Welcome to Luxuria. We’ve developed an online marketplace to help you find and book exceptional venues for your events. Please take time to read this Services Agreement carefully as it governs your use of our platform to book and list venues and services, as well as interact with other platform users.
Importantly, except where prohibited by applicable law, this Agreement contains waivers of class actions and jury trials and an agreement to submit all claims and disputes to binding arbitration in Section 4 below. If you do not agree to all the terms and conditions of this Services Agreement, including those governing disputes in Section 4, you may not use our platform or services.
When the Agreement mentions “Luxuria,” “we,” “us,” and “our,” it refers to Luxuria, Inc., located at [Company Address]. The contracting party will be the Luxuria entity in the jurisdiction where the venue you are booking is located.
Luxuria provides a platform to help users connect with each other to book venues and services but does not endorse any specific clients, hosts, venues, or vendors or their services. Any designations or badges provided through the platform are based on the information available to us, which may be provided by other users or third parties and may be inaccurate or out of date. Each user is independent, and hosts and vendors are independent contractors, unaffiliated with Luxuria, and solely responsible for the character, quality, utility, and provision of any venue or service they provide or do not provide to you.
This Luxuria Services Agreement (“Agreement”) is a contract between Luxuria and the person or entity that registered with Luxuria (“User” or “you”). This Agreement describes the terms and conditions that apply to your use of the Luxuria marketplace to book or list venues or other services through our website or apps and governs your hosting venues for other users. It establishes the obligations owed between you and Luxuria and between you and other users.
This Agreement is organized into 5 sections:
If you have questions about this Agreement, please contact us. Your use of the platform or services constitutes your ongoing acceptance of this Agreement, as amended.
Luxuria is a unique marketplace provider that offers several different services (“Services”) to its users. There are three types of Luxuria users:
Luxuria connects them all through the Luxuria platform (“Platform”), which is the online marketplace that allows our users to connect, communicate, and transact with each other directly through “Bookings.” We are continuously improving the platform for all users and reserve the right to make changes in our discretion. Changes we make to the platform, including discontinuing certain features, affect all users and we try to minimize disruption to users. However, these changes may affect users differently. We are not responsible if any specific changes we make to the platform adversely affect how you use them.
Luxuria is not an owner or operator of properties, including venues. Luxuria’s responsibility is limited to facilitating the availability of services through the platform.
Hosts may use our platform to offer a specific location, room, site, or other area (a “Venue”) and related services to a client to use for a specific time and purpose (an “Event”) using our platform. Where a host provides one or more services related to a client’s use of its venue, such related services must be processed through our platform. The details of each venue, including its availability, booking price, additional fees, rules, and other terms are provided in a “Listing.” Please note, Luxuria does not own, lease, or control the venues listed and does not make decisions surrounding whether to accept a booking. In addition, hosts may provide goods or services for an event at an additional cost (“Host Add-Ons”). Hosts are solely responsible for their venues, listings, and host services.
Vendors may use our platform to offer specific products or services to supplement a client’s event. For example, the supplying of catered food during an event is a vendor service. Please note, Luxuria does not offer, lease, rent, provide, or control any of the vendor services. Vendors are solely responsible for their vendor services. You acknowledge and agree that Luxuria shall not be responsible or have any liability, and you agree not to seek to hold Luxuria liable, for the conduct of third parties, including vendors, and that the risk of damages from such third parties rests entirely with you.
Luxuria may provide a service to help clients coordinate the booking of vendor services (not provided by the host) for an event (“Concierge Services”). Concierge services depend on a client’s unique needs and may include identifying specific vendors (such as catering or furniture rental), scouting venues, or assistance in event planning.
You must be at least the legal age of majority in your jurisdiction of residence and able to enter into legally binding contracts to access and use the platform, create an account, or utilize any of the services. By using the platform and our services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the platform. You represent that you will comply with all export control laws in your local jurisdiction. You agree to comply with any rules or requirements applicable to the booking that you are made aware of, including as part of any confirmation email (the “Rules”).
Without limiting the requirements and responsibilities set forth above, you acknowledge and agree that the Rules include your responsibility for taking all legally required and other appropriate health, safety, and hygiene measures to protect yourself and any hosts, clients, vendors, and individuals attending any event from the spread or potential spread of infectious diseases or conditions, or any other unhealthy, unsafe, or unsanitary conditions. You also acknowledge and agree that you have read and will comply with Luxuria’s Health & Safety Measures (the “Safety Measures”). Luxuria may update or supplement these Safety Measures from time to time in its sole discretion, so please check the Safety Measures frequently, including the version that is current at the time of your booking and the start time of the event. For more information, please review guidance from applicable health authorities, such as the World Health Organization, the Centers for Disease Control, and government authorities in your jurisdiction. While the Safety Measures endeavor to curate best practices, there is no substitute for common sense, and Luxuria cannot and does not guarantee or take any responsibility or liability for (a) a user’s failure to provide safe, healthy, and sanitary services or accommodations for the services, (b) unsafe, unhealthy, or unsanitary conditions, even if a host has followed guidance from the Safety Measures, or (c) any spread or potential spread of infectious diseases or conditions, or any other unhealthy, unsafe, or unsanitary conditions resulting from use of the services in any manner. For more information related to the release of liability for hosts, clients, and Luxuria, see Section 5.1 “Disclaimers”.
Our platform is made available to you in connection with the offering of third-party services that Luxuria does not control. Luxuria does not endorse any such third-party services and in no event shall Luxuria be liable or responsible for any third-party services or third-party service providers (like hosts or vendors).
