking is a limited license granted to you by the Host to enter, occupy, and use the Property for the duration of your stay. A confirmation email with the location and dates of your stay will be sent to the email address provided by you. If you have any problems concerning the Property during your stay, you should notify a Luxury Retreats customer service representative (“Trip Designer”) in accordance with the Airbnb Luxe Guest Refund Policy, as well as the on-site property manager, if applicable.
- In connection with your booking, you may be offered through the Platform or a Trip Designer certain third-party guest services, equipment (including without limitation baby strollers, cribs, and bicycles), and experiences to enhance your stay at the Property (“Additional Guest Services”). You are under no obligation to book any Additional Guest Services. For any Additional Guest Services you request, you authorize us and our Affiliates to book on your behalf, and you understand that you can withdraw this authorization at any time in writing. The providers of Additional Guest Services are independent contractors and are not agents, representatives, or employees of us or our Affiliates. For the avoidance of doubt, Additional Guest Services are subject to the limitation of liability provisions in Section 7.
- The Airbnb Luxe Guest Refund Policy, applicable Airbnb Luxe Cancellation Policy, and any other terms and conditions concerning the Property presented to you prior to booking, including, without limitation, villa details and rules, are incorporated by reference into this Agreement in their entirety.
2. Payments and Security Deposit
- All applicable fees in connection with booking the Property, including accommodation fees, service fees, hospitality fees, any applicable taxes, and any fees in the villa details and rules (collectively, “Fees”) are presented prior to booking, and you accept such Fees when you confirm your booking. The total for all Fees is due at the time of booking and will be charged to the payment method you authorized in the booking process (“Payment Method”), unless otherwise specified prior to booking and except to the extent of any Usage Fees. “Usage Fees” are fees that the Host requires for using certain features of the Property, and will be charged to your Payment Method after your stay is complete unless otherwise agreed with the Host. The rates and applicability of any Usage Fees will be presented to you prior to booking.
- Your Payment Method will act as collateral for any losses or damages to the Property (including its contents) caused by you during your stay, and for any unpaid amounts owed under this Agreement in connection with your stay. Any security deposit requirement will be presented prior to booking the Property. If a security deposit is required, you consent to us and our Affiliates using your Payment Method information (e.g., your credit card information) to place a hold for the deposit at the time of booking.
- The above Fees and security deposit terms do not reflect any separate fees or security deposits that you may agree to pay Host after booking, which will be subject to the separate terms and conditions reached between you and Host for such payment. Luxury Retreats is not responsible for collecting or remitting such fees or deposits.
- For Additional Guest Services, the rates will be presented to you prior to booking the service. You should carefully review the rates that the service provider has specified and any associated fees and taxes. All amounts owed in connection with Additional Guest Services are due at the time of booking the service and will be charged to your Payment Method, unless otherwise specified in writing.
3. Use of Property
- You are responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Property during your stay, including, without limitation, as may apply to the residence, grounds, any vehicles, pools, appliances, and equipment. You acknowledge and agree, and will procure that any individuals whom you invite (or otherwise provide access) to the Property acknowledge and agree, to the following requirements:
- You will ensure that the Property and all furniture, fixtures, and effects remain in the condition and location as when you arrived. You will also follow any house manuals Host may present to you at the Property.
- If the Property offers or has more rooms than you have booked, the Host will have the right, at the Host’s discretion, to decide which of the Property’s rooms will be made available to you and which will remain unused.
- You cannot carry out any illegal activity at the Property, or any activity that could be reasonably considered a nuisance to the Host or the occupants of neighboring land.
- You cannot exceed the maximum number of guests specified for the booking without prior written approval of Host.
- Parties, weddings, receptions, and other such functions which draw additional neighborhood traffic are only allowed with prior written approval of Host.
- Any use of pool, hot tub, beach, equipment, vehicles, fireplaces, and/or any other features of the Property are entirely at your own risk. You acknowledge that children and all non-swimmers should be supervised at all times.
- Pets may be allowed with prior written approval of Host.
- You must meet any minimum age requirements specified in the listing, except as otherwise required by law. By making this booking, you represent and warrant that you are a guest and meet any such age requirement.
- You acknowledge and agree that the Host may schedule real estate showings during your stay as indicated in the villa details and rules presented to you prior to booking, and subject to prior notice and reasonable limits on duration.
