Last revised on: April 9, 2014
The websites located at http://www.luxurylink.com/ (“Luxury Link”), and https://www.vacationist.com/ (“Vacationist”) (each, a “Site”) are copyrighted work belonging to Luxury Link LLC (“Company”, “us”, and “we”). The Site provides travel package booking services and other related services (collectively, the “Services”).
BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES. CERTAIN FEATURES OF THE SERVICES OR SITE MAY BE SUBJECT TO ADDITIONAL GUIDELINES, TERMS, OR RULES, WHICH WILL BE POSTED ON THE SERVICE OR SITE IN CONNECTION WITH SUCH FEATURES. ALL SUCH ADDITIONAL TERMS, GUIDELINES, AND RULES ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT. TO THE EXTENT ANY OF SUCH TERMS CONFLICT WITH THE TERMS IN THIS AGREEMENT, THE LATER TERMS SHALL GOVERN.
THESE TERMS REQUIRE THE USE OF ARBITRATION IN SECTION 14.3 ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1.1 Company Accounts. In order to use certain features of the Service (e.g., book a vacation package), you must register for an account with Company (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may not have more than one Account.
2. Travel Specific Terms
2.1 Luxury Link Terms. Luxury Link offers travel packages that include accommodations for a specified number of nights, plus additional amenities such as meals, airport transfers, or activities (“Vacation Packages”). There are three ways to purchase Vacation Packages – “Auctions”, “On Request Offers”, and “Instant Confirmation Offers” (each as described below). All Vacation Packages are subject to the terms below, as well as their specific package details and booking terms and conditions as provided with the Vacation Package description (“Booking Conditions”), e.g., valid travel dates, blackouts, restrictions, and fees (such Booking Conditions are incorporated into this Agreement by this reference). Please also review the Booking Conditions to understand what costs are covered by the Vacation Package.
(i) General Rules. The following terms applies to Auctions. For Auction Vacation Packages, you bid on the Vacation Package without selecting specific travel dates. When you submit an Auction bid, we will ask for your maximum bid and we will automatically bid against other bidders on your behalf, all the way up to your maximum bid. You’ll be prompted to enter your credit card information if we don’t already have it on file. In order to allow everyone a chance to place last-minute bids, all Auction-close-times will automatically extend by 5 minutes should a bid be placed within 5 minutes of the set close time. If you’re the highest bidder at the close of the Auction, you will win the Auction and we will charge your credit card for such bid price and send you a confirmation email. If you win the Auction, you are obligated to purchase the Vacation Package (even though the travel dates are not guaranteed). AUCTIONS ARE NONREFUNDABLE. All Vacation Packages are subject to hotel availability. There is no guarantee that your preferred travel dates are available. All reservations must be made through the Company. The confirmation email will contain a link for you to submit your preferred travel dates within the valid travel period as set forth in the Booking Conditions. Once you submit your preferred dates, if your preferred dates are available, we will secure your reservation on your behalf. If we are unable to secure your preferred dates, you may provide alternate dates or contact the Company concierge to discuss alternative dates that are available.
(ii) Mystery Auctions. The following terms apply to Mystery Auctions (in addition to those in Section (a) above). “Mystery Auctions” are Vacation Package Auctions where the hotel name, location and certain other Vacation Package details are not disclosed. Each week Luxury Link offers Mystery Auctions that last 7 days. Bidding starts at just $1, and incremental bids are also just $1. Notwithstanding Section (a) above, automatic bidding does not apply – if you receive an outbid notice, you must manually update your bid. The hotel name, location, and other Vacation Package details are only revealed to the winning bidder. Promotional Codes may not be used when purchasing a Mystery Auction package.
(b) On Request Offers. The following terms applies to On Request Offers. When you submit a On Request Offer request, we will ask for your preferred travel dates and you’ll be prompted to enter your credit card information if we don’t already have it on file. All Vacation Packages are subject to hotel availability. There is no guarantee that your preferred travel dates are available. We will only charge your card if your preferred dates are available. All reservations must be made through the Company. If your preferred dates are available, we will secure your reservation on your behalf, charge your credit card for the price listed for the On Request Offer, and send you a confirmation email. If your preferred dates are unavailable, we will send you an email to let you know and your credit card will not be charged. When you submit a On Request Offer request, you can also provide alternate dates. Entering alternate dates allows us to check on a second choice should your preferred dates be unavailable (we’ll contact you before booking the alternate dates). ON REQUEST OFFERS ARE REFUNDABLE, but are subject to the specific change/cancellation policies of the hotel (as set forth in the Booking Conditions), and will be less (a) the Company’s service fee of $40 and (b) the Company cancellation fee of $35 (if a cancellation is made more than 15 days prior to check-in) or $100 (if a cancellation is made within 15 days or less of check-in). Your On Request Offer price includes the room rate, tax charges, and Company service fees.
