Terms & Conditions

TERMS OF SERVICE

Last Updated October 27th 2024


Greetings and thank you for joining us, we are LuxuStars LLC. We appreciate you taking the time to review these terms of service (referred to as the “Terms").

We operate the website https://luxustars.com (the "Site"), the mobile application LuxuStars (the "App"), as well as any other related products and services that refer or link to these legal terms.

We facilitate connections between vendors and users seeking or offering services related to vehicle rentals, watercraft rentals, holiday rentals, medical tourism, as well as tour services and activities.

These Terms are crucial as they, alongside your booking confirmation email (referred to as the "Booking Confirmation"), outline the legal terms governing the provision of Travel Services through our Service. They also encompass any interactions or communications you engage in with us via our Service.

Your use of our Service is contingent upon your acceptance of these Terms. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and LuxuStars LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time, and your future use of our Service following such modifications is contingent upon your acceptance of the updated Terms. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

We advise you to either save or print a copy of these Terms for your reference.

Section 22 of these Terms includes an arbitration agreement that apply to all claims filed against us in the United States. We urge you to carefully review them.

Within these Terms:

"we", "us", or "our" denote LuxuStars LLC, a company registered in Delaware, United States at 8 The Green, Suite R, Dover, DE 19901, the entity providing our Service. Our VAT number is 38-4299887.

"our Group of Companies" encompasses us, along with our subsidiaries and corporate affiliates.

"our Partners" pertains to any affiliated, co-branded, or linked website through which our Group of Companies delivers content or services.

"our Service" “The Services” denotes the provision of our websites, apps, and online tools.

"Travel Provider" signifies the travel supplier offering the Travel Services to you via our Service.

"Travel Services" refers to the travel services provided to you by the relevant Travel Provider(s) through our Service, including stays at properties, boat rentals, car rentals, experiences, etc.

"you" refers to you, the traveler, utilizing our Service or making a booking with our Service.

“Marks” refers to our Brand name “LuxuStars”, Logo and slogan “All You Deserve”.

Please Read These Terms Carefully

  1. Rules and Restrictions
  2. Using Our Services, Our Rules
  3. Term and Termination
  4. Modifications and Interruptions
  5. Corrections
  6. Confirming a Booking
  7. Purchases and Payments
  8. Cancelling or Changing a Booking
  9. Travel Service Specific Terms
  10. Prohibited Activities
  11. User Generated Contributions
  12. Contribution Licence
  13. International Travel
  14. Liability
  15. Reviews, Comments and Photos
  16. General Content Guidelines
  17. Intellectual Property Policy and Notices
  18. Software Available on Our Service
  19. Third-Party Websites and Content
  20. Services Management
  21. Privacy and Personal Information
  22. Dispute Resolution
  23. User Data
  24. Electronic Communications, Transactions and Signatures
  25. California Users and Residents
  26. General
  27. Contact Us

 

Section 1: Rules and Restrictions

In addition to these Terms, other terms and conditions presented by Travel Providers (such as a holiday rental, vehicle or watercraft vehicle rental agreement, etc.) are also applicable to your booking ("Rules and Restrictions").

To proceed with a booking, you must agree to the Rules and Restrictions set forth by the Travel Provider you select (including payment of due amounts, refundability, penalties, availability restrictions, and usage of fares or services, etc.). The relevant Rules and Restrictions are provided to you before completing a booking and are hereby integrated into these Terms by reference.

Failure to comply with a Travel Provider's Rules and Restrictions may result in the cancellation of your booking and denial of access to the relevant Travel Service. Additionally, you may forfeit any funds paid for such booking, and either we or the Travel Provider may charge your account for any expenses incurred due to such violation.

 

Section 2: Using Our Services, Our Rules

We offer our Service to aid you in accessing information about Travel Services and facilitating the booking of those Travel Services. It is provided solely for this purpose and no other.

By using our Service, you agree to the following:

  • You will utilize our Service solely for personal and non-commercial purposes.
  • You will not use the Services for any illegal or unauthorized purpose.
  • your use of the Services will not violate any applicable law or regulation.
  • You must be at least 18 years old and possess the legal authority to enter into contracts.
  • You will employ our Service lawfully and in accordance with these Terms.
  • All registration information provided by you is truthful, accurate, current, and complete.
  • Not to share your phone number with any provider or user.
  • You will maintain the accuracy of such information and promptly update such registration information as necessary.
  • You will not access the Services through automated or non-human means, whether through a bot, script or otherwise.

If you have an account with us, you will:

  • Safeguard your account information.
  • Be accountable for any usage of your account by yourself or others.

If you make bookings on behalf of others:

  • You will obtain their explicit authorization before taking action on their behalf.
  • You will acquaint them with the applicable terms governing the booking (including the Rules and Restrictions) and ensure their agreement to such terms.
  • You are liable for settling any outstanding amounts, initiating any change/cancellation requests, and addressing all other matters related to the booking.

Account

In order to create an account, you must be at least 18 years old and adhere to the account creation guidelines provided on our Service.

