LuxuStars

Provider Agreement

{"id":5,"admin_policy_id":3,"locale":"en","title":"Provider Agreement","description":"

This Provider Agreement (the \u201cAgreement<\/strong>\u201d) is entered into between LuxuStars (\u201cLuxuStars<\/strong>,\u201d \u201cwe,\u201d \u201cus,\u201d or \u201cour\u201d) and you (the \u201cProvider<\/strong>,\u201d \u201cyou,\u201d or \u201cyour\u201d), governing your use of the LuxuStars platform to offer accommodations, vehicles, watercraft, experiences, or other services (collectively, \u201cServices<\/strong>\u201d) to Travelers.<\/p>

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By registering for a Provider account or listing Services on the LuxuStars Platform (luxustars.com) or associated mobile applications, you agree to be bound by this Agreement, our Terms of Service, and our Privacy Policy. If you do not agree, you may not use the Platform to offer Services.<\/p>

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Table of Contents<\/strong><\/p>

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Definitions<\/a><\/li>
Provider Eligibility and Verification<\/a><\/li>
Account Registration and Management<\/a><\/li>
Listing Requirements<\/a><\/li>
Bookings and Payment Terms<\/a><\/li>
Provider Responsibilities<\/a><\/li>
Booking Management Rights<\/a><\/li>
Insurance<\/a><\/li>
Customer Service, Complaints, and Resolution Center Escalation Customer Service, Complaints, and Resolution Center Escalation
Content and Intellectual Property<\/a><\/li>
Prohibited Conduct<\/a><\/li>
Indemnification<\/a><\/li>
Limitation of Liability<\/a><\/li>
Term and Termination<\/a><\/li>
Dispute Resolution<\/a><\/li>
Changes to the Agreement<\/a><\/li>
Miscellaneous<\/a><\/li> <\/ol>

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Definitions<\/a><\/strong><\/li> <\/ol>
For the purposes of this Agreement:<\/p>

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\u201cPlatform<\/strong>\u201d means the LuxuStars website (luxustars.com) and any associated mobile applications through which Services are offered and booked.<\/li>
\u201cProvider<\/strong>\u201d means any individual or entity offering Services through the Platform.<\/li>
\u201cTraveler<\/strong>\u201d or \u201cUser<\/strong>\u201d means any individual using the Platform to browse, request, or book Services.<\/li>
\u201cServices<\/strong>\u201d means accommodations, vehicles, watercraft, experiences, or other offerings made available by Providers through the Platform.<\/li>
\u201cBooking<\/strong>\u201d means a confirmed reservation made by a Traveler for Services through the Platform.<\/li> <\/ol>

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Provider Eligibility and Verification<\/a><\/strong><\/li> <\/ol>
To use the Platform as a Provider, you must be legally capable of entering into binding agreements under applicable law. If you are registering on behalf of a business or another legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement. You must promptly notify LuxuStars in writing if you or your business or legal entity becomes ineligible to act as a Provider or to enter into binding agreements under applicable law.<\/p>

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You also represent and warrant that you and, if applicable, your business or legal entity have all necessary licenses, permits, approvals, or other authorizations to offer your Services through the Platform in your jurisdiction. You are solely responsible for ensuring that your listings and Services comply with all applicable local, regional, and national laws and regulations. If you provide Services without the required authorizations, you will be solely liable for any claims, penalties, losses, or damages that result, and you agree to indemnify and hold LuxuStars harmless from any such consequences.<\/p>

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LuxuStars may require you or your business to complete an identity or business verification process, which may include submitting government-issued identification, business registration documents, or other supporting materials. You must complete any requested verification process within the timeframe specified by LuxuStars, which will not be less than five (5) business days from the date of the request, unless LuxuStars communicates otherwise in writing. LuxuStars reserves the right to approve or reject any Provider registration at its sole discretion and to suspend or terminate Provider accounts for failure to complete or pass verification requirements. If you submit false, misleading, or fraudulent documentation or information during verification, LuxuStars may immediately suspend or close your account, remove your listings, and pursue any other remedies available under this Agreement or applicable law.<\/p>