(c) Instant Confirmation Offers. The following terms applies to Instant Confirmation Offers. Hotel partners have provided real time price and availability, guaranteeing that room category for your specific dates. All reservations must be made through the Company. INSTANT CONFIRMATION OFFERS ARE REFUNDABLE, but are subject to the specific change/cancellation policies of the hotel (as set forth in the Booking Conditions), and will be less (a) the Company’s service fee of $40 and (b) the Company cancellation fee of $35 (if a cancellation is made more than 15 days prior to check-in) or $100 (if a cancellation is made within 15 days or less of check-in). Your Instant Confirmation Offer price includes the room rate, tax charges, and Company service fees. Rather than cancel completely, if you wish to reschedule, or change the length of your stay, the prevailing rate for new dates at the time of rebooking will be required and the Hotel’s rebooking policy applied.
(c) Other Reservations. Once you purchase a Vacation Package, your email receipt will confirm the specific items included (e.g., meals, airport transfers, or activities). You are not required to pay the supplier an additional amount for the items included in your Vacation Package, unless otherwise stated in the Booking Conditions. It is your responsibility to contact the supplier directly to coordinate reservation times for these items (e.g., meal reservations, airport transfer times, or spa appointments). Any unused portion of a Vacation Package is not refundable. All Vacation Package inclusions must be used at time of travel, unless otherwise noted.
2.2 Vacationist Booking Terms. Vacationist is provided as a partnership between Company and Travel + Leisure from American Express Publishing Corporation and offers hotel and resort deals on a limited-time basis (“Hotel Deals”), typically lasting between 3-7 days or until sold out. All Hotel Deals are subject to the terms below, as well as their specific Booking Conditions (defined in 2.1). When you submit a Hotel Deal request for an available date, you’ll be prompted to provide your reservation, enter your credit card information if we don’t already have it on file, and we will secure your reservation on your behalf, charge your credit card for the price listed for the Hotel Deal, and send you a confirmation email. All reservations must be made through the Company. HOTEL DEALS ARE NOT REFUNDABLE. The Hotel Deal price includes the room rate, tax charges, and Company service fees.
2.3 Your General Responsibilities. The following terms applies to Luxury Link and Vacationist.
(a) You are responsible for passports, visas, health requirements and travel insurance. Luxury Link is not responsible for researching or obtaining passport, visa, health requirements or travel insurance. You are fully accountable for obtaining all documents and immunizations necessary to complete your travel. Keep in mind that requirements often vary for citizens of different countries. Make sure to gather information well in advance.
(b) A credit card may be required upon check-in to cover any incidental room charges or for security purposes.
(c) Vacation Packages and Hotel Deals are not valid to replace existing reservations, and may not be combined with any other promotions offered by third parties or the supplier itself. Vacation Packages and Hotel Deals may not be resold or transferred without expressed permission from Company.
(d) The retail value listed for a Vacation Package or Hotel Deal (if any) is based on the property’s standard rates (excluding promotions and discounts) at the time we first list the Vacation Package or Hotel Deal (and therefore may not be accurate at later times). The retail value may also differ from day to day within the valid travel period. If you see a retail value on our Site that you think is inflated, please let us know. The amenities, activities and features that Company describes under a property’s general information may not apply to your specific Vacation Package or Hotel Deal (please refer to the specific Booking Conditions).
(e) You agree to abide by the terms and conditions imposed by any supplier with whom you elect to deal, including payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding minimum age, maximum occupancy, pet policies, child policies and use of fares, products, or services. Please contact the supplier directly for these terms and conditions. You agree that any violation of any such supplier’s terms and conditions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
(f) Notwithstanding anything in this Agreement and for the avoidance of doubt, the supplier of the Vacation Package or Hotel Deal (and not the Company) is solely responsible for collecting all applicable taxes and otherwise complying with applicable tax laws in connection with the sale of the Vacation Package and/or Hotel Deal. Such taxes may or may not be included in the Vacation Packages and Hotel Deals (please see the Booking Conditions for more information).
2.4 Other Specific Terms
(a) Refer a Friend Terms. Company may, from time to time, offer Account holders the opportunity to earn credits toward future purchases on the Company Sites (excluding gift cards) when they invite friends to open an Account and those friends make a qualifying purchase (excluding gift cards) within six (6) months of the invitation date. The credit amount per friend is set forth on the applicable Company Site and is subject to change from time to time in Company’s sole discretion. You may only earn credits if you send the invites via Company’s invite mechanisms and your friend follows the directions in the invite. Referral credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expires two (2) years after issuance. Credits may not be exchanged for cash or be refunded. You will only receive one referral credit per friend. If a qualifying purchase is returned, the applicable credit will be deducted from your Account. You may not invite yourself, including by creating multiple Accounts with alternate email addresses, or otherwise attempt to circumvent the referral program. Company reserves the right to deduct from your Account credits that Company suspects were earned in a fraudulent manner or otherwise in violation of this Agreement. The referral credit program is void where prohibited by law. Credits may not be combined with any promotional code or promotional gift certificate.