Our platform allows users to connect to third parties to plan events. Users control the availability, quality, and terms of their listings, host services, and vendor services. It is your responsibility to evaluate each client, host, and vendor with whom you choose to contract, communicate, or otherwise interact. Luxuria is not responsible for the content posted by our users, nor are we responsible for the quality of venues, host services, or vendor services offered. We do not make any representations or warranties as to the conduct of users or their interactions with any current or future users or assume any responsibility for the confirmation of any user’s identity. Notwithstanding the foregoing, and as permitted by applicable laws, we may, but have no obligation to, take efforts to verify the identity of users and/or screen them against public and private databases for the purposes of preventing fraudulent activity and providing a safe transacting community. While Luxuria reserves the right to conduct additional screenings on users, which may include background checks, Luxuria does not do so in all cases.
When users enter into bookings with one another (e.g., when a host confirms a booking request from a client or enables a booking without prior approval, or when a client books vendor services for an event), they enter into a contract directly with one another. Any agreement you enter into with a host, client, or vendor is between you and the applicable party. Luxuria is not a party to any such contract. You understand and agree that Luxuria is not acting as an agent for any user, except as specified in Section 3.2 (Using Concierge Services) and Section 1.4 (Appointment of Luxuria as a Limited Collection Agent). Users are prohibited from using the Luxuria platform to facilitate contracts outside of the platform.
You agree that Luxuria may contact you by telephone, text messages or SMS (including by an automatic telephone dialing system), through electronic messaging on the platform, or via email at any of the communication methods provided by you or on your behalf in connection with your account, including for marketing purposes, where you have opted in to receive marketing communication. You understand that you are not required to provide consent to receive marketing communications as a condition of purchasing any goods or services, and you may opt-out of those marketing communications at any time. You specifically consent to receive communications related to your account through text messages, SMS, or other communications sent to your mobile device (“Mobile Notifications”) solely to enable Luxuria or other users to fulfill their contractual obligations. Standard mobile rates will apply for any Mobile Notifications you receive. You may stop receiving these Mobile Notifications at any point by responding to such messages with “STOP” or following the instructions included in a message. However, if you do so, you may miss critical messages related to your account. We are not responsible for and disclaim all liability for all harm or losses caused by disabling Mobile Notifications. Please contact us if you experience issues when attempting to stop Mobile Notifications.
The platform allows you to communicate with other users without disclosing personal data such as your contact information. You may use the platform only as permitted in this Agreement. You may not use the platform to send messages that are unwanted or unrelated to booking a listing through the platform, harass or attempt to market other services to users, or to solicit and/or send spam. We are not responsible for, and disclaim all liability resulting from, any losses or harm to you resulting from sharing personal or sensitive data with other users, or communicating or engaging with users outside of the platform. More information regarding appropriate communications conduct when using Luxuria is included in our Community Guidelines. Luxuria, at its sole option and without notice or any obligation to do so, may from time to time (i) remove communications among users which contain or share personal data, or (ii) suspend or terminate the accounts of users that share personal data.
You will comply with all Laws applicable to your use of the venue, host services, platform services (including use of the platform), vendor services, and concierge services, whether as a host, client, or vendor. While we may provide information to help you understand certain obligations of using various services, we are not authorized to provide and do not provide any legal advice. If you are unsure how to comply with Laws, you should seek legal advice related to listing or booking a venue. As used in this Agreement, “Laws” means all applicable federal, state, provincial, territorial, local, and other governmental laws, regulations, ordinances, codes, rules, court orders, and all recorded and unrecorded private contracts, restrictions, covenants, and other agreements.
Luxuria may facilitate the resolution of disputes between users, but does not become a party to any contract by doing so. We are not responsible to you or any third party for providing, or for the condition or nature of, any venue, host services, or vendor services. Hosts, clients, and vendors are independent third-parties and are not affiliated, controlled by, or employed by Luxuria. Hosts and vendors set their own prices, use their own facilities and resources, and may apply conditions of use to venues or vendor services as they feel is appropriate for their business. Hosts, clients, and vendors are solely responsible for their interactions with each other and any other parties with whom they interact. Luxuria reserves the right, but has no obligation, to intercede in disputes. Users agree that Luxuria will not be responsible for any liability incurred as the result of such interactions. For more on Dispute Resolution, see Section 4 (Dispute Resolution).
Hosts, clients, and vendors acknowledge that Luxuria has devoted substantial time and resources in developing its catalog and services of listings, venues, vendors, vendor services, hosts, and clients, and such information is inherently valuable information owned solely by Luxuria. Accordingly, hosts and clients shall not circumvent or bypass Luxuria’s ownership interest in such information, directly or indirectly, except in collaboration with or with the prior express written consent of Luxuria, by (1) entering into any transaction with any party introduced to it by Luxuria through its platform (the “Introduced Party”) similar to, in competition with, or which otherwise could have the effect of preventing Luxuria from receiving the full benefit of the transactions contemplated by this Agreement, or (2) soliciting such an Introduced Party to enter into any such transaction. By way of illustration and not in limitation of the foregoing, users agree not to:
If a host or client breaches its obligations under this Non-Circumvention provision, the breaching party shall pay to Luxuria an amount equal to 20% of the subtotal of the relevant booking (the “Liquidated Damages”). The parties intend that the Liquidated Damages amount will constitute compensation, and not a penalty, based on a reasonable estimate of the revenue share lost to Luxuria from the booking. A host or client’s payment of the Liquidated Damages is his, her, or its sole liability and entire obligation and Luxuria’s exclusive remedy for any such breach.
You consent to receive updates or upgrades to the application (“App”) automatically without providing further consent each time. The App (including any updates or upgrades) may: (i) cause your device to automatically communicate with our servers to deliver the functionality described in the App description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect personal information as set out in our Privacy Policy. We are not responsible if an update or upgrade affects how the App works if this is caused by your own equipment or device not supporting the update or upgrade. You can withdraw consent at any time under certain conditions by contacting us.