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Account Registration and Management<\/a><\/strong><\/li> <\/ol>
You agree to provide accurate, current, and complete information during the account registration process and to update such information as necessary to ensure its accuracy and completeness.<\/p>
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you become aware of any unauthorized use of your account or any other security breach, you must notify LuxuStars promptly.<\/p>

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LuxuStars reserves the right to suspend or terminate your account at its sole discretion if it believes you have provided false or misleading information, violated this Agreement or other applicable policies, or otherwise compromised the integrity or security of the Platform.<\/p>

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By creating an account, Providers agree to comply with all LuxuStars policies, guidelines, and standards communicated through the Platform or otherwise made available to Providers. LuxuStars may update such policies from time to time, and continued use of the Platform to offer Services constitutes acceptance of any updated policies.<\/p>

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Listing Requirements<\/a><\/strong><\/li> <\/ol>
As a Provider, you agree to ensure that all listings you create on the Platform are accurate, complete, and up to date. You are responsible for accurately describing your Services, including details about features, pricing, availability, restrictions, and any applicable rules or requirements for Travelers. You must promptly update your listings to reflect any material change to your Services, including but not limited to changes in features, pricing, availability, or restrictions.<\/p>

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You agree to maintain high standards of quality and safety for all Services you offer. This includes ensuring that accommodations, vehicles, watercraft, experiences, and other offerings comply with all relevant legal, health, and safety requirements in your jurisdiction. You must also disclose any known defects, hazards, or risks related to your Services in your listings.<\/p>

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You may not post any content that is false, misleading, defamatory, obscene, infringing on third-party rights, or otherwise prohibited by law. LuxuStars reserves the right to review, edit, suspend, or remove any listing at its sole discretion if it determines that the listing violates this Agreement, our Terms of Service, or applicable laws.<\/p>

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All listings must comply with LuxuStars\u2019 content guidelines as published on the Platform and as may be updated from time to time.<\/p>

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You are liable for any inaccuracies or omissions in your listings, and you agree to indemnify and hold LuxuStars harmless from any claims, losses, or damages arising from such inaccuracies or omissions.<\/p>

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Booking and Payment Terms<\/a><\/strong><\/li> <\/ol>
You agree to honor all confirmed Bookings made through the Platform according to the details and conditions specified in your listing. Providers cannot cancel confirmed Bookings directly through the Platform. LuxuStars will process cancellations on behalf of the Provider in cases of unforeseen circumstances beyond the Provider\u2019s reasonable control that can be documented to LuxuStars\u2019 satisfaction, such as force majeure events, property damage, or safety concerns that make it impossible or unlawful to fulfill the Booking. Providers must promptly update their listing availability to reflect any changes and prevent overbooking. Failing to update availability or improperly requesting a cancellation may result in penalties, removal of listings, or withholding of payouts by LuxuStars.<\/p>

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LuxuStars will handle payment processing through third-party payment processors, including Adyen, Stripe, and PayPal. Payments received from Travelers will be paid to you after deducting any applicable service fees or commissions, in accordance with our payment schedule and the payment processor\u2019s terms. <\/span><\/p>

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LuxuStars may withhold, delay, or offset payouts to Providers in its discretion in cases of actual or suspected chargebacks, refunds, disputes, fraudulent activity, or other risk management needs. Providers authorize LuxuStars to recover any amounts owed by offsetting future payouts or by other lawful means.<\/p>

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You acknowledge and agree that LuxuStars\u2019 service fees or commission rates will be disclosed to you through the Platform or during onboarding and may be updated with reasonable notice. You are responsible for providing and maintaining accurate payment account information. LuxuStars is not liable for payment delays or errors caused by your failure to supply correct or current account details.<\/p>

