Proprietor Terms And Conditions
"Accommodation" luxury business & holiday rental accommodation advertised on the Website via Listings and available to let from Proprietors.
"Accommodation Fees" means the Listing Price (less the Service Fees and any foreign currency deductions) payable to the Proprietor.
"Application" means the application for mobile devices.
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"Listing Price" the price payable for the Accommodation for a particular period as confirmed by the Proprietor prior to booking confirmation.
"Listings" means an advertisement on the Website for an Accommodation.
"Proprietor" means a Registered User who is either the owner of the property advertised on the Website, or a property manager or agent who has the owner’s consent and authority to advertise the Accommodation on the Website.
"Registered User" means a person who completes Luxury Let's account registration process, including but not limited to Proprietors and Visitors.
"Service Fees" means 10% of the Listing Fee payable to Luxury Let (deducted from Listing Fees when Proprietor receives payment).
"Visitor" means a Registered User who requests a booking of Accommodation via the Website or Application or a Registered User who stays at an Accommodation and is not the Proprietor of such Accommodation.
1.2 The Website provides an online platform that connects owners, managers or agents of Accommodations to let with Visitors seeking to let such accommodations (the "Services"). These Services are accessible through the Website and Applications. By using the Website and/or Application, you agree to comply with and be legally bound by these Terms.
1.3 If you do not agree to these Terms, do not continue to use the Website and/or Application. As Proprietor, you warrant to Luxury Let that you are the owner of the Accommodation and/or that you have full title and authority to let the Accommodation on the Website. If the Proprietor is a company, partnership or other entity, a person who uses the Website and/or Application and agrees to these Terms on behalf of the Proprietor hereby confirms that he/she has the power to bind the Proprietor.
1.4 By agreeing to these Terms, you are agreeing that Luxury Let is not a party to any contractual relationship between Proprietors and Visitors. Any additional terms a Proprietor wishes to impose on any Visitor must be dealt with directly between a Proprietor and Visitor and Luxury Let shall have no responsibility for same.
1.5 Proprietors who breach these Terms may have their access and use of the Website and/or Application suspended and their properties removed from the Website at Luxury Let's sole discretion.
2. Account Registration
In order to create a Listing, the Proprietor must register to create an account and become a Registered User. Application can be made directly via the Website.
3.1 Proprietors can agree with Luxury Let to place on the Website an advertisement for Accommodations (each, a "Listing"). The Website, Application and Services are used to facilitate the booking of such Accommodations.
3.2 To create a Listing, Proprietors will be asked a number of questions about the Accommodation to be listed, including, but not limited to, the size, features, location and capacity of the Accommodation.
3.3 Such Accommodations are listed on the Website and Application by Proprietors who use the Website as an online marketplace to meet potential Visitors and arrange for bookings of Accommodations directly with each other.
3.4 Proprietors are required, when a booking is requested via the Website, Application or Services to either confirm or reject the booking request promptly.
3.5 Proprietors are solely responsible for honouring any confirmed bookings and making available any Accommodations reserved through the Website or Application.
3.6 Unless specifically agreed in writing, Luxury Let's responsibilities are limited to facilitating the availability of the Website, Application and Services and operating as a limited payment collection agent for each Proprietor for the purpose of accepting payments from Visitors on behalf of the Proprietor.
4.1 Proprietors can list their properties in exchange for the Service Fee (10% of Listing Price) on every booking sourced through the Website and/or Application. Luxury Let reserves the right to change the level of Service Fee provided it provides the Proprietor with 30 days notice of the new Service Fee being applied. If the Proprietor does not remove his Listings by the time the new Service Fee is applied he/she will be deemed to have accepted the new Service Fee rate.
4.2 The Listing Price must be confirmed to the Visitor and accepted by the Visitor prior to confirmation of the booking.
4.3 Luxury Let will collect the Listing Price at the time of booking confirmation by the Proprietor and will initiate payment of the Accommodation Fees (after deducting Luxury Let's Service Fees) to the Proprietor after 24 hours of the Visitor arriving at the relevant Accommodation, provided a refund is not due to the Visitor. The time it takes for the Proprietor to receive payouts may depend on the method of payment chosen by the Proprietor.
