Terms & Conditions

Luxuria Terms and Conditions
Effective Date: January 1, 2024
Last Updated: January 1, 2024

Welcome to Luxuria

Welcome to Luxuria, an innovative platform providing a seamless marketplace for renting luxury spaces for various occasions. These Terms and Conditions (“Terms”) govern your access to and use of Luxuria’s website, applications, and related services (“Platform”). Please read them carefully, as they constitute a legally binding agreement between you (“User”) and Luxuria, LLC (“Luxuria”).

By accessing or using the Platform, you agree to comply with and be bound by these Terms, including mandatory arbitration provisions, limitation of liability, and other legal policies outlined herein. If you do not agree to these Terms, you must not use our services.

Table of Contents

  1. Definitions
  2. Acceptance of Terms
  3. Eligibility
  4. Account Registration and Responsibilities
  5. Lister Obligations
  6. Renter Obligations
  7. Fees, Payments, and Taxes
  8. Booking Policies
  9. Cancellation and Refund Policies
  10. Insurance Requirements
  11. Liability and Indemnification
  12. Prohibited Activities
  13. Privacy and Data Security
  14. Dispute Resolution
  15. Governing Law and Jurisdiction
  16. Modifications to Terms
  17. Miscellaneous

1. Definitions

1.1 Account: A unique profile created and maintained by a User to access and utilize the Platform, requiring the submission of accurate personal, business, and payment information. An Account is non-transferable and subject to verification and security requirements set by Luxuria.

1.2 Affiliate: Any individual, business, or entity engaged in promoting Luxuria’s services through referral agreements, co-branding partnerships, or similar arrangements, subject to separate governing terms.

1.3 Amenities: Features, resources, and services included within or provided alongside a Space, such as furniture, utilities, appliances, décor, or other items described in a Listing or Booking Agreement.

1.4 API (Application Programming Interface): A set of programming instructions and standards enabling third-party software or services to interface with the Platform.

1.5 Booking: A confirmed transaction in which a Renter secures access to a Space for a specified time and purpose, subject to the terms of the Listing, the Booking Agreement, and these Terms and Conditions.

1.6 Booking Fee: The total price paid by a Renter for a Booking, encompassing the Space rental, Cleaning Fees, Security Deposits, Service Fees, and any other applicable charges outlined in the Listing or Booking Agreement.

1.7 Cancellation Policy: The rules governing cancellation of a Booking, which specify eligibility for refunds, penalties, and associated timeframes.

1.8 Chargeback: A payment reversal initiated by a financial institution or payment processor on behalf of a User, often subject to investigation and penalties under these Terms and Conditions.

1.9 Cleaning Fee: A fee set by the Lister to cover costs associated with preparing, maintaining, or restoring the Space to its pre-Event condition.

1.10 Community Guidelines: Rules established to promote respectful, safe, and lawful interactions on the Platform. Violations of the Community Guidelines may result in penalties, including Account suspension or termination.

1.11 Concierge Services: Optional assistance provided by Luxuria to facilitate Bookings, identify third-party Vendors, or coordinate specific Event needs, subject to additional fees and terms.

1.12 Content: Any information, media, or data uploaded, shared, or otherwise provided by Users on the Platform, including but not limited to text, photographs, videos, reviews, and other materials.

1.13 Cookies: Data files stored on a User’s device to facilitate functionality, track usage, and provide a customized experience on the Platform.

1.14 Data Breach: Unauthorized access, use, disclosure, alteration, or destruction of data processed or stored by Luxuria.

1.15 Data Retention Policy: Luxuria’s policy specifying the duration and manner in which User data is stored, processed, and deleted to comply with legal, operational, and privacy requirements.

1.16 Data Subject: Any individual whose personal data is collected, processed, or stored by the Platform.

1.17 Deposit: A refundable or non-refundable amount, as specified in the Booking terms, paid by the Renter as part of the Booking process to secure the Space or cover potential damages.

1.18 Dispute: Any disagreement, conflict, or claim arising between Users or between a User and Luxuria regarding the use of the Platform, a Booking, or any related transaction.

1.19 Dynamic Pricing: A pricing structure in which the cost of a Booking fluctuates based on factors such as demand, availability, seasonality, and market conditions, as determined by Luxuria or the Lister.

1.20 Event: Any planned activity or purpose for which a Space is Booked, including but not limited to meetings, social gatherings, productions, and workshops.

1.21 Force Majeure: Circumstances beyond reasonable control, including but not limited to natural disasters, government actions, public health crises, cyberattacks, or other unforeseeable events, excusing performance obligations under these Terms and Conditions.

1.22 Host: Synonymous with “Lister”; see Section 1.25.

1.23 Jurisdiction Clause: The governing legal framework for resolving disputes, specified as the laws of the jurisdiction where the Space is located unless otherwise stated in a Booking Agreement.

1.24 Limited Collection Agent: Luxuria’s role in accepting, holding, and disbursing payments on behalf of Listers, Renters, or Vendors for completed transactions on the Platform.

1.25 Lister: A User who lists a Space on the Platform for rent, either as an owner, operator, or authorized agent with the legal right to offer the Space for Booking.

1.26 Luxuria: The company providing the Platform, as defined in the introductory section of these Terms and Conditions.

1.27 Overtime Fee: Additional charges incurred by a Renter for exceeding the agreed-upon Booking period or for unauthorized use of the Space.

1.28 Platform: Luxuria’s website, applications, software, and tools that enable Users to create Listings, book Spaces, and interact with one another for transactions and communications.

1.29 Provisional Suspension: Temporary restrictions placed on a User’s Account or access to the Platform during an investigation or pending resolution of a Dispute.

1.30 Refund Processing Fee: A non-refundable fee deducted from refunds issued to Renters, as outlined in the Cancellation Policy.

1.31 Renter: A User who secures a Space through a Booking on the Platform for an Event.

1.32 Security Deposit: An amount paid by a Renter and held by Luxuria or the Lister to cover damages, violations, or other liabilities arising from the Booking, refunded upon successful completion and inspection of the Event.

1.33 Service Fee: A fee charged by Luxuria for facilitating transactions, providing the Platform, and maintaining related services.

1.34 Space: Any property, venue, or location listed on the Platform for use by Renters, as described in the Listing.

1.35 Statutory Rights: Rights afforded to Users under applicable laws that cannot be waived or limited by these Terms and Conditions.

1.36 Subscription Services (If Offered): Optional recurring payment plans providing Users with access to enhanced features or premium services on the Platform, subject to separate terms and conditions.

1.37 Supplemental Insurance: Insurance coverage facilitated by Luxuria to supplement primary insurance maintained by Users for Bookings.

1.38 Terms and Conditions: This legally binding agreement, including all sections, appendices, and referenced policies, governing the use of the Platform and Services.

1.39 Third-Party Services: Services offered by external providers, such as catering, security, or technical support, which may be booked through the Platform but are not directly provided by Luxuria.

1.40 User: Any individual or entity that accesses, interacts with, or transacts on the Platform, including but not limited to Listers, Renters, Vendors, and Affiliates.

1.41 Vendor: A User providing additional services, such as event planning, catering, or audiovisual equipment, to Renters in conjunction with a Booking.

1.42 Waiver: A voluntary relinquishment of legal rights by a User, often in connection with specific risks inherent in Bookings, Events, or use of the Platform.

2. Acceptance of Terms

2.1 Agreement to Terms:
By accessing, browsing, registering, or using Luxuria’s online platform, tools, applications, or services (collectively referred to as the “Platform”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”). These Terms constitute a binding legal agreement between you (“User,” “you,” or “your”) and Luxuria, governing your access to and use of the Platform. This includes all associated features, functionality, content, services, and any future modifications or updates to the Platform.

2.2 Incorporation of Supplemental Agreements and Policies:
In addition to these Terms, your use of the Platform is subject to Luxuria’s Privacy Policy, Community Guidelines, Cancellation Policy, and any other agreements or policies referenced herein or made available on the Platform (collectively, “Supplemental Agreements”). These Supplemental Agreements are incorporated by reference and form an integral part of these Terms. If you do not agree to any provision of these Terms or the Supplemental Agreements, you must cease all use of the Platform immediately.

2.3 Changes to Terms:
(a) Luxuria’s Right to Modify: Luxuria reserves the right to revise, modify, update, or amend these Terms and any Supplemental Agreements at any time, at its sole discretion, and without prior notice to Users. All changes will take effect immediately upon posting the revised Terms on the Platform, unless a later effective date is specified.

(b) Notification of Changes: For significant or material changes to these Terms, Luxuria may notify Users by email, prominent notice on the Platform, or other reasonable means. However, your continued use of the Platform constitutes acknowledgment and acceptance of any changes, regardless of whether notification was provided.

(c) User Responsibility: It is your sole responsibility to regularly review the Terms and any Supplemental Agreements for updates. Luxuria recommends that you frequently check the Platform or your registered email for any announcements regarding changes to these Terms.

(d) Acceptance of Changes: By continuing to use the Platform after any updates or changes to the Terms are posted, you affirm your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform immediately and close your account, if applicable.

2.4 Eligibility to Use the Platform:
(a) Legal Age: To access or use the Platform, you must be at least the age of majority in your jurisdiction and capable of entering into legally binding contracts. Luxuria does not permit the use of its Platform by individuals under the age of majority unless supervised by a parent or legal guardian.

(b) Authorization to Bind an Entity: If you are using the Platform on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you lack the necessary authority, you must not use the Platform on behalf of such an entity.

(c) Compliance with Laws: By using the Platform, you represent and warrant that your use complies with all applicable local, state, national, and international laws, regulations, and ordinances, including those related to data privacy, intellectual property, and contractual obligations.

2.5 Conditions for Access:
Access to the Platform is conditional on your acceptance of these Terms and compliance with all applicable laws, regulations, and Luxuria’s policies. Luxuria reserves the right to deny access to the Platform, suspend accounts, or terminate use privileges at its sole discretion for any reason, including but not limited to violations of these Terms.

2.6 Supplemental Terms for Specific Features:
Certain features, functionalities, or services offered on the Platform may require you to agree to additional terms, conditions, or policies. These supplemental terms are incorporated into and made part of these Terms by reference. If any supplemental terms conflict with these Terms, the supplemental terms shall control for the specific feature, service, or functionality to which they apply.

2.7 Non-Transferability of Terms:
Your agreement to these Terms is personal to you and may not be assigned, transferred, or delegated to any third party without Luxuria’s prior written consent. Luxuria reserves the right to transfer or assign its rights and obligations under these Terms to any third party at any time, with or without notice.

2.8 Termination of Agreement:
(a) User-Initiated Termination: You may terminate your agreement to these Terms by ceasing all use of the Platform and closing your account, if applicable. Upon termination, you remain responsible for all obligations, payments, or liabilities incurred prior to termination.

(b) Luxuria-Initiated Termination: Luxuria reserves the right to terminate your access to the Platform or suspend your account at any time, with or without notice, for any reason, including but not limited to your breach of these Terms, failure to comply with applicable laws, or misuse of the Platform.

(c) Survival of Provisions: All provisions of these Terms that by their nature should survive termination (e.g., indemnities, disclaimers, dispute resolution, and intellectual property provisions) shall remain in effect even after termination of your agreement with Luxuria.

2.9 Acknowledgment of Electronic Agreement:
By using the Platform, you consent to the formation of a binding agreement through electronic means and waive any rights to require a physical or non-electronic signature. You also acknowledge that all notices, disclosures, agreements, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

2.10 Language of the Terms:
These Terms are provided in English. In the event of any inconsistency or conflict between the English version and any translations of these Terms, the English version shall prevail and govern.

