TERMS AND CONDITIONS

 

Please read the Beverly Hills Luxury Management (“BHLM”) Terms and Conditions carefully as they contain important information about your legal rights, remedies  and obligations. By contacting our office or accessing our website or any third party vacation rental or event website or platform to place a reservation with BHLM,  you agree to comply with and be bound by these Terms and Conditions.

 

Please note: Section 19 of these Terms of Service contains an arbitration clause and class action waiver that applies to all renters. If your Country of Residence (as defined below) is theUnited States, this provision applies to all disputes with Beverly Hills Luxury Management LLC (“BHLM”). If your Country of Residence is outside of the United States, this provision applies to any action you bring against BHLM in the United States. It affects how disputes with BHLM are resolved. By accepting these Terms of Conditions, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Last Updated: January 3, 2019

Thank you for using Beverly Hills Luxury Management.

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Beverly Hills Luxury Management (“BHLM”) as defined below, governing your access to and use of the BHLM website, including any subdomains thereof, and any other websites through which BHLM makes reservations available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "BHLM Services"). The Site, Application and BHLM Services together are hereinafter collectively referred to as the “BