General Terms and Conditions
Please read these General Terms and Conditions (“General Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using this Luxury Resorts & Retreats ("LRR") website platform or by placing a reservation with LRR, you agree to comply with and be bound by these General Terms and Conditions.
To the extent there is a conflict between these General Terms and any Reservation Agreement signed by you and Luxury Resorts and Retreats, the Reservation Agreement shall prevail.
Please note: Section 20, Section 23 and Section 26 of these General Terms contains an arbitration clause and class action waiver that relates to all claims against LRR, its successors, representatives, agents, and/or assigns.
By accepting these General Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: March 26, 2025
Thank you for using Luxury Resorts and Retreats Inc. ("LRR" or "Luxury Resorts & Retreats").
These Terms constitute a legally binding agreement ("Agreement") between you and Luxury Resorts & Retreats (as defined below) governing your access to and use of the LRR website and any rental of any property listed on the LR&R website.
This website and our website(s) described herein and our mobile application together are hereinafter collectively referred to as the “LRR Platform”. Our Event Reservation Terms, Nondiscrimination Policy and other Policies applicable to your use of the LRR Platform are incorporated by reference into this Agreement.
When these Terms mention "Luxury Resorts and Retreats Inc." “Luxury Resorts & Retreats,” "Luxury Resorts" ,"LRR", "LR",“we,” “us,” or “our,” it refers to Luxury Resorts & Retreats Inc.
Table of Contents
1. Scope of the LRR Platform
1.1 The LRR Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (including without limitation Members and third parties, including third-parties who offer services are “Preferred Vendors" and the services they offer are herein referred to as “Vendor Services”) to publish such Listings and Vendor Services on the LRR Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book event venues, accommodations, hotels, mansions, villas, resorts and retreats (Members booking Event Spaces are "Event Hosts" and Members booking accommodations are herein referred to as "Guests"). Listings may include the offering of vacation or other properties for use ("Accommodations"), single or multi-day activities in various categories (“Experiences”), access to unique event spaces (“Event Venues”), and a variety of other travel and non-travel related services, such as third-party vendors that provide services (for example catering, wait staff, concierge service) herein referred to as third-party "Preferred Vendors". The term "preferred" means only that the vendors maintains the required insurance on file with LRR and has demonstrated in past reservations an exceptional standard of service. You understand and agree that past performance of a preferred vendor is not a guarantee of future results. Luxury Resorts & Retreats Inc., does not guarantee the performance, quality or reliability of any vendor, whether preferred or otherwise.
1.2 Any individual executing an agreement on behalf of a corporation or corporate entity for an event at one of our Listings is referred herein as the "Event Host". In this Agreement whenever the male pronoun is used, it shall be deemed to include the female pronoun or vice versa and, likewise, whenever the singular is used, it shall be deemed to include the plural, as the context requires.
1.3 Luxury Resorts & Retreats Inc., is a business to business marketplace. LRR"s objective is to connect high net worth members to luxury resorts and retreats worldwide. Consumer law does not apply to any contract or agreement entered into through our platform or with our company. Any individual entering into this contract on behalf of a business entity with LRR represents and warrants that he/she/they have authorization to enter into this agreement individually and on behalf of their guests, and corporate entity ("Event Host").
1.4 As the provider of the LRR Platform, LRR does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is LRR an organizer or retailer of travel packages under Directive (EU) 2015/2302. Hosts alone are responsible for their Listings and Host Services and are responsible for the accuracy, completeness of their listings. When Members make or accept a booking, they are entering into a contract directly with each other. LRR is not and does not become a party to or other participant in any contractual relationship between Members, nor is LRR a real estate broker or insurer. LRR does not endorse and is not acting as an agent in any capacity for any Member and does not endorse any Member, whether express or implied.
1.5 LRR at its sole discretion, may accept reservations, engage in written contractual agreement(s), and/or provide direct access to wedding and event planning professionals through our platform and/or through our network of preferred vendors (hereafter "preferred vendors" or "approved vendors"). In some cases, an Event Host may reserve an event space, venue, mansion, villa, resort, or retreat and elect to "self-manage" their event. The term self-management or to "self-manage" an event is defined as any Member or Event Host (i) hiring event contractors, (ii) planning an event,
(iii) supervising an event or (v) otherwise controlling the overall production, content and conduct of an event. In the event that an Event Host self-manages their event, Event Host is solely responsible for hiring professional, experienced and insured caterers, wait staff, and other insured and licensed personnel, including security and bar service with assault and battery and host liquor liability coverage, required by law. Event Host understands and agrees that for self-managed events, LRR has no obligation to supervise, control, manage, or curate any self-managed event and is expressly indemnified from any liability whatsoever, whether known or unknown, related to any self-managed event.
