Last Updated: March 2018
Luxury Worldwide LLC (hereinafter referred to as “Luxury Worldwide”, “LW”, “We”, “Us”, or “Our”) provides an online platform or marketplace that connects our Guests to rooms and other services described herein (collectively, the “Services”).
These Services can be viewed at https://www.luxuryww.com and on other websites through which LW offers these Services (collectively, the “Site”). By using the Site, you agree to comply with and be legally bound by our Terms of Service (“Terms”), regardless of whether you have made a Booking through these Services.
We may revise or modify these Terms at any time by updating this post. You are bound by such revisions and modifications, so we encourage you to visit this page from time to time to review the latest Terms. LW reserves the right to, without notice and for any reason, modify or remove content from this Site, suspend or terminate the operation of the Site and deny access to any user to all or part of this Site.
If you do not accept the current Terms, your only recourse is to cease accessing or using the Site, Content and Services.
- Registration on the Site is currently free; however, we reserve the right to charge registration fees in the future. In order to become a registered user you will have to provide some basic personal information. Certain services and features are only available to registered users or registered members.
- You confirm that all information you provide when registering is true and accurate and will be kept up to date at all times. We shall use the information you provide us to contact you.
- Registrations are limited to one per person, and we reserve the right to delete or cancel the registration or membership of any person who in our opinion possesses more than one registration at a given time.
- You may not allow any other person to use your registration. You may not impersonate any other person when registering, whether or not that other person is a user of the Site.
Use and Abuse of the Site
- You must be aged 18+ to use the Site.
- You are personally responsible for any information published on the message boards or other public areas of the Site. You will be held personally liable for claims relating to defamation, infringement of intellectual property, privacy or any other claim arising from your content.
- You may not publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal content. If you publish any such content or if in our opinion you publish any content that damages our goodwill or the goodwill attached to the Site, we reserve the right, at our discretion and without notice, to take any action we deem necessary, including removing the content from the site and terminating your membership.
- We also reserve the right to remove any content from the site, terminate your registration or membership and restrict your access to our Services at any time for any reason.
- We grant you a limited license to access and make personal use of the Site, but not to download ( except page caching) or modify it, or any part of it, unless with our express written consent.
- If we inform you that you are no longer entitled to access the Services, you are forbidden from reregistering and you will no longer have permission to use the Site.
- We operate the Site with all the reasonable skill and care of an online service provider. No other warranties, except those required by law, are provided.
- YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS WHOLLY AT YOUR OWN RISK. NEITHER WE NOR OUR PARENT OR AFFILIATED COMPANIES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “LUXURY WORLDWIDE PARTIES”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, BOOKING OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT EITHER EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- THIS LIABILITY DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU EXPRESSLY ACKNOWLEDGE THAT THE LUXURY WORLDWIDE PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- UNDER NO CIRCUMSTANCES WILL WE, THE LUXURY WORLDWIDE PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
- IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER WE NOR THE LUXURY WORLDWIDE PARTIES SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED ON THE SITE, INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE AFOREMENTIONED PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. THE AGGREGATE, TOTAL LIABILITY OF THE LUXURY WORLDWIDE PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT OF NO MORE THAN TWO HUNDRED DOLLARS (US$ 200.00).
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In these jurisdictions, our liability shall be limited to the greatest extent permitted by law. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
- It may be necessary on occasion to suspend access to the Site for a period of time. Any such interruptions shall not constitute a breach by us of these terms.
- We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising from of your use of the Site, whether such loss is incurred or suffered as a result of our negligence or otherwise.
- Nothing in these terms shall limit our liability for fraud or for death or personal injury caused as a result of our negligence.
Cancellation and Termination
- When we receive an email from you requesting cancellation, we shall terminate your registration.
- We reserve the right to immediately terminate your registration without notice if in our opinion you have breached these terms.