2.11 No Waiver of Terms:
Luxuria’s failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision or any other provision in the future.

2.12 Severability:
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision shall be replaced with a valid provision that most closely reflects the intent and purpose of the original provision.

2.13 Entire Agreement:
These Terms, together with any Supplemental Agreements or policies incorporated by reference, constitute the entire agreement between you and Luxuria regarding your use of the Platform. They supersede and replace any prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the subject matter hereof.

3. Eligibility

3.1 Age Requirement
Users must be at least 18 years old to create an account or use the Platform. By accessing or using Luxuria, you represent and warrant that you meet this age requirement. Luxuria reserves the right to request proof of age, such as a government-issued ID, and to terminate accounts of users found to be in violation of this requirement.

3.2 Legal Capacity
You represent and warrant that you have the legal authority to enter into binding contracts under applicable law. If you are registering on behalf of an entity, you further represent and warrant that you are authorized to bind that entity to these Terms.

3.3 Compliance with Laws
By accessing or using the Platform, you agree to comply with all applicable federal, state, and local laws, ordinances, and regulations. Luxuria reserves the right to deny access to any user who fails to comply with this requirement or whose use violates applicable laws in their jurisdiction.

3.4 Account Ownership and Responsibility
You may not transfer or assign your account to any other party without express written consent from Luxuria. You are solely responsible for maintaining the confidentiality of your account credentials and all activities conducted under your account. Luxuria is not liable for any unauthorized use of your account due to your failure to safeguard your credentials.

3.5 Restrictions for Restricted Persons and Locations
The Platform is not available to individuals who are designated on any government watchlists, including but not limited to the U.S. Treasury Department’s list of Specially Designated Nationals, or to individuals located in countries subject to U.S. embargoes or restrictions. Luxuria reserves the right to terminate accounts or deny service to any user found in violation of this clause.

3.6 Verification Requirements
Luxuria may require you to provide additional information or documentation, including but not limited to government-issued identification, to verify your eligibility to use the Platform. Failure to comply with such requests may result in suspension or termination of your account.

3.7 Use by Minors Prohibited
Luxuria strictly prohibits the use of its Platform by individuals under the age of 18, even with parental or guardian consent. Any accounts found to belong to minors will be immediately terminated without notice.

3.8 Geographic Restrictions
Luxuria operates on a nationwide basis within the United States but may restrict access to users in certain jurisdictions due to legal or operational reasons. By using the Platform, you represent and warrant that your use complies with the laws of the jurisdiction in which you reside. Users located outside the United States are solely responsible for ensuring compliance with their local laws.

3.9 False Information and Misrepresentation
You agree not to provide false, misleading, or inaccurate information when registering or using the Platform. Luxuria reserves the right to immediately suspend or terminate accounts upon discovery of any misrepresentation or fraudulent activity.

3.10 Non-Circumvention
You may not bypass or attempt to bypass eligibility criteria, including but not limited to using proxies, fake accounts, or third-party intermediaries. Any attempt to circumvent these criteria will result in immediate account termination and possible legal action.

3.11 Reserved Right to Deny Service
Luxuria reserves the right, in its sole discretion, to deny access to the Platform to any individual or entity, including those who fail to meet the eligibility criteria set forth in this section or violate these Terms. Luxuria’s determination of eligibility is final and binding.

4. Account Registration and Responsibilities

4.1 Account Creation
To access and use Luxuria’s Platform, users are required to create an account by providing accurate, current, and complete information during the registration process. This includes, but is not limited to, your full legal name, email address, phone number, billing address, and, if applicable, payment details. Luxuria reserves the right to request additional information to verify your identity or ensure compliance with these Terms. By registering for an account, you affirm that all information provided is true, accurate, and complete. You agree to promptly update your account information to maintain its accuracy and completeness. Failure to provide accurate or updated information may result in suspension or termination of your account. Luxuria is not liable for any damages or losses resulting from your failure to comply with these requirements.

4.2 Security of Account Credentials
You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username and password. Sharing your credentials with any third party is strictly prohibited. You agree to notify Luxuria immediately if you suspect or become aware of any unauthorized access to your account or other breach of security. Luxuria is not liable for any unauthorized use of your account or any losses or damages arising from such use, regardless of whether it was caused by your negligence. You may be held liable for any losses or damages incurred by Luxuria or other users due to unauthorized use of your account.

4.3 Prohibited Accounts
Users whose accounts have been suspended or terminated for any reason are strictly prohibited from creating new accounts on the Platform. This prohibition includes, but is not limited to, using alternative credentials, creating accounts through third-party services, or enlisting others to create accounts on their behalf. Luxuria reserves the right to immediately suspend or terminate any accounts found to be in violation of this provision and may pursue legal action if necessary.

4.4 One Account Per User
Each user is permitted to create and maintain only one account unless explicitly authorized by Luxuria in writing. Creating multiple accounts without authorization, including to bypass restrictions or penalties applied to a previous account, is a violation of these Terms and will result in suspension or termination of all associated accounts.

4.5 Account Ownership
Accounts are personal to the individual or entity that registers them. You may not transfer, assign, sell, or otherwise allow another party to use your account without the express written consent of Luxuria. Accounts created on behalf of businesses or other entities must be registered by an authorized representative who warrants their authority to bind the entity to these Terms. Luxuria may request documentation to verify such authority and reserves the right to suspend accounts until verification is complete.

4.6 Verification Requirements
Luxuria may require users to undergo identity verification or provide supporting documentation at any time to confirm the accuracy of the information provided during registration or to ensure compliance with applicable laws and regulations. This may include submitting government-issued identification, business licenses, proof of address, or other relevant documents. Users who fail to comply with verification requests or who provide fraudulent or invalid documentation may have their accounts suspended or terminated. Luxuria reserves the right to deny access to the Platform if a user fails verification.

4.7 Account Inactivity
Luxuria reserves the right to deactivate accounts that remain inactive for a prolonged period, as determined at Luxuria’s sole discretion. Prior to deactivation, Luxuria will notify users via their registered email address, allowing them a specified period to log in and reactivate their accounts. Deactivated accounts may require additional verification to be reinstated.

4.8 Termination and Suspension of Accounts
Luxuria reserves the right to suspend or terminate your account at any time, with or without notice, for any of the following reasons:

  • Violation of these Terms or any other applicable policies.
  • Provision of false, misleading, or incomplete information during registration or use of the Platform.
  • Engaging in fraudulent activity, abuse, or other misconduct on the Platform.
  • Failure to comply with applicable laws or Luxuria’s verification requirements.
  • Actions that harm Luxuria’s reputation or the integrity of the Platform.

Suspension or termination of your account does not relieve you of any obligations incurred prior to the suspension or termination, including payment obligations or liabilities for damages caused during the use of the Platform. Luxuria may retain certain account information as required by law or for legitimate business purposes.

4.9 Recovery of Accounts
If your account is suspended or terminated and you believe the action was taken in error, you may submit a written appeal to Luxuria within 30 days of receiving the suspension or termination notice. Appeals must include any supporting documentation and an explanation of why the account should be reinstated. Luxuria reserves the right to uphold or overturn the suspension or termination at its sole discretion, and such decisions are final and binding.

4.10 Liability for Account Activity
You are solely responsible for all activities conducted through your account, whether authorized by you or not. This includes any actions taken by individuals who gain access to your account due to your failure to safeguard your credentials. Luxuria reserves the right to hold you liable for losses or damages resulting from unauthorized use of your account and may pursue legal action to recover such losses.

4.11 Communication Preferences
By creating an account, you consent to receive communications from Luxuria via email, SMS, or other methods as part of the account management process. These communications may include account updates, notifications, promotional offers, and other important information. You may opt out of receiving promotional communications at any time; however, opting out of account-related communications may limit your ability to effectively use the Platform.

4.12 Prohibited Uses of Accounts
Users agree not to use their accounts for any of the following prohibited activities:

  • Impersonating another person or entity or misrepresenting your identity.
  • Violating any laws, regulations, or Luxuria’s Terms and policies.
  • Engaging in fraudulent, abusive, or deceptive practices.
  • Circumventing account restrictions, bans, or penalties.
  • Accessing the Platform using automated tools, bots, or scripts.
  • Harassing, threatening, or defrauding other users.

Luxuria reserves the right to investigate and take legal action against users found engaging in prohibited activities, including immediate suspension or termination of accounts.

4.13 Notice of Changes to Account Terms
Luxuria reserves the right to update or modify the terms governing account registration and responsibilities at any time. Material changes will be communicated to users via their registered email addresses or through notices posted on the Platform. Continued use of the Platform after such changes constitutes acceptance of the revised terms. If you do not agree to the changes, you must cease using the Platform and may request the termination of your account.

5. Lister Obligations

5.1 Compliance with Laws
Listers are required to comply with all applicable federal, state, local, and international laws, regulations, ordinances, and codes when listing and operating their properties or spaces through Luxuria. This includes, but is not limited to:

  • Zoning Compliance: Ensuring the property’s usage aligns with zoning requirements and restrictions, including permissible uses for short-term rentals, event hosting, or other commercial purposes.
  • Tax Obligations: Listers must identify and fulfill all applicable tax responsibilities, including collecting, reporting, and remitting occupancy taxes, sales taxes, value-added taxes (VAT), goods and services taxes (GST), or any other levies required by law. Listers are solely responsible for determining and fulfilling these obligations.
  • Safety and Health Standards: Properties must adhere to applicable safety and health standards, including compliance with fire codes, building codes, and sanitation requirements. Listers must install and maintain safety equipment, such as:
    • Functional smoke detectors, fire extinguishers, and carbon monoxide detectors.
    • Clearly marked emergency exits and accessible evacuation routes.
    • Adequate lighting in and around the property to ensure guest safety.
  • Permits and Licenses: All necessary permits, licenses, and certifications required for the listing, such as business licenses, event permits, or short-term rental registrations, must be obtained and maintained. Listers must ensure these documents remain valid and up-to-date throughout the listing’s duration.
  • Accessibility Requirements: Properties must comply with applicable accessibility laws, such as the Americans with Disabilities Act (ADA), where required.

Failure to comply with legal obligations will result in immediate suspension or removal of the listing, account termination, and potential legal consequences. Luxuria disclaims all liability for Listers’ non-compliance with any laws or regulations.

5.2 Accurate Listings
Listers are solely responsible for ensuring that all information provided in their listings is truthful, accurate, and up-to-date. This includes:

  • Property Descriptions: All details about the property, such as size, layout, amenities, and usage rules, must be clearly described and reflect the property’s current state. Misrepresentation, exaggeration, or omission of relevant details is strictly prohibited.
  • Photos and Videos: Visual content must provide an accurate and recent depiction of the property. Staged, misleading, or altered images are not permitted. Photos and videos must include:
    • Clear images of all listed rooms and areas available to guests.
    • Accurate portrayals of amenities, furniture, and décor.
    • Images of the property’s exterior, parking, and surrounding areas, if applicable.
  • Availability: Listers must keep their availability calendars accurate and current to avoid scheduling conflicts, double bookings, or guest inconvenience.
  • Pricing: All costs, including nightly or hourly rates, cleaning fees, security deposits, additional charges for amenities, and any applicable taxes, must be transparently displayed in the listing. Hidden fees are strictly prohibited.
  • House Rules: Listers must clearly outline all rules and restrictions for guests, such as noise levels, maximum occupancy, smoking policies, and pet allowances. These rules must also comply with local laws and Luxuria’s Community Guidelines.

Luxuria reserves the right to remove or modify any listing that contains inaccurate, outdated, or misleading information. Repeated violations may result in account suspension or termination.

