Last updated: 7 November 2019
Luxury Retreats reserves the right to modify these Terms and the Services at any time in accordance with this provision. If we make changes that will materially disadvantage our existing users we will provide you with reasonable advance notice. If you disagree with the modifications you may cease using the Services. Your continued use of the Services after the effective date of any such modifications will constitute acceptance of the modifications. If we make material changes to these Terms, we will post the revised Terms on the Site and update the “Last Updated” date at the top of these Terms. For modifications that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to notify you in advance but we will let you know as soon as practicable.
3.1 You should 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 Retreats, and is protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws.
3.2 You may download Content displayed on this Site for personal, non-commercial use only. You must retain all copyright and other proprietary notices on downloaded Content. You may not reproduce, republish, post, publicly display, transmit or distribute any Content unless expressly permitted in these Terms or elsewhere on the Site.
Luxury Retreats takes no responsibility and assumes no liability for any Submissions posted or submitted by you. We reserve the sole discretion to determine whether to publish or use your Submissions. You are fully responsible for the content of your Submissions.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Luxury Retreats and its affiliates and their respective directors, officers, employees and agents from and against all demands, losses, liability, claims or expenses, including attorneys’ fees, made against Luxury Retreats by any third party due to or arising out of or in connection with your use of the Site, the Services and/or your breach of these Terms. If you reside in the EEA or UK, this indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
6 Additional Rules and Conditions
Separate terms and conditions, including your cancellation rights, if any, will apply to your reservation and purchase of travel-related goods and services that you select. Such terms and conditions will be presented to you prior to making a reservation or purchase. Please read these separate terms and conditions carefully. Any violation of these additional terms and conditions may result in cancellation of your reservation(s) or in your forfeiting any monies paid for such reservation(s).
7.1 If you reside in the United States These Terms shall be governed by the laws of Barbados, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the courts located in Barbados, in all questions and controversies arising out of your use of this Site and this Agreement.
7.2 If you reside outside of the United States, these Terms will be governed by and interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Irish courts. Legal proceedings that you bring against Luxury Retreats arising from or in connection with these Terms may only be brought in a court located in Ireland or a court with jurisdiction in your place of residence. If we wish to enforce any of our rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
7.3 The relationship between Luxury Retreats and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
7.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
7.5 You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
8 Use of the Site
8.1 You may not use the Site, the Services or any Content for any purpose that is unlawful or prohibited by these Terms or that infringes the rights of Luxury Retreats or others.
8.2 You also agree not to: (i) make any false, speculative or fraudulent inquiry, request or reservation; (ii) access, monitor or copy any content or information of this Site using any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or any similar process; (iii) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (iv) use any device, software or routine to interfere with the proper working of the Site, any transaction being conducted on the Site or any other person’s use of the Site; or (v) attempt to gain unauthorized access to the Site or any systems or networks connected to the Site by hacking or any other illegitimate means.
You can stop using the Site or the Services at any time. We may remove functionality or features, suspend or stop any or all of the Services at any time in accordance with the provisions of section 2 above.
10 Limitation of Liabilities
10.1 Unless you reside in the EEA or UK, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your use of the Site and the Services remains with you. Neither us nor our affiliates (nor any of our respective shareholders, directors, employees, agents and representatives, individually and collectively) will be liable for any delays, accidents, loss, damage, or injury, including without limitation any direct, indirect, punitive, incidental, special, exemplary, or consequential damages arising out of or in any way connected to your use of the LR platform or inability to use the LR platform, whether based on contract, tort, negligence, strict liability, or otherwise. Nor are we responsible or liable in any way for your actions related to the use of the LR platform. The foregoing applies whether or not we have been informed of the possibility of such damage and even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so that limitation may not apply to you. Only if you reside outside of the United States, and bring a claim or proceeding outside the United States, then this limitation will not affect our liability for death or personal injury arising from negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
10.2 Unless you reside in the EEA or UK, to the maximum extent permitted by law, in no event will the aggregate liability of Luxury Retreats and our affiliates arising out of or in connection with these Terms and the use of the Site and/or Services exceed one hundred US dollars (US$100).
10.3 If you reside in the EEA or UK, Luxury Retreats is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Luxury Retreats is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Luxury Retreats in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Luxury Retreats is excluded.