- All of the information contained in your profile or that you have posted to the public areas of the Site may be lost forever once your membership or registration has been terminated (for whatever reason) and we will not be held liable for any such loss of information. However, we provide no guarantee that any information you posted will be deleted from the Site upon termination of your registration or membership.
- We require that your registration or member profile contain accurate, current and complete information.
- All notices will be sent to the email address you provided when you registered (as updated by you). By accepting these terms you consent to receiving communications from us by email and you hereby acknowledge that all agreements, notices, disclosures and other communications that we send you via email satisfy any legal requirement that such communications be in writing.
The Site may include links to other web sites or material that are beyond its control. We are not responsible for content on any external site.
- You must assume that all text, graphics, interfaces, photographs, trademarks, logos, sounds, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned or licensed by or to Luxury Worldwide, and is protected by copyright and trademark laws, and other intellectual property rights and unfair competition laws.
- By posting and/or displaying user-generated content on this site you expressly assign to us all copyright and other rights to such content, and you agree to waive all moral rights in relation thereto. For the avoidance of doubt, we are within our rights to use any user-generated content for any of our business purposes, even after termination of your registration or membership.
- We do not filter user-generated content (including content related to available properties that may be posted by our Hosts) or information on the Site, and we provide no warranties as to its accuracy or completeness. We expressly require users of this Site not to publish any defamatory, misleading or offensive content or any content that infringes any other person’s intellectual property rights (e.g. copyright). All such content is contrary to our policy, and we do not accept any liability in respect thereof. The user responsible shall be personally liable for any damages or torts resulting therefrom. If you post such content, you agree to indemnify us in relation to any liability we may suffer as a result.
- This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or reutilize parts of the Site’s content without our express written consent. In particular, you may not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for any substantial parts of this Site for reuse without our express written consent.
- These Terms shall be interpreted in accordance with the laws of the State of New Mexico, United States of America, without regard to its conflict-of-law provisions. This section shall survive termination of these Terms.
- NOTICE OF ARBITRATION AGREEMENT. You and LW agree that any dispute or claim (whether under a statute, in contract, tort, or otherwise) arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or the Site shall be fully and finally settled by binding, mandatory arbitration.
- Other than as described above, you and we each FORGO OUR RIGHTS TO (a) GO TO COURT to assert or defend claims under these Terms (EXCEPT for matters failing within the jurisdiction of a small claims court) AND (b) TO A TRIAL BY JURY or to participate as a class member. You are entitled to a FAIR HEARING, BUT arbitration procedures are SIMPLER and more limited than rules applicable in court. Arbitration decisions are as enforceable as judicial decisions and are subject to VERY LIMITED REVIEW BY A COURT.
- Class Action and Jury Trial Waiver. Any dispute or claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple-plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. Unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over a Class Action or representative proceeding. If for any reason (a) these Class Action provisions are held unenforceable or (b) this arbitration agreement between you and we is deemed unenforceable or non-arbitrable, you and we agree that any and all claims or disputes shall be fully and finally resolved by a court of competent jurisdiction sitting in the City of Santa Fe by bench trial, (i.e., a judge will decide the facts and you WAIVE YOUR RIGHT TO A TRIAL BY JURY).
- Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as permissibly modified by these Terms. The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act (9 United States Code §§ 1-16) will govern the interpretation and enforcement of this section.
- Place of Arbitration and Procedure. If your claim does not exceed $10,000, the arbitration will be conducted solely on the basis of documents you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. Whether the hearing will be conducted electronically, telephonically, or in person, will be determined by the arbitrator in accordance with the AAA Rules; reasonable fees may apply. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitration shall be conducted in the City of Santa Fe, unless the arbitrator determines, consist with the AAA Rules, that face-to-face proceedings are necessary and that the City of Santa Fe is not a reasonably convenient location.
- Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s award of damages must be consistent with these Terms.
- Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
- Notwithstanding the provisions of the “Modification” section above, you may reject any change we make to this “Dispute Resolution” section after the date you first accepted these Terms or accepted any subsequent changes to these Terms by sending us written notice (including by a message sent to us by way of our website) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of our email notifying you of such change. By rejecting any change, you are confirming that you will arbitrate any Dispute between you and We in accordance with the relevant “Dispute Resolution” of these Terms on the date you first accepted these Terms or the date you accepted any subsequent changes to these Terms (whichever is later).
- Without prejudice to the foregoing reference of disputes to binding arbitration, you and we agree to submit to the non-exclusive jurisdiction of any court sitting in the City of Santa Fe solely with respect to any actions for injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
- If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
- We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
- We may make changes to the format of the Site, services provided or to the Site’s content at any time without notice.
Luxury Worldwide LLC, trading as luxuryworldwide, “we” or “us”, take the privacy of your information very seriously. This policy explains how and for what purposes we use the information collected about you via this site (referred to below as the “Site”).
If you have any queries about the policy, please get in touch with us using our contact details, and we will do our best to answer your questions.
Personal information collected
We will collect the following personal information from you:
- Certain information required to register with the Site including your first and last name, address and date of birth, together with some basic security information;
- Details of any bookings you make through the Site (either through us or through third parties who use the Site as a booking platform);
- Your e-mail address and password;
- Billing information such as your credit card number and expiry date;
- Other information you generate through site interactions.
Although it is not compulsory to give us this information, if you do not, then you cannot register as a member of the Site or make bookings for accommodation with our Hosts.
Use of this information
We (or the Luxury Worldwide Parties, or your booking services provider) will use this information in order to:
- manage your booking;
- collect payment of accommodation fees from you on behalf of our Hosts;
- collect payment for any services you obtain while staying in our Hosts’ accommodation;
- analyze how customers are making use of the Site;
- make improvements to our Site and the services we offer;
- notify you of certain offers and new products (you are free to unsubscribe or opt-out).
Sharing this information
- Credit or debit card payments will be collected by our payment processor.
- You may need to provide some necessary details to our agent for payments to be processed. We tell you about this at the point we collect such information on the Site.
- We may transfer your personal information to a third party as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganization, but we shall take steps to ensure that your privacy rights continue to be protected.
- We may share customer information with third parties that perform services on our behalf in order to improve our services, and you hereby consent to us sharing such customer information.
- Apart from as set out in points 1-4, we will not disclose any of your personal information without your permission unless we are legally required to do so (for example, if required to do so by a court order or for the purposes of prevention of fraud or other crime).
Information automatically collected from your computer
Log files/IP addresses. When you visit the Site our web server automatically records your IP address. This IP address is not linked to any of your personal information. We may also gather other non-personal information (from which we cannot identify you), such as your internet browser, that we use to provide you with a better service.
Cookies. When you visit the Site we may store some information (commonly known as a “cookie”) on your computer. Cookies are pieces of information that a website transfers to your hard drive to store and sometimes track information about you. Cookies are specific to the server that created them and cannot be accessed by other servers, which means that they cannot be used to track your movements around the web. Passwords and credit card numbers are not stored in cookies.
A cookie helps you get the best out of the Site and helps us to provide you with a customized service.
- Storing details about your site preferences (for instance which language you wish to view pages in);
- Storing details about any properties you have short listed;
- Enabling our web server to track your session between pages of the site and provide a continuity of experience.
When using our site, there are a number of third parties that also need to store cookies for essential running of the site. These include but are not limited to:
- Amazon, for the running of our load balancers;
- Google, to enable Interactive Maps, help us with Analytics and provide re-marketing campaigns tailored to your browsing history using Google Advertiser Features. If you wish to opt out of the Google Advertiser Features, please click here for details.
If you have any other concerns, please contact us.
- We cannot be responsible for the privacy policies and practices of other sites, even if you access them using links from our Site, and we advise you to check the policy of each site you visit and contact its owner or operator if you have any concerns or questions.
- In addition, if you linked to this Site from a third party site, we cannot be responsible for the privacy policies and practices of the owners or operators of that third party site, and we advise you to check the policy of that third party site and contact its owner or operator if you have any concerns or questions.