5.3 Property Maintenance
Listers are responsible for ensuring that their properties are consistently maintained to meet Luxuria’s quality and safety standards. This includes:

  • Cleanliness: Properties must be thoroughly cleaned and sanitized before each booking. This includes:
    • Removing trash, vacuuming, and dusting all areas.
    • Sanitizing high-touch surfaces, such as doorknobs, countertops, and light switches.
    • Providing clean bedding, towels, and toiletries for guest use.
  • Functional Amenities: Listers must ensure that all listed amenities, such as appliances, utilities (e.g., water, electricity, HVAC), and furniture, are in good working condition and available for use. Any issues must be promptly addressed before guest arrival.
  • Preventative Maintenance: Listers must perform routine inspections and upkeep to prevent safety hazards or disruptions, including:
    • Addressing structural issues, such as leaks, cracks, or unstable fixtures.
    • Maintaining outdoor areas, such as landscaping, driveways, and walkways.
    • Ensuring that plumbing, electrical systems, and HVAC systems are functional and compliant with applicable codes.
  • Emergency Repairs: Listers must provide prompt responses to maintenance or repair issues reported during a guest’s stay. Emergency contact information must be readily available for guests.

Failure to maintain the property to these standards may result in penalties, listing removal, or account suspension.

5.4 Insurance Requirements
Listers are required to obtain and maintain comprehensive insurance coverage for their properties and operations. This includes:

  • General Liability Insurance: Coverage for injuries, damages, or losses occurring on the property during a guest’s stay.
  • Property Damage Insurance: Coverage for damages to the property, furnishings, or amenities caused by guests or their attendees.
  • Event Insurance: For properties used for events, coverage must extend to liabilities associated with hosting events, such as injuries or property damage.

Luxuria reserves the right to request proof of insurance at any time. Failure to provide adequate insurance coverage may result in listing suspension or removal.

5.5 Guest Communication
Effective communication with guests is a critical obligation for Listers. This includes:

  • Timely Responses: Listers must respond to inquiries, booking requests, and messages within a reasonable timeframe, typically within 24 hours.
  • Clear Instructions: Listers must provide detailed instructions for check-in, check-out, property access, and the use of amenities.
  • Issue Resolution: Listers are required to address guest concerns, complaints, or emergencies promptly and professionally.

Poor communication or unresponsiveness may result in negative reviews, penalties, or account suspension.

5.6 Non-Discrimination Policy
Luxuria prohibits all forms of discrimination. Listers must treat all guests equally and may not refuse service or impose restrictions based on:

  • Race, color, ethnicity, or national origin.
  • Gender, gender identity, or sexual orientation.
  • Religion or belief.
  • Disability or medical conditions.
  • Age, marital status, or family status.

Violations of this policy will result in immediate account termination and may be reported to relevant authorities.

5.7 Prohibited Listings
Listers are prohibited from listing properties that:

  • Do not comply with local zoning or safety regulations.
  • Are involved in illegal activities or purposes.
  • Contain hazardous materials, such as asbestos, mold, or exposed wiring.
  • Are misrepresented or fail to meet Luxuria’s quality standards.
  • Are not owned or leased by the Lister without proper authorization.

Luxuria reserves the right to remove prohibited listings without notice and may report such listings to relevant authorities.

5.8 Listing Reviews and Audits
Luxuria retains the right to review and audit all listings to ensure compliance with these Terms. This includes:

  • Initial Review: All listings are subject to approval before being published on the Platform.
  • Periodic Audits: Listings may be periodically audited to verify accuracy, compliance, and quality.
  • Listing Updates: Listers must promptly update their listings to reflect changes in property conditions, amenities, or availability.

Listings found to be non-compliant may be suspended or removed.

5.9 Indemnification
Listers agree to indemnify and hold Luxuria and its affiliates harmless from any claims, damages, losses, or liabilities arising from:

  • Non-compliance with laws or regulations.
  • Inaccurate or misleading information in listings.
  • Property-related disputes or damages.
  • Injuries or losses occurring on the property.

5.10 Termination of Listings
Luxuria reserves the right to suspend or terminate any listing that violates these Terms or fails to meet Luxuria’s standards. Listers will be notified of the reasons for termination and may appeal the decision within 14 days.

6. Renter Obligations

6.1 Use Restrictions
Renters are required to strictly adhere to the terms outlined in their Booking Agreement, including the intended use of the property. This obligation is non-negotiable and is implemented to protect the property and ensure compliance with all relevant laws, rules, and agreements. Detailed obligations include:

  • Authorized Use Only: Renters must use the property solely for the purpose explicitly stated in the Booking Agreement. Unauthorized usage, such as using the property for purposes not disclosed or agreed upon, including commercial activities, ticketed events, or activities requiring specific permits, is strictly prohibited.
  • Time Constraints: Properties may only be accessed and used during the specific times outlined in the Booking Agreement. Renters may not enter the property before the agreed start time or remain on the property after the agreed end time without prior written consent. Overages may result in additional fees, legal action, and potential account suspension.
  • Guest Limitations: Renters must adhere to the maximum number of attendees specified in the Booking Agreement. Any violation of this restriction, including unapproved attendees, will result in penalties, additional fees, and possible termination of the rental.
  • Physical Alterations Prohibited: Renters may not make any alterations or modifications to the property, including but not limited to:
    • Painting, drilling, or attaching any objects to walls, ceilings, or fixtures.
    • Moving or permanently displacing furniture, fixtures, or appliances without prior approval.
    • Installing temporary structures or decorations that may cause damage to the property.
  • Adherence to Property-Specific Rules: Renters must comply with all rules provided by the Lister, including:
    • Adherence to noise ordinances and quiet hours.
    • Proper disposal of waste, recycling, and cleanup obligations.
    • Limitations on the use of utilities such as electricity, water, and gas.
  • No Subletting or Unauthorized Access: Renters are strictly prohibited from subletting the property, transferring their rights to another party, or allowing unauthorized individuals to access the property.

Failure to adhere to these use restrictions constitutes a material breach of the Booking Agreement and may result in immediate eviction, forfeiture of deposits, additional fees, and legal action.

6.2 Damages
Renters assume full responsibility for any damage caused to the property during their rental period, whether intentional, accidental, or resulting from negligence. Renters’ liability includes:

  • Structural Damage: Renters are responsible for any damage to walls, floors, ceilings, fixtures, or any permanent installations on the property. This includes damage caused by the improper use of equipment, furniture, or other items.
  • Furnishings and Equipment Damage: Renters are liable for any damage to movable property, including:
    • Furniture, appliances, and electronics.
    • Decorations, artwork, or other personal items provided by the Lister.
  • Environmental Damage: Renters must ensure the property’s outdoor areas, landscaping, and any surrounding natural features are preserved. Damage to gardens, trees, water features, or outdoor structures will result in penalties.
  • Third-Party Responsibility: Renters are responsible for the actions and behavior of all guests, attendees, vendors, and contractors present on the property during the rental period. Any damages caused by these individuals will be the Renter’s responsibility.
  • Insurance Obligations: Renters are encouraged to secure liability insurance covering potential damages. Luxuria reserves the right to require proof of insurance before confirming a booking.

Damage assessments will be conducted by the Lister following the rental period. Renters agree to promptly pay all repair or replacement costs as determined by the Lister or Luxuria. Failure to do so may result in account suspension, legal action, and additional penalties.

6.3 Prohibited Uses
Luxuria strictly prohibits certain uses of properties listed on the platform to ensure safety, legality, and compliance with all applicable rules and regulations. Prohibited uses include, but are not limited to:

  • Illegal Activities: Renters may not engage in activities that violate local, state, or federal laws, such as:
    • Manufacturing, distributing, or consuming illegal substances.
    • Engaging in unlawful trade or commerce.
    • Using the property for unlicensed gambling operations or illicit financial activities.
  • Hazardous Activities: Activities that present significant safety risks, including:
    • Use or storage of hazardous materials, explosives, or toxic chemicals.
    • Conducting extreme sports, stunts, or high-risk activities without proper permits and safety measures.
  • Unauthorized Events: The use of the property for events not explicitly approved in the Booking Agreement, such as:
    • Commercial shoots, large gatherings, or parties exceeding occupancy limits.
    • Events involving ticket sales or entry fees without prior disclosure.
    • Activities likely to disturb neighbors or violate local ordinances.
  • Disturbances: Renters must avoid causing disturbances to the surrounding community, including:
    • Excessive noise, loud music, or disruptive behavior.
    • Parking violations or unauthorized use of neighboring properties.
    • Littering or improper waste disposal.

Violations of these prohibited uses will result in immediate termination of the rental agreement, reporting to authorities, and potential legal consequences.

6.4 Cleanliness and Cleanup Responsibilities
Renters are responsible for maintaining the property’s cleanliness during and after the rental period. Specific obligations include:

  • Maintenance During Use: Renters must ensure the property remains in good condition throughout the rental period, including:
    • Cleaning up spills or debris to prevent permanent damage.
    • Using protective measures for delicate surfaces or furnishings.
  • Post-Rental Cleanup: At the end of the rental period, Renters must:
    • Remove all personal belongings, trash, and decorations.
    • Restore furniture and equipment to their original positions.
    • Notify the Lister of any issues requiring attention, such as minor damages.
  • Penalties for Non-Compliance: Renters who fail to meet cleanup standards may incur additional cleaning fees, which will be determined by the Lister and processed through Luxuria.

6.5 Communication Obligations
Renters must maintain open and timely communication with Listers and Luxuria throughout the rental process. Obligations include:

  • Pre-Rental Disclosures: Renters must provide accurate details about the intended use of the property, including:
    • The purpose of the rental.
    • The number of expected attendees.
    • Any additional services or requirements.
  • Check-In and Check-Out: Renters must adhere to the agreed check-in and check-out times and follow all instructions provided by the Lister.
  • Issue Reporting: Renters must immediately report any damages, maintenance issues, or safety concerns encountered during their rental period.

6.6 Indemnification
Renters agree to indemnify and hold harmless Luxuria, its affiliates, and the property owner or Lister from any claims, damages, losses, or liabilities resulting from:

  • Non-compliance with these Terms, property rules, or applicable laws.
  • Damages caused to the property or neighboring properties during the rental period.
  • Injuries or losses sustained by attendees, guests, or third parties during the rental period.

6.7 Consequences of Non-Compliance
Non-compliance with these Renter Obligations will result in:

  • Immediate termination of the rental agreement and possible eviction.
  • Forfeiture of any security deposits or advance payments.
  • Additional fees to cover damages, cleaning, or penalties.
  • Suspension or permanent termination of the Renter’s Luxuria account.
  • Legal action or reporting to law enforcement for serious violations.

Luxuria reserves the right to investigate all violations and take appropriate action to protect its users, property owners, and platform integrity.

7. Fees, Payments, and Taxes

7.1 Service Fees
Luxuria applies service fees as part of its operational model to ensure the quality and functionality of the Platform. These fees are structured as follows:

  • Standard Fee Structure: Luxuria charges a standard service fee of 10% of the total transaction amount to Listers for each completed booking facilitated through the Platform. This standard rate encompasses the total of property fees, add-ons, and any other services explicitly agreed upon by the involved parties.
  • Variable Fee Adjustments: Luxuria reserves the unrestricted right to modify service fee percentages at any time. Adjustments may be based on business needs, operational costs, changes in market conditions, or other considerations Luxuria deems relevant. Notification of changes may be provided at Luxuria’s discretion, but is not guaranteed.
  • Fee Inclusion: Service fees are inclusive of any technical or administrative costs associated with maintaining the Platform, facilitating transactions, and supporting customer service initiatives. Additional fees may be levied for special services or optional features as determined by Luxuria.
  • Discretionary Charges: Luxuria may apply additional charges for specific services, premium features, or adjustments related to the nature of the listing, renter requests, or booking characteristics. Such charges are determined solely by Luxuria and are non-negotiable.