1.6 While we may help facilitate the resolution of disputes including through Alternative Dispute Resolution, Mediation and Arbitration, LRR has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listing(s), Property(ies) or Host Services, (ii) the truth or accuracy of any listing descriptions, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. LRR does not endorse any Member, Listing, Property, Event Host, Approved Vendor or Host Services.
1.7 Any references to a Member being "verified" or "approved" or "preferred" (or similar language) only indicates that the Member has completed a relevant verification or identification process, or maintains the minimum insurance on file and nothing else. Any such description is not an endorsement, certification or guarantee by LRR about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable.
1.8 You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event, host an Event or use other Host Services, accept a booking request from a Guest(s), or communicate and interact with other Member(s), whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by LRR of any Host or Listing.
1.9 If you choose to use the LRR Platform as an Event Host, Host or Co-Host (as defined below), your relationship with LRR is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of LRR for any reason, and you act exclusively on your own entities behalf and for your own benefit, and not on behalf, or for the benefit, of LRR. LRR does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
1.10 To promote the LRR Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. LRR cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The LRR Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.11 The LRR Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. LRR is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by LRR of such Third-Party Services.
1.12 Due to the nature of the Internet, LRR cannot guarantee the continuous and uninterrupted availability and accessibility of the LRR Platform. LRR may restrict the availability of the LRR Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the LRR Platform. LRR may improve, enhance and modify the LRR Platform and introduce new LRR Services from time to time.
2. Eligibility, Using the LRR Platform, Member Verification
2.1 In order to access and use the LRR Platform or register an LRR Account you must be an individual at least 18 years old and be the authorized operator of a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country and county you are established and able to enter into legally binding contracts.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 LRR may make access to and use of the LRR Platform, or certain areas or features of the LRR 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 a Member’s booking and cancellation history.
2.4 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 background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the LRR Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the LRR Platform. If there is a conflict between these General Terms and terms and conditions applicable to a specific area or feature of the LRR Platform, or the Reservation Agreement Terms and Conditions, the Reservation Agreement shall prevail.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the LRR Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
3.1 LRR reserves the right to modify these General Terms at any time in accordance with this provision. If we make changes to these General Terms, we will post the revised General Terms on the LRR Platform and update the “Last Updated” date at the top of these General Terms and your continued access to or use of the LRR Platform will constitute acceptance of the revised General Terms.
4. Account Registration
4.1 You must register an account ("LRR Account") to access and use certain features of the LRR Platform, such as publishing or booking a Listing online. In registering 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 General Terms.
4.2 You can register an LRR 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 LRR Account and your SNS Account at any time, by accessing the "Settings" section of the LRR Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your LRR Account and public LRR Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) LRR Account unless LRR authorizes you to do so. You may not assign or otherwise transfer your LRR Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your LRR Account credentials and may not disclose your credentials to any third party. You must immediately notify LRR
if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your LRR Account. You are liable for any and all activities conducted through your LRR Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 LRR may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your LRR Account. For example, we may enable Members to link their LRR Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by LRR to ask for your credentials, and you shall not request the credentials of another Member.
5. Content
5.1 LRR 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 LRR Platform ("Member Content"); and (ii) access and view Member Content and any content that LRR itself makes available on or through the LRR Platform, including proprietary LRR content and any content licensed or authorized for use by or through LRR from a third party ("LRR Content" and together with Member Content, "Collective Content").
5.2 The LRR Platform, LRR 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 LRR Platform and LRR Content, including all associated intellectual property rights, are the exclusive property of LRR 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 LRR Platform, LRR Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of LRR used on or in connection with the LRR Platform and LRR Content are trademarks or registered trademarks of LRR in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the LRR Platform, LRR Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the LRR Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these General Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LRR or its licensors, except for the licenses and rights expressly granted in these General Terms.
5.4 Subject to your compliance with these Terms, LRR grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the LRR Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the LRR Platform, you grant to LRR a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the LRR Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, LRR does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 LRR may offer Hosts the option of having professional photographers take photographs of Listings and/or Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "LRR Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the LRR Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your LRR Account is terminated or suspended for any reason. You acknowledge and agree that LRR shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where LRR is not the exclusive owner of Verified Images, by using such Verified Images on or through the LRR Platform, you grant to LRR an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. LRR in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the LRR Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the LRR Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the LRR Platform or you have all rights, licenses, consents and releases that are necessary to grant to LRR the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or LRR's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates LRR’s then-current Policies or Standards, or otherwise may be harmful or objectionable to LRR, its Members, third parties, or property.