LESSOR: Us, identified by the website platform we are using to establish this rental agreement, hereafter simply referred to as “LESSOR, WE or US”.
LESSEE: You, also identified by the website platform, hereafter simply referred to as “LESSEE, CLIENT or GUEST”.
PLATFORM: Booking platform used to connect LESSOR and LESSEE, also referred to as “BOOKING PLATFORM or RENTAL PLATFORM”.
* The LESSOR is the legitimate owner of the property object of this rental or formally authorized by him to manage rentals on his behalf.
* The PROPERTY is free and cleared of all liens, doubts, debts and lawsuits that may in any way affect its possession by the LESSEE;
The Parties identified above bind themselves by the present RENTAL AGREEMENT, which sets the following terms and conditions:
1ST Clause: OBJECT
The object of the contract is the rental of the property of the LESSOR, with address and details informed in the listing on the rental platform.
2nd Clause: LEASE PERIOD
The lease period is indicated in the booking details, as well as check-in and check-out standard times and periods that the we can receive the guest or check him out. At the check-out date and time, the property must be returned, without fail, in the aesthetic and conservation state in which it was delivered, with all furniture, appliances and objects that keep it, and its conditions of use and aesthetics must be impeccable as received.
Paragraph 1: The LESSOR shall make photographic record of all rooms previously, entitled INSPECTION REPORT, a document from which the LESSEE may have access if desired and requested.
3rd Clause: PAYMENT
Total rent is indicated in the booking details, which will be paid in the payment process, methods and deadlines indicated by the Platform at the moment of the booking. Payments shall be considered non-refundable. This rent usually includes the following services, fees and charges related to the property, namely, property tax, water, gas, electricity and the amenities listed in the property listing at the booking platform. If there is a house rule or information in the listing or booking that changes what is included, not included or payed as extra, that addendum overrules what is written here.
Paragraph 1 – In the case of payment in more than one installment, regardless of this agreement, what guarantees and confirms the reservation and the rent provided herein is the payment of the first installment. Failure to pay the Initial Deposit within the date stipulated ceases to constitute a reservation, and may result in loss of availability of the property on the dates requested, with consequent immediate termination of this agreement, at the discretion of the LESSOR, dispensing with notification, questioning or warning. Any amounts sent by the LESSEE after such situation, and if there is no continuity of lease between the Parties, will be returned within 5 (five) business days, without monetary correction.
Paragraph 2 – The late payment of the balance shall immediately imply in a fine of 10% over the amount of the installment. The LESSOR will offer an additional 24 hours for the LESSEE to settle the payment. In the event of default after such period, the LESSOR will understand that the LESSOR cannot guarantee its obligations with the present contract and, to avoid damage to himself, will place the property back on the market by cancelling the booking/reservation on the Booking Platform, freeing the dates. The LESSEE will permanently lose any right with respect to this document, without any compensation to the payments already made, which are essentially non-refundable.
Paragraph 3 – Payment shall be considered on the date on which the resource enters the account of the favored, and not on the date of submission, for cases where the financial services do not offer compensation on the same day. In case of payment via credit card, the RENTER should consult possible additional fees with the LESSOR, paying the appropriate costs.
Paragraph 4 – Acceptance of any payment outside the deadlines and conditions established herein represent mere tolerance and liberality of the LESSOR, not constituting novation.
Paragraph 5 – Effective entry into the property is entirely conditional upon the confirmation of full payment of financial liabilities linked to this agreement, including the Security Deposit and providing the list with full names plus document numbers of all occupants plus a copy of an original document with photo from the person responsible for the booking and this contract, whether it is a driver’s license, personal ID or passport.
4th Clause: SECURITY DEPOSIT
In addition to the rent amount, the LESSEE will also provide a Security Deposit as a guarantee of the physical integrity of the property and its assets, furniture, etc, and / or any fines or losses incurred during the term of this contract, in the amount represented in the Booking details on the Booking Platform.
Paragraph 1 – This amount will be returned within 4 business days after the end of the rental, except in case of damage. If damage occurs for which the value of the repair or replacement cannot be easily calculated, the amount will be retained by the LESSOR until the appropriate amount is determined by obtaining at least 2 quotes from qualified professionals. For products, replacement will be made with the product that more closely matches the original one that was damaged.
Paragraph 2 – After payment for damages, the eventual remaining amount of the Security Deposit will be returned, without monetary correction, by the LESSOR to the LESSEE. The amount made available as Security Deposit does not exempt the LESSEE from full payment for any damages and / or losses he may cause. In case of higher costs, the LESSEE undertakes to make the immediate and full payment of the required amount.
Paragraph 3 – If the LESSEE fails to pay the costs in a friendly manner, the LESSOR shall collect it by judicial means. If the intervention of lawyers is required to collect the amount due, fees of 20% on the amount of the debt for extrajudicial collections and 30% on the amount of the debt in cases of judicial collection will be added.
5th Clause: INTENDED USE
The use of the property must be strictly residential and up to the maximum capacity of the property informed in the Booking Platform, regardless of age.
The use of the property for commercial purposes is strictly prohibited. It is forbidden to the LESSEE, under any pretext, to sublet, lend, assign or transfer the property, or this contract to a third party. Only the use of the property by the tenant and its occupants, informed by the LESSEE prior to his entrance, is admissible.
If the CLIENT cannot provide full names and document numbers (personal ID, driver’s license or Passport) of all members at the time of confirming the Booking, he is authorized to provide such information up to 10 calendar days prior to the date of entry, through the Platform messaging system or by email, using the same email address used for confirming the Booking.
Paragraph 1 – The LESSOR shall be relieved of any and all liability with respect to the luggage, objects, jewelry, or other property values of the lessee and occupants.
Paragraph 2 – It is forbidden to change the secret of the lock of the property without the written permission of the LESSOR, including making additional copies of the key. If so desired, the LESSEE shall make his request to the LESSOR, who is not obliged to comply with the request, but may wish to do so, constituting mere liberality, without the right to novation. The loss of keys delivered represents a cost to be deducted from the security deposit.
Paragraph 3 – Any caveats regarding the condition of the property that has not been made in the INSPECTION REPORT, shall be formally communicated to the LESSOR, through the Platform messaging system or by email, within 24 hours of the LESSOR’s entry into the property.
Paragraph 4 – The landlord is hereby authorized to inspect the property at any time to verify the respective conditions of use. Also in cases of emergency, force majeure, destruction and vandalism, violence, natural hazards, and cases of risk of personal or material damage, the LESSOR may enter the property, without prior consent or without notice to the LESSEE.
Paragraph 5 – The only ones allowed to stay overnight in the property are the guests included in the Guest’s list to be informed prior to your entrance. In addition to these main and official occupants, the LESSEE has the right to receive social visits, from 7am until 10pm, time where the Silence Law from the Country where the Property is located kicks in. The maximum number of guests allowed at the same time, regardless of age, is informed in the listing details on the Booking Platform.
Paragraph 6 – The LESSEE and any member of his group or person to whom he offers access to the property, building or condominium shall comply fully with the convention and the internal regulations of the building or condominium, in addition to respecting the house, any staff and the neighborhood, taking care to not cause any discomfort, disorder, produce excessive noise, or allow the entry of people who may compromise the safety of residents and the property of others.
Paragraph 7 – The LESSEE is prohibited to do any work, modification, painting, installation that needs to pierce walls or improvements of any kind, without prior permission of the LESSOR. Improvements, whether useful or necessary in the LESSEE’s eyes, may only be performed with the LESSOR’s consent and initiative. Thus, in addition to being prohibited, even if they represent a financial investment, they will not confer any right to indemnity or retention, and the LESSOR shall require the reconstitution of the property to the original state in which it was presented.