You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

The account you establish on our Service enables you to access other websites, applications, tools, and services offered by members of our Group of Companies using the same account credentials, thus creating a "LuxuStars Account". Please be aware that while using your LuxuStars Account, the respective terms of service presented on the websites, applications, tools, and services you utilize will govern your interactions with them.

For instructions on how to delete your account, please log in to your account on our Service and follow the designated account deletion procedure. For additional information regarding your privacy rights, such as deletion or access, kindly refer to our Privacy Statement.

How We Order Your Search Results

To ensure the utmost relevance in your search results, we strive to present a wide array of travel options available through our Service. While the default sort order is displayed on the search results page, you have the flexibility to customize the sorting of your results according to your preferences. Additionally, filter options are provided, allowing you to prioritize results based on criteria such as price, guest review score, or other preferences you may have.

Redirection and Third-Party Booking Services

In instances where you are redirected from our Service to a third-party booking service, such as for medical tourism arrangements, it's important to note that any bookings made through such a service will be directly with the third-party provider and not with us. We bear no responsibility for bookings made through third-party booking services, and we assume no liability to you concerning such bookings. The terms and conditions outlined by the third-party service provider will delineate your rights against them and clarify their liability to you.

Section 3: Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

Section 4: Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

 

Section 5: Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

 

Section 6: Confirming a Booking

Your Booking Confirmation encompasses vital details of your booking, including descriptions of the Travel Service(s) reserved and their corresponding prices.

We will dispatch your Booking Confirmation and any pertinent travel documents to the email address associated with your profile. Should you fail to receive your Booking Confirmation within 24 hours of making your booking, kindly reach out to us for assistance.

 

Section 7: Purchases and Payments

We accept the following forms of payment:

- Visa

- Mastercard

- American Express

- Discover

- PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your booking.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Price

The price of the Travel Service(s) will be as depicted on our Service, except in instances of obvious error.

Prices for Travel Services are subject to fluctuations and can alter at any given time. Any alterations in price will not impact accepted bookings, except in cases of obvious error. We endeavor to ensure the accuracy of displayed prices for the numerous Travel Services featured on our platform. However, we retain the right to rectify any pricing inaccuracies on our Service.

In the event of an obvious error and subsequent booking, we will provide you with the option to uphold your booking by paying the correct price, or alternatively, we will annul your booking without incurring any penalties. We are under no obligation to provide Travel Services to you at an incorrect (lower) price, even after the dispatch of a Booking Confirmation, if the error should have been reasonably apparent to you.

Taxes

The prices presented on our Service may encompass taxes or tax recovery charges, which could involve amounts associated with value-added tax, goods and services tax, sales tax, occupancy tax, and other similar taxes.

Taxes or tax recovery charges are typically calculated or estimated based on the prices showcased on our Service before any discounts (including those provided by us), coupons, or loyalty rewards applicable to your booking, unless these discounts, coupons, and loyalty rewards are deemed as price reductions for tax calculation purposes in the relevant jurisdiction.

You acknowledge that, except as specified below concerning tax obligations on received amounts, including facilitation fees and service fees where applicable as per Section 6A(Stays) below, LuxuStars does not collect taxes for remittance to relevant taxing authorities. The tax recovery charges on Pay Now bookings represent estimated taxes paid by LuxuStars to the Travel Provider for taxes owed on the services rendered by the Travel Provider (e.g., rental rate for the apartment). It's the responsibility of the Travel Providers to remit applicable taxes to the relevant taxing jurisdictions. Taxability and tax rates vary significantly by jurisdiction, and the actual amounts disbursed by LuxuStars to the Travel Providers may deviate from the tax recovery charge amounts, contingent upon prevailing rates, taxability, etc., during the actual utilization of services provided by the Travel Provider.

Sales, use, and/or local occupancy taxes may be levied on the amounts LuxuStars charge for the services they render (service fee and/or facilitation fee) in specific jurisdictions. The actual amount imposed on services provided by LuxuStars might vary depending on the prevailing rates at the time of service provision by the Travel Provider. In certain jurisdictions, LuxuStars is tasked with collecting and remitting sales, use, and/or local occupancy taxes for the entire price, encompassing the sums charged for our services as well as the Travel Services provided by the Travel Provider.

In certain jurisdictions, you may be required to pay local taxes imposed by local tax authorities (such as city taxes or tourist taxes, etc.). LuxuStars or the Travel Provider may levy such local taxes on you. LuxuStars will inform you of any local taxes payable by you prior to completing your booking, provided such taxes have been communicated to LuxuStars by the Travel Provider.

The amount of local taxes may fluctuate between the booking date and the stay date. Should taxes change by your stay date, you may be obligated to settle taxes at the revised rate.

Payment Processing

Our Privacy Statement furnishes details regarding the utilization of your payment and account information when you opt for us to store a credit or debit card, or other payment methods, for future transactions.