(b) Promotional Code Terms. From time to time, Company may offer promotional codes. Each promotional code may have its own rules for use in addition to the following. Only one promotional code can be used per purchase. Promotional Codes do not apply to Mystery Auctions. Promotional code may not be combined with any credits, any other promotional codes, or promotional gift certificates. Promotional Codes cannot be applied to past purchases.
3. CERTAIN IMPORTANT DISCLAIMERS AND RELEASES
3.1 THIRD PARTY VENDORS (“VENDORS”), AND NOT THE COMPANY, PROVIDE THE VACATION PACKAGES OR HOTEL DEALS. WE MAKE NO WARRANTIES REGARDING THE VACATION PACKAGES OR HOTEL DEALS OR VENDORS. VACATION PACKAGES OR HOTEL DEALS ARE PROVIDED “AS IS” AND YOU BOOK VACATION PACKAGES OR HOTEL DEALS AT YOUR OWN RISK. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE BOOKING ANY VACATION PACKAGES OR HOTEL DEALS. IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE VACATION PACKAGES OR HOTEL DEALS OR YOUR INTERACTION WITH ANY VENDORS, INCLUDING ANY BODILY INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS. COMPANY’S SOLE ROLE IS TO FACILITATE THE AVAILABILITY OF THE SITE AND SERVICES, INCLUDING THE BOOKING AND PAYMENT SERVICES. YOUR INTERACTIONS WITH VENDORS AND THE TERMS GOVERNING SUCH INTERACTIONS ARE SOLELY BETWEEN YOU AND SUCH VENDOR. IF THERE IS A DISPUTE BETWEEN YOU AND ANY VENDOR, WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED. THE FOREGOING DISCLAIMER SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS IN SECTIONS 11 AND 12.
3.2 You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or transactions with, or act or omission of, the Vendors or you use of any Vacation Package/Deals. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
4. General Payment Terms
5. User Content
5.1 Your User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., photos, reviews, ratings, blog posts, comments, and forum posts). The Site or Service may allow you to submit various User Content. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. You are solely responsible for creating backup copies of your User Content if you desire.
5.2 License to User Content. You hereby grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any business purpose, including for the purpose of including your User Content in any of our Site and Services or our advertisements. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
5.3 Other Users. Each user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content. We are not required to review User Content. We make no guarantees, warranties, or endorsements regarding User Content, including the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. You use all User Content at your own risk.
6. Acceptable Use Policy. The following sets forth Company’s “Acceptable Use Policy”:
6.1 User Content. You agree not to use the Site or Services with any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any laws, or obligations or restrictions imposed by any third party.
6.2 Other Restrictions. You agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services; (h) impersonate any person or entity or falsify or misrepresent yourself or your affiliation with any person or entity; or (i) display, mirror, or frame the Site.
6.3 We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
7.1 License. Subject to the terms of this Agreement, Company grants you a non-transferable, non-exclusive, license to use the Site and Services for your personal use.
7.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
7.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
7.4 Feedback. If you provide Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
7.5 Ownership. Excluding your User Content, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Company or Company’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.
8. Indemnity. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your User Content, (iii) your interaction with any other user, (iv) your violation of this Agreement or applicable laws, and (v) your use of any Vacation Package or Hotel Deal (including any personal injury, death, or property damage or loss). Company reserves 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 with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9. Third Party Sites & Ads. The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Company and Company is not responsible for any Third Party Sites & Ads. Company provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
10. Term and Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our live databases; however we reserve the right to continue to use your User Content. Company will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3, 5, 6, 7.2-7.5, 8, 9, 11, 12, 13, and 14.
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12. Limitation on Liability
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) COMPANY SERVICE FEE AMOUNTS YOU HAVE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
13. Copyright Policy. Company respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Company is:
Luxury Link Travel Group
5510 Lincoln Boulevard., Suite 275
Los Angeles, CA 90094
Email: [email protected]
14.1 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
14.3 Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
(a) Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Company and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, shall exclusively be settled through binding and confidential arbitration.
(b) Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
(c) You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
(d) You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
(e) Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Los Angeles County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Los Angeles County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
(f) With the exception of subparts (1) and (2) in the paragraph 14.3(d) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Agreement, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in the paragraph 14.3(d) (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Los Angeles County, California.
(g) Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided the Company with written notice prior to the date of termination.
(h) For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.
(i) Any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, shall exclusively be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act.
14.4 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign this Agreement. The terms of this Agreement shall be binding upon assignees.
14.5 Copyright/Trademark Information. Copyright © 2013, Luxury Link LLC All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
14.6 Electronic Communications. The communications between you and Company use electronic means, whether you use the Service or send us emails, or whether Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
14.7 Disclosures. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
14.8 License Information. Below is the information for Luxury Link’s registered sales license. Registration as a seller of travel does not constitute approval by the State of California. Luxury Link is a participant in the travel Consumer Restitution Corporation (TCRC).
State of California
Seller of Travel
Registration No: 2056321-40
14.9 Contact Information:
Luxury Link Contact:
Luxury Link Travel Group
5510 Lincoln Boulevard, Suite 275
Los Angeles, CA 90094