5.9 LRR respects copyright law and expects its Members to do the same. If you believe that any content on the LRR Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Service Fees
6.1 LRR may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the LRR 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. LRR 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.
6.3 You are responsible for paying any Service Fees that you owe to LRR. The applicable Service Fees (including any applicable Taxes) are collected by LRR Payments. LRR Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by LRR Payments. Except as otherwise provided on the LRR Platform, Service Fees are non-refundable.
7. Terms Specific for Hosts and Applicable to All Listings
7.1 When creating a Listing through the LRR Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions LRR. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
7.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. LRR reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.5 The placement and ranking of Listings in search results on the LRR Platform may vary and depend on a variety of factors, such as whether the listing is an Upgraded, Premium or Premium+ listing(s), Guest search parameters and preferences, Host requirements, amenities, price and calendar availability, number and quality of Images and response time to inquiries. Listing(s) with a fast response time of 2 hours or less, appear higher in search results on the LRR website than listings that do not have a high responsiveness score. For upgraded users, including Premium and Premium+ users search result positioning on our website is fixed, and placement is dependent on the upgraded level of subscription. For example an Upgraded Listing appears above Courtesy Listings, a Premium Listing appears above Upgraded Listings and Premium+ Listings appear above both Upgraded and Premium Listings.
7.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
7.7 LRR does not endorse, supervise, or manage any event described in these General Terms and is released from any liability, whether express or implied, related to the conduct of any transient occupant or their guest(s).
7.8 Terms Specific to Long Term Listings (30+ Days)
7.8(i) Any occupancy exceeding 30 days or more ("long term stays") are considered short term occupancies and state specific laws may apply. For long term stays LRR advises hosts obtain qualified advice, such as legal, accounting, brokerage and taxation advice from licensed professionals. LRR is an online marketplace connecting high net worth users with unique luxury properties worldwide. LRR does not provide professional advice on any real estate, legal, financial, taxation or for any investment purpose. You understand it is your obligation to obtain the appropriate professional advice prior to entering into any contract and whilst information is posted on this website is deemed reliable, it is not guaranteed. It is your obligation to conduct your own due diligence prior to placing a reservation as to the suitability of any luxury property. For properties listed in California, all properties listed for more than 30 days, you represent to LRR that you are either (1) the owner, or a representative or agent of the owner of the property (hereafter "for rent by owner" or "FRBO") or (2) a licensed agent, broker or realtor in the State of California.
7.9 If no criteria is specified on your listing or additional information is requested by LRR, we may send a courtesy email requesting additional information and providing the listing host a reasonable amount of time to correct the listing (ie. provide LRR proof of ownership, or in the case of a realtor, provide LRR proof of realtors licensure) alternatively we reserve the right to de-list or remove content from our website that lacks the required information or does not comply with any state or federal law or regulation.
8. Terms Specific for Guests and Applicable to All Bookings
8.1 Subject to meeting any requirements (such as completing any verification processes) set by LRR and/or the Host, you can book a Listing available on the LRR Platform by following the respective booking process.
8.2 An invoice for the rent charged shall be provided at the time of placing a reservation. Within three days of signing the Invoice or Event Reservation Agreement (or earlier if the event is sooner than three days from signing the agreement), the Event Host, or Guest shall remit the Refundable Security Deposit. The Event Host or Guest shall remit a Refundable Security Deposit as follows: the Refundable Security Deposit is ten thousand dollars and must be paid in cleared funds (business check, wire transfer or bank cash deposit or bank transfer). Walkthroughs of any mansion, villa, resort or retreat prior to the reservation date are on a courtesy basis only, subject to availability. If an availability arises and a walkthrough is scheduled, a rental down payment may be required. If the rental down payment is refundable pursuant to a site visit invoice signed by the parties (i) Event Host, or their representative, must notify LR&R at the time of the site visit and in writing on the day of the site visit if something arises at the walkthrough that would preclude Event Host from hosting the event to receive a full refund of the rental down payment pursuant to the site visit invoice (non-written, or verbal notifications shall not be valid notice under this agreement) and (ii) if Event Host fails to timely cancel the current, pending or future reservation in writing on the day of the walkthrough, the rental down payment shall be non-refundable. Nothing contained in these terms shall supersede an Event Rental Agreement.