Payment Verification

By utilizing our services, you grant LuxuStars authorization to verify your payment method. This may involve obtaining a pre-authorization, charging a nominal fee, or employing other verification methods. Upon successful verification, your payment method will be charged accordingly.

Fees Charged by Banks

Certain banks and card issuers may levy fees for international or cross-border transactions. For instance, if you make a booking using a card issued in a country different from the location of the Travel Provider, or if you opt to transact in a currency that differs from the local currency of our Service, your card issuer might impose an international or cross-border transaction fee.

Additionally, some banks and card issuers impose fees for currency conversion. For instance, if you make a booking in a currency other than the currency of your credit card, your card issuer may convert the booking amount to the currency of your credit card and apply a conversion fee.

If you have inquiries regarding these fees or the exchange rate applied to your booking, please reach out to your bank or card issuer directly. LuxuStars is not affiliated with or responsible for any fees related to fluctuating exchange rates and card issuer charges.

Currency Conversion

Currency conversion rates exhibited on our Service rely on public sources and prevailing exchange rates, which can fluctuate between the time of booking and the time of travel. These rates are presented solely for informational purposes, and while we strive for accuracy, LuxuStars does not warrant the precision of such conversion rates as they are beyond our control.

Fraud

If any booking or account exhibits indications of fraud, abuse, affiliation with a government-sanctioned individual or entity, or other suspicious activities, we reserve the right to request additional information from you.

Upon reasonable determination that a booking or account is linked to fraud, abuse, a government-sanctioned person or entity, or suspicious activities, we may:

  • Cancel any bookings linked to your name, email address, or account.
  • Terminate any associated accounts.
  • Initiate legal proceedings, including seeking to hold you responsible for any resulting losses.

Please liaise with your provider regarding the cancellation of a booking or contact us to initiate the closure of an account.

 

Section 8: Cancelling or Changing a Booking

Cancellation or Changes by You

Cancellations or changes pertaining to a booking, such as alterations to the travel date, destination, starting point of the trip, accommodation, or mode of transportation, can be initiated by directly contacting the provider.

You do not possess an automatic entitlement to cancel or modify a booking unless permitted by the relevant Travel Provider under their Rules and Restrictions, which are furnished to you prior to booking.

Travel Providers may impose fees for cancelling (either in full or in part) or modifying a booking. These fees will be outlined in the Rules and Restrictions, and you agree to bear any applicable charges. Please note that for modifications, the price of your revised arrangements will be determined based on the prevailing price at the time of the request, which may differ from the initial booking. Prices typically escalate closer to the departure date as changes are made.

It is imperative to review the pertinent Rules and Restrictions to ascertain which terms govern your booking. For instance:

If you reserve a stay at a property and fail to cancel or modify your booking within the stipulated cancellation policy period, you may incur cancellation or modification charges as outlined in the Rules and Restrictions.

Certain properties may prohibit cancellations or changes to bookings after they have been confirmed.

In instances where you fail to utilize some or all of the Travel Services booked, refunds may only be applicable in accordance with the relevant Rules and Restrictions.

In cases where a cancellation affects multiple individuals on a booking (e.g., multiple tour tickets under a single reservation), any relevant cancellation charges will be applied individually to each person on the cancelled booking.

If you wish to cancel or modify any aspect of a booking and such actions are permitted by the relevant Travel Provider, we reserve the right to levy an administration fee in addition to any charges imposed by the Travel Provider. If such an administration fee is applicable, you will be notified of the fee prior to confirming the change or cancellation.

Other Cancellations or Changes

We, along with the relevant Travel Provider, reserve the right to cancel your booking if full payment for the booking or any applicable cancellation or change charge or fee relating to a booking is not received by the due date.

There are various reasons why a booking may be cancelled or changed by either the Travel Provider or us. These reasons could include instances where a property is overbooked due to connectivity issues or if a property is closed due to a hurricane, among others. In such cases, we will make reasonable efforts to notify you as soon as possible and provide alternative options or assistance where feasible, or offer a refund.

Refunds

Any refunds will be reimbursed to you via the payment method utilized for the original booking. We do not have insight into the refund procedures of Travel Providers. Our fees are non-refundable unless explicitly stated otherwise during the booking process.

 

Section 9: Travel Service Specific Terms

This section outlines the terms pertinent to the specific Travel Services offered by the Travel Provider. It's important to note that these details are not exhaustive and do not supersede the relevant Rules and Restrictions provided to you prior to making a booking.

Each Travel Service is governed by the applicable Rules and Restrictions set forth by the Travel Provider. Please review this section, which will also be applicable to your booking as appropriate. In the event of any inconsistency between this section and the relevant Rules and Restrictions, the relevant Rules and Restrictions shall take precedence.

A. Stays

Property rates, inclusive of any applicable taxes and fees, are presented to you through our Service under the "Pay Now" option. It's important to note that tax rates and foreign exchange rates may fluctuate between the time of booking and your stay.

Pay Now

If you opt for the "Pay Now" payment option, LuxuStars will charge the total booking amount to your payment method upon booking.