Before using the platform or services, you must create an account with Luxuria (“Account”) and provide us with information about yourself and your company, if applicable. You can also create an account through your account with certain third-party services, such as Google, Facebook, or Apple. You may disable this connection by contacting us or directly through the settings menu of the third-party service. If you are registering on behalf of a legal entity, you represent and warrant that you have the authority to legally bind that entity and grant all rights, permissions, and licenses contained in this Agreement or any other applicable terms, in your jurisdiction of residence. Misrepresenting your affiliation or association with an entity may result in immediate termination of your account, ineligibility to participate in any of our services, monetary damages, and reporting to the appropriate legal authority.
You will be required to provide an email address and password to keep your account secure (“Credentials”) and agree to keep your Credentials private and secure. You are responsible for any actions associated with your account, whether or not authorized. You are solely responsible for the actions or communications of your employees, representatives, hires, or agents (“Agents”). We are not responsible for and disclaim all liability for use of your account by your Agents. You may not assign or transfer your account to another party without our prior written consent.
We may ask that you update your account or provide additional or different information at any time. This includes requiring additional details about venues or payment information. You are required to update all account information necessary to maintain compliance with this Agreement, including but not limited to maintaining proper contact information and payment information.
You may terminate your account at any time by notifying us. You are responsible for all activity associated with your account made before it is closed, including: (i) payment of fees, taxes, fines, or other charges; (ii) providing use of venues to clients as previously booked; or (iii) other liabilities caused by or resulting from use of the platform or service. We may retain content and continue to display and use any public content (including comments or reviews of venues) after your account is terminated. Termination of your account does not terminate any contractual arrangements you have with third parties, including any obligations to government entities for tax purposes.
Subject to applicable law, we may suspend your account–including your ability to communicate with other users, receive payments, or complete bookings–or terminate this Agreement and your account at any time and based on our sole discretion without limitation. We are likely to terminate your account if (i) we believe that use of your account poses a risk to Luxuria, you, other users, or third parties; (ii) there is evidence of actual or potential fraud by you or on your behalf; (iii) you fail to respond to communications from us or other users; or (iv) you fail to comply with this Agreement and associated policies including the Community Guidelines, Social Event Policy, Cancellation and Refund Policy, or applicable law.
Upon termination of this Agreement or any agreement between you and Luxuria, the clauses of this Agreement that reasonably should survive termination will remain in effect.
You understand that Luxuria may initiate charges to you for the goods or services you receive. By using our services, you authorize Luxuria to receive and/or enable your payment of applicable charges for the goods or services (including third-party services like host services and vendor services) obtained through your use of the platform and platform services.
Subject to applicable law, you acknowledge and accept that, as between you and Luxuria, Luxuria may revise charges for any services obtained through use of the platform at any time in Luxuria’s sole discretion. Luxuria will make reasonable efforts to inform you of the charges incurred through your use of the platform services, but you shall be responsible for all charges incurred under your account regardless of your awareness of such charges. The charges you incur may be owed directly to third-party service providers (like hosts and/or vendors), and Luxuria will collect those charges from you on the third party’s behalf as their limited collection agent (as defined in the relevant section below), and payment of such charges by you will be considered the same as if made directly by you to the third-party service provider. Luxuria reserves the right to otherwise collect payment from you and pursue any remedies available to Luxuria in circumstances in which you are deemed liable or owing for any unpaid fees, damages, fines, or other sums for which you are responsible, as reasonably assessed and determined by Luxuria and in accordance with this Agreement, the applicable policy set by Luxuria, and/or the terms of the booking agreement mentioned in the listing.
Luxuria charges service fees to its users in exchange for use of the platform services or for providing concierge services. Hosts are charged host fees; clients are charged client fees, and vendors are charged vendor fees (collectively “Service Fees”). Service fees are described in more detail on our Fees Overview. All applicable service fees and taxes will be displayed to the applicable user prior to completion of a booking. Luxuria reserves the right to alter or amend its fees at any time and such changes will become effective after reasonable notice has been given.
A booking provides a limited use of a venue or vendor service as described in the listing and booking agreement, if applicable, for which the host charges a fee (the “Booking Price”). Where host services or host add-ons are provided to supplement the use of a venue, such services must be processed through our platform. A host may sometimes also charge a cleaning fee in association with the use of a venue. If the host offers host add-ons in a booking, the host may also charge a host add-on fee. If you use a venue or vendor services beyond that specified in your agreement with another user, you will be responsible for payment of additional fees (“Additional Fees”) as described on the Fees Overview. Additional fees are determined based on the factors described in the listing. As a client, you are solely responsible for any damage done to the venue or the amenities by anyone attending or working at your event. Hosts must notify us within 72 hours of a client exceeding the permitted use of the venue and specifically request payment of additional fees. Users agree that Luxuria may, on reasonable grounds, determine whether a host is entitled to receive additional fees in accordance with this Agreement, the applicable policy set by Luxuria, and/or the terms of the booking agreement between the client and host mentioned in the listing.
Hosts and vendors agree that any rate charged to clients through the platform will be equal to or better than those made available through their own or any third-party booking or other distribution channel. Any rules, restrictions, policies, and/or conditions (including rules associated with cancellation) applicable to any venue or service that hosts or vendors make available on the platform shall be no more restrictive than those applicable to any comparable venue or service that such hosts or vendors make available through their own or any third-party booking or other distribution channel.
Certain bookings may require you to provide a portion of prepaid fees or a refundable amount (“Deposit”) in advance. All fees and deposits, as applicable, will be identified prior to completing your booking. If held by Luxuria, at our option, deposits may be credited to your booking or returned when the venue is returned in acceptable condition and free of any material damage. While we may facilitate the collection of fees and deposits for hosts, subject to applicable law, once remitted to hosts, we are not responsible for the return of fees or deposits to clients, where applicable.