7.2 Taxes
The responsibility for calculating, collecting, and remitting taxes related to the use of the Platform lies entirely with Listers and other applicable users. Luxuria’s role concerning taxes is as follows:

  • User Responsibility: Listers must independently determine their tax liabilities, including but not limited to property taxes, sales taxes, occupancy taxes, value-added taxes (VAT), goods and services taxes (GST), and any other taxes required by applicable laws in their jurisdiction. Luxuria does not provide legal, financial, or tax advice and disclaims any responsibility for ensuring user compliance with tax obligations.
  • Tax Remittance: It is the sole obligation of the Lister to remit applicable taxes to the relevant tax authorities. Luxuria does not assume liability for non-payment, underpayment, or miscalculation of taxes owed.
  • Platform-Assisted Tax Collection: In jurisdictions where Luxuria facilitates tax collection and remittance on behalf of Listers, such actions are performed as a convenience to users and do not transfer liability for compliance. Luxuria retains the right to deduct taxes collected through the Platform from payouts issued to Listers.
  • Tax Disclosures: Listers agree to provide all necessary tax documentation or proof of exemption upon Luxuria’s request. Failure to do so may result in account suspension, cancellation of listings, or withholding of payments.
  • Indemnification: Listers and users agree to indemnify and hold Luxuria harmless from any claims, penalties, or liabilities arising from tax non-compliance, disputes with tax authorities, or failure to fulfill applicable tax obligations.

7.3 Payment Processing
Luxuria partners with authorized third-party payment processors to ensure secure and efficient handling of all monetary transactions conducted on the Platform.

  • Processor Selection: Luxuria exclusively collaborates with reputable, PCI-compliant payment processing entities. These processors are responsible for safeguarding sensitive payment information and ensuring adherence to industry standards.
  • Payment Authorization: By registering on the Platform, users consent to Luxuria and its payment processors collecting, storing, and processing payment information in accordance with applicable privacy laws and payment industry regulations.
  • Accuracy of Information: Users are required to provide accurate and current payment information during account setup. Failure to maintain valid payment credentials may result in delayed transactions, account suspension, or booking cancellations.
  • Processing Delays: Luxuria is not liable for interruptions, errors, or delays resulting from third-party payment processors. Users are encouraged to contact the payment processor directly to resolve disputes or technical issues.
  • No Warranties: Luxuria does not guarantee the uninterrupted availability of payment processing services or their error-free operation. Users acknowledge that external factors beyond Luxuria’s control may impact payment services.

7.4 Fee Adjustments and Transparency
Luxuria retains sole discretion over the implementation, modification, or elimination of fees and is not obligated to disclose fee-related policies or changes to users.

  • Discretionary Adjustments: Service fees, transaction fees, and other charges may be introduced, increased, decreased, or eliminated at any time to reflect changes in business operations, legal requirements, or market conditions.
  • Non-Transparency: Luxuria does not guarantee transparency regarding fee structures or calculations. By using the Platform, users waive any rights to challenge or dispute the fairness, proportionality, or rationale behind fees imposed by Luxuria.
  • Conditional Adjustments: Fee adjustments may apply variably across users, services, or geographic regions, as determined by Luxuria’s internal policies.

7.5 Refunds, Adjustments, and Dispute Resolution
Luxuria provides limited refund options and reserves the right to adjust payments or fees at its sole discretion:

  • Refund Policy: Refunds are subject to the terms outlined in the Cancellation and Refund Policy. Refund eligibility and amounts are determined solely by Luxuria based on specific booking circumstances.
  • Adjustment Authority: Luxuria reserves the right to adjust payments for reasons including, but not limited to, renter disputes, miscalculated fees, or errors in the booking process.
  • Final Decisions: All refund and adjustment decisions rendered by Luxuria are binding and final.

7.6 Late Payments, Penalties, and Enforcement
Luxuria enforces strict policies regarding overdue payments and reserves the right to impose penalties for non-compliance:

  • Late Fees: Payments not received by the due date may incur penalties, including late fees of up to 15% of the overdue balance and interest at the maximum rate permitted by applicable law.
  • Account Restrictions: Users with delinquent accounts may face suspension, restrictions on Platform access, or termination of services. Luxuria reserves the right to withhold payouts to Listers until all outstanding fees are resolved.
  • Collections: Luxuria may engage third-party collection agencies or legal services to recover unpaid balances. Users are responsible for all costs associated with the recovery process, including legal fees, administrative costs, and interest.

7.7 Currency Exchange and Conversion
Transactions involving multiple currencies are subject to the following provisions:

  • Currency Selection: Luxuria supports transactions in multiple currencies; however, availability depends on user location and payment processor capabilities.
  • Exchange Rates: Currency conversions are conducted using real-time exchange rates provided by payment processors. Luxuria is not liable for discrepancies in exchange rates or fees applied during conversion.
  • Conversion Charges: Users acknowledge and accept that additional fees may apply for currency conversion, as determined by payment processors or financial institutions.

7.8 User Indemnification Regarding Fees and Taxes
Users agree to indemnify Luxuria against claims, penalties, or liabilities arising from disputes or failures related to fees and taxes:

  • Fee Disputes: Users are solely responsible for resolving disputes regarding fees or charges imposed by Luxuria. Luxuria is not obligated to adjust or waive fees in response to user complaints.

Tax Liabilities: Users indemnify Luxuria against liabilities arising from misrepresentation, non-compliance, or failure to fulfill tax obligations.

8. Booking Policies

8.1 Confirmation

  • Payment Processing and Validation: Bookings initiated through the Luxuria Platform are only considered valid once the payment has been successfully processed by our authorized third-party payment processors and explicitly confirmed by Luxuria. Payment methods must be current, accurate, and free from restrictions that may impede the transaction. Users bear the sole responsibility for ensuring the availability of funds and accuracy of payment details at the time of booking.
  • Issuance of Confirmation: Upon successful payment processing, Luxuria will provide a formal booking confirmation via the Platform, email, or other designated communication channels. This confirmation serves as the binding acknowledgment of a completed transaction and establishes the terms of the agreement between the Lister and Renter. Until such confirmation is issued, the requested booking remains pending and subject to cancellation or rejection.
  • Conditional Approvals and Fraud Prevention: Luxuria retains the right to delay, withhold, or cancel any booking confirmations if payments are flagged for fraud, suspected misuse, or any discrepancies that contravene Luxuria’s policies. Users may be required to provide additional verification or documentation to resolve such issues.
  • Role and Disclaimer: Luxuria acts solely as an intermediary facilitating the transaction between Listers and Renters. Luxuria does not verify or guarantee the availability, suitability, or condition of listed properties. Any disputes, claims, or issues arising from the booking are strictly between the Lister and Renter, with Luxuria bearing no liability under any circumstances.

8.2 Modifications

  • Mutual Agreement Requirement: Any changes to an existing booking, such as adjustments to dates, usage, property rules, or other conditions, must be explicitly agreed upon by both the Lister and Renter through the Platform’s modification tools. Neither party may unilaterally alter the terms of a confirmed booking without prior consent.
  • Submission of Modification Requests: Requests to modify a booking must be submitted through the designated modification request feature within the Platform. Renters and Listers are advised to provide clear details and sufficient advance notice when proposing changes, allowing adequate time for review and acceptance by the other party.
  • Assessment of Feasibility: All modifications are subject to the availability of the property and the willingness of both parties to accept the proposed changes. Luxuria does not guarantee the approval or feasibility of modification requests.
  • Financial Adjustments: Modifications may result in recalculated fees, additional charges, or partial refunds, depending on the nature of the changes. All financial adjustments must be processed through the Platform to maintain transparency and ensure proper documentation. Luxuria reserves the right to impose a modification processing fee at its sole discretion.
  • Updated Confirmation: Once a modification is agreed upon by both parties, Luxuria will issue an updated booking confirmation reflecting the revised terms. This updated confirmation supersedes the original agreement and serves as the new binding contract between the parties.

8.3 Cancellation and Refunds

  • General Policy: Cancellations are subject to Luxuria’s Cancellation and Refund Policy, which outlines the conditions, penalties, and refund eligibility associated with canceled bookings. Users are encouraged to familiarize themselves with this policy prior to confirming any transactions.
  • Lister-Initiated Cancellations: If a Lister cancels a confirmed booking, Luxuria may, at its discretion, assist the Renter in securing alternative accommodations or provide a refund. Luxuria is not liable for losses, inconvenience, or additional expenses resulting from Lister cancellations.
  • Renter-Initiated Cancellations: Renters who cancel a booking are subject to the refund conditions specified at the time of booking. Refund eligibility depends on factors such as the cancellation timeframe, property-specific policies, and any applicable fees. Certain fees, including service and administrative charges, may be non-refundable.
  • Non-Refundable Fees and Final Determinations: Luxuria reserves the right to designate certain fees as non-refundable, regardless of cancellation circumstances. Luxuria’s decision regarding refund eligibility and amounts is final and binding.

8.4 Use Restrictions and Prohibited Uses

  • Permitted Use: Properties booked through Luxuria may only be used for the purposes explicitly outlined in the booking agreement. Renters must adhere to property rules, capacity limits, and any additional restrictions specified by the Lister.
  • Prohibited Activities: The use of properties for illegal purposes, unauthorized events, or activities that contravene the agreed-upon booking terms is strictly forbidden. Examples of prohibited uses include but are not limited to:
    • Hosting events that exceed capacity limits.
    • Conducting activities that violate local laws or zoning regulations.
    • Damaging property or engaging in unsafe practices.
  • Enforcement and Penalties: Luxuria reserves the right to suspend, terminate, or restrict user accounts found in violation of this clause. Violators may also face additional financial penalties, including compensation for damages and legal expenses incurred by affected parties.
  • Liability Disclaimer: Luxuria is not responsible for monitoring or enforcing compliance with property use terms. All disputes, damages, or claims arising from prohibited uses must be resolved directly between the Lister and Renter.

8.5 Dispute Resolution

  • Primary Responsibility: All disputes related to bookings, including but not limited to cancellations, damages, and rule violations, must be resolved directly between the Lister and Renter. Luxuria provides tools to facilitate communication but does not mediate or arbitrate disputes.
  • Escalation Procedure: In the event that disputes cannot be resolved amicably, users may escalate the matter to external mediation, arbitration, or legal proceedings as necessary. Luxuria will not be a party to such proceedings.
  • No Luxuria Involvement: Users acknowledge and agree that Luxuria’s involvement is limited to facilitating transactions and providing communication tools. Luxuria assumes no liability for disputes or their outcomes.

8.6 Fee Transparency and Adjustments

  • Non-Transparent Fees: Luxuria reserves the right to modify its fee structure, including introducing, increasing, or removing fees, at its sole discretion and without prior notice. Users agree to pay all fees applicable at the time of booking, regardless of subsequent adjustments.
  • Binding Nature of Fees: All fees displayed during the booking process are binding and non-negotiable once the booking is confirmed. Luxuria is not obligated to disclose details about fee calculations or adjustments.

8.7 Force Majeure

  • Definition of Events: Force majeure events include but are not limited to natural disasters, power outages, government actions, public health emergencies, or technological failures that prevent or delay the fulfillment of bookings.
  • Luxuria’s Role: In the event of a force majeure occurrence, Luxuria will make reasonable efforts to notify affected users and mitigate disruptions. However, Luxuria is not liable for cancellations, delays, or losses caused by such events.

