Website Terms of Use
Terms of Use
By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms“), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and All-Luxury-Apartments.
Please also read our Privacy Policy at LINK. If you do not agree to these Terms, do not use the site.
Overview:
Please read the following Terms of Use before using our site. If you use our site, you agree to the terms listed below.
All-Luxury-Apartments offers an online platform to connect hosts that provide accommodations to list and book, with guests who desire to book such accommodations (collectively, the “Services“). These Services are available at www.All-Luxury-Apartments.com and any websites that All-Luxury-Apartments uses to make these Services available (collectively referred to as the “Site“) and through applications for mobile, tablet and other smart devices and application program interfaces (collectively referred to the “Application“) below. All Payment Services provided by All-Luxury-Apartments Payments are subject to the Payments Terms of Service (“Payments Terms“).
You understand and agree that All-Luxury-Apartments is not a party to any agreements made between hosts and guests nor is All-Luxury-Apartments a real estate broker, agent or insurer. All-Luxury-Apartments also has no control over the conduct of hosts, guests or users of the site, applications and services. All-Luxury-Apartments disclaims all liability in this regard to the maximum extent permitted by law.
Definitions:
“Accommodation” refers to residential and other properties listed for rent on our website or associated websites.
“All-Luxury-Apartments Content” refers to all content that All-Luxury-Apartments makes available through the Site, Application, Services, or related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Booking” refers to a limited license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed booking, during which time the Host retains the right to re-enter the Accommodation, in accordance with the Guest’s agreement with the Host. The terms “short term rental” and “home sharing” are also used interchangeably with “Booking.” All three terms refer to a limited license to enter and use the Accommodation for the duration of the confirmed booking as defined above.
“Booking Request Period” equals the time period starting from the time when a Booking is requested by a Guest (as determined by All-Luxury-Apartments in its sole discretion), within which a Host may decide whether to confirm or reject that Booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
“Collective Content” means Member Content and All-Luxury-Apartments Content.
“Communication” means an email, message via the Application, text message or message to a WeChat account.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Guest” means a Member who requests from a Host a Booking of a Listing via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for the associated Listing.
“Host” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means an Accommodation that is listed by a Host as available for Booking via the Site, Application, and Services.
“Member” means a person who completes All-Luxury-Apartments’s account registration process, including but not limited to Hosts and Guests, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or All-Luxury-Apartments promotional campaign to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that Accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Terms of Service:
IF YOU CHOOSE TO CREATE A LISTING ON All-Luxury-Apartments, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH All-Luxury-Apartments IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF All-Luxury-Apartments FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF All-Luxury-Apartments. All-Luxury-Apartments DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF All-Luxury-Apartments, INCLUDING BY INAPPROPRIATELY USING ANY All-Luxury-Apartments INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES (INCLUDING, WHERE APPLICABLE, PROGRAMS SUCH AS THE HOST PROTECTION INSURANCE PROGRAM, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Eligibility:
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
For users in the United States, All-Luxury-Apartments will, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from All-Luxury-Apartments’s vendors.
How the Site, Application and Services Work:
The Site, Application and Services can be used to facilitate the listing and Booking of Accommodations. Such Accommodations are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create an All-Luxury-Apartments Account (described below).
As stated above, All-Luxury-Apartments makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for Bookings of Accommodations directly with each other. All-Luxury-Apartments is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and All-Luxury-Apartments does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. Unless explicitly specified otherwise in the All-Luxury-Apartments platform, All-Luxury-Apartments’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. All-Luxury-Apartments CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. All-Luxury-Apartments IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
Account Registration:
In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account (“All-Luxury-Apartments Account“) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook; each such account, a “Third-Party Account“), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your All-Luxury-Apartments Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to All-Luxury-Apartments through the Site, Services or Application; or (ii) allowing All-Luxury-Apartments to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to All-Luxury-Apartments and/or grant All-Luxury-Apartments access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating All-Luxury-Apartments to pay any fees or making All-Luxury-Apartments subject to any usage limitations imposed by such third-party service providers. By granting All-Luxury-Apartments access to any Third-Party Accounts, you understand that All-Luxury-Apartments will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site, Services and Application via your All-Luxury-Apartments Account and All-Luxury-Apartments Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your All-Luxury-Apartments Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or All-Luxury-Apartments’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your All-Luxury-Apartments Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. All-Luxury-Apartments makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and All-Luxury-Apartments is not responsible for any SNS Content.