As a host you are solely responsible for payment of all taxes, levies, penalties, and other costs imposed by any taxing authority or government agency related to listing or booking venues or vendor services, including any sales or occupancy tax, indirect taxes such as value added tax (VAT), or goods and services tax (GST), usage or permitting fees, duties, and other taxes imposed by municipalities, states, provinces, territories, or governments through regulation, ordinance, law, or judicial or regulatory interpretation (collectively “Taxes”). Except as required by law, Luxuria will not calculate, track, or pay taxes or submit tax reporting on your behalf. You are responsible for all taxes owed for booking or listing a venue, or providing or using vendor services, including, without limitation, accurate calculation of taxes due, timely remittance of taxes to the appropriate taxing authority, and maintenance of any required records and accounts. If any taxing authority demands that we pay such taxes on your behalf, you are immediately liable to us for such taxes and will reimburse or pay Luxuria the owed amount upon demand. You are also responsible for any penalties arising from your failing to comply with this Agreement, including those issued by regulatory or taxing authorities, law enforcement, fire code or safety agencies, or other third parties; or that may be issued by us for losses we or users incur that are based on your failing to comply with this Agreement or misuse of the platform, services, venue, or vendor services (collectively, “Fines”). You understand and agree that Luxuria does not provide you with any advice or guidance of any kind or nature regarding taxes and that you have been advised to consult with your tax advisor for any required advice or guidance regarding taxes.
You will timely and fully pay any fees, deposits, taxes, fines, or other amounts you owe under this Agreement. If you owe amounts and we are unable to receive payment through the platform for any reason, then we may require that you pay through other means (such as direct debit, wire transfer, or cashier’s check). We may set off any amounts owed to us through the collection of funds that would otherwise be payable to you through the platform. You are responsible for any costs or expenses associated with our recovering of fees, taxes, or fines owed, including our legal fees or expenses. In our discretion, any late payments of more than 7 days may incur a late charge of up to ten percent (10%) and accumulate interest of twenty-five percent (25%) per annum until delinquency is resolved, or where such amounts are in contravention of local laws, the upper limit of interest that can be reasonably charged on late payments. We may use any legal means available to us to collect delinquent payments, including collections agencies or court filings.
Acceptance and payment of funds between users or Luxuria on the platform (“Payment Processing”) is provided by Stripe. Your use of payment processing is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement (collectively, the “Stripe Agreement”). By agreeing to this Agreement or continuing to operate as a host or vendor on Luxuria, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. The Stripe entity with whom you contract will be set out in the Stripe Agreement. As a condition of using payment processing, you must provide accurate and complete information about you and your business, and you authorize us to share this information with Stripe. All bank and credit card information is sent directly to and stored with Stripe using their security protocols. Luxuria does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of payment processing is conditioned upon your compliance with the Stripe Agreement, and if the Stripe Agreement is terminated by Stripe, you may not be able to use the platform, or have your account suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions.
Each host and vendor collecting fees, deposits, or other amounts from clients through the platform appoints Luxuria as the host’s or vendor’s payment collection agent for the limited purpose of accepting funds from clients on behalf of the host or vendor. Each user agrees that payment made by a client to Luxuria shall be considered the same as a payment made directly to the host or vendor and the host or vendor will provide the relevant services to the client as agreed, as if the host or vendor had received payment directly. Luxuria reserves the right to charge hosts and vendors a fee for processing payments to you by your clients and may delay the remittance of funds to you if you fail to comply with this Agreement or otherwise fail to cooperate with Luxuria. If Luxuria determines it is obligated to obtain tax information and you do not provide this information after requested, Luxuria may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information.
We may provide you access to our platform to help you book venues and/or services. Use of the platform is licensed, not sold, to you, and we reserve all rights to the platform not expressly granted in this Agreement. As a condition of your use of the platform, you will not, and will not assist or permit any third party to, do or attempt to do any of the following:
Luxuria may, but is under no obligation to, investigate, monitor, or review any content you post to the platform for the purpose of enforcing this Agreement. We may also access or disclose any information we deem necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce this Agreement, including the investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to user support requests, or (e) protect the rights, property, or safety of Luxuria, its users, and the public. You acknowledge that Luxuria has no obligation to pre-screen or monitor your access to or use of the platform or collective content and has no responsibility to do so.
Luxuria may collect and use data and information related to your use of the platform for internal purposes, including for data analytics, performance tracking, and service improvements. We may also aggregate and anonymize data for reporting purposes, including for market analysis, product development, and enhancing user experience. All data collection and use shall be in accordance with our Privacy Policy.
Users are encouraged to report any content or behavior that violates this Agreement, our Community Guidelines, or any applicable laws. Reports can be made through the platform’s reporting tools or by contacting Luxuria customer support directly. Luxuria will review and take appropriate action based on the report, which may include content removal, account suspension, or termination.
When you create or use the platform and services, you may be asked to or may voluntarily provide information about yourself, a venue, a host service, a vendor service, comments, or other information including text, images, or videos (collectively, “Content”). You represent and warrant that you are authorized to provide content to the platform and that any content you provide does not violate the proprietary or privacy rights of a third party. You may not provide any content that is copyrighted by third parties without their express permission. You grant Luxuria a fully-paid, worldwide, non-exclusive, perpetual license to use, copy, transmit, distribute, modify, publicly display, and sublicense any content you provide to us. This grant includes our ability to use any content for both internal use (such as analysis to improve the platform or services) or external use (such as in marketing or online advertising). If you cannot provide us the above license grant, then you may not provide content to us. You agree to indemnify, defend, and hold us harmless for any damages or losses based on third-party claims that content violates proprietary or privacy rights. By submitting or posting content, you also agree to waive any moral rights in and to such content.
You will only provide content to us that you own or have authorization to provide and ensure that content is accurate and complete. You must keep any content current. We reserve the right, but shall not be obligated, to use public and private data sources to validate the accuracy of any content. This may include validating your identity or business information, or verifying information about venues. You will provide us with any additional information to verify the accuracy or completeness of any content that you provide, and we may condition your use of the platform or service on our ability to verify the accuracy and completeness of this content. If you do not provide required content to us when we request it, we may suspend or terminate your account, cancel any bookings you have made or received, withhold payment, and/or impose and collect fines.
You may never post any content that (i) is defamatory, obscene, profane, or pornographic; (ii) is abusive, harassing, or disrespectful of other users; (iii) violates applicable laws, including those prohibiting discrimination, false advertising, privacy, or unlawful marketing; (iv) is intended to deceive or mislead, is false or inaccurate, or misrepresents the nature or condition of a venue; (v) contains marketing or promotional content unrelated to the details of a venue; or (vi) includes sensitive personal information, including payment, contact information, or personal account details. You will not knowingly or negligently provide any content that contains viruses, Trojan horses, and other harmful content (collectively, “Viruses”). While we attempt to identify any viruses, we are not liable for and disclaim all responsibility for ensuring that content is free from viruses.
To create assurance that events will be run in a safe, legal, and respectful manner, we have established the Social Event Policy to set expectations for all users who participate in bookings for a planned social gathering, late-night celebration, or get-together, including without limitation, any event where alcohol is sold, tickets are distributed, attendance is by open invitation, or where there is a charge for entry (a “Social Event”). You will review and abide by the entirety of this policy and agree that circumvention or other violations may result in penalties including account suspension, termination, cancellation of future bookings, and taking other actions permitted or required by law. If you have any questions about the Social Event Policy or if you believe that a user has violated this Social Event Policy, please contact us.
We have established Community Guidelines that set our expectations for all users on the platform. You will review and abide by the Community Guidelines whenever using the platform or services, communicating with other users, or using or providing use of venues. If you believe that another user is violating the Community Guidelines, please contact us. Luxuria has no obligation to monitor users’ compliance with or to enforce the Community Guidelines and shall have no liability for any user’s violation of the Community Guidelines.
If you believe that any content posted violates your copyright, is fraudulent, contains scams, or harassment, please notify us at legal@luxuria.com. This notice should identify the specific content and provide us with evidence of your ownership of the copyright, the authorization to enforce the rights of the copyright owner, or contain a certified takedown notice. We will internally review alleged violations but may not send you a response each time notifying you of the results of our review. Any information you provide to us may be shared with other users, third parties, or law enforcement to help assess the claim of infringement or remove infringing content. We will remove any content we determine to be infringing consistent with our obligations under the corresponding copyright legislation of the country where the content originated from.
We appreciate any ideas, suggestions, or feedback you voluntarily provide to help us improve the platform or services (“Feedback”). Any feedback you provide us is ours to use, register, modify, monetize, and otherwise use. You grant us all title and interest in any feedback you provide to us and, if necessary, agree to assist us in establishing our ownership. You acknowledge that you will not receive any compensation for providing us feedback.
Luxuria is, at all times, considered the data controller of personally identifiable information collected through the platform. Personally identifiable information (“PII”) means any data collected or obtained by or on behalf of Luxuria in connection with this Agreement or through the platform that identifies, may be used to identify, contact, or locate a living person to whom such information pertains, or from which identification of an individual living person can be derived. PII includes, but is not limited to: name, photographic likeness, physical address, email address, IP address, phone number, credit card number(s), bank account routing numbers, or other similar information. Our practices related to PII collected by or through the platform are disclosed in our Privacy Policy (accessible at [Luxuria Privacy Policy URL]). As between us and a host, disclosure of PII in connection with a booking or an event shall not be deemed a sale of PII, but an intentional disclosure at the direction of the guest or end-user whose PII is subject to disclosure and is provided for the purposes of fulfilling a contractual obligation. Neither party shall be deemed the service provider, processor, custodian, or agent of the other party with respect to the PII shared pursuant to this Agreement. However, in the event applicable laws prohibit such action, hosts shall not disclose the PII received from us in connection with this Agreement without first providing the individual to whom the PII pertains the right to consent to such disclosure. Each party is solely responsible for its own compliance with any laws related to privacy and data security to which that party is subject. Notwithstanding the foregoing, Luxuria may anonymize, pseudonymize, or aggregate any information, including PII or content, and use this information in a non-identifiable form for any purpose including improvement of the platform or services, or creating or distributing public marketing collateral, subject at all times to the relevant laws.
Only duly authorized Luxuria personnel or contractors are permitted to access a user’s PII and only to fulfill the obligations of this Agreement. Luxuria shall immediately notify users of any known or suspected security breach that may result in the unauthorized use, access, disclosure, alteration, or destruction of PII. Luxuria shall immediately notify users of any legally binding request for disclosure of PII by a governmental authority and shall provide users with an opportunity to waive his/her/its rights or to seek a protective order, unless Luxuria is prohibited by laws from doing so. Luxuria represents and warrants that our collection, access, use, storage, disposal, and disclosure of PII collected in performing the services does and will comply with all laws. Luxuria shall comply with Payment Card Industry Data Security Standard (“PCI DSS”) requirements for any payment data, as prescribed by the PCI Security Standards Council, and will ensure that any third party with whom Luxuria now contracts or may contract in the future to process payments or otherwise store payment data is PCI DSS compliant.