Our group of providers facilitates bookings accessible through our Service. You acknowledge that our providers facilitate such bookings for a fee, termed as the "facilitation fee." The rental rate displayed via our Service comprises the amount charged by the Travel Provider for their property rental services, along with the facilitation fee charged and retained by LuxuStars. Additionally, LuxuStars may impose and retain separate service fees as supplementary compensation for managing your booking, the specifics of which may vary based on the booking amount and type.

By agreeing to proceed with your booking request, you authorize LuxuStars to act on your behalf in facilitating the booking, which includes arranging payment with the Travel Providers. Your payment method will be charged by LuxuStars for the total booking amount, encompassing the property rate displayed through our Service, along with any tax recovery charges and service fees, or applicable taxes on the property rate and/or services provided by LuxuStars.

Deposit

Some Travel Providers may require a payment card or cash deposit upon check-in to cover additional expenses incurred during your stay. It's important to note that such deposits are separate from any payments received by the relevant company for your booking, as outlined in Section 4 (Payment).

First Night No-Show

In the event of a no-show for the first night of your stay booking, but with intentions to check-in for subsequent nights, it is imperative to confirm this arrangement with your host before the original check-in date. Failure to confirm may result in the cancellation of your entire booking. Refunds for no-shows will only be applicable in accordance with the relevant Rules and Restrictions of the property.

Ratings

Ratings displayed on our Service provide an indication of what you can anticipate from properties exhibiting that particular rating level. It's important to recognize that these standards may vary from those in your own country. The ratings displayed on the site do not guarantee or promise any specific feature or amenity. Additional information can be found in the "Amenities" section of the property details page. Please note that these guidelines are subject to change, and LuxuStars cannot guarantee the accuracy of any specific rating displayed on our Service at any given time.

 

B. Vehicles

When collecting your vehicle, you or the designated driver must present a valid credit card. It's essential to verify with the Travel Provider which credit cards they accept, as debit cards are not typically accepted. During the rental period, the Travel Provider may initiate an authorization request to your credit card issuer as a deposit. Ensure that you have an adequate credit limit for this purpose. Some larger car types may necessitate two credit cards.

Failure to adhere to the aforementioned rules may result in the Travel Provider refusing to provide the vehicle, and you may, subject to the Rules and Restrictions, be liable to pay an amount up to the full price of the car rental services.

Supplements

Additional charges may be payable locally to the Travel Provider for various services such as refueling, snow tires, additional driver fees, young driver surcharges, child seats, delivery and collection fees, etc. Neither we nor the Travel Provider are responsible for covering these extra charges. Requests for optional extras, such as child seats, are subject to availability and cannot be guaranteed.

An insurance excess amount may apply in case of theft or damage to the rental vehicle payable by you to the Travel Provider. This amount varies depending on the Travel Provider and rental country. Optionally, you can purchase additional insurance coverage locally to reduce or eliminate the applicable excess. Neither we nor the Travel Provider are responsible for any excess payable or the provision of extra insurance coverage.

Fuel is typically not included in the rental price. In certain countries, Travel Providers may charge for refueling upon vehicle return. Unless otherwise agreed, you must return the rental vehicle to the same branch from which it was collected.

Collection and Use of Rental Vehicles

Drivers usually need to be aged between 18 and 75, although age requirements may vary depending on the Travel Provider and rental country. Additional charges may apply for drivers below 25 or over 70.

Upon collecting the rental vehicle, you or the driver must present a valid full driving license for the vehicle category rented. International rentals may have different license requirements, so it's important to confirm with the Travel Provider. Additional documentation, such as a passport or proof of name and address, may also be required.

Typically, rental cars are not permitted to be taken outside of the rental country or on ferries, and additional restrictions may apply.

Cancellation of Bookings and Unused Rental Days:

No refunds are provided for bookings cancelled within 6 hours of the collection time or for any unused rental days.

 

C. Tours and Experiences

Certain Travel Providers offering Tours and Experiences may mandate that you sign their liability waiver before participating in the Travel Service they provide.

Tours and Experiences Services are typically non-transferable and may not be eligible for refunds or changes unless the Travel Provider cancels such Travel Services.

 

D. Boats and Watercraft's

For the proper utilization of the services provided by LuxuStars and the safety of the crew, you are required to adhere strictly to the following guidelines:

1. Compliance with Captain's Instructions

You and your group must adhere to all instructions provided by the boat's captain at all times.

2. Moderate Alcohol Consumption

Alcoholic beverages are permitted on board, but consumption should be done in moderation without exceeding limits. If consuming alcohol, individuals should refrain from moving around the boat or engaging in water sports.

3. Safety While Boat is in Motion

While the boat's motors are running or the vessel is in motion, individuals on board must refrain from entering the sea, swimming, or engaging in sports activities.

4. Use of Proper Equipment

Proper equipment must be utilized for the practice of nautical sports. Individuals must use suitable equipment for these activities.