Your All-Luxury-Apartments Account and your All-Luxury-Apartments Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active All-Luxury-Apartments Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. All-Luxury-Apartments reserves the right to suspend or terminate your All-Luxury-Apartments Account and your access to the Site, Application and Services if you create more than one (1) All-Luxury-Apartments Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on All-Luxury-Apartments, you are not permitted to share your All-Luxury-Apartments Account with anyone or allow others to access or use your All-Luxury-Apartments Account. All-Luxury-Apartments may enable features, in our discretion, that allow other Members to take certain actions associated with your All-Luxury-Apartments Account, on your behalf with your express authorization, such as having your executive assistant, travel agent, or employer book on your behalf or adding a family member to your account as an additional Host. You agree that you will take sole responsibility for any activities or actions under your All-Luxury-Apartments Account, whether or not you have authorized such activities or actions. You will immediately notify All-Luxury-Apartments of any unauthorized use of your All-Luxury-Apartments Account.
Accommodation Listings:
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guest and Host preferences, ratings and/or ease of Booking.
Other Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing, your Guest requirements, and Guests’ search parameters and preferences. You understand and agree that once a Guest requests a Booking of your Accommodation, you may not request the Guest to pay a higher price than in the Booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or a Guest’s stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that All-Luxury-Apartments assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. All-Luxury-Apartments reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that All-Luxury-Apartments, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or All-Luxury-Apartments’s then-current Policies and Community Guidelines or Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
If you are a Host, you understand and agree that All-Luxury-Apartments does not act as an insurer or as your contracting agent. If a Guest requests a Booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and All-Luxury-Apartments is not a party to it.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a Booking of your Accommodation, such as requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Hosting” section of the Site, Application and Services.
If you are a Host, All-Luxury-Apartments makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or pre-approve for Booking for your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)
All-Luxury-Apartments recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation. Please also review such policy for any interaction with the All-Luxury-Apartments Host Protection Insurance Program, to the extent provided in your jurisdiction.
All-Luxury-Apartments may offer Hosts the option of having photographers take photographs of their Accommodations. If you as a Host choose to have photographer do this, All-Luxury-Apartments shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words “All-Luxury-Apartments.com Verified Photo” or similar wording (“Verified Images“). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Host for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute All-Luxury-Apartments Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from All-Luxury-Apartments. If your All-Luxury-Apartments Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that All-Luxury-Apartments retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
No Endorsements or Preferential Treatment:
All-Luxury-Apartments does not endorse any Member, Listing or Accommodation. You understand that Verified Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Verified Images are therefore not an endorsement by All-Luxury-Apartments of any Member, Listing or Accommodation.
Members are required by these Terms to provide accurate information. Although All-Luxury-Apartments may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
By registering for an All-Luxury-Apartments Account, you agree that All-Luxury-Apartments may - but is not obligated to - request a consumer report on you from a Consumer Reporting Agency.
Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by All-Luxury-Apartments about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept or pre-approve a Booking request from a Guest, or to have any other interaction with any other Member. Except as provided in the All-Luxury-Apartments Host Guarantee Terms and Conditions (“All-Luxury-Apartments Host Guarantee“), which is an agreement between All-Luxury-Apartments and Hosts, we are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from All-Luxury-Apartments with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Bookings or Listings made by you. This limitation shall not apply to any claim by a Host against All-Luxury-Apartments regarding the remittance of payments received from a Guest by All-Luxury-Apartments on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms:
Definitions:
“Accommodation Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in an Accommodation. The Host alone, and not All-Luxury-Apartments, is responsible for the Accommodation Fees for his or her Listing. The Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the All-Luxury-Apartments platform, or (ii) Taxes that the Host determines that he or she has to collect.
“Guest Fees” means the fee that All-Luxury-Apartments charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a Booking request to a Host.
“Host Fees” means the fee that All-Luxury-Apartments charges a Host for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees.
“Payment Method” means a payment method that you have added to your All-Luxury-Apartments Account, such as a credit card, debit card or PayPal.
“Service Fees” means collectively the Guest Fees and the Host Fees.
“Total Fees” means collectively the Accommodation Fees and the Guest Fees plus any Taxes.
Bookings and Financial Terms for Hosts:
If you are a Host and a Booking is requested for your Accommodation via the Site, Application or Services, you will be required to pre-approve, confirm or reject the Booking request within the Booking Request Period, otherwise the Booking request will automatically expire. When a Booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Guest who has requested the Booking, (ii) a link to the Guest’s All-Luxury-Apartments Account profile page, (iii) if the Guest and Host have both connected their All-Luxury-Apartments accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS, and (iv) an indication of whether or not the Guest has provided other information to All-Luxury-Apartments, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a Booking request within the Booking Request Period, any amounts collected by All-Luxury-Apartments (via All-Luxury-Apartments Payments) for the requested Booking will be refunded to the applicable Guest. When you confirm a Booking requested by a Guest, All-Luxury-Apartments will send you a Communication confirming such Booking, depending on the selections you make via the Site, Application and Services.