8.3 If you book on behalf of additional guests (hereafter "Event Guests"), you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these General Terms and Reservation Agreement, any other terms, rules and restrictions set by LRR, the Host, and Approved Vendors (as applicable). Event Host shall use Approved Vendors provided by LR&R including but not limited to food and beverage unless otherwise agreed in writing and signed by both parties. If after the signing of the Event Reservation Agreement payment is not remitted timely in accordance with the due date listed on the invoice(s), (i) Event Host shall be in default of the Event Reservation Agreement and (ii) a late fee of 20% of the outstanding invoice(s) shall be added and immediately due as a late penalty and (iii) in the event of non-payment of an LR&R food and beverage invoice on the designated due date appearing on the invoice, Event Host shall pay and/or reimburse LR&R for any payments advanced or invoices, or contracts entered into by LR&R with LR&R's Approved Vendors for the benefit of the Event Host, irrespective of whether the event proceeds or not. If no payment is received in default of the Event Reservation Agreement and accompanying food and beverage and vendor invoice(s) (ii) all monies, including late penalties shall be immediately payable to LR&R and (ii) LR&R may terminate the Event Rental Agreement and seek damages limited to the amount invoiced for venue, food, beverage and vendors and/or loss of use of the venue. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.
8.4 LRR may enable a Guest who is booking a Listing on behalf of one or more additional guests (the “Organizer”) to split the payment of the Total Fees for an eligible booking on a pro-rata basis between the Organizer and at least one other additional guest (each a “Co-Payer”) (the “Group Payment Service”). In order to participate in the Group Payment Service, each Co-Payer must have or register an LRR Account prior to making a payment.
8.5 For event venue reservations, including mansion, villa, resort and retreats, overnight stays ("accommodations") such as the use of bedroom suites are not included in any event venue pricing. For events over fifty guests, Event Host shall remit a cleaning fee of one thousand eight hundred and seventy five dollars which includes cleaning, trash removal and trash hauling after an event. Event Host may be required to remit an additional fee for cigarette/cigar deodorization, if applicable. If the Guest(s) or Event Host(s) request the use of bedroom suites during an event, additional fees and charges shall apply.
9. Placing a Reservation
9.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host. If you have an early bird rate for accommodation or for an event reservation you must pay the rental payment on or by the due date stated in the invoice. If payment is not received by the due date stated on the invoice the early bird rate will no longer apply and standard (increased) rates will apply based on the number of guests.
9.2 You understand that a confirmed booking of an Event Space (“Event Venue”) is a limited license granted to you by the Host to enter and use the Event Venue for the duration of your event during which time LRR, the Venue Owner or authorized representative (only where and to the extent permitted by applicable law) retains the right to re-enter the Event Space in accordance with your Reservation Agreement or these General Terms including but not limited to: (i) respond to an emergency that threatens life or property (ii) make repairs or alterations that are necessary or that you have agreed to (iii) allow access to maintenance persons, audio visual technicians and (iv) event security at the sole discretion of LRR.
9.3 For overnight Accommodation, you agree to leave no later than the checkout time that the Host specifies in the Reservation Agreement, or such other time as mutually agreed upon in writing and signed between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable trespass or other law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any security and legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize LRR to charge you to collect Overstay Fees. A Security Deposit, may be applied to any Overstay Fees due for a Guest’s Overstay.
10. Reserving an Event Space
10.1 You should carefully review the description of any Event or Accommodation you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Member has specified in their Listing. At your sole discretion you may want to inform the Member, Listing Agent or LRR of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Event or Accommodation, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in in any Event.
10.2 Before and during an Event or other Host Service you must at all times adhere to the Hosts’ instructions.
10.3 You may not bring any additional individuals to an Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the LRR Platform.
11. Booking Modifications, Cancellations and Refunds, Alternative Dispute Resolution
11.1 Hosts and Guests are responsible for any modifications to a booking that they make via the LRR Platform or direct LRR 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, if permitted under the Reservation Agreement. Each venue has specific cancellation policies, refer to the Reservation Agreement for venue cancellation policies and procedures.
12. Damage to Property, Disputes between Members
12.1 As an Event Host and/or Guest, you are responsible for leaving the Accommodation or Event Venue (including any personal or other property located at the Accommodation or Event Venue) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
12.2 If a property manager, venue or property claims and provides evidence that you as an Event Host or Guest have damaged an Accommodation, Venue or Event Space or any personal or other property at a Venue, Accommodation or Event Space ("Damage Claim"), the property manager, venue, or agent (hereafter "Member") can seek payment from you through Alternative Dispute Resolution. If a damage claim is escalated to LRR, you will be given an opportunity to respond. If you agree to pay for the property damage, or LRR determines in its sole discretion that you are responsible for the Damage Claim, LRR will, after the end of your reservation, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim. LRR also reserves the right to otherwise collect payment from you and pursue any remedies available to LRR in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to filing an insurance claim against the Event Host's policy, or other means of collectivity.