No Refund Obligations: Luxuria reserves the right to withhold refunds or compensation for bookings affected by force majeure events. Users are encouraged to obtain independent travel or event insurance to mitigate potential losses.

9. Cancellation and Refund Policies

9.1 Renter Cancellations

  • Timeframe for Cancellation and Refund Eligibility:
    • Full Refund Period: Renters are eligible for a full refund of their Booking fee if the cancellation occurs within an early cancellation window, as specified in Luxuria’s Cancellation Policy. This period typically allows cancellations more than X days prior to the Booking start date. The exact duration of this window is detailed in the individual Booking Agreement and the Platform’s applicable terms for each listing.
    • Partial Refund Period: If a Renter cancels closer to the Booking date but still within a mid-tier timeframe (e.g., X to Y days prior to the Booking start date), they may be eligible for a partial refund. This partial refund accounts for non-refundable service fees or administrative charges incurred during the booking process.
    • Non-Refundable Period: Bookings canceled within the final window (e.g., less than X days prior to the Booking start date) will not be eligible for any refund, as the payment is considered final. Renters are urged to confirm the cancellation policy specific to their Booking at the time of reservation.
  • Process for Cancellation Requests: All cancellation requests must be submitted through the Luxuria Platform using the designated cancellation feature. Any requests made through alternative means, including email, text, or direct contact with the Lister, will not be recognized as valid. Renters should verify the acknowledgment of their cancellation request on the Platform to ensure its processing.
  • Impact of Cancellation on Future Bookings: Frequent cancellations or cancellations made outside of Luxuria’s specified guidelines may lead to account review, warnings, or penalties. Renters who engage in repeated cancellations risk account suspension or reduced access to premium listings on the Platform.
  • Force Majeure Events: In rare circumstances where cancellations arise due to unforeseen and uncontrollable events, such as natural disasters, pandemics, or government-mandated restrictions, Luxuria may assess eligibility for exceptions on a case-by-case basis. Renters are required to provide verifiable documentation supporting their claim. Luxuria’s decision on such matters will be final.
  • Luxuria’s Limited Role: Luxuria acts solely as a facilitator of transactions and is not responsible for any dissatisfaction, disputes, or perceived unfairness arising from a Renter-initiated cancellation. All refund disputes must be resolved directly between the Renter and Lister. Luxuria assumes no liability for outcomes related to cancellations.

9.2 Lister Cancellations

  • Responsibility to Honor Bookings: Listers are contractually obligated to honor confirmed Bookings. A Lister-initiated cancellation disrupts the transaction and may lead to financial and reputational penalties as outlined in Luxuria’s Lister Policies.
  • Penalties for Cancellations:
    • Monetary Penalties: Listers who cancel confirmed Bookings may incur monetary penalties, including deductions from future payouts or fees assessed by Luxuria to compensate for platform disruption.
    • Account Restrictions: Repeated or egregious cancellations may result in temporary account suspension or permanent removal from the Platform. Luxuria reserves the right to determine the severity of penalties based on the frequency and timing of the cancellations.
    • Public Profile Impact: Listers who cancel Bookings may have the cancellation noted on their public profile, visible to potential Renters. This information is intended to ensure transparency and may negatively affect the Lister’s reputation.
  • Notification Requirements: Listers must provide immediate notice of cancellations through the Platform’s messaging system. Failure to notify the Renter promptly may result in additional penalties, including reimbursement of costs incurred by the Renter due to the last-minute nature of the cancellation.
  • Replacement Assistance for Renters: Luxuria may, at its discretion, assist Renters in finding an alternative property if a Lister cancels a Booking. However, this assistance is not guaranteed, and Luxuria assumes no obligation to compensate the Renter for inconvenience, additional expenses, or dissatisfaction arising from the cancellation.

9.3 Refund Process

  • Platform-Managed Refunds Only: Refunds must be processed exclusively through the Luxuria Platform to ensure compliance with transaction policies and record-keeping requirements. Renters and Listers are strictly prohibited from arranging refunds independently. Any attempts to do so may result in penalties, including account suspension.
  • Processing Timelines: Refunds are typically processed within 10-15 business days following the cancellation request, subject to the timelines and policies of the third-party payment processor. Luxuria is not liable for delays caused by payment processors, banking institutions, or other external entities.
  • Non-Refundable Fees: Certain fees, including but not limited to Luxuria’s Service Fee, administrative fees, and third-party processing charges, are non-refundable under all circumstances. These fees cover essential operational costs and are retained regardless of the cancellation reason.
  • Refund Disputes: In cases where the refund amount is contested, Luxuria may, at its sole discretion, mediate between the parties. However, the final determination of refund eligibility will adhere strictly to the applicable Cancellation Policy in effect at the time of the Booking.

9.4 No Luxuria Responsibility for Cancellation Outcomes

  • Independent Dispute Resolution: Luxuria does not assume responsibility for resolving disputes between Renters and Listers related to cancellations, refunds, or Booking dissatisfaction. Both parties are expected to act in good faith and comply with the agreed terms of their Booking Agreement.
  • Waiver of Claims Against Luxuria: Users expressly waive any claims, lawsuits, or demands against Luxuria for losses, inconveniences, or damages resulting from cancellations. Luxuria’s role is limited to facilitating transactions and providing a platform for communication.

9.5 Modifications to Policies

  • Right to Update Policies: Luxuria reserves the right to modify or update its Cancellation and Refund Policies at any time without prior notice. Updated policies will be posted on the Platform and will apply to Bookings confirmed after the effective date of the changes.
  • User Responsibility to Review Changes: It is the responsibility of all users to review the most current version of the Cancellation and Refund Policies prior to confirming a Booking. Continued use of the Platform constitutes acceptance of any revised policies.

9.6 Additional Conditions and Limitations

  • Cancellation for Rule Violations: Bookings may be canceled without refund if Renters are found to have violated the Platform’s rules, property guidelines, or the Booking Agreement. Similarly, Listers may face penalties for cancellations driven by improper listing practices or misrepresentation of their property.
  • Impact on Future Bookings: Users with a history of cancellations or refund disputes may be subject to increased scrutiny or limitations on their ability to participate in future transactions on the Platform.

9.7 Indemnification of Luxuria

User Agreement to Indemnify: Both Renters and Listers agree to indemnify and hold Luxuria harmless from any claims, damages, or liabilities arising from cancellations, refund disputes, or policy enforcement. This indemnification includes coverage for legal fees, administrative costs, and any penalties imposed by third parties.

10. Insurance Requirements

10.1 Lister Coverage

  • Mandatory Liability Insurance: All Listers are required to obtain and maintain adequate liability insurance for any property they list on the Luxuria Platform. This insurance must cover all foreseeable and unforeseeable risks associated with property rentals, including but not limited to personal injury, property damage, theft, vandalism, and accidents occurring during the rental period. Listers are responsible for ensuring that their insurance policies meet or exceed the minimum coverage standards required by their local, state, and federal laws.
  • Proof of Insurance Documentation: Listers must furnish proof of valid and current liability insurance upon request by Luxuria, a Renter, or any relevant authority. Failure to provide such documentation in a timely manner may result in penalties, including temporary or permanent suspension of the Lister’s account, removal of property listings, or termination of access to the Luxuria Platform.
  • Additional Coverage Encouraged: Listers are encouraged to seek supplemental insurance policies to address potential gaps in coverage, such as renter-caused damages exceeding policy limits, claims for loss of income due to property downtime, or coverage for high-risk activities. Such additional measures ensure comprehensive risk mitigation and protection for Listers.
  • Specific Risks Covered: Lister liability insurance must specifically cover, but is not limited to:
    • Damages caused by Renters or their guests during the Booking period.
    • Injuries or accidents sustained on the property, regardless of fault.
    • Legal costs associated with defending claims or lawsuits arising from property use.
    • Losses incurred due to negligent or intentional actions by Renters or their affiliates.

10.2 No Insurance Provided by Luxuria

  • Luxuria’s Limited Role: Luxuria operates solely as a marketplace and is not responsible for providing insurance coverage of any kind. Luxuria does not endorse, verify, or guarantee the sufficiency of insurance policies held by any User. It is solely the responsibility of each User to secure appropriate insurance to safeguard their interests.
  • No Claims Against Luxuria: Users agree to release Luxuria from any and all claims, liabilities, or disputes related to insurance coverage, including but not limited to inadequate coverage, policy exclusions, or denial of claims. All such issues must be resolved directly between the Lister, Renter, and their respective insurance providers.

10.3 Renter Insurance Obligations

  • Mandatory Insurance for Renters: Renters are required to maintain adequate liability insurance to cover damages or injuries caused by their use of the property. This includes damages to furniture, fixtures, appliances, or other structural components of the property, as well as any claims arising from injuries sustained by guests, subcontractors, or other parties invited to the property by the Renter.
  • Compliance with Lister Requirements: Renters must adhere to any specific insurance requirements imposed by the Lister, including obtaining event-specific insurance policies or meeting specified coverage limits. Failure to comply with such requirements may result in Booking cancellation or denial of property access.
  • Responsibility for Guests: Renters are also responsible for ensuring that any individuals invited to the property, including contractors, vendors, or attendees, adhere to all applicable insurance requirements and property rules.

10.4 Assumption of Risk

  • Acceptance of Inherent Risks: By participating in transactions on the Luxuria Platform, Users acknowledge and accept that property rentals inherently involve certain risks, including but not limited to property damage, accidents, theft, and disputes. Luxuria shall not be held responsible for mitigating or resolving such risks.
  • Indemnification of Luxuria: Users agree to indemnify and hold harmless Luxuria from any claims, losses, damages, or liabilities arising from insurance-related disputes or incidents occurring during a Booking. This includes any legal expenses incurred by Luxuria as a result of defending such claims.

10.5 Handling Claims and Disputes

  • Direct Resolution Required: Users are solely responsible for addressing and resolving any claims or disputes arising from incidents occurring on the property. This includes filing claims with their insurance providers, negotiating settlements, and bearing any associated legal costs. Luxuria will not mediate or intervene in such matters under any circumstances.
  • Good Faith Effort: Users are expected to act in good faith and in accordance with the terms of their insurance policies when resolving disputes. Failure to do so may result in penalties, including account suspension, removal of property listings, or permanent account termination.

10.6 Luxuria’s Exemption from Liability

  • No Responsibility for Losses: Luxuria expressly disclaims any liability for losses, damages, or claims resulting from inadequate insurance coverage, failure to maintain required policies, or denial of claims by third-party insurers. Luxuria’s role is limited to facilitating connections between Renters and Listers and does not extend to managing or enforcing insurance-related obligations.
  • Waiver of Legal Action: Users waive the right to pursue legal action against Luxuria for any insurance-related matters, including but not limited to gaps in coverage, policy exclusions, or disputes over liability. Luxuria’s liability is strictly limited to providing the Platform as outlined in these Terms.

10.7 Recommendations for Comprehensive Coverage

  • Consultation with Professionals: Luxuria strongly advises Users to consult with licensed insurance agents or brokers to ensure their policies meet the specific needs of short-term property rentals. This includes verifying policy exclusions, coverage limits, and other relevant terms.
  • Supplemental Insurance Options: Users are encouraged to consider supplemental insurance policies, such as event-specific insurance, umbrella liability coverage, or additional riders tailored to high-risk activities.
  • Periodic Review of Policies: Users should periodically review and update their insurance policies to reflect changes in property use, local regulations, or market conditions.