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You are responsible for setting your own prices, including accounting for any applicable taxes, fees, or other charges. You are solely responsible for complying with applicable tax laws and for paying any required taxes to the proper authorities.<\/p>

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Currency conversion rates and related transaction fees may apply to payments, depending on your payment method and location. LuxuStars is not responsible for any such fees imposed by third-party processors or financial institutions.<\/p>

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Provider Responsibilities<\/a><\/strong><\/li> <\/ol>
You are solely responsible for ensuring that your Services comply with all applicable local, regional, and national laws and regulations, including any licensing, zoning, health, safety, or insurance requirements. You agree to maintain all accommodations, vehicles, watercraft, and experiences you offer in a safe, clean, and functional condition, suitable for the purpose described in your listing. <\/span><\/p>

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In the event of a maintenance emergency or safety incident affecting a Traveler or your Services, you must promptly take all reasonable steps to address the issue and notify both the affected Traveler and LuxuStars without undue delay. You must cooperate with LuxuStars and Travelers to resolve such emergencies or incidents in accordance with applicable law and Platform guidelines.<\/p>

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You must treat all Travelers with respect and professionalism, including honoring agreed Booking details and respecting Traveler privacy and personal data in accordance with applicable laws. You agree to respond to any Traveler complaints or inquiries related to your Services within forty-eight (48) hours of receipt, and to cooperate in good faith to resolve any issues or disputes.<\/p>

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You agree not to use Traveler information obtained through the Platform for any purpose other than fulfilling the specific Booking, unless you have the Traveler\u2019s explicit consent, are required to do so by law, or such use is necessary for legitimate post-Booking purposes directly related to the Booking (such as handling complaints, processing refunds, addressing damages, or complying with legal obligations). In all cases, you must handle Traveler information in accordance with applicable data protection laws and the Platform\u2019s privacy policy.<\/p>

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Booking Management Rights<\/a><\/strong><\/li> <\/ol>
LuxuStars reserves the right, at its sole discretion, to modify, cancel, or mediate Bookings in cases involving disputes between Users and Providers, suspected fraud, abuse, violations of this Agreement, or risk management concerns. Providers agree to cooperate with any such interventions and to follow any instructions provided by LuxuStars in connection with resolving disputes or cancellations.<\/p>

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Providers agree to maintain accurate records related to their listings, Bookings, and compliance with this Agreement. Providers also agree to cooperate with LuxuStars in good faith to resolve any disputes with Travelers or to verify compliance with this Agreement or applicable laws.<\/p>

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Insurance<\/a><\/strong><\/li> <\/ol>
You acknowledge and agree that you are solely responsible for obtaining and maintaining any insurance coverage required by applicable laws or that is appropriate for your Services, including but not limited to liability, property damage, or personal injury insurance.<\/p>

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LuxuStars does not provide insurance coverage for Providers or Travelers unless explicitly stated in separate terms. LuxuStars may, at its discretion, request proof of insurance coverage from you at any time. You are solely responsible for understanding and complying with any insurance policy terms, conditions, and exclusions that may apply to your Services or interactions with Travelers.<\/p>

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LuxuStars may, in the future, introduce or facilitate insurance products for Providers or Travelers, which will be governed by separate terms and conditions.<\/p>

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Customer Service, Complaints, and Resolution Center Escalation

Providers agree to provide second-tier customer service and support to address inquiries, complaints, or disputes escalated by LuxuStars customer support through the LuxuStars Resolution Center, email, or telephone. Providers will respond to and resolve such escalations with the same service level they provide to their best customers, in accordance with industry best practices. Providers agree to treat all Travelers in a nondiscriminatory manner and with professionalism.