We provide you basic information to help you use the platform and services at our Support Site. While we try to maintain accurate support information, we are continuously improving the platform and services and cannot guarantee that the information provided through our Support Site is always accurate or current. While we may also provide email or phone support from time to time, we cannot guarantee that you will, where provided, receive a response within any specific timeframe.
When you make a venue available for bookings (“List” a venue) as a host, you must provide all required details about the venue including a description, how it may be used, the cost of a booking, availability, a list of any facilities, current pictures, rules, and other details about its potential uses and condition (collectively, “Description”). This includes details regarding the use of any amenities, furniture, equipment, host add-ons available at an additional charge, or fixtures that are part of or in the venue (collectively, “Amenities”). While it is important to communicate excitement and the benefits of your venue, the description must be accurate and give potential guests a reasonably accurate understanding of how they may use the venue for their event, including the disclosure of any deficiencies, restrictions, or applicable policies. Any terms or conditions included in your listing must not conflict with this Agreement or applicable policies unless expressly permitted by Luxuria in writing. For example, you may not (i) modify or expand a guest’s financial responsibilities or limit a guest’s ability to seek recourse or restitution under this Agreement, (ii) violate the Community Guidelines or laws, or (iii) require guests to pay you directly outside the platform.
You represent and warrant that you are permitted under applicable laws to list and confirm a booking of any venues provided, that venues comply with applicable laws, and that you will reasonably facilitate and not obstruct the use of a venue as booked by a guest. Hosts acknowledge and agree that they may not list or confirm a booking for any venues that they do not own or for which they do not otherwise have express permission to list. Hosts represent and warrant that they are authorized (e.g., by the owner of any applicable venue) to enter into the Agreement and participate in all requirements for the listing, booking, and collection of payments, or other terms pertaining to hosts. In addition, you represent and warrant that any listing you post, any booking of a venue, or a guest’s use of a venue will not breach any agreements you have entered into with any third parties, including but not limited to, lease agreements, homeowners associations, condominium associations, facilities managers, property managers, or other agreements, and will comply with all applicable laws, rules, regulations, restrictions (including having permits, licenses, and/or registrations), or other terms placed on the venue or use of the venue.
Bookings are created when you accept a booking request, receive an acceptance to a custom offer you have submitted to a guest, or enable your listing to be booked without prior approval (“Instant Booking”) by a guest. Bookings are a legally binding agreement between you and a guest which means you are required to provide the venue and host services as described in your listing and according to the terms agreed to in your booking. You also agree to pay the applicable service fees to Luxuria.
You are solely responsible for setting the booking price (including applicable taxes, cleaning fees, and host services fees). You may not raise the booking price for a particular guest after the guest accepts the booking, but may alter prices based on the addition or deletion of host add-ons prior to the event. Luxuria may determine, in its sole discretion, to refund the guest part or all of the booking price in accordance with its policies, which means that where we are required to do so, you may not get all of the booking price, and where you don’t, Luxuria will not be liable to you for any portion of the booking price that you do not receive.
You are responsible for maintaining the venue and amenities so that guests may reasonably use them as provided in the description and booking. Venues and amenities must be in good working order and provided to guests in a safe, clean, and usable condition. Any plumbing, electrical, structural, or other physical deficiencies or defects must be corrected or disclosed before you list a venue. Except as specified in a booking agreement, all water, electricity, HVAC and other utility services (exclusive of telephone and data services) shall be provided with the venue at no additional cost. The condition of the venue must be broom-clean and accurate to its portrayal on your listings.
In certain cases, we may elect to require a supplemental booking agreement with your listing that includes all or part of the description including a listing of any amenities and any additional terms and conditions. Where required, the booking agreement will incorporate this Agreement and supplement and be a part of the binding agreement between you and a guest. Except where approved by Luxuria, booking agreements with supplemental clauses may not impose rules or limitations on use that are materially different than those listed in the description, include any additional contractual obligations, or alter guests’ or hosts’ liabilities.
During their event, guests may photograph, film, or otherwise record events when using venues and amenities (“Event Recordings”). Except as expressly prohibited by federal, state, provincial, territorial, local, or other laws or as otherwise set forth in the description or any booking agreement, you grant to any guest that books a venue a fully-paid, worldwide, non-exclusive, perpetual license to use, copy, transmit, distribute, modify, publicly display, and sublicense event recordings that may include or identify the venue or amenities. Any disputes between hosts and guests related to unauthorized use of event recordings will be resolved according to the provisions laid out in Section 4.1.
As a host, if you have any type of security camera, surveillance equipment, or other recording device in or around your venue, you are required to disclose it in the listing, even if it is not turned on or functional. You are also required to disclose how a guest may be monitored if a recording will take place. Hosts are not permitted to have any security cameras or other recording devices in private spaces, such as bedrooms or bathrooms, regardless of whether they have been disclosed. For the avoidance of doubt, a private space will not include any portion of a venue that has been booked to carry out a commercial purpose (for example, a photo shoot for bedding which takes place in a bedroom).
As a host, you are solely responsible for ensuring that venues and amenities comply with all applicable laws including any alcoholic beverage laws, local ordinances related to the condition, licensure, or registration of venues for use by guests, and payment of taxes. We may condition your continued use of the platform or services on your providing proof, to our reasonable satisfaction, of your compliance with laws at any time. All fees owed by hosts are subject to the Fees Overview, Cancellation, and Refund Policy. Hosts are responsible for their own acts and omissions as well as the acts and omissions of any individuals who work or reside at or are otherwise present at a venue at your request or invitation, excluding the guest and any individuals the guest invites to the venue. If Luxuria, in its sole discretion, determines that a guest is entitled to receive a refund in accordance with this Agreement, the applicable policy set by Luxuria, and/or the terms of the booking agreement between the guest and host mentioned in the listing, after the host has already been paid, Luxuria will be entitled to recover the amount of any such refund from the host, including by subtracting such refund amount out from any future payments due to the host.