All-Luxury-Apartments Payments will collect the Total Fees from Guests at the time of the Booking request or upon the Host’s confirmation and will initiate payment of the Accommodation Fees (less applicable fees and taxes) to the Host at the time and as further described in the Payments Terms.
Each Host agrees that All-Luxury-Apartments may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the Booking and (ii) refund (via All-Luxury-Apartments Payments) to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy.
Bookings and Financial Terms for Guests:
The Hosts, not All-Luxury-Apartments, are solely responsible for honoring any confirmed Bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the Booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host.
You acknowledge and agree that you, and not All-Luxury-Apartments, will be responsible for performing the obligations of any such agreements, that All-Luxury-Apartments is not a party to such agreements, and that, with the exception of All-Luxury-Apartments Payments’ obligations pursuant to the Payments Terms, All-Luxury-Apartments (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
The Total Fees payable will be displayed to a Guest before the Guest sends a Booking request to a Host. As noted above, the Host is required to either preapprove, confirm or reject the Booking request within the Booking Request Period; otherwise, the requested Booking will be automatically cancelled. Upon receipt of your Booking request, All-Luxury-Apartments Payments may initiate a pre-authorization and/or charge a nominal amount to your Payment Method pursuant to the Payments Terms. If a requested Booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by All-Luxury-Apartments Payments will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s Payment Method will be released, if applicable.
You as a Guest agree to pay the Total Fees for any Booking requested, and in most cases confirmed, in connection with your All-Luxury-Apartments Account. All-Luxury-Apartments Payments will collect the Total Fees pursuant to the Payments Terms.
Once your confirmed Booking transaction is complete you will receive a confirmation Communication summarizing your confirmed Booking.
Service Fees and Other Fees:
In consideration for the use of All-Luxury-Apartments’s online marketplace and platform, All-Luxury-Apartments charges Service Fees. All-Luxury-Apartments Payments collects these Service Fees pursuant to the Payments Terms, and, where applicable, may also collect Taxes (such as VAT in Europe) in respect of the Host Fees and Guest Fees. All-Luxury-Apartments Payments deducts the Host Fees from the Accommodation Fees before remitting the balance to the Host as described in the Payments Terms. Guest Fees are, as noted above, included in the Total Fees.
Applicable Guest Fees, as well as Taxes collected by All-Luxury-Apartments, will be shown to Guests via the Site and Application at checkout, prior to their submission of a Booking request. And, All-Luxury-Apartments will disclose applicable Host Fees to Hosts via the Site and Application. More information on Services Fees can be found at the All-Luxury-Apartments Help Center.
Cancellations and Refunds:
If, as a Guest, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the
Booking Modifications
You as a Guest or Host are responsible for any modifications to a Booking that you direct All-Luxury-Apartments Customer Service to make (“Booking Modifications“), and you agree to pay any Accommodation Fees, Guest Fees, Hosts Fees, Services Fees, and/or Taxes associated with such Booking Modifications.
Taxes:
Accommodation rentals may be subject to varying taxes depending upon location. As a Host, it is your responsibility to abide by the laws of your state and country and pay all applicable taxes and fill out appropriate tax forms. Where applicable, or based upon request from a Host, All-Luxury-Apartments may issue a valid VAT invoice to such Host.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your Accommodation is located may require Taxes to be collected from Guests or Hosts on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Accommodation Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, “Occupancy Taxes“).
Damage to Accommodations and Security Deposits:
As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at an Accommodation) in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage (“Damage Claim“), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
Hosts may choose to include security deposits in their Listings (“Security Deposits“). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. All-Luxury-Apartments will use commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but All-Luxury-Apartments is not responsible for administering or accepting any Damage Claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.
If you are a Guest, upon All-Luxury-Apartments’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by All-Luxury-Apartments or a third party selected by All-Luxury-Apartments or its insurer, with respect to losses for which the Host is requesting payment from All-Luxury-Apartments under the All-Luxury-Apartments Host Guarantee.
Security Deposits, if required by a Host, may be applied to any fees due from a Guest overstaying at a Listing without the Host’s consent.
User Conduct:
As a user of the site, you understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not violate any laws - local, state, national or other; use spiders, bots or other software to scrape, crawl or spider web pages; misuse All-Luxury-Apartments’s branding; use content or material for any purposes beyond what is expressly permitted by these Terms; infringe the rights of All-Luxury-Apartments or any other person or entity; damage our site; misuse financial information shared on the site by other users; harass any user of the site; spam our site; offer false information on the site as a Host or Guest; attempt to hire Hosts or Guests through the Site; impersonate any person or entity; provide false information on the Site; violate our Terms of Use; engage in abusive or disruptive behavior; post or upload any content that infringes on another person or entity’s rights or is defamatory, obscene, pornographic, vulgar or offensive; download content from our site for other purposes; tamper with the Site; duplicate the Site; or test the Site’s vulnerability or attempt to breach any security or authentication measures.