12.3 Members agree to cooperate with and assist LRR in good faith, and to provide LRR with such information and take such actions as may be reasonably requested by LRR, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or Event Venues or any personal or other property located at an Accommodation and/or (ii) Event Host agreements. A Member shall, upon LRR"s reasonable request participate in mediation or a similar resolution process with another Member, which process will be conducted by LRR or a third party mediator or arbitrator selected by LRR or its insurer, with respect to losses for which a venue is requesting payment.
12.4 If you are a Guest you understand and agree that LRR may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Host. You agree to cooperate with and assist LRR in good faith, and to provide LRR with such information as may be reasonably requested by LRR, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as LRR may reasonably request to assist LRR in accomplishing the foregoing.
13. Rounding off
13.1 LRR generally supports payment amounts that are payable from or to Guests or Hosts to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where LRR's third-party payment services provider does not support payments in the smaller unit supported by a given currency, LRR may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, LRR may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
14. Taxes
14.1 Members are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
14.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
14.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Accommodation is located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").
14.4 In certain jurisdictions, LRR may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance with these Terms ("Collection and Remittance") if such jurisdiction asserts LRR or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize LRR (from payment or alternatively deduction of the security deposit) to collect Occupancy Taxes from Guests on the Host's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. In other jurisdictions LRR may decide in its sole discretion to collect Occupancy Taxes and remit such Taxes to eligible and qualifying Hosts, based on tax information supplied by the Host, for ultimate reporting and remittance by such Host to the Tax Authority (“Pass-Through Tax Feature”). Such Hosts using the Pass-Through Tax Feature will be solely responsible for informing LRR about the correct Occupancy Tax amount to be collected from the Guest in accordance with applicable law and directly remitting the Occupancy Taxes to the relevant Tax Authority. LRR does not assume any liability for the failure of a participating Host to comply with any applicable tax reporting or remittance obligations. The amount of Occupancy Taxes, if any, collected and remitted by LRR will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where LRR is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by LRR relating to their Accommodations in that jurisdiction.
14.5 You agree that any claim or cause of action relating to LRR's facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by LRR in connection with facilitation of Collection and Remittance, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by LRR from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
14.6 LRR reserves the right, with prior notice to Hosts, to cease the Collection and Remittance in any jurisdiction for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.
15. Prohibited Activities
15.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the LRR Platform.
In connection with your use of the LRR Platform, you will not and will not assist or enable others to:
-
breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, Reservation Agreement Terms, General Terms, Policies, or Standards;
-
use the LRR Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies LRR endorsement, partnership or otherwise misleads others as to your affiliation with LRR;
-
copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the LRR Platform in any way that is inconsistent with LRR’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
-
use the LRR Platform in connection with the distribution of unsolicited commercial messages ("spam");
-
offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the LRR Platform;
-
unless LRR explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
-
contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the LRR Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
-
use the LRR Platform to request, make or accept a booking independent of the LRR Platform, to circumvent any Service Fees or for any other reason;
-
request, accept or make any payment for Listing Fees outside of the LRR Platform or LRR Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold LRR harmless from any liability for such payment;
-
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
-
use, display, mirror or frame the LRR Platform or Collective Content, or any individual element within the LRR Platform, LRR's name, any LRR trademarks, logo or other proprietary information, or the layout and design of any page or form contained on a page in the LRR Platform, without LRR's express written consent;
-
dilute, tarnish or otherwise harm the LRR brand in any way, including through unauthorized use of Collective Content, registering and/or using LRR or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to LRR domains, trademarks, tag-lines, promotional campaigns or Collective Content;
-
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the LRR Platform for any purpose;
-
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by LRR or any of LRR's providers or any other third party to protect the LRR Platform;
-
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the LRR Platform;
-
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the LRR Platform;
-
export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
-
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
15.2 You acknowledge that LRR has no obligation to monitor the access to or use of the LRR Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the LRR Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist LRR in good faith, and to provide LRR with such information and take such actions as may be reasonably requested by LRR with respect to any investigation undertaken by LRR or a representative of LRR regarding the use or abuse of the LRR Platform.