As a host, you are solely responsible for (i) preserving and protecting your venue and amenities by removing and/or securing valuable, vulnerable, or sensitive items, (ii) determining the appropriate types and intensities of permitted uses in your venue, (iii) evaluating the appropriateness of potential guests, and (iv) supervising and monitoring the venue and amenities and your guest’s use of the venue and amenities for the event, to the extent (if any) you as host determine in your sole judgment. As a host, you may subject to applicable law terminate an event or booking at any time and without advance notice or repayment of any payments to a guest if you determine that (i) a guest has materially misrepresented the proposed event or booking; (ii) the event as actually planned or undertaken is not in compliance with the originally proposed booking or the terms of this Agreement; (iii) permitting the booking to continue would endanger the safety or security of the venue of your tenants and residents; or (iv) the booking creates an unreasonable noise, odor, nuisance, or otherwise disturbs the quiet enjoyment of the venue or your tenant’s or your ability to conduct the day-to-day business operations of the venue.
If a host sells alcoholic beverages, the host represents and warrants that: (a) it holds a valid, current alcoholic beverage license from the state, province, territory, and/or local licensing authorities that permits sales of alcohol directly to consumers; (b) that it currently complies and will comply with all alcoholic beverage laws; and (c) that it is responsible to alcoholic beverage authorities for activities or bookings made on Luxuria and any orders of alcohol beverages under this Agreement. Host shall maintain all alcoholic beverage permits and licenses necessary and retain order records necessary to provide alcoholic beverage services as required by all applicable alcoholic beverage laws. Host acknowledges and agrees that orders will be fulfilled based on and under its legal rights under its alcoholic beverage licenses.
Bookings are created when a host accepts your booking request or enables their listing to be booked without prior approval via the Instant Booking feature. Bookings are a legally binding agreement between you and a host and are subject to any additional terms and conditions that the host has outlined in their listing description or via messaging, any supplemental booking agreements, and other terms set forth by the host, which will be provided to you prior to confirmation of a booking. A booking creates a contractual relationship between users. Upon booking a venue, a guest is (i) granted a limited, temporary, revocable license to use a venue, and (ii) if applicable, a contract for vendor services, in the manner, for the time, and subject to all restrictions provided, subject to this Agreement, and as confirmed through the platform. The scope of the use—including times, specific fees, and other additional terms or limitations—may also be included in or supplemented by a separate booking agreement that incorporates the terms and conditions of this Agreement and referenced policies. An event or booking may be terminated by the host at any time and without advance notice or repayment of any payments to you if the host determines that (i) you have materially misrepresented the proposed event or booking; (ii) the event as actually planned or undertaken is not in compliance with the originally proposed booking or the terms of this Agreement; (iii) permitting the booking to continue would endanger the safety or security of the venue of the host’s tenants and residents; or (iv) the booking creates an unreasonable noise, odor, nuisance, or otherwise disturbs the quiet enjoyment of the venue or the host’s tenants or the host’s ability to conduct the day-to-day business operations of the venue.
Guests must have a valid account in order to complete bookings. Bookings can be completed by following the booking process for the applicable venue. Guests are encouraged to review the venue description, applicable services descriptions, and confirm availability prior to booking a venue, host services, or vendor services. Some venues and services may require additional or supplemental verification in order to confirm a booking. For example, guests may be required to verify their age in order to book certain venues or to purchase alcoholic beverages for an event. Applicable fees and other charges (e.g., a deposit, if applicable) will be shown before you complete your booking. You are responsible for all fees, charges, and taxes associated with the booking. All bookings are subject to our Cancellation and Refund Policy.
When you book a venue, you are provided a license to enter, occupy, and use the venue only as described in the booking and confirmed by the host, subject to this Agreement and any booking agreement. A booking does not provide you a lease or access or use of the venue beyond the specified time and description. Hosts retain the right to re-enter the venue in accordance with your agreement with the host.
You agree to comply with the Community Guidelines and any booking agreements throughout the booking and use the venue or vendor service only as permitted or agreed upon and consistent with the description, and assure that any attendees do the same. During your booking, you are responsible for (i) the behavior and acts of any attendees, service providers, or others that access the venue, (ii) ensuring that the use does not exceed any limitations identified in the booking, (iii) coordinating the timely setup or breakdown of your event, and (iv) complying with applicable laws including acquiring any required licenses or permits for your event, hiring security personnel for larger events, COVID legal mandates, or limiting noise to certain times of the day. You are responsible for and accept all liability for any damage done to the venue or amenities during your event by attendees or service providers whether intentional or not, for your failure to comply with applicable laws, and for any fines you incur. In addition, you agree to not hold the host liable and to indemnify them for any claims or damages that are a direct result of negligence or illegal activity by you, your attendees, or service providers. You agree to return the venue to the host in substantially the condition as provided to you or as otherwise agreed in any booking agreement and consistent with the Community Guidelines, and to promptly notify hosts of any damage done to the venue or amenities. All fees owed by guests are subject to the Fees Overview and Cancellation and Refund Policy.
All bookings are subject to a grace period, which provides a refund for bookings canceled within twenty-four (24) hours from receipt of a booking confirmation, so long as the cancellation is not forty-eight (48) hours prior to an event start time. Cancellations and any refunds that may be available to you are subject to our Fees Overview and Cancellation and Refund Policy. To cancel a booking, you must submit a request to cancel using the “Cancel Booking” function on the platform; cancellation requests may not be submitted through any other method, including messages, phone calls, chats, or emails. In the event of an authorized cancellation of a confirmed booking, or if Luxuria cancels a confirmed booking at any time prior to an event, Luxuria may, in its sole discretion, issue (i) a partial or full refund; or (ii) a dollar-for-dollar credit (where we offer this credit) (“Luxuria Credit”) that may be applied towards a future booking.