10.8 Changes to Insurance Requirements

  • Luxuria’s Right to Amend Policies: Luxuria reserves the right to modify its insurance requirements at any time without prior notice. Any changes will be communicated through updates to these Terms and/or direct notifications on the Platform.
  • Obligation to Comply: Users are responsible for reviewing and adhering to updated insurance requirements as a condition of continued use of the Luxuria Platform. Failure to comply may result in penalties or termination of access to the Platform.

10.9 Comprehensive Liability Waiver

  • Full Exemption for Luxuria: Users agree that Luxuria shall bear no responsibility for any legal, financial, or reputational consequences arising from insurance-related matters. This includes but is not limited to claims, disputes, or incidents resulting from Users’ failure to maintain adequate insurance coverage.

Acknowledgment of Terms: By using the Platform, Users explicitly acknowledge and accept that Luxuria is exempt from any and all liability related to insurance and that any disputes must be resolved directly between the Renter, Lister, and their insurance providers.

11. Liability and Indemnification

11.1 No Liability

  • Platform as a Neutral Venue: Luxuria operates solely as a neutral and passive platform to facilitate the introduction and connection between Renters and Listers. Luxuria is neither a party to any agreements between Users nor involved in any transactions conducted through the Platform. Under no circumstances shall Luxuria be deemed liable for disputes, damages, injuries, losses, inconveniences, or disruptions resulting from or related to the use of properties or services listed on the Platform. Luxuria’s role is limited to providing the technological infrastructure to connect parties, and it explicitly disclaims any liability for outcomes arising from such connections.
  • Independent Agreements Between Parties: All rental transactions, agreements, arrangements, and understandings are independently negotiated and executed between Renters and Listers. Luxuria does not participate in, supervise, or enforce these agreements, nor does it provide guarantees regarding their terms, fulfillment, or enforcement. Any disputes or conflicts that arise in connection with these agreements are solely the responsibility of the involved parties. Luxuria shall not intervene in any such matters.
  • No Oversight or Guarantees: Luxuria does not verify, inspect, or guarantee the safety, quality, legality, suitability, compliance, or accuracy of properties, listings, or representations made by Users. Luxuria disclaims any liability for misrepresentation, fraudulent claims, or inaccuracies presented in listings or communications conducted through the Platform. Any issues stemming from these matters are strictly between the Renter and the Lister, and Luxuria is entirely exempt from liability in all circumstances.
  • Assumption of Risk: By using the Platform, Users expressly acknowledge and accept that renting properties involves inherent risks, including but not limited to property damage, personal injury, theft, legal disputes, and unexpected disruptions. Luxuria shall not be held liable for any outcomes resulting from these risks, regardless of whether they were foreseeable or unforeseeable.
  • No Legal or Financial Responsibility: Luxuria explicitly disclaims any legal or financial responsibility for incidents occurring on, involving, or related to properties listed on the Platform. This includes, but is not limited to, physical injuries, accidents, theft, property damage, breaches of contract, disputes over payments, cancellations, or claims of misrepresentation. Luxuria is exempt from all liability regardless of the circumstances.

11.2 Indemnification

  • Obligation to Protect Luxuria: Users agree to indemnify, defend, and hold Luxuria and its affiliates, officers, directors, employees, agents, contractors, and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, expenses, or costs (including reasonable legal fees and court costs) arising out of or related to:
    • The User’s use, misuse, or inability to use the Platform.
    • Violations of these Terms, any applicable laws, or third-party rights, including intellectual property rights.
    • Disputes between Renters and Listers, including but not limited to those involving cancellations, refunds, property damage, breaches of agreement, or misrepresentation.
    • Injuries, damages, or accidents occurring on, around, or involving properties listed on the Platform.
    • Any false, misleading, or inaccurate information provided by the User during account registration, listing creation, or communications conducted through the Platform.
    • Any third-party claims arising from the User’s negligence, misconduct, or failure to fulfill obligations.
  • Broad Scope of Indemnification: This indemnification obligation is intentionally broad and applies to all claims, whether foreseeable or unforeseeable, regardless of whether they arise from negligence, intentional misconduct, or other actions or omissions by the User or any third party.

11.3 Release of Claims Against Luxuria

  • No Claims Permitted: Users agree to irrevocably release, discharge, and waive any and all claims, demands, actions, causes of action, or rights to recover damages against Luxuria, its affiliates, officers, directors, employees, agents, contractors, or representatives, arising from or related to their use of the Platform. This waiver extends to claims for:
    • Property damages or defects.
    • Physical or personal injuries and accidents.
    • Financial losses, business interruptions, or missed opportunities.
    • Misrepresentation or non-compliance by other Users or third parties.
  • Binding Arbitration: In the event of disputes involving Luxuria, Users agree to resolve such disputes exclusively through binding arbitration conducted in accordance with the arbitration provisions outlined in these Terms. This arbitration agreement supersedes all other remedies and precludes Users from pursuing litigation or other dispute resolution processes.

11.4 Exclusion of Warranties

  • Platform Provided “As Is”: Luxuria provides its Platform, services, and features on an “as is” and “as available” basis, without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or suitability for specific outcomes. Luxuria does not guarantee uninterrupted or error-free operation of the Platform.
  • No Guarantees for Listings or Users: Luxuria makes no representations, warranties, or guarantees regarding the accuracy, reliability, quality, legality, or suitability of any property listings, User conduct, or communications facilitated through the Platform. Users assume full responsibility for verifying the suitability of properties and the reliability of other Users.

11.5 Limitations of Liability

  • Maximum Liability Cap: In no event shall Luxuria’s total aggregate liability to any User exceed the total amount of fees collected by Luxuria from that User in the six-month period immediately preceding the claim.
  • Exclusion of Indirect Damages: Luxuria shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of profits, business interruptions, reputational harm, emotional distress, or legal fees incurred.
  • Applicability of Limitations: These limitations of liability apply to all claims, whether based on contract, tort, negligence, strict liability, or any other legal or equitable theory, regardless of whether Luxuria was advised of the possibility of such damages.

11.6 Third-Party Actions and Consequences

  • No Responsibility for Third-Party Conduct: Luxuria disclaims all responsibility and liability for the actions, omissions, or representations of third parties, including but not limited to other Users, service providers, insurance providers, or law enforcement authorities.
  • Independent Legal Obligations: Users are solely responsible for understanding and complying with their legal obligations, including liability insurance requirements, local permitting laws, and contractual agreements. Luxuria does not provide legal or regulatory advice and shall not be held liable for a User’s failure to comply with such obligations.

11.7 Comprehensive Risk Mitigation

  • Encouragement of Additional Safeguards: Users are strongly encouraged to adopt additional safeguards, such as performing background checks, obtaining comprehensive insurance coverage, and drafting detailed Booking Agreements, to mitigate risks and protect their interests.

User Responsibility for Outcomes: Users acknowledge that Luxuria is not responsible for the outcomes of their interactions, agreements, or transactions on the Platform. Users bear full responsibility for managing, mitigating, and accepting the risks associated with such activities.

12. Prohibited Activities

To ensure a safe, trustworthy, and legally compliant environment for all Users of the Luxuria Platform, the following activities are strictly prohibited. Users who engage in any of the listed activities or similar conduct that violates the spirit of these Terms may face immediate suspension or termination of their account, as well as potential legal action. Luxuria reserves the right to investigate, identify, and act against any prohibited activities at its sole discretion.

12.1 Circumventing the Platform’s Payment System

  • Users may not attempt to avoid or bypass Luxuria’s payment systems by conducting transactions or negotiations outside of the Platform. This includes, but is not limited to:
    • Directly contacting other Users to complete payments or bookings off-platform.
    • Sharing personal contact information (e.g., email addresses, phone numbers, social media accounts) with the intent of finalizing transactions outside of the Platform.
    • Providing false payment details or requesting alternative payment methods that bypass the Platform’s authorized payment processors.
  • Luxuria reserves the right to monitor communications and transactions to prevent circumvention of its payment system. Any violation may result in account suspension, financial penalties, and reporting to relevant authorities.

12.2 Posting False, Misleading, or Deceptive Information

  • Users must ensure that all information provided on the Platform, including property listings, user profiles, reviews, and communication with other Users, is truthful, accurate, and not intended to mislead. Prohibited behaviors include:
    • Posting inaccurate descriptions, photographs, or pricing for properties or services.
    • Providing fabricated or falsified credentials, permits, or qualifications.
    • Leaving fraudulent reviews, ratings, or feedback intended to harm competitors or deceive other Users.
  • Luxuria shall not be liable for disputes or damages resulting from reliance on false or misleading information provided by Users. Violators may face account termination and legal action.

12.3 Engaging in Harassment, Threats, or Unlawful Conduct

  • Users are expected to conduct themselves respectfully and lawfully when interacting with others on the Platform. The following behaviors are strictly prohibited:
    • Harassment, abuse, or intimidation of other Users through messages, reviews, or any form of communication facilitated by the Platform.
    • Discrimination based on race, gender, religion, national origin, sexual orientation, disability, or other protected characteristics.
    • Threats of violence, defamation, or actions intended to harm the reputation, safety, or well-being of others.
    • Engaging in activities that violate local, state, federal, or international laws, including but not limited to fraud, theft, or illegal substance use.
  • Luxuria may report any unlawful conduct to law enforcement or other relevant authorities as deemed necessary.

12.4 Misuse of the Platform and Its Features

  • The Platform and its features are intended solely for their designated purposes. Users may not engage in the following:
    • Accessing, scraping, or extracting data or content from the Platform using automated tools, bots, or unauthorized software.
    • Introducing malware, viruses, or harmful code to the Platform.
    • Hacking, tampering with, or otherwise attempting to interfere with the security or functionality of the Platform.
    • Using the Platform to promote unrelated products, services, or events through spam, advertisements, or unauthorized solicitations.

12.5 Unauthorized Use of Intellectual Property

  • Users may not infringe upon Luxuria’s intellectual property rights or those of other Users, including but not limited to:
    • Reproducing, copying, or redistributing content, trademarks, or copyrighted materials without proper authorization.
    • Using Luxuria’s logo, name, or branding in a way that implies endorsement or affiliation without written permission.
    • Posting content on the Platform that infringes on the copyrights, trademarks, or intellectual property of third parties.

12.6 Facilitating or Enabling Prohibited Activities

  • Users may not facilitate or assist others in engaging in activities that violate these Terms. Examples include:
    • Allowing third parties to access the Platform using the User’s account for prohibited purposes.
    • Acting as an intermediary to enable circumvention of Luxuria’s payment system or other rules.
    • Knowingly accepting fraudulent or unlawful bookings.

12.7 Violations of Property Rules or Booking Agreements

  • Renters must adhere to all rules, restrictions, and guidelines outlined in the Booking Agreement or specified by the Lister. Prohibited activities include, but are not limited to:
    • Exceeding the agreed occupancy limits or duration of the rental.
    • Engaging in activities not permitted by the Lister, such as hosting unauthorized events or using the property for illegal purposes.
    • Causing intentional damage to the property or leaving it in an unsatisfactory condition.

12.8 Non-Compliance with Insurance and Liability Requirements

  • Users must comply with all insurance and liability requirements outlined in these Terms, including:
    • Maintaining appropriate liability coverage as required for Listers.
    • Acknowledging that Luxuria is not responsible for damages, injuries, or disputes arising from property use.
    • Ensuring that all claims or disputes are resolved directly between the involved parties without implicating Luxuria.

12.9 Reporting and Enforcement

  • Users are encouraged to report any suspected violations of these Terms to Luxuria’s support team. Reports may be submitted through the designated support channels provided on the Platform.
  • Luxuria reserves the right to investigate reported violations and take appropriate action, which may include:
    • Temporarily or permanently suspending accounts.
    • Removing or editing content that violates these Terms.
    • Pursuing legal remedies against violators as necessary.