4.4 Any bookings taken within 7 days of the date of stay may be subject to a delay in Luxury Let releasing funds to the Proprietor to ensure secure processing of payments. In such event, the Proprietor may not cancel the Visitor’s booking or deduct from any deposit held.
4.5 The Proprietor agrees to provide only up to date and accurate information in each Listing on the Website and shall not impose different conditions on the Visitor than those set out in the Listing. Breach of this obligation may result in the Proprietor's permanent removal from the Website and Application.
4.6 The Proprietor shall notify the Visitor in advance of any additional security deposits or taxes payable in respect of the Listing. Payment, collection and refunding of any such monies shall be the responsibility of the Proprietor to deal directly with the Visitor.
4.7 Notwithstanding the provisions of this clause 4 a Service Fee of 3% shall be charged by Luxury Let on the cancellation of bookings regardless of the cancellation policy selected by the Proprietor. This will be at the expense of the party Luxury Let deems responsible for the cancellation (Proprietor or Visitor).
4.8 The Proprietors are solely responsible for honouring any confirmed bookings and making available any Accommodations reserved through the Website.
4.9 Luxury Let reserves the right to impose or deduct its reasonable costs in the case of any payments or pay outs being made in a currency other than GBP Sterling.
4.10 Bank charges may be applicable to international bank transfers and may be deducted by the bank post payment. *Please note, costs for international bank transfers will not be covered by Luxury Let.
5. User Profiles
5.1 Proprietors will be provided with a user profile upon registration (the "Dashboard") in which the data he provides will be recorded. The Dashboard is intended to assist Proprietors in managing their Listings through the site.
5.2 Luxury Let does not undertake that the Dashboard or its functions will be free of errors. Proprietors should print a copy of any information they consider important, such as a booking confirmation or receipt of payment.
6. Security Deposits, Taxes and Additional Charges
6.1 Additional charges including but not limited to security deposits and local taxes are to be paid by the Visitor and collected by the Proprietor upon arrival at the Accommodation. Luxury Let is not involved in these transactions in any way. The Proprietor shall act reasonably in all dealings with the Visitor and shall not (i) take unreasonably large deposits nor (ii) unreasonably withhold any refund of a deposit.
6.2 The Proprietor shall ensure that the Visitor is made aware of all or any additional charges that the Proprietor intends to charge (including security deposits or charges) before confirming a booking.
6.3 The Proprietor understands and agrees that he is solely responsible for determining any charges and his/her applicable tax reporting requirements and the taxes that should be included.
6.4 The Proprietor is solely responsible for remitting to the relevant authority any taxes received.
6.5 Luxury Let does not offer tax-related advice to any Registered Users.
8. Rights and Obligations of Luxury Let
8.1 Luxury Let may amend, suspend or discontinue any aspect of the Website or Application at any time, without any prior notice or liability to the Proprietor.
8.2 Luxury Let reserves the right to apply various algorithms or use other methods to optimise search results for its marketplace.
8.3 Luxury Let will, where possible, aim to ensure that maintenance of the Website or Application that causes any such restriction is undertaken at a time when most users' usage is least affected.
8.4 Luxury Let may, at its sole discretion conduct identity checks and ask for proof to establish the existence of Accommodation and/or a Proprietor and ownership. If requested to do so, the Proprietor agrees promptly to supply such proof of identity or of an Accommodation's existence as Luxury Let requests. Each Proprietor acknowledges that failure to comply with any such request constitutes a breach of these Terms.
8.6 Luxury Let reserves the right to transfer these Terms, and to assign or subcontract any or all of its rights and obligations under these Terms, to a third party.
9. Rights and obligations of the Proprietor
9.1 The Proprietor shall submit accurate and truthful particulars about his/her personal identity, payment data and Accommodation offered in Listings.
9.2 The Proprietor warrants that he/she is the registered owner, property manager or agent of the Accommodation and has the right to let the Accommodation in accordance with these Terms and all applicable local and national laws.
9.3 The Proprietor warrants that all of the information provided to Luxury Let is accurate and up-to-date, including, but not limited to any and all representations about any Accommodation, its amenities, location, price, and its availability for a specific date or range of dates.
9.4 The Proprietor undertakes to ensure that the information on the Listing is kept accurate and up-to-date for the entire time the Listing remains on the Website. The Proprietor shall not give misleading particulars about the origin of any information or include details that may conceal the true source of any information.