You agree to leave the venue no later than the end-time of your event or at such other time as mutually agreed upon between you and the host. If you stay past the agreed-upon end-time without the host’s permission, you no longer have a license to use or stay in the venue and the host is entitled to use lawful means to force you to leave the venue. Additionally, you agree to pay to the host an overtime charge (“Overtime Charge”) as well as all applicable guest fees, taxes, and other expenses incurred by the host. We may calculate the overtime charges based on your exceeding the time (for example, a calculated hourly rate billed in 30-minute increments). You may also be charged for other costs associated with your exceeding the permitted usage of the booking (for example, exceeding the number of event attendees) (“Over Capacity Fees”). Luxuria may charge an additional service fee for any overtime charges, damages, or any other charges assessed by the host using the platform. You may read more about all fees and charges in our Fees Overview. If Luxuria determines on reasonable grounds that a host is entitled to additional fees, charges, or damages in accordance with this Agreement, the applicable policy set by Luxuria, and/or the terms of the booking agreement between the guest and host mentioned in the listing, Luxuria will be entitled to collect any such sums from you required to satisfy the outstanding obligation. Luxuria reserves the right to otherwise collect payment from you and pursue any remedies available to Luxuria in this regard in situations in which you are responsible for fees, charges, or damages, including, but not limited to, in relation to any payment requests made by hosts.
Guests may be required to obtain permission to record video or audio of any event held at a venue. You may use event recordings as permitted in your booking and as described in this Agreement. You will obtain all necessary permissions to photograph, film, or record any attendees and comply with all local or federal laws when using event recordings, including not violating any party’s right to privacy or likeness. Any disputes between hosts and guests related to unauthorized use of event recordings will be resolved according to the provisions laid out in Section 4.1.
Luxuria encourages hosts and guests to resolve disputes informally. If a dispute arises between you and Luxuria, we aim to provide you a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Luxuria agree that any dispute, claim, or controversy at law or equity that has arisen or may arise between you and Luxuria (including any dispute or claims between you and a third-party agent of Luxuria) that relates in any way to or arises out of this Agreement or previous versions of this Agreement, your use of or access to the platform, services, actions by Luxuria, or any products or services sold or purchased through the platform will be resolved in accordance with the provisions set forth in this Dispute Resolution section.
In the event of a dispute, claim, or controversy, you agree to notify us to attempt to resolve the matter amicably. We will attempt to resolve the dispute with you within thirty (30) days from the date of the initial dispute notification.
If you and Luxuria are unable to resolve the dispute through the informal process, you agree to resolve any dispute arising out of or in connection with this Agreement or your use of the platform or services by binding arbitration in the jurisdiction where the Luxuria entity is located, with a single arbitrator selected according to the rules and regulations of the American Arbitration Association (AAA). The arbitration shall be conducted in English and in accordance with the AAA rules. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
Either you or Luxuria may assert claims, if they qualify, in small claims court in the jurisdiction where you reside or in the jurisdiction where the Luxuria entity is located. Any claims for injunctive or equitable relief or claims related to intellectual property rights, as well as any disputes involving fraudulent or criminal activity, are not subject to arbitration.
You and Luxuria agree to waive the right to trial by jury in any litigation or arbitration arising out of or related to this Agreement.
All disputes between you and Luxuria shall be resolved on an individual basis, and you agree not to participate in a class action, private attorney general action, or other collective or representative proceeding against Luxuria.
To the maximum extent permitted by applicable law, Luxuria shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with your use of the platform, services, or this Agreement, even if Luxuria has been advised of the possibility of such damages. Luxuria’s total liability arising out of or in connection with this Agreement shall not exceed the amounts you have paid or owe for bookings via the platform in the twelve (12) months prior to the event giving rise to the liability, or one hundred U.S. dollars (USD $100), whichever is greater.
Luxuria provides the platform and services “as is” and “as available,” without any warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Luxuria does not warrant that the platform or services will be uninterrupted, error-free, or secure, or that any defects will be corrected.
You agree to indemnify, defend, and hold harmless Luxuria, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees and costs, arising out of or in any way connected with your access to or use of the platform, services, or content, your violation of this Agreement, or your violation of any third-party rights.
Luxuria reserves the right to modify this Agreement at any time. We will provide you with notice of any material changes to this Agreement, either through the platform, email, or other reasonable means. Your continued use of the platform or services after the effective date of the revised Agreement constitutes your acceptance of the changes. If you do not agree to the changes, you must stop using the platform and services.
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where the Luxuria entity is located, without regard to its conflict of law principles.
This Agreement, together with any additional terms and policies referenced herein, constitutes the entire agreement between you and Luxuria with respect to the platform and services and supersedes all prior or contemporaneous understandings or agreements, whether written or oral, regarding the subject matter of this Agreement.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
The failure of Luxuria to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
You may not assign or transfer this Agreement, by operation of law or otherwise, without Luxuria’s prior written consent. Any attempt by you to assign or transfer this Agreement without such consent will be null and of no effect. Luxuria may assign or transfer this Agreement at its sole discretion without restriction.
All notices or other communications required or permitted under this Agreement shall be in writing and delivered to Luxuria via email at legal@luxuria.com or through the platform’s messaging system. Luxuria may provide notices to you through the platform, email, or other reasonable means.
By using the Luxuria platform and services, you agree to abide by the terms and conditions set forth in this Agreement. This Agreement is designed to create a safe, fair, and transparent environment for all users. If you have any questions or concerns about this Agreement, please contact us at hello@luxurialife.com. Thank you for being a part of the Luxuria community.
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