- You agree to arrive at the Property no earlier than the check-in time and leave the Property no later than the check-out time presented prior to booking unless approved by Host in writing.
4. Booking Cancellations, Refunds, and Modifications
- You can cancel a confirmed booking subject to the applicable cancellation and refund policies presented to you prior to booking as well as applicable Payment Terms of Service. The timing to receive a refund will vary based on the payment system (e.g., Visa, MasterCard, etc.) rules. You are urged to obtain travel insurance for protection against, among other things, your inability to make the trip contemplated by this Agreement.
- Any change to a booking, including, without limitation, an increase or decrease in the number of guests or duration of your stay, or exceptions to Property use restrictions, requires the prior approval of Host and Luxury Retreats and is subject to any additional fees and conditions that we and/or Host may require. Any prohibited use of the Property can result in immediate termination of this Agreement and the booking, per Section 10.5 of this Agreement and the villa details and rules presented prior to booking, as applicable.
- Luxury Retreats’ Hosts offer properties throughout the world and you are responsible to determine what, if any, documentation (including passports and visas) is required to travel to a particular destination. We do not represent or warrant that travel to such destinations is advisable or without risk and are not liable for damages or losses that may result from travel to such destinations. We are not responsible for weather or seasonal conditions, which may affect your use of the Property and surrounding areas, including, but not limited to, beaches, and roads. We are not responsible for limited signal strength, absence and/or interruption in telecommunication services including, but not limited to, internet, phone, cable, and satellite reception. We urge you to consult with governmental travel reports, including alerts, warnings and advisories, before confirming your booking.
- For Additional Guest Services, you should carefully review the description of the services before booking to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness, or other requirements that the service provider has specified. Any modification, cancellation, or refunds are subject to the policies of the third party providing the service. Luxury Retreats is not a party to any agreement for Additional Guest Services between you and a third-party service provider.
- You are solely responsible for all damages, liabilities, injuries, losses, and fines in connection with the occupancy or use of the Property caused by you or any individuals whom you invite (or otherwise provide access) to the Property.
- If the Host claims and provides evidence that you, anyone in your booking party, or any invitee of anyone in your booking party, has: 1) caused damage to the Property; 2) caused damage to any personal property at the Property; or 3) caused the Host to incur other losses or fines (e.g., for violation of local noise ordinances), we will use reasonable efforts to notify you at the email address you provided and discuss with you. If the claim of damages, liability, loss, or fines is deemed valid by us under consideration of any applicable statutory rules on the burden of proof, you agree that your Payment Method may be charged in order to collect the security deposit associated with the Property, as well as any amount of the damage claim exceeding such security deposit. If the Property does not have a security deposit, you agree that your Payment Method may be charged up to the amount of the damage claim. Payment may otherwise be collected from you or any other remedies available to us and our Affiliates in situations in which you are responsible for a damage claim.
6. Force Majeure
- Neither Luxury Retreats (along with our Affiliates) nor the Host shall be liable for any default or delay in the performance of their respective responsibilities under the Agreement if and to the extent such default or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, tornado, drought, ocean phenomena, elements of nature or acts of God, riots, strikes, civil disorders, acts of war, quarantine restrictions, epidemics, pandemics, or any other cause beyond the reasonable control of such party.
7. Limitation of Liability
- Unless you reside in the EEA or UK, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your booking, your stay at the Property, your interaction with the Host, or your participation in any third-party services remains with you. You represent and warrant that you have authority to enter into this Agreement on behalf of your entire booking party, including this limitation of liability. Neither us nor our Affiliates (nor any of our respective shareholders, directors, employees, agents and representatives, individually and collectively) will be liable for any delays, accidents, loss, damage, or injury, including without limitation any incidental, special, exemplary, or consequential damages, suffered by you, Host, any individuals whom you invite (or otherwise provide access) to the Property, or any other person in connection with or incidental to booking or use of the Property. Neither us nor our Affiliates (nor any of our respective shareholders, directors, employees, agents and representatives, individually and collectively) are responsible or liable in any way for managing or maintaining the Property or for the actions or faults of you, Host, or any other third party involved in your stay at the Property (including any provider of Additional Guest Services). The foregoing applies whether or not we have been informed of the possibility of such damage and even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so that limitation may not apply to you. If you reside outside of the United States, this does not affect our liability for death or personal injury arising from negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
- Unless you reside in the EEA or UK, to the maximum extent permitted by law, in no event will the aggregate liability of Luxury Retreats and our Affiliates arising out of or in connection with this Agreement and the booking and use of the Property exceed the greater of the amounts you have paid to us in connection with the booking or one hundred US dollars (US$100).