5. Purposeful Use of Watercraft’s Facilities

The facilities of the watercraft must be used for their intended purpose, which includes transportation at sea and/or engaging in nautical activities. If the watercraft is hired for the purpose of nautical sports, the provider must be informed accordingly, and individuals must procure all necessary equipment for safe sport participation.

6. Responsibility for Damages

You are accountable for any damages caused to the watercraft due to its misuse and agree to be held liable for them. LuxuStars is not liable for any incidents, accidents, or events resulting from third-party actions or misconduct by customers on or off the boat during the experience.

 

E. Medical Tourism

LuxuStars bears no responsibility for the content of the listings in our Medical Tourism category. We merely showcase the services of these professionals as a courtesy. However, we are not accountable for any negotiations or procedures you may undertake with these professionals.

 

Section 10: Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  1. Engage in any false or fraudulent booking activities.
  2. Utilize any robot, spider, scraper, or other automated means, or any manual process, to access, monitor, or copy any content on our Service.
  3. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  4. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  5. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  6. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  7. Use any information obtained from the Services in order to harass, abuse, or harm another person.
  8. Make improper use of our support services or submit false reports of abuse or misconduct.
  9. Use the Services in a manner inconsistent with any applicable laws or regulations.
  10. "Frame," "mirror," or otherwise integrate any part of our Service into any other website.
  11. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  12. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  13. Delete the copyright or other proprietary rights notice from any Content.
  14. Attempt to impersonate another user or person or use the username of another user.
  15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as"spyware" or "passive collection mechanisms" or "pcms").
  16. Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  18. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  19. Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  20. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  22. Use a buying agent or purchasing agent to make purchases on the Services.
  23. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  24. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

 

Section 11: User Generated Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

 

Section 12: Contribution Licence

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions,

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services.

You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

Section 13: International Travel

International Travel

While most travel proceeds without incident, traveling to certain destinations may carry more risk than others. It's imperative that you review any travel warnings or advice issued by relevant governments before booking international travel. Additionally, it's advisable to monitor such travel warnings or advice during your journey and prior to your return journey to help mitigate any potential disruptions.

Health

Before departure, it's crucial to check the recommended inoculations or vaccinations, as these recommendations may change at any time. It's advisable to consult your doctor before embarking on your journey. You are responsible for ensuring that you:

  • Meet all health entry requirements.
  • Receive the necessary inoculations or vaccinations.
  • Take all recommended medications.
  • Adhere to all medical advice pertaining to your travel.

Passport and Visa

It is essential to consult the relevant Embassy or Consulate for accurate passport and visa information. Requirements may change, so ensure you check for up-to-date information before booking and departure, and allocate sufficient time for all relevant applications. LuxuStars holds no liability if you are denied entry onto a flight or cruise ship (if applicable) or entry into any country due to your conduct, including failure to carry the correct and adequate travel documents required by any Travel Provider, authority, or country (including countries you are transiting through). This includes all stops made by an aircraft or cruise ship (if applicable), even if you do not disembark from the aircraft, airport, or cruise ship.

Some governments mandate airlines to provide personal information about all travelers on their aircraft. This data will be collected either at the airport during check-in or, in some cases, when you make your booking. For any inquiries regarding this matter, please contact the relevant airline you are traveling with.

LuxuStars does not assert or guarantee that travel to international destinations is advisable or devoid of risk, and is not liable for any damages or losses that may occur as a result of travel to such destinations.

 

Section 14: Liability

Our Liability

We own and manage our Service, while the Travel Providers offer the Travel Services to you.

To the fullest extent permitted by law, LuxuStars will not be held liable for:

  • Any Travel Services provided by the Travel Providers.
  • Acts, errors, omissions, representations, warranties, or negligence of any Travel Providers.
  • Personal injuries, death, property damage, or any other damages or expenses resulting from the aforementioned factors.

The Travel Providers furnish us with information delineating the Travel Services, encompassing details, photos, rates, and the pertinent Rules and Restrictions. We exhibit this information through our Service. It is the responsibility of the Travel Providers to ensure the accuracy, completeness, and currency of such information. LuxuStars will not be held liable for any inaccuracies in such information, unless we directly caused such inaccuracies. This also extends to property ratings, which are intended as guidance only and may not be an official rating. LuxuStars makes no guarantees regarding the availability of specific Travel Services.

Photos and illustrations on our Service are provided as a reference to depict the level and type of accommodation only.

For further insights into the content displayed on our Service, please refer to the Content Guidelines.

To the fullest extent permissible by law, except as explicitly outlined in these Terms:

  • All information, software, or Travel Services displayed through our Service are provided without any warranty or condition of any kind. This encompasses, but is not limited to, any implied warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, title, or non-infringement, and LuxuStars disclaims all such warranties and conditions.
  • The exhibition of Travel Services through our Service does not imply an endorsement or recommendation of such Travel Services by LuxuStars. LuxuStars disclaims, to the fullest extent permitted by law, all warranties and conditions that our Service, its servers, or any email sent from us are free of viruses or other harmful components.