Dispute Eligibility and Time Limits

LuxuStars maintains a Resolution Center for dispute management. A dispute may be initiated in the Resolution Center only within the following time limits:

General Disputes (Guests or Providers). For non-damage disputes, including without limitation service quality issues, misrepresentation claims, billing issues, refund requests, policy disputes, or other complaints, the dispute must be submitted within fourteen (14) calendar days after the scheduled end of the applicable reservation, rental, service, or experience (the “General Dispute Window”).

Provider Damage Claims (Special Rule). For disputes submitted by a Provider relating to damage, missing items, excessive cleaning, or similar claims, the dispute must be submitted within fourteen (14) calendar days after the scheduled end of the applicable reservation, rental, service, or experience or before the next guest, renter, or participant begins a subsequent reservation, whichever occurs first (the “Damage Claim Window”).

LuxuStars may reject any dispute submitted outside the applicable window, except where LuxuStars determines, in its sole discretion, that an exception is warranted due to safety concerns, suspected fraud, or legal or regulatory compliance requirements.

Mutual Resolution Period (5 Days)

If a dispute is submitted within the applicable window, LuxuStars will provide both parties up to five (5) calendar days to communicate through the Resolution Center, exchange messages, and submit supporting documentation or evidence in an effort to resolve the matter directly (the “Mutual Resolution Period”). Providers agree to participate in good faith and to provide, upon request, any reasonably necessary information and documentation (including photos, videos, receipts, invoices, and written explanations) within the Mutual Resolution Period.

If a Provider fails to respond to a dispute escalation or fails to provide reasonably requested information within the required timeframes, LuxuStars may proceed with the dispute process and resolution without further Provider input.

Automatic Escalation to LuxuStars Admin Arbitration

If the parties do not resolve the dispute by the end of the Mutual Resolution Period, the dispute will be automatically escalated to LuxuStars Admin Arbitration for review and determination.

LuxuStars Review Period and Final, Binding Decision (7 Days)

Following escalation, a LuxuStars dispute resolution agent will review the dispute based on the messages exchanged, evidence submitted, booking details, and applicable LuxuStars policies. LuxuStars will issue a final and binding decision within seven (7) calendar days of escalation (the “Admin Review Period”). The final decision may include, without limitation: (i) a full refund, (ii) a partial refund, (iii) rebooking or an alternative remedy, or (iv) denial of the request. Both parties will be notified of the decision. No further appeal is permitted within the LuxuStars platform, except where required by applicable law.

LuxuStars may, in its discretion, impose reasonable limits on additional evidence submitted after escalation to LuxuStars Arbitration, including to prevent undue delay or prejudice to either party.

Good Faith Review; Refunds; Payment Withholding and Offsets

LuxuStars will work in good faith with Providers to evaluate and resolve Traveler complaints and disputes on a case-by-case basis. If a Provider fails to respond to a complaint or dispute escalated by LuxuStars within the applicable timelines, fails to cooperate, or fails to provide reasonably requested information, LuxuStars may, in its sole discretion, (a) refund the amount it determines appropriate to the Traveler, and (b) withhold, offset, or deduct such refund amount from current or future payments owed to the Provider. Providers expressly authorize LuxuStars to take such actions as part of the dispute resolution process.

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Content and Intellectual Property<\/a><\/strong><\/li> <\/ol>
You retain ownership of all content you upload or post to the Platform in connection with your listings, including descriptions, photos, pricing information, and other materials (\u201cProvider Content<\/strong>\u201d). <\/span><\/p>

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By uploading or posting Provider Content, you grant LuxuStars a worldwide, royalty-free, non-exclusive, sublicensable license to use, display, reproduce, modify, adapt, distribute, and promote such content for the purpose of operating, marketing, and improving the Platform.<\/p>

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You represent and warrant that you have all necessary rights to upload and grant the licenses to Provider Content and that your content does not infringe upon or violate the rights of any third party.<\/p>

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LuxuStars reserves the right to remove or disable access to any Provider Content that it determines, in its sole discretion, violates this Agreement, applicable laws, or our other policies.<\/p>