Paragraph 8 – If the LESSEE finds any damages that he considers need urgent repair, in case of emergency and in case of any subpoenas, notifications and citations that he receives, the LESSEE shall notify the LESSOR, obligatorily and immediately, through the Booking Platform messaging system or by email, using the same email address used to confirm the booking, plus trying phone contact in case of emergencies. It also hereby authorizes, as already established in Paragraph 4 of the Fifth clause, the entry at any time of the LESSOR and its suppliers for due repairs. Otherwise, the LESSEE will assume full and exclusive responsibility for the costs and consequences arising from his action or omission.
Paragraph 9 – The practice or presence of prostitution and / or use of illicit or narcotic substances is expressly prohibited. It is also prohibited to hold parties and events, and to allow overnight guests other than those named as members of the group.
Paragraph 10 – In the event that the LESSEE withdraws the lease after making payments and before the final term of this agreement, no amounts will be returned to him or due, related to unused stay.
Paragraph 11 – The LESSEE is obliged to ensure the hygiene, conservation and cleanliness of all items and areas of the house, being responsible for the immediate repair of any damage, in order to deliver the apartment as received on departure.
Paragraph 12 – The return of the property automatically ends the lease, which, therefore, dispenses notification, interpellation or notice, regardless of any formality. The property shall be considered returned from LESSEE to LESSOR when it is totally free from persons and objects from the LESSEE group of occupants. Resistance in returning the property on the agreed date and time, constitutes an act of disseisin, allows for police enforcement and immediately incur in a daily fine equivalent to (two) times the total value of the lease apart from the Penalties described on the Seventh Clause.
6th Clause: CONTRACT TERMINATION AND FORCE MAJEUR
In case of disaster, emergency, destruction and vandalism, violence, natural hazards or a force majeure event, not related to the LESSEE’s actions, which would prevent the use of the property for its intended purpose, in whole or in part, interdiction or expropriation of the property, this contract shall be deemed terminated. Amounts payed shall be returned in up to 10 business days and the LESSOR shall be exempt from having to relocate the client.
7th Clause: PENALTIES
Failure to comply with any provision of this agreement results in a fine in the full amount of Security Deposit, per event. The amount is established in the Booking details on the Booking Platform. In cases where the wrongful action implies loss or fines, these must be payed in full. These contract breaches allow the LESSOR to terminate the contract and booking, evicting the client, without right to reimbursement, at his own discretion.
8th Clause: COMMUNICATIONS
All quotations, subpoenas and notifications by the parties must be made through the Booking Platform messaging system or by e-mail, from the same email address used to confirm the Booking. The Parties agree not to use any other form, under any circumstances, and no verbal agreement is accepted, so that any change in what is established hereby must be made by these means and rely on the express consent of the other party.
Paragraph 1 – The LESSEE is obliged to communicate to the LESSOR in due time any notices, notifications or communications that require the LESSOR’s knowledge, coming from the administration of the Condominium, the public authorities or other entities.
9th Clause: APPLICABLE LAW
This contract will be governed by Law No. 8,245 / 1991 from Brazil, also amended by Law No. 12,112 / 2009, and by the Brazilian Civil Code, Law No. 10,406 / 2002, as applicable.
10th Clause: JURISDICTION OF CHOICE
The parties agree, supported by Law No. 9.307 / 96, that any matter arising from or referring to this contract will be resolved through the Mediation or Arbitration, to be managed by TASP Arbitral Chamber of São Paulo, with headquarters at Rua Dr. Bacelar, 643 – Vila Clementino, São Paulo / SP, pursuant to its arbitral regulation, following Brazilian law and jurisprudence.
Signing of this document by the LESSOR has been granted, as it was him who created and uploaded the present contract to serve as Rental Agreement. Signing by the LESSEE has been granted in the form of an electronic confirmation. When the LESSEE clicks and confirms the booking, inside the Booking Platform, he attests to have read and agreed on all Terms and Conditions, including this Lease Agreement. Moreover, when he informs full details of a valid credit card to be charged, he gives extra confirmation of the agreement on his part.