To the fullest extent allowed by law and subject to the restrictions outlined in these Terms, LuxuStars shall not be held liable for any direct, indirect, punitive, special, incidental, or consequential losses or damages arising from:

  • The Travel Services.
  • The utilization of our Service.
  • Any delay or inability to use our Service, or your utilization of links from our Service, whether grounded in negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if LuxuStars have been apprised of the likelihood of such damages.

If LuxuStars is deemed liable for any loss or damage under these Terms, then, to the utmost extent allowed by law, we shall solely be liable to you for direct damages that were:

  • Reasonably foreseeable by both you and us.
  • Actually sustained or incurred by you, and
  • Directly traceable to our actions.

In the event of any liability of LuxuStars, such liability will under no circumstances exceed, in total, the greater of:

  1. The cost paid by you for the Travel Services in question, or
  2. One hundred dollars (US$100.00) or the equivalent in local currency.

This limitation of liability represents the distribution of risk between you and us. The limitations outlined in this Section will persist and apply even if any limited remedy specified in these Terms is deemed to have failed its essential purpose. The limitations of liability stipulated in these Terms accrue to the benefit of LuxuStars.

In the event of force majeure, including but not limited to interruptions of communication channels or strikes (by airlines, properties, or air traffic controllers, as applicable), the obligations in these Terms affected by the force majeure event will be suspended. In such instances, the party impacted by the force majeure event will not be held liable due to the inability to fulfill such obligations.

Indemnification

You agree to defend and indemnify LuxuStars, along with any of their officers, directors, employees, and agents, from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature ("Losses"), including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

- Your breach of these Terms or the documents referenced in them.

- Your violation of any law or the rights of a third-party, or

  • Your use of our Service, to the extent that such Losses are not directly caused by the actions of LuxuStars (as applicable).
  • Your violation of the rights of a third party, including but not limited to intellectual property rights.
  • Your Contributions.
  • Any breach of your representations and warranties set forth in these Legal Terms.
  • Any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

Section 15: Reviews, Comments and Photos

We understand the importance of truthful, helpful, and safe content for our traveler community. Therefore, it is essential that any content submitted or contributed by you and other users, including reviews, photos, comments, and listings, adheres to these guidelines. We encourage you to review them carefully, as they are periodically updated, with the last revision date stated at the bottom of this page.

We recognize the significance of reliable reviews for our travelers. Therefore, the reviews you submit to our site must be honest, contain pertinent information reflecting your genuine experience, and adhere to these content guidelines and criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We meticulously moderate all reviews we receive, taking reasonable measures to ensure that only individuals who have booked or provided a travel service, such as a stay, car rental, or activity, can post a review of their experience.

We publish and display all reviews, regardless of whether they are positive or negative, as long as they comply with these guidelines.

Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

Eligibility and Removal of Reviews

To ensure the integrity and credibility of reviews on our platform, we enforce the following eligibility criteria for published reviews:

  1. Submission Deadline: Reviews must be submitted within one month of your stay, car rental, boat rental, or activity.
  2. No Conflict of Interest: You are prohibited from reviewing any property that you have a vested interest in, such as ownership, management, or any other association.
  3. Authenticity: Your review must reflect a genuine experience. If requested, you must furnish satisfactory evidence to support your review. This evidence may include documentation of your stay at the property being reviewed or evidence of being unable to proceed with a stay due to circumstances beyond your control.

Reviews that fail to meet these criteria may be subject to rejection or removal from our site or app. We reserve the right to take appropriate action to maintain the integrity of our review system.

Removal of Reviews

We reserve the right to reject or remove reviews under the following circumstances:

  1. Personal Data Disclosure: Reviews containing personal data about another individual, such as their full name or address, will be rejected or removed.
  2. Fraudulent or Fake Reviews: Any review found to be fraudulent or fake will be removed.
  3. Offensive or Prohibited Content: Reviews containing offensive, unlawful, or prohibited content as outlined in our guidelines will be rejected or removed.

It's important to note that negative reviews are not automatically removed. Additionally, reviews of accommodations where a traveler attempted to stay but was not accommodated, or where a traveler departed earlier than planned, will not be removed from our platform. We prioritize maintaining the integrity and authenticity of reviews while upholding our content guidelines.

Review of Accommodation

When you book accommodations through our platform, you will receive an email or push notification inviting you to review your stay. We may occasionally offer incentives to encourage travelers to complete reviews, such as savings or rewards points vouchers for future trips. It's crucial to us that reviews remain impartial and honest, so these incentives are provided regardless of whether the review is positive or negative. We value your feedback and strive to ensure that your reviews reflect your genuine experiences.

Scoring

To maintain relevance and helpfulness for travelers, we utilize a straightforward scoring system for property reviews, where travelers provide an overall score on a scale of 1 to 5. To calculate the property's review score, we convert all scores received to a scale out of 10. Then, we sum up all the published review scores and divide that by the total number of published review scores.