12.10 Final Authority

  • Luxuria retains sole and final authority to interpret and enforce these Terms. Users acknowledge that Luxuria may take action against prohibited activities at its discretion and is not required to provide justification or prior notice for such actions.

13. Privacy and Data Security

Luxuria prioritizes the responsible collection, use, and protection of User data while emphasizing transparency about its privacy practices. However, Users acknowledge and accept that Luxuria does not assume liability for issues arising from data breaches, unauthorized access, or misuse of personal information, whether foreseen or unforeseen. Luxuria’s role is limited to providing the Platform and implementing reasonable measures to secure data, but it cannot and does not guarantee absolute data privacy or security.

13.1 Collection and Use of User Data

  • Transparency in Data Collection: Luxuria collects personal and non-personal data as outlined in its Privacy Policy, including but not limited to:
    • Personal identification information (e.g., name, email, phone number).
    • Financial details necessary for payment processing (e.g., credit card information).
    • Usage data such as browsing activity, search history, and device information.
    • Geolocation data, if enabled, to enhance service offerings and match Users with nearby listings.
  • Purpose of Data Use: Collected data is used for purposes including but not limited to:
    • Facilitating account creation, property bookings, and payment transactions.
    • Enhancing User experience by personalizing recommendations and streamlining interactions.
    • Communicating important updates, promotional materials, or policy changes.
    • Ensuring compliance with legal obligations, fraud prevention, and dispute resolution.
  • Third-Party Sharing: Luxuria may share User data with authorized third parties, including payment processors, service providers, and law enforcement agencies where required. Luxuria is not responsible for third-party handling of data.

13.2 Security Protocols and Limitations

  • Implemented Security Measures: Luxuria employs industry-standard security measures to protect User data, including:
    • Encryption of sensitive information during transmission and storage.
    • Secure server environments to prevent unauthorized access.
    • Regular audits and updates to security protocols to address evolving threats.
    • Authentication mechanisms, such as multi-factor authentication, to enhance account security.
  • Limitations of Security Guarantees: Despite these measures, Luxuria cannot and does not guarantee complete protection against:
    • Unauthorized access due to hacking, phishing, or other cyber-attacks.
    • Data loss or corruption resulting from hardware failures, natural disasters, or other uncontrollable events.
    • Misuse of credentials or devices by Users or third parties.

13.3 User Responsibilities for Data Security

  • Safeguarding Credentials: Users are solely responsible for securing their account credentials, including maintaining confidentiality and using strong, unique passwords.
  • Device and Network Security: Users must ensure the security of their devices and networks when accessing the Platform, including the use of antivirus software and avoiding public or unsecured Wi-Fi networks.
  • Reporting Incidents: Users are required to immediately report any suspected unauthorized access, breaches, or misuse of their accounts to Luxuria’s support team.

13.4 Privacy Policy and User Consent

  • Acknowledgment of Privacy Policy: By using the Platform, Users acknowledge and agree to Luxuria’s Privacy Policy, which is subject to change at any time without prior notice. Continued use of the Platform constitutes acceptance of the revised Privacy Policy.
  • Data Collection Consent: Users consent to Luxuria’s collection, storage, and use of data, as outlined in these Terms and the Privacy Policy, and agree that Luxuria is not liable for any consequences arising from User-provided information.

13.5 Data Retention and Deletion

  • Retention Periods: Luxuria retains User data for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, or enforce agreements.
  • Deletion Requests: Users may request the deletion of their data by contacting Luxuria’s support team. Luxuria will make reasonable efforts to honor such requests, subject to legal or operational constraints.

13.6 Third-Party Integrations and External Links

  • Third-Party Tools: The Platform may integrate third-party tools, services, or APIs. Users acknowledge that Luxuria is not responsible for the privacy practices or security measures of these third parties.
  • External Links: The Platform may contain links to external websites or resources. Luxuria does not endorse or assume responsibility for the privacy policies, content, or security of external websites.

13.7 Liability Exemptions

  • No Liability for Data Breaches: Luxuria is exempt from liability for any data breaches, unauthorized access, or misuse of User data, regardless of the cause or scope of the incident.
  • No Liability for Unforeseen Issues: Luxuria is not responsible for unforeseen consequences arising from data storage, sharing, or processing, including legal, financial, or reputational damages.
  • Disputes Between Users: Luxuria is not liable for privacy disputes or data-related issues arising between Users of the Platform.

13.8 Governing Laws and Jurisdiction

  • Compliance with Laws: Luxuria operates in accordance with applicable data protection laws and regulations but is not responsible for User non-compliance with their local or regional privacy laws.
  • Jurisdictional Limitations: Users agree that any disputes related to privacy or data security are subject to the governing laws and jurisdiction specified in these Terms.

13.9 Final Authority on Privacy and Data Security
Luxuria reserves the right to update, modify, or revise its privacy and security practices at its sole discretion. Users are encouraged to regularly review the Terms and Privacy Policy for updates. Luxuria assumes no responsibility for notifying Users of such changes beyond publishing them on the Platform.

14. Dispute Resolution

Luxuria values the efficient and amicable resolution of disputes to maintain a seamless experience for all Platform Users. By using Luxuria, Users agree to resolve any and all disputes, claims, or controversies exclusively through binding arbitration as described below. Users expressly waive their rights to litigation, class action participation, and any other means of legal recourse outside the prescribed arbitration process. This section applies to all disputes arising out of or relating to the Platform, these Terms, or any associated agreements, regardless of the nature or scope of the claim.

14.1 Mandatory Arbitration

  • Exclusive Resolution Mechanism: Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, any associated agreements, or the relationship between the User and Luxuria shall be resolved exclusively through binding arbitration. This includes but is not limited to:
    • Disputes regarding the interpretation, application, or enforceability of these Terms.
    • Claims arising from transactions, communications, or interactions between Renters and Listers.
    • Claims alleging negligence, breach of contract, fraud, misrepresentation, or any other tort.
  • Arbitration Rules and Venue: Arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration body. The arbitration shall take place in a location chosen by Luxuria or conducted remotely, at Luxuria’s discretion.
  • Arbitrator’s Authority: The arbitrator shall have exclusive authority to resolve all disputes, including questions of arbitrability and the scope of this arbitration agreement. The arbitrator’s decision shall be final, binding, and enforceable in any court of competent jurisdiction.
  • Costs of Arbitration: Each party shall bear its own legal fees and costs associated with arbitration unless otherwise ordered by the arbitrator.

14.2 Waiver of Jury Trials and Court Proceedings

  • No Right to Sue in Court: Users waive their right to initiate or participate in any legal proceeding in a court of law, including jury trials, related to any dispute arising from these Terms or the use of the Platform.
  • Binding Nature of Arbitration: By agreeing to these Terms, Users accept that arbitration is the sole and exclusive method of resolving disputes and that Luxuria shall not be subject to litigation in any court of law.

14.3 Class Action Waiver

  • Individualized Proceedings: Users agree to resolve disputes solely on an individual basis. Users waive any right to:
    • Participate in class or collective actions.
    • Act as a representative or member of a class, group, or collective in any proceeding.
  • Prohibition of Consolidated Claims: Claims brought by multiple Users may not be consolidated or heard together in a single arbitration proceeding.

14.4 Exceptions to Arbitration

  • Small Claims Court: Users may bring individual claims in small claims court if the claim falls within the jurisdictional limits and does not involve a collective action.
  • Injunctive Relief: Luxuria reserves the right to seek injunctive or equitable relief in a court of law to protect its intellectual property, trade secrets, or confidential information.

14.5 User Acknowledgments and Waivers

  • Acknowledgment of Arbitration Agreement: By creating an account or using the Platform, Users explicitly acknowledge that they have read, understood, and agreed to this arbitration agreement.
  • Waiver of Rights: Users waive all rights to sue Luxuria or participate in any form of group legal action. This waiver includes but is not limited to:
    • Actions seeking damages for alleged breaches of these Terms.
    • Claims against Luxuria for any dispute arising between Renters and Listers.
  • No Unconscionability: Users agree that this arbitration agreement is fair, reasonable, and not unconscionable.

14.6 Governing Laws and Jurisdiction

  • Applicable Law: This arbitration agreement shall be governed by and construed in accordance with the laws of the jurisdiction specified by Luxuria, without regard to its conflict of law principles.
  • Enforceability: If any part of this arbitration agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.

14.7 Finality of Arbitration and No Appeals

  • Binding Nature: The arbitrator’s decision shall be binding and final.
  • No Right of Appeal: Users expressly waive the right to appeal or challenge the arbitrator’s decision in any court or tribunal.

14.8 Survival of Arbitration Agreement
This arbitration agreement shall survive the termination of these Terms, the closure of User accounts, and the cessation of the use of the Platform.

14.9 Luxuria’s Final Authority
Luxuria reserves the right to interpret, amend, or enforce this arbitration agreement in its sole discretion. Users are encouraged to regularly review these Terms for updates.

15. Governing Law and Jurisdiction

Luxuria is committed to providing clarity and certainty regarding the legal framework under which these Terms and the use of the Platform operate. By using the Platform, Users expressly agree that any legal matter arising from these Terms shall be governed by the laws specified below. Luxuria assumes no responsibility for disputes outside the outlined jurisdiction or arising under other legal frameworks.

15.1 Applicable Law

  • United States Jurisdiction: These Terms and any disputes, claims, or controversies arising from or relating to the Platform, the relationship between Users and Luxuria, or these Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of laws principles.
  • State-Level Applicability: For disputes requiring state-specific laws, the state governing jurisdiction shall be determined by Luxuria based on its principal place of business or another state Luxuria designates at its discretion.

15.2 Exclusive Jurisdiction

  • Venue Selection: Users agree that any legal proceedings that are not subject to arbitration under Section 14 shall be brought exclusively in the state and federal courts located in the state designated by Luxuria.
  • User Consent to Jurisdiction: By agreeing to these Terms, Users consent to the personal jurisdiction of the specified courts and waive any objections to such jurisdiction or venue.

15.3 Waiver of International Jurisdiction

  • No International Claims: Luxuria operates exclusively under the jurisdiction of the United States. Users waive the right to bring claims under international laws or in international courts.
  • Cross-Border Issues: If a User accesses the Platform from outside the United States, they agree to comply with all local laws but acknowledge that these Terms are governed solely by U.S. laws and jurisdiction.

15.4 No Conflicts with Local Laws

  • Preemption by Governing Law: If any provision of these Terms conflicts with applicable U.S. federal or state law, the applicable law shall prevail, and the conflicting provision shall be deemed modified to conform to the law while preserving the original intent of these Terms.
  • Severability of Conflicting Provisions: If any provision cannot be reconciled with the governing law, it shall be severed, and the remainder of these Terms shall remain in full force and effect.

15.5 Limitation of User Rights

  • No User-Determined Jurisdiction: Users may not select alternative jurisdictions or legal frameworks to challenge these Terms or Luxuria’s operations.
  • Preclusion of Non-Specified Legal Action: Any legal action initiated outside the designated jurisdiction shall be deemed invalid and dismissed.

15.6 Luxuria’s Legal Protections

  • Luxuria’s Sole Discretion: Luxuria reserves the right to interpret, apply, and enforce this section as necessary to protect its interests, rights, and business operations.
  • Indemnification Against Non-Compliance: Users agree to indemnify Luxuria against any claims arising from their failure to adhere to the governing law and jurisdiction requirements specified in this section.