15.3 The following activities and/or conduct shall constitute a serious violation of the rental agreement and default clause l of the Event Rental Agreement shall apply (1) any activity that threatens the safety of guests, LR&R representatives, or other person(s) on the premises (2) profanity, vulgar, hostile, indecent, harassing, offensive or threatening language to LR&R, in person, or by telephone, email or text message, on, prior to, or after the event (3) firearms or illegal weapons of any kind on premises (4) rummaging through trash or entering maintenance only areas, entering locked areas, entering storage areas, or entering any other prohibited areas not part of the entertainment space (5) behaving in a way that is dangerous, and/or violates any law (6) making videos and/or audio recordings on premises in a way that harasses and/or intimidates any other person (7) hate speech, shouting, or raising ones voice in a manner intended to abuse, harass or intimidate another person (8) fighting, challenging to fight, using physical force or violence, or provoking or intimidating (or attempting to provoke or intimidate) others with threats of physical force or violence (9) defacing, damaging, or destroying any real or personal property at the venue, including, but not limited to, the building or structure, furniture, furnishings, common areas, improvements and/or landscaping.
16. Term and Termination, Suspension and other Measures
16.1 LRR may immediately, without notice, stop providing access to the LRR Platform if (i) you have materially breached your obligations under these General Terms, or Reservation Agreement (ii) you have violated applicable laws, regulations or third party rights, or (iii) LRR believes in good faith that such action is reasonably necessary to protect the personal safety or property of LRR, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
16.2 In addition, LRR may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these General Terms, applicable laws, regulations, code of conduct, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the LRR Account registration, false information on the Reservation Agreement or thereafter (for example using a non-existent business name), (iv) you placed a reservation under fraudulent pretenses (for example you place a reservation and falsely represented the event was for a private corporate gathering and instead host a raucous concert open to the public) or (v) LRR believes in good faith that such action is reasonably necessary to protect the personal safety or property of LRR, its properties, Event Venues, Resorts, Retreats, Villas, Mansions, Members, or third parties, or to prevent fraud or other illegal activity: If we take any of the measures described above for serious violations of the rental agreement, you will not be entitled to any refund or compensation for pending or confirmed bookings that were cancelled, as such cancellation was a proximate cause of the serious misconduct of the Event Host or Guest(s); and (vi) in the case of placing a reservation under fraudulent pretenses cancel any pending or confirmed bookings; LRR may temporarily or permanently revoke any special status associated with your LRR Account; and temporarily or in case of severe or repeated offenses permanently suspend your LRR Account and stop providing access to the LRR Platform.
16.3 In case of non-material breaches and where appropriate, you will be given notice of any intended measure by LRR and an opportunity to resolve the issue to LRR's reasonable satisfaction.
16.4 LRR will take all reasonable measures to prevent and resolve disputes, including participating in Alternative Dispute Resolution ("ADR") such as mediation through a neutral third party administered by the AAA, and if the dispute remains unresolved after mediation, the parties shall engage in binging arbitration before the American Arbitration Association as outlined below.
16.5 When this Agreement has been terminated, you are not entitled to a restoration of your LRR Online Account or any of your Member Content. If your access to or use of the LRR Platform has been limited or your LRR Online Account has been suspended or this Agreement has been terminated by us, you may not register a new LRR Account or access and use the LRR Platform through an LRR Account of another Member.
16.6 These Terms shall survive any termination or expiration of this Agreement.
Part II
Limitation of Liability and Disclaimers
17. Disclaimers
17.1 If you choose to use the LRR Platform or Collective Content, you do so voluntarily and at your sole risk. The LRR Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied. You agree that you have had whatever opportunity you deem necessary to investigate the LRR platform, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by LRR relating to a Listing.
17.2 If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
17.3 You agree that Events may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, participating in any Event carries risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in these Events. You assume full responsibility for the choices you make before, during and after your participation in an Event. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your reservation and to the maximum extent permitted by law, you agree to release and hold harmless LRR from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the reservation or in any way related to your event or accommodation. Events that involve physical fitness such as yoga, wellness retreats and other work out based gatherings, you agree that your guests must seek medical clearance prior to participating in any physical event. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
18. Limitation of Liability
18.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the LRR Platform and Collective Content, your publishing or booking of any Listing via the LRR Platform, your stay at any Accommodation, hosting of any Event, use of any Event Space and/or participation in any Event or use of any other Host Service, or any other interaction you have with other Members whether in person or online remains with you. Neither LRR nor any other party involved in creating, producing, or delivering the LRR Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these General Terms, (ii) from the use of or inability to use the LRR Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the LRR Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not LRR has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
18.2 Except for our obligations to pay amounts to applicable Hosts pursuant to these General Terms, in no event will LRR's aggregate liability arising out of or in connection with these General Terms and your use of the LRR Platform including, but not limited to, from your publishing or booking of any Listings via the LRR Platform or via telephone, email or any other method of reservation through LRR, or from the use of or inability to use the LRR Platform or Collective Content and in connection with any Accommodation, Event(s), other Host Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings to LRR as specified in the Invoice attached as Schedule "A" to the Reservation Agreement, or if you are an Event Host, LRR's liability is strictly limited to actual damages, computed as the amount paid by you to LRR for rent specified in the Invoice attached as Schedule A to the Reservation Agreement, prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable.