9.5 Proprietors are solely responsible for ensuring that their Listings do not infringe the law or the rights of any person or entity. Proprietors shall procure that their Accommodation is in good condition throughout and in accordance with all reason able standards one would expect from a luxury/exclusive property.
9.6 Proprietors shall procure that their Accommodations are at all times safe for habitation throughout and secure.
9.7 Listings must not contain false information, personal insults, anything slanderous or defamatory, or anything that infringes copyright or data protection law.
9.8 Proprietors shall at all times respect the privacy of all guests at or within the Accommodation. Proprietors shall, from time to time, review and inspect their Accommodations to ensure that the privacy of all or any Visitors is maintained and respected.
9.9 Photographs included in a Listing should depict the Accommodation as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party.
9.10 You agree that you will protect other users' personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information.
9.11 Proprietors are solely responsible for ensuring the accuracy of listing content and location or geographic descriptions and agree to promptly correct any inaccuracy.
9.12 If any Listing is in breach of these Listings Terms, Luxury Let reserves the right to suspend or terminate the relevant Listing or all Listings associated with the Proprietor.
Luxury Let shall be entitled, at its sole direction to suspend or terminate any Listings immediately and without refund of any fees payable paid by the Proprietor if it determines, or an allegation is made that:
- a) Listings or any content associated with a Proprietor contains any material that infringes any laws, applicable regulations or the rights of any person or entity:
- b) a Proprietor's rental practices are considered unacceptable by Luxury Let;
- c) a Proprietor has misused the Website and/or Application or submitted unsuitable material;
- d) a Proprietor is in material breach of these Terms and any other obligations owed to Luxury Let;
- e) a Proprietor uses a false identity;
- f) a Proprietor has been abusive or offensive any representative of Luxury Let; or
- g) a Proprietor misuses Luxury Let’s systems or communications platforms.
11. Intellectual Property
Luxury Let is the sole Proprietor of its Website and Application. The Website itself and any content that appears on it is protected by copyright. Reproduction of the Website, in whole or in part is prohibited.
12. Proprietary rights to content
All trademarks, service marks, logos, trade names and any other proprietary designations of Luxury Let used herein are trademarks or registered trademarks of Luxury Let.
The Proprietor agrees to indemnify Luxury Let and its respective officers, directors, employees and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees, in any relevant jurisdiction) brought by third parties against Luxury Let alleging or arising out of or in connection with (a) any content or material the Proprietor submits or provides for inclusion on the Website; (b) any use by the Proprietor of the Website; (c) any breach of these Terms on the part of the Proprietor and (d) any other act or omission by the Proprietor in relation to the Accommodation or any Visitor.
14.1 If the Proprietor chooses to use the Website, Application, Services or collective content, he/she does so at their own risk. The Proprietor acknowledges and agrees that Luxury Let does not have an obligation to conduct background checks on any Registered User, including, but not limited to, Visitors and Proprietors, but may conduct such background checks in its sole discretion. The Website, Application and Services are provided "as is", without warranty of any kind, either express or implied.
14.2 The Proprietor is solely responsible for all communications and interactions with other users of the Website, Application or Services and with other persons with whom he/she communicates or interacts as a result of the use of the Website, Application or Services.
14.3 The Proprietor agrees to take reasonable precautions in all communications and interactions with other users of the Website, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Website, Application or Services, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by Luxury Let.
14.4 Notwithstanding Luxury Let's appointment as the limited payment collection agent of the Proprietor for the purpose of accepting payments from visitors on behalf of the Proprietor, Luxury Let explicitly disclaims all liability for any act or omission of any Visitor or other third party.
15. Limited Liability
Luxury Let not be liable for any indirect, consequential, special, incidental loss, or punitive damages arising out of, based on, or resulting from the Website, the Proprietor's use of the Website and/or any transaction between users. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. In all events, the liability of Luxury Let, to the Proprietor or any third party in any circumstance arising out of or in connection with the Website is limited £3,000 in aggregate. Nothing in these Terms shall exclude or restrict Luxury Let's liability for death or personal injury resulting from its negligence or fraud or fraudulent misrepresentation.
16. Applicable law
These Terms are governed by the laws of Northern Ireland. Jurisdiction for any claims arising under this agreement shall lie exclusively with the Northern Irish courts.
If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.