15.7 Governing Law for Arbitration
In accordance with Section 14, arbitration proceedings shall also be governed by the laws of the United States and conducted within the jurisdiction designated by Luxuria. The arbitrator shall apply the governing laws outlined herein to resolve disputes.

15.8 Updates to Governing Law and Jurisdiction

  • Amendments by Luxuria: Luxuria reserves the right to update or amend this section to reflect changes in its principal place of business, applicable laws, or business operations.
  • User Acknowledgment of Changes: Users acknowledge that their continued use of the Platform constitutes acceptance of any updates or amendments to this section.

15.9 Survival of Governing Law and Jurisdiction Clause
This section shall survive the termination of these Terms, the closure of User accounts, and the cessation of Platform operations. Users agree that these provisions remain enforceable regardless of any changes to the Platform or their relationship with Luxuria.

15.10 Final Authority of Luxuria
Luxuria retains the sole authority to determine the governing laws, jurisdiction, and venue for any disputes arising from these Terms or the use of the Platform. Users waive any rights to challenge Luxuria’s determination or its application of this section.

16. Modifications to Terms

Luxuria reserves the right to modify, amend, update, or replace these Terms and any supplemental agreements associated with the Platform at its sole discretion. By using the Platform, Users agree to be bound by the most current version of these Terms, regardless of whether they have been directly notified of such changes. Luxuria’s ability to revise these Terms ensures flexibility in adapting to evolving legal, technological, and business environments while protecting its interests.

16.1 Authority to Modify

  • Unilateral Right: Luxuria maintains the absolute and unilateral right to modify any part of these Terms, including but not limited to sections concerning fees, obligations, dispute resolution, and governing law, without requiring prior consent from Users.
  • Comprehensive Changes: Modifications may include additions, deletions, or substitutions to any part of these Terms to address new legal or operational requirements, improve clarity, or protect Luxuria’s interests.
  • Broad Applicability: Changes to these Terms apply to all Users, whether current or prospective, and extend to any and all interactions with the Platform.

16.2 Notification of Changes

  • No Obligation to Notify: Luxuria is under no obligation to provide advance notice to Users regarding changes to these Terms. Updates may be communicated via Platform notifications, email, or by posting the revised Terms on the Platform at Luxuria’s sole discretion.
  • User Responsibility: Users are solely responsible for reviewing these Terms regularly to stay informed about changes. Continued use of the Platform signifies acceptance of the most current version of the Terms.
  • Implied Agreement: By maintaining an account or continuing to use the Platform after modifications, Users expressly agree to be bound by the revised Terms.

16.3 No Legal Recourse Against Modifications

  • Waiver of Rights: Users acknowledge and agree that they waive any right to challenge or dispute modifications to these Terms, whether foreseeable or unforeseen. Luxuria is exempt from liability for any claims arising from changes to the Terms.
  • Binding Nature: Any modifications to these Terms are binding and enforceable from the date of their implementation, regardless of whether Users are explicitly notified.

16.4 Retroactive Application of Changes

  • Applicability to Ongoing Use: Modifications may apply retroactively to actions, transactions, or agreements entered into prior to the revision date, provided such retroactive application does not violate applicable laws.
  • Legality of Retroactivity: Users agree that Luxuria’s modifications are legally valid and enforceable under the laws of the United States, as outlined in Section 15 (Governing Law and Jurisdiction).

16.5 Protection Against Unforeseen Circumstances

  • Evolving Legal Standards: Luxuria reserves the right to modify these Terms in response to changes in applicable laws, regulations, or legal interpretations. Users agree to comply with such changes without recourse.
  • Future Business Developments: Luxuria may revise these Terms to accommodate new features, technologies, partnerships, or operational models. Users accept these modifications as a condition of using the Platform.

16.6 Restrictions on User Objections

  • No User-Initiated Modifications: Users may not propose, demand, or enforce changes to these Terms. Luxuria retains sole discretion over their content and applicability.
  • Preclusion of Legal Challenges: Users waive the right to initiate legal proceedings or arbitration to contest modifications to these Terms.

16.7 Record of Changes

  • Version Control: Luxuria may maintain a record of previous versions of these Terms for reference purposes but is not obligated to provide such records to Users.
  • Superseding Terms: The most current version of these Terms supersedes all prior agreements, terms, and communications.

16.8 Finality of Modifications

  • Irrevocability: Once implemented, modifications to these Terms are final and non-negotiable. Users are deemed to have accepted such modifications as a condition of continued access to the Platform.
  • Termination of Access: Users who do not agree to revised Terms must discontinue use of the Platform and terminate their accounts. Continued use constitutes irrevocable acceptance of the modified Terms.

16.9 Luxuria’s Absolute Discretion
Luxuria retains the absolute discretion to determine the necessity, timing, and scope of modifications to these Terms. Users agree that Luxuria’s decisions regarding modifications are final, binding, and beyond dispute.

17. Miscellaneous

This section addresses additional provisions to ensure the enforceability and comprehensive scope of these Terms. Luxuria aims to address both foreseeable and unforeseeable circumstances, safeguarding the company’s interests and precluding any form of legal action against it. The provisions below have been carefully crafted to provide extensive coverage and legal protection while maintaining clarity and enforceability.

17.1 Entire Agreement

  • Comprehensive Nature: These Terms, along with the Privacy Policy, Booking Agreements, and any supplemental agreements posted on the Platform, collectively constitute the entire agreement between Users and Luxuria.
  • Supersession of Prior Agreements: These Terms replace and nullify all prior agreements, understandings, or representations, whether written or verbal, regarding the subject matter.
  • No Additional Terms: Users acknowledge that no additional terms, representations, or agreements outside those explicitly stated within these Terms are binding or enforceable.
  • Acknowledgment of Terms: By accessing or using the Platform, Users confirm their understanding and agreement to abide by all provisions in these Terms, without exception.
  • Contractual Supremacy: These Terms shall supersede any conflicting terms in other documents, communications, or agreements.

17.2 Severability

  • Validity of Remaining Provisions: If any provision of these Terms is determined to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
  • Preservation of Intent: The invalid provision will be replaced or reinterpreted to closely align with the original intent of the Terms, while preserving its enforceability to the maximum extent permitted by law.
  • Non-Impact on Overall Agreement: The invalidation of a single provision does not affect the enforceability or validity of the remaining Terms.
  • Redrafting for Clarity: Luxuria reserves the right to revise invalid provisions to align with legal standards while retaining their original intent.

17.3 Non-Waiver of Rights

  • No Implicit Waivers: Luxuria’s failure to enforce any provision or exercise any right under these Terms does not constitute a waiver of such provision or right.
  • Continuous Enforceability: Any waiver of rights or provisions must be explicitly stated in writing and signed by an authorized representative of Luxuria.
  • Reservation of Rights: Luxuria explicitly reserves all rights not exercised, ensuring no implied loss or relinquishment of any authority or entitlement.

17.4 Assignment

  • Luxuria’s Right to Assign: Luxuria reserves the right to assign or transfer its rights and obligations under these Terms without User consent.
  • Prohibition Against User Assignment: Users may not assign or transfer their rights or obligations under these Terms to any third party without prior written approval from Luxuria.
  • Binding on Successors: These Terms are binding upon and inure to the benefit of the parties and their permitted successors and assigns.
  • Automatic Transfer in Acquisition: In the event of a merger, acquisition, or sale, Users agree that their rights and obligations under these Terms will automatically transfer to the new entity.

17.5 No Third-Party Beneficiaries

  • Exclusive Agreement: These Terms are solely for the benefit of Luxuria and its Users.
  • Exclusion of Third Parties: No other individual or entity, including third-party service providers or affiliates, has rights under or may enforce any provisions of these Terms.
  • Limitations on Claims: Any claims related to the Platform must be brought exclusively by authorized Users.

17.6 Force Majeure

  • Unforeseeable Circumstances: Luxuria is not liable for delays, failures, or interruptions caused by events beyond its reasonable control, including but not limited to natural disasters, governmental actions, labor strikes, technical failures, or acts of terrorism.
  • Suspension of Obligations: In the event of force majeure, Luxuria’s obligations under these Terms are temporarily suspended for the duration of the event.
  • Notification of Force Majeure: Luxuria will make reasonable efforts to notify affected Users of force majeure events and the anticipated impact on services.
  • Mitigation Efforts: Luxuria reserves the right to implement temporary measures or solutions to mitigate the effects of force majeure events.

17.7 No Legal Recourse Against Luxuria

  • Waiver of Legal Action: Users agree that no legal action may be taken against Luxuria for any reason, including but not limited to disputes, cancellations, damages, or unforeseen circumstances.
  • Binding Nature of Agreement: Users accept these Terms as an unconditional agreement to forego any claims, lawsuits, or arbitration against Luxuria.
  • Liability Disclaimer: Luxuria’s liability for all circumstances, whether foreseen or unforeseen, is explicitly disclaimed in full.

17.8 Governing Language

  • English Version Prevails: These Terms are drafted in English, which shall be the governing language. In the event of discrepancies between translations, the English version prevails.
  • User Responsibility for Translation: Users relying on translations are responsible for ensuring their accuracy and understanding.

17.9 No Guarantees or Warranties

  • Platform Availability: Luxuria does not guarantee uninterrupted access to the Platform. Temporary disruptions may occur due to maintenance, technical failures, or unforeseen circumstances.
  • Disclaimer of Liability: Luxuria disclaims all warranties, whether express or implied, related to the accuracy, functionality, or suitability of the Platform for any specific purpose.
  • User Assumption of Risk: Users acknowledge and accept all risks associated with accessing or using the Platform, including but not limited to technical disruptions or loss of data.

17.10 Survival of Provisions

  • Continuing Obligations: Provisions relating to indemnification, liability, governing law, dispute resolution, and any other clauses intended to survive termination will remain in effect indefinitely.
  • Applicability Post-Termination: All obligations and restrictions outlined in these Terms shall apply even after User accounts are terminated.

17.11 Amendments

  • Luxuria’s Right to Amend: Luxuria reserves the right to modify or amend this Miscellaneous section at any time without prior notice.
  • Binding Effect: Amendments are binding upon Users upon publication on the Platform.
  • Periodic Review Encouraged: Users are encouraged to review the Terms periodically to stay informed of changes.

17.12 Reservation of Rights

  • Extensive Rights Retained: Luxuria reserves all rights not expressly granted under these Terms. Users acknowledge that Luxuria’s rights are extensive and absolute, ensuring comprehensive protection against legal, operational, or reputational risks.
  • Right to Refuse Service: Luxuria reserves the right to refuse service, terminate accounts, or restrict access to the Platform at its sole discretion.

17.13 Cookies and Tracking Technologies

  • Data Collection: Luxuria utilizes cookies, pixel tags, and other tracking technologies to improve User experience and gather analytics.
  • User Consent: By accessing the Platform, Users consent to these practices as outlined in the Privacy Policy.
  • Adjustments: Users may modify browser settings to limit or disable tracking, understanding this may impair certain Platform functions.

17.14 Fraud Prevention

  • Monitoring Practices: Luxuria reserves the right to monitor activity on the Platform to detect fraudulent or suspicious activity.
  • Action Against Fraud: Accounts engaging in fraudulent behavior will be suspended or terminated immediately, at Luxuria’s sole discretion.

17.15 Export Controls and Sanctions

  • Compliance Requirement: Users agree not to access or use the Platform in violation of export controls or sanctions regulations.
  • Termination for Non-Compliance: Luxuria reserves the right to terminate accounts involved in such violations.

17.16 Entire Agreement Confirmation

Acknowledgment of Agreement: By using the Platform, Users affirm their understanding and acceptance of all provisions within these Terms, constituting a legally binding agreement.