18.3 The limitations of damages set forth above are fundamental elements of the basis of the bargain between LRR and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
19. Indemnification
19.1 To the maximum extent permitted by applicable law, you agree to release, defend (at LRR’s option), indemnify, and hold LRR and its affiliates and subsidiaries, including but not limited to, our officers, directors, employees and agents, 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 the Reservation Agreement, these General Terms or our Policies or Standards, (ii) your improper use of the LRR Platform or any LRR Services, (iii) your interaction with any Member, stay at an Accommodation, your participation or hosting of an Event or other Host Service, 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, (iv) LRR’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
20. Dispute Resolution and Arbitration Agreement
20.1 Overview of Dispute Resolution Process.
LRR is committed to making every effort to resolve disputes by participating in a business-to-business alternative dispute resolution process. To that end, these General Terms provide for a three-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with LRR’s support team, and (2) an optional non-binding mediation before the American Arbitration Association and for unresolved disputes (3) mandatory binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Commercial Arbitration Rules ("AAA Commercial Rules") and Expedited Procedures. Specifically, the Commercial Arbitration Rules provide:
-
Claims can be filed with AAA online (www.adr.org);
-
AAA Commercial Rules (www.adr.org)
-
Arbitrators must be neutral and no party may unilaterally select an arbitrator;
-
American Arbitration Association shall provide a list with a minimum of six independent arbitrators and accompanying resumes for the parties selection;
-
Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party, past or present.
21.1 Except as specifically provided in Clause 23 below, in order to disincentivize litigation and promote alternative dispute resolution pursuant to the "American Rule" codified in California Code of Civil Procedure § 1021, each side shall bear their own attorney(s) fees in relation to any dispute related to these Terms or the Reservation Agreement, including any proceeding, litigation, or arbitration.
21.2 If there is any litigation, mediation, or arbitration or any other proceedings arising out of, or in any way connected or related to this Agreement (hereafter "these terms") or the Reservation Agreement, the Event Host(s), their Guest(s), the Member(s), including any contracting parties, agree that each side hereby waives their right to attorney(s) fees and shall pay for their own attorney(s) and other professional(s) fees and expenses.
21.3 Under no circumstance shall either side, or either party, be liable for attorney(s) fees arising out of, or relating to, any dispute involving LRR, these Terms, or the Reservation Agreement.
22. Pre-Arbitration Dispute Resolution and Notification.
22.1 Prior to initiating an arbitration, you and LRR each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact LRR’s support team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
23. Agreement to Arbitrate.
23.1 You and LRR 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 LRR Platform, the Host Services, the Group Payment Service, 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 LRR agree that the arbitrator will decide that issue. If an action is commenced in the Los Angeles Superior Court in contravention of this arbitration agreement, the party compelling arbitration (eg. filing a Motion to Compel Arbitration) will be entitled to an award of attorney's fees, sanctions and costs in order to transfer the matter to arbitration for arbitral adjudication.
24. Exceptions to Arbitration Agreement.
24.1 You and LRR each agree that the following two-exemptions listed in this clause, are limited exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction in the State of California: (i) Any claim related to actual or threatened infringement, misappropriation or violation of LRR's copyrights, trademarks, or patents or (ii) Any application seeking emergency injunctive relief based on exigent circumstances, such as an emergency injunction to prevent the commission of a crime (e.g., imminent danger or commission of a crime, such as a cyber attack or cyber-counterfeiting etc).
25. Arbitration Rules and Governing Law.
25.1 This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the AAA Commercial Arbitration Rules and AAA Expedited Procedures (the “AAA Rules“). The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879. You and LRR agree to waive any right to discovery, depositions and waive the right to an arbitration hearing and expressly agree that any arbitration shall be decided on the papers by submission of briefs and written evidence only. To the largest extent possible, the parties agree to attempt to minimize cost and resolve all claims expeditiously.
26. Jury Trial Waiver.
26.1 You and LRR acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes.
27. No Class Actions or Representative Proceedings.
27.1 You and LRR acknowledge and agree that, to the fullest extent permitted by law, we 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. Further, unless you and LRR both 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.