It's important to note that overall scores are submitted separately by travelers, so they may differ. Additionally, to ensure the continued relevance of reviews, we remove accommodation reviews after three years, except in cases where a property has only a limited number of reviews. This helps maintain the accuracy and usefulness of reviews for our community of travelers.

Partner Responses

Property partners have the opportunity to respond to reviews left by guests. This feature allows them to address any issues raised in the review and highlight any improvements or remedial actions they've taken. However, we do not facilitate direct communication between property partners and reviewers.

If a property partner believes that a review does not meet the criteria and requirements outlined in our guidelines, they can submit a review dispute form through their partner services tools or contact Customer Service. Additionally, we may consider requests from property partners to remove reviews in cases of property ownership changes or major renovations.

It's important to note that we do not share personally identifiable information about review authors or their transactions with property partners, ensuring the privacy and integrity of the review process.

Reviews of Vehicle Rentals

For car rentals booked through our platform, once you've completed your rental, we'll send you an email or push notification asking you to review your experience.

In your review, you'll have the opportunity to rate your experience with both the pickup process and the vehicle itself, indicating whether it was positive or negative.

It's important to note that the overall scores for car rentals are submitted by travellers separately, so there may be variations between ratings for different aspects of the rental experience.

To keep our reviews relevant and useful for travellers, we remove car rental reviews from our platform after 12 months. This ensures that the information provided remains up-to-date and reflective of recent experiences.

Review of Local Activities and Attractions

When you book a local activity or attraction through our platform, you can expect to receive an email or push notification asking you to review your experience afterward.

Your review will contribute to the overall or headline review score, which is calculated as a simple average of all the final scores provided in published reviews for that particular activity or attraction.

This allows other travelers to gauge the overall quality and satisfaction levels of the activity or attraction based on the collective feedback of past participants.

Photo Submission Guidance

When submitting photos, please adhere to the following technical guidelines:

  1. File Format: Photos must be in BMP, PNG, GIF, or JPEG format.
  2. Minimum Dimensions: Each image must be at least 60 pixels tall and 60 pixels wide. This ensures that the photo is clear and visible when displayed.
  3. Content Restrictions: Avoid including logos, titles, branding, promotional material, or any content intended for commercial purposes in your photos. The focus should be on capturing the essence of the experience or location without any marketing elements.

By following these guidelines, you can ensure that your photos contribute positively to the overall user experience on our platform.

 

Section 16: General Content Guidelines

Prohibited Content

To maintain a positive and safe environment on our site and apps, we prohibit certain types of content. Content submitted for publication must adhere to the following guidelines:

  1. Relevance: Ensure that all content is directly related to its intended purpose. For example, property listings should focus solely on the subject property and not include redirects to third-party websites. Your profile description should only pertain to yourself.
  2. Advertising: Content should not serve as advertisements directed towards other users. Avoid promoting alternative properties or services within your submissions.
  3. Legality: Content must not contain unlawful statements, including defamatory content, or any material that violates legal rights or regulations.
  4. Inappropriate Content: Avoid using profanity or sharing objectionable content, including pornographic, obscene, offensive, discriminatory, or threatening material. Content should be suitable for all audiences.
  5. Privacy: Refrain from sharing photos or information about children or third parties without their explicit consent, especially if they are under 18 years of age. Protect personal data and avoid sharing sensitive information like phone numbers, credit card details, or physical addresses.
  6. Pricing Information: Do not include property rates, rate ranges, or other pricing details in reviews.
  7. Formatting Restrictions: Avoid using HTML tags, URLs, or hashtags in your content submissions.
  8. Plagiarism: Do not include quoted material from external sources, such as websites, books, magazines, newspapers, etc.
  9. Intellectual Property: Respect intellectual property rights and do not publish content that infringes on copyright, trademark, or other proprietary rights of others.

Please note that we reserve the right to determine the appropriateness of all content submissions at our discretion. We may choose not to publish or remove any content that violates these guidelines or is deemed inappropriate for any reason.

Guidance on Creating Content

  1. Focus on Your Experience: Share your personal experience honestly and in detail. Provide informative insights that are unique to your experience.
  2. Be Clear and Detailed: Use good grammar, spelling, and ensure your content makes sense. Provide sufficient details to help other users understand your perspective.
  3. Avoid Venting Frustration: Reviews and comments should focus on your experience with the service or property. Avoid using them as a platform to express frustration with the company or service. For assistance, contact Customer Support directly.
  4. Originality: Do not plagiarize content or copy experiences from other sources. Your content should reflect your own experiences and opinions. Avoid copying and pasting from other review sites or travel sources.

By following these guidelines, you can create informative and helpful content that contributes positively to the community.

Content on Our Site

If you come across any content on our site that you believe may be illegal or violates our content guidelines, we encourage you to take action. Here's how:

  1. Contact Customer Support: If you suspect that any content on our site is illegal or breaches our guidelines, please reach out to our Customer Support team. They will investigate the matter promptly and take appropriate action.
  2. Report Concerning Reviews: If you're logged into our site or app, you can report individual reviews by clicking on the "report review" flag provided next to each published review. This will alert our moderation team to review the content and take necessary steps.