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Prohibited Conduct<\/a><\/strong><\/li> <\/ol>
As a Provider, you agree not to, and not to attempt to:<\/p>

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Create false, misleading, or fraudulent listings or make misrepresentations about the nature, quality, availability, or terms of your Services.<\/li>
Circumvent or attempt to circumvent LuxuStars\u2019 payment systems, service fees, or other policies.<\/li>
Harass, threaten, or abuse Travelers, other Providers, or LuxuStars staff.<\/li>
Post or transmit any content that is unlawful, defamatory, obscene, offensive, or infringes upon the rights of others.<\/li>
Misuse the Platform\u2019s communication tools to send unsolicited or irrelevant messages, spam, or marketing materials unrelated to a confirmed Booking.<\/li>
Engage in any activity that could damage, disable, overburden, or impair the Platform or interfere with other users\u2019 enjoyment of the Platform.<\/li>
Violate any applicable laws or regulations in connection with your use of the Platform or the provision of your Services.<\/li>
Collect, use, disclose, or retain Traveler information obtained through the Platform for any purpose other than fulfilling the specific Booking, unless you have the Traveler\u2019s explicit consent, are required to do so by law, or such use is necessary for legitimate post-Booking purposes directly related to the Booking (such as handling complaints, processing refunds, addressing damages, or complying with legal obligations). You must handle all Traveler information in strict accordance with applicable data protection laws and the Platform\u2019s privacy policy. Any misuse, unauthorized disclosure, or improper retention of Traveler information is strictly prohibited.<\/li>
Engage in any conduct, whether or not expressly listed above, that LuxuStars, in its sole discretion, deems to be inappropriate, harmful, or inconsistent with the spirit and intent of the Platform, including any conduct that could negatively affect the reputation, security, or integrity of LuxuStars, Travelers, or other Providers.<\/li> <\/ol>

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LuxuStars reserves the right to investigate and take any appropriate action, including removing listings, suspending or terminating accounts (including immediate suspension for serious violations), or pursuing legal remedies for violations or attempted violations of this section.<\/p>

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Indemnification<\/a><\/strong><\/li> <\/ol>
You agree to defend, indemnify, and hold harmless LuxuStars, its affiliates, directors, officers, employees, and agents from and against any claims, demands, liabilities, damages, losses, costs, or expenses (including reasonable attorneys\u2019 fees) arising out of or in any way connected with:<\/p>

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Your use of the Platform as a Provider, including any listings you create or Services you offer.<\/li>
Your breach of this Agreement or any other applicable policies or terms.<\/li>
Your violation of any law or the rights of any third party.<\/li>
Any claims by Travelers or other third parties arising from or related to your Services, including injuries, damages, cancellations, or disputes.<\/li> <\/ol>

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LuxuStars reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with LuxuStars in asserting any available defenses.<\/p>

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Limitation of Liability<\/a><\/strong><\/li> <\/ol>
You acknowledge that LuxuStars functions solely as an online marketplace and intermediary between Providers and Travelers. LuxuStars does not own, operate, manage, or control any accommodations, vehicles, watercraft, experiences, or other Services offered by Providers through the Platform.<\/p>

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TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUXUSTARS DISCLAIMS AND EXCLUDES ALL LIABILITY FOR ANY DAMAGES, LOSSES, OR INJURIES ARISING FROM OR RELATED TO YOUR LISTINGS, SERVICES, OR INTERACTIONS WITH TRAVELERS, EXCEPT TO THE EXTENT THAT SUCH EXCLUSION IS PROHIBITED BY APPLICABLE LAW.<\/p>

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IN NO EVENT WILL LUXUSTARS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS INTERRUPTION, WHETHER INCURRED DIRECTLY OR INDIRECTLY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.<\/p>