- If you reside in the EEA or UK, we are liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. We are liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of us in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of ours is excluded.
- You agree to release, defend (at our option), indemnify, and hold LR Entities 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 this Agreement, (ii) your improper use of the Platform or any of our services, (iii) your interaction with the Host or a third party, your stay at a Property, or participation in or use of any service or product/equipment owned or facilitated by Host or a third party, 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, or (iv) your breach of any laws, regulations, private agreements or third party rights. If you reside in the EEA or UK, the indemnification obligation according to this Section 8 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
9. Dispute Resolution and Arbitration Agreement
- The Parties agree to use commercially reasonable and good faith efforts to promptly resolve any disputes related to this Agreement prior to initiating arbitration or litigation.
- If you (i) reside in the United States or (ii) do not reside in the United States but bring a claim against us in the United States the following terms shall apply: The Parties mutually agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof (except to the extent the dispute concerns infringement of intellectual property rights or any claim seeking emergency injunctive relief based on exigent circumstances) shall be settled by arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If there is a dispute about whether this arbitration agreement can be enforced or applies to our dispute, the Parties agree that the arbitrator will decide that issue. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Luxury Retreats agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
- If you reside in the United States, this Agreement will be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict-of-law provisions. Judicial proceedings brought in the United States (other than small claims actions) that are excluded from the parties’ Arbitration Agreement must be brought in state or federal court in San Francisco, California, unless both Parties agree to some other location. The Parties both consent to venue and personal jurisdiction in San Francisco, California.
- If you reside outside of the United States, this Agreement will be governed by and interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Irish courts. Legal proceedings that you bring against Luxury Retreats arising from or in connection with this Agreement may only be brought in a court located in Ireland or a court with jurisdiction in your place of residence. If we wish to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
- The Parties acknowledge and agree that they are each waiving the right to a trial by jury as to all arbitrable disputes.
- The Parties acknowledge and agree that they 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 proceeding as to all disputes arising under this Agreement. Further, unless both Parties otherwise agree in writing, 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.
10. General Terms
- As used in this Agreement, the following defined terms apply:
- “Affiliate” means any present or future entity controlling, controlled by, or under common control with a Party.
- “Host” means a host and/or an individual or entity authorized to act on behalf of Host (e.g., property management company) of the Property.
- “LR Entities” means LR and its Affiliates, and each of their shareholders, directors, employees, agents and representatives, individually and collectively.
- “Luxury Retreats”, “LR”, “we”, “us” or “our” means (a) Luxury Retreats International ULC if the Property is located in Canada or Barbados; (b) SVV SXM if the Property is located in french St. Martin, and (c) Luxury Retreats Management Inc. if the Property is located outside of Canada, Barbados, and french St. Martin. Luxury Retreats is a subsidiary of Airbnb, Inc.
- “Party” means LR and you individually, and both may be referred to as “Parties.”
- “Platform” means the Airbnb website, including any subdomains thereof, and any other websites through which Airbnb makes its services available, any Airbnb mobile, tablet and other smart device applications and application program interfaces, and all associated services.
- “Platform Terms” means the Airbnb Terms of Service, including without limitation the Payment Terms of Service, which may be updated from time to time.
- If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. This Agreement, including all terms and conditions incorporated by reference, constitutes the entire agreement of the Parties relating to the subject matter and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
- We may terminate this Agreement and cancel any pending or confirmed bookings at any time by giving you thirty (30) days notice via email to your registered email address and by providing a full refund of all payments made to Luxury Retreats at the time of the cancellation. We may immediately, without notice, terminate this Agreement and cancel any pending or confirmed booking (including without limitation during your stay) if (i) you have materially breached your obligations under this Agreement or the Platform Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of us, Hosts, or other third parties. Any term or condition which by its nature is clearly intended to survive the expiration or termination of this Agreement, shall survive any expiration or termination of this Agreement, including, without limitation, Indemnification, Limitation of Liability, Dispute Resolution, and General Terms.
- You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without our prior written consent. We may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at our sole discretion, with 30 days prior notice.