Your assistance in maintaining the integrity of our platform is greatly appreciated. Thank you for helping us ensure a safe and trustworthy environment for all users.

 

Section 17: Intellectual Property Policy and Notices

Copyright and Trademark Notices

All contents of our Service are ©2024 LuxuStars, LLC. All rights reserved. LuxuStars, LuxuStars.com, the LuxuStars Logo, The slogan  “All  You Deserve” among others, are trademarks or registered trademarks of LuxuStars, LLC.

Except as set out in this section or elsewhere in our Legal Terms, no part of our Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of our Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@luxustars.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Marks, you must identify us as the owners or licensors of the Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Marks.

We reserve all rights not expressly granted to you in and to the Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than us.

The Google® Translate tool is made available through our Service to enable you to translate content, such as user-generated reviews. The Google® Translate tool uses an automated process to translate text and this may result in inaccuracies. Your use of the Google® Translate tool is entirely at your own risk. We do not make any promises, assurances, or guarantees on the accuracy or completeness of the translations provided by Google® Translate.

Our Service may contain links to websites operated by parties other than us. Such links are provided for your reference only. We do not control such websites and are not responsible for their content or your use of them. Our inclusion of such links does not imply any endorsement of the material on such websites or any association with their operators.

If you are aware of an infringement of our brand, please let us know by emailing us at info@luxustars.com. We only address messages concerning brand infringement at this email address.

Your Submissions and Contributions

Please review this section and the "PROHIBITED CONTENT" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, reviews and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making

Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

  • Confirm that you have read and agree with our "PROHIBITED CONTENT" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • To the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
  • Warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
  • Warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Notifications

We highly value and respect the intellectual property rights of others and expect our suppliers, partners, and users (collectively referred to as "Users") to do the same. As part of our commitment to upholding these rights, we have implemented a strict policy prohibiting Users from posting materials that infringe upon the copyright, trademark rights, or any other intellectual property rights of others.

Under appropriate circumstances, we reserve the right to take action, including terminating the accounts of Users who are repeat infringers.

If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a "Counter Notification"). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

 

Designated Copyright Agent

Fray Forbes

Attn: Copyright Agent

8 The Green

Suite R

Dover, DE 19901

United States

fduffis@luxustars.com

 

Section 18: Software Available on Our Service

Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App: (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VolP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.

Map Terms

The utilization of mapping features accessible through our Service is subject to the Google Terms of Use, Google Acceptable Use Policy, Google Legal Notices, and Google Privacy Statement. Google retains the right to modify their Terms of Use and Privacy Statements at their discretion, without prior notice.

 

Section 19: Third-Party Websites and Content

The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

Section 20: Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

 

Section 21: Privacy and Personal Information

Our dedication lies in safeguarding the privacy, confidentiality, and security of the personal information you entrust to us. We encourage you to carefully examine our present Privacy Statement, which not only dictates your use of our Service but is also integrated into these Terms by reference, to grasp our procedures thoroughly.

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

 

Section 22: Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Delaware.

Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in United States of America, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c)

there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Section 23: User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

Section 24: Electronic Communications, Transactions and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

Section 25: California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Bivd, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or 916) 445-1254.

 

Section 26: General

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

Insurance

Unless specified otherwise, displayed prices do not incorporate travel insurance. It is recommended that you obtain insurance covering potential cancellations and risks, such as repatriation expenses in case of accidents or illness. It is your responsibility to ensure that any insurance policy obtained adequately meets your needs. You may be presented with various travel insurance products. If so, information regarding the insurance provider, pertinent key details, and terms and conditions will be provided on our Service.

Failure to Invoke

Our failure or delay in enforcing any provision of these Terms does not relinquish our right to enforce the same or any other provision(s) of these Terms in the future.

Unenforceable Provisions

If any provision (or part thereof) of these Terms is determined by a court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable, that provision (or part thereof) shall, if necessary, be considered as not forming part of these Terms with you. In such an instance, the validity and enforceability of the remaining provisions shall not be affected.

Entire Agreement

These Terms constitute the entire agreement between you and us regarding our Service, superseding all prior or contemporaneous communications (whether electronic, oral, or written) between you and us concerning our Service.

Assignment

We reserve the right to assign, subcontract, or delegate rights, duties, or obligations under these Terms. However, you may not do so without our explicit consent.

Third-party Rights

Except as expressly stated in these Terms, we do not intend for any part of these Terms to be enforceable by any person who is not a party to them. No third-party consent is required for the waiver, modification, or termination of any part of these Terms. These Terms do not confer any rights under any applicable laws or regulations for third parties to enforce any part of them.

Survival of Obligations

Any provision of these Terms that expressly or inherently imposes obligations beyond the expiration or termination of these Terms shall persist despite such expiration or termination.

 

Section 27: Contact US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

LuxuStars LLC

8 The Green

Suite R

Dover, DE 19901

United States

Phone: +1 (307) 227-6960

Email: info@luxustars.com