All-Luxury-Apartments has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, All-Luxury-Apartments may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Listing(s) or All-Luxury-Apartments Account, for a violation of this Section or these Terms.
All-Luxury-Apartments may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against All-Luxury-Apartments or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the All-Luxury-Apartments Host Guarantee, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of All-Luxury-Apartments, its users, or members of the public. You acknowledge that All-Luxury-Apartments has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review, remove, disable access to or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. All-Luxury-Apartments reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that All-Luxury-Apartments, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
All-Luxury-Apartments Content and Member Content License:
Subject to your compliance with these Terms and All-Luxury-Apartments’s Trademark & Branding Guidelines, All-Luxury-Apartments grants you a limited, non-exclusive, non-transferable license, to (i) access and view any All-Luxury-Apartments Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by All-Luxury-Apartments or its licensors, except for the licenses and rights expressly granted in these Terms.
Member Content:
All-Luxury-Apartments may allow Members to post, upload, publish, submit or transmit Member Content. This Member Content may also be distributed through All-Luxury-Apartments promotional campaigns. All-Luxury-Apartments does not claim any ownership rights in any such Member Content nor do we intend to restrict any rights you already have in use for your content. By uploading such promotional content, you grant All-Luxury-Apartments a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise use such Member Content to market the Site, Application and Services.
You agree that you are solely responsible for all Member Content that you share through the Site, Application, Services or through All-Luxury-Apartments promotional campaigns. Accordingly, you warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through All-Luxury-Apartments promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to All-Luxury-Apartments the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or All-Luxury-Apartments’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or All-Luxury-Apartments promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Links:
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that All-Luxury-Apartments is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by All-Luxury-Apartments of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Copyright Policy:
All-Luxury-Apartments respects copyright law and expects its users to do the same. It is All-Luxury-Apartments’s policy to terminate in appropriate circumstances the All-Luxury-Apartments Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see All-Luxury-Apartments’s Copyright Policy for further information.
Termination:
For Convenience:
You can terminate these Terms at any time via the “Cancel Account” feature on the Site or by sending us an email. If you cancel your All-Luxury-Apartments Account as a Host, any confirmed Bookings will be automatically cancelled and your Guests will receive a full refund. If you cancel your All-Luxury-Apartments Account as a Guest, any confirmed Booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights, All-Luxury-Apartments may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address.
For Suspension or Breach of Conduct:
All-Luxury-Apartments may immediately, without notice terminate these Terms if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the All-Luxury-Apartments Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) All-Luxury-Apartments believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, All-Luxury-Apartments or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition All-Luxury-Apartments may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your All-Luxury-Apartments Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your All-Luxury-Apartments Account, or temporarily or permanently suspend your All-Luxury-Apartments Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Hosts or Guests, or (ii) All-Luxury-Apartments believes in good faith that such action is reasonably necessary to protect the safety or property of Members, All-Luxury-Apartments or third parties, for fraud prevention, risk assessment, security or investigation purposes.
If we take any of the measures described here, we may (i) communicate to your Guests or Hosts that a pending or confirmed Booking has been cancelled, (ii) refund your Guests in full for any and all confirmed Bookings, irrespective of preexisting cancellation policies, (iii) support your Guests, on an exceptional basis, in finding potential alternative Accommodations, and (iv) you will not be entitled to any compensation for confirmed Bookings that were cancelled.
In case of non-material breaches and where appropriate, you will be given notice of any measure by All-Luxury-Apartments and an opportunity to resolve the issue to All-Luxury-Apartments’s reasonable satisfaction.
Disclaimers:
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT All-Luxury-Apartments DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS. BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A MEMBER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, All-Luxury-Apartments EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. All-Luxury-Apartments MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. All-Luxury-Apartments MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, HOSTS, GUESTS, YOUR ACCRUAL OF All-Luxury-Apartments TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM All-Luxury-Apartments OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT All-Luxury-Apartments DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. All-Luxury-Apartments MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY All-Luxury-Apartments. All-Luxury-Apartments EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
Limitation of Liability:
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF All-Luxury-Apartments WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER All-Luxury-Apartments NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT All-Luxury-Apartments HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Indemnification:
You agree to release, defend, indemnify, and hold All-Luxury-Apartments and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or Booking of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of an Accommodation; and (e) your participation in our Referral Program.
Controlling Law and Jurisdiction
Any dispute in connection with this agreement may be brought in any court of competent jurisdiction in England or Wales.
Contacting All-Luxury-Apartments:
If you have any questions about these Terms, please contact All-Luxury-Apartments through the contact form on our contact website page.
Modification:
All-Luxury-Apartments reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your All-Luxury-Apartments Account you will be deemed to have accepted the changes.