28. Severability.
28.1 In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of this Arbitration Agreement shall be given full force and effect. In the event that any portion of these General Terms is deemed illegal or unenforceable, such provision shall be severed and the remainder of these General Terms shall be given full force and effect.
29. Survival.
29.1 This section will survive any termination of these Terms and will continue to apply even if you stop using the LRR Platform or terminate your LRR Account, or if either parties cancel the LRR Reservation Agreement.
30. Feedback.
30.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the LRR Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the LRR 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.
31. Applicable Law and Jurisdiction.
31.1 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 24.1 must be brought in state or federal court in Los Angeles, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction by AAA administered in Los Angeles, California, unless mutually agreed in writing otherwise.
32. General Provisions.
32.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Reservation Agreement, and these General Terms constitute the entire Agreement between LRR and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between LRR and you in relation to the access to and use of the LRR Platform, any pending or past reservation, or any event.
32.2 No joint venture, partnership, employment, or agency relationship exists between you and LRR as a result of this Agreement or your use of the LRR Platform.
32.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
32.4 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.
32.5 LRR’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, by us, in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
32.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without LRR's prior written consent. LRR may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with written notice.
32.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by LRR via email, LRR Platform notification, or messaging service (including SMS).
33. DMCA Copyright Agent.
33.1 It is our policy to respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please notify the LRR designated Copyright Agent at:
Luxury Resorts & Retreats Inc. Copyright Agent
support@luxuryresortsandretreats.com
(866) 741-0330
CSC Lawyers Incorporating Service
2710 Gateway Oaks Dr # 150
Sacramento, CA 95833
33.2 In the first instance, you must email support@luxuryresortsandretreats.com and specifically identify the material you believe should be removed. Generally, we remove disputed content immediately upon processing of your request.
33.3 Please note that you may be liable for damages if you materially misrepresent that material is infringing.
Your notification must include the following information:
-
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
-
A description of the copyrighted work claimed to have been infringed.
-
A description of where the material you claim is infringing is located on the website, including information reasonably sufficient to permit the University to locate the material.
-
Your address, telephone number and email address.
-
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
-
A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
33.4 Only DMCA notices should go to the LRR’s Copyright Agent designated above. Do not mail or overnight letters as they will not be processed at our DMCA copyright agents address and will not be processed and will be discarded. DMCA notices that do not comply with the requirements of the DMCA may be ignored.
33.6 When a valid DMCA notification is received, we will respond by taking down the offending content. We will then take reasonable steps to contact the owner of the removed content so a counter-notification may be filed.
33.7 In certain cases, we reserve the right to remove disputed content, even if the DMCA notice is defective or invalid, to protect the integrity and Member(s) of our site.
34. Counter-Notifications.
34.1 LRR does not adjudicate copyright disputes. Upon receipt of a valid counter-notification, we will generally restore the content in question, unless we receive notice from you that legal action has been filed seeking a court order against the alleged infringer to restrain the alleged infringer from engaging in the infringing activity. LRR may provide copies of such notices to the participants in the dispute or to any other third parties, at our discretion and as required by law. LRR may, in appropriate circumstances, remove allegedly copyright infringing content, terminate an account holder or user of our website if the individual is a repeat infringer.
34.2 If you believe that an account holder or user is a repeat infringer, please email us at support@luxuryresortsandretreats.com.
35. Hosts Listing Unavailability.
35.1 If you elect to withdraw your listing for any reason (eg. property is leased, sold-out, no availability etc) you may do so via our Member portal, via online request, or by telephone to our 24/7 support line. Alternatively, we recommend you update your listing to reflect the specific date(s) of unavailability.
36. Force Majeure.
36.1 Notwithstanding any cancellation policies stated in the Reservation Agreement, if for any reason, an event venue, mansion, villa, hotel, resort or retreat is, due to unforeseeable circumstances made unavailable for a confirmed reservation due to an “act of God,” such as an earthquake, hurricane, tornado, flooding, or volcanic eruption, such non-performance shall not be considered a breach of the Reservation Agreement.
37. COVID-19 Waiver.
37.1 There is a reasonably foreseeable risk of contracting the COVID-19 virus in our everyday lives. This risk increases, amongst other things, in group settings, in persons unvaccinated, and those traveling to and from areas with high rates of infection. COVID-19 is not a basis for reservation cancellation and you agree that by placing a reservation with LRR you shall comply with any rules, regulations and guidance provided by the State of Federal Government to minimize the risk of infection and release LRR from any liability related to COVID-19.
38. Contact Us.
38.1 We're here to help. If you have any questions about these General Terms please email us.