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LuxuStars\u2019 total liability to you for any claim arising out of or relating to this Agreement or your use of the Platform will not exceed, in the aggregate for all claims, the total amount of service fees you have paid to LuxuStars in the 12 months preceding the event giving rise to the claim. Any claim or cause of action you may have against LuxuStars must be brought within twelve (12) months after the event giving rise to the claim, or such claim or cause of action will be permanently barred.<\/p>

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Term and Termination<\/a><\/strong><\/li> <\/ol>
This Agreement will remain in effect until terminated by either you or LuxuStars in accordance with this section.<\/p>

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You may terminate this Agreement at any time by closing your Provider account and ceasing to use the Platform to offer Services.<\/p>

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LuxuStars may suspend or terminate your account and this Agreement at its sole discretion, with or without notice, if we find that you have violated this Agreement, our Terms & Conditions, applicable laws, or if your continued use of the Platform could harm LuxuStars, Travelers, or other Providers.<\/p>

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Termination of this Agreement does not release you from any obligations related to existing Bookings, including fulfilling confirmed reservations or managing cancellations and refunds according to your stated policies. Sections of this Agreement that by their nature should survive termination (such as Indemnification, Limitation of Liability, and Governing Law) will continue to be effective.<\/p>

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Dispute Resolution<\/a><\/strong><\/li> <\/ol>
This Agreement is governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. <\/span><\/p>

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Before initiating any formal dispute proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement, use of the Platform, or any transaction conducted through the Platform through LuxuStars\u2019 internal Resolution Center process. This process requires you to submit your dispute through the Platform and engage in good faith efforts to resolve the matter informally for at least thirty (30) days.<\/p>

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If the dispute is not resolved through the Resolution Center process, it shall be resolved by binding arbitration administered by JAMS<\/span><\/a> in accordance with its Commercial Arbitration Rules and, if applicable, the JAMS<\/span><\/a> Consumer Arbitration Rules. The arbitration will be conducted in English and take place in Wilmington, Delaware, United States, unless you and LuxuStars agree otherwise in writing.<\/p>

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You and LuxuStars agree that any arbitration shall be conducted only in our individual capacities and not as a class action or other representative proceeding. The arbitrator may not consolidate more than one party\u2019s claims and may not otherwise preside over any form of a representative or class proceeding.<\/p>

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You consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware, United States, for any actions that are not subject to arbitration.<\/p>

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This Dispute Resolution section will survive the termination of this Agreement.<\/p>

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Changes to the Agreement<\/a><\/strong><\/li> <\/ol>
LuxuStars reserves the right to modify or update this Agreement at any time in its sole discretion. When we make material changes, we will provide notice by updating the effective date at the top of this Agreement and, where appropriate, by providing additional notice through the Platform or via email.<\/p>

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Your continued use of the Platform to offer Services after any changes to this Agreement constitutes your acceptance of the updated terms. If you do not agree to the updated terms, you must stop using the Platform and close your Provider account.<\/p>

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Miscellaneous<\/a><\/strong><\/li> <\/ol>
17.1 Entire Agreement.<\/strong> This Agreement, together with the LuxuStars Terms & Conditions, Privacy Policy, and any other policies or guidelines referenced herein, constitutes the entire agreement between you and LuxuStars regarding your use of the Platform to offer Services.<\/p>

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17.2 Severability.<\/strong> If any provision of this Agreement is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.<\/p>

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17.3 Assignment.<\/strong> You may not assign or transfer this Agreement, or any rights or obligations hereunder, without LuxuStars\u2019 prior written consent. LuxuStars may assign this Agreement at its discretion without restriction.<\/p>

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17.4 Language.<\/strong> This Agreement may be translated into other languages for convenience. In the event of any conflict or inconsistency between different language versions, the English version shall prevail.<\/p>

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17.5 Force Majeure<\/strong>. Neither party will be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay results from events beyond its reasonable control, including but not limited to natural disasters, government actions, labor disputes, interruptions of internet or payment systems, or other force majeure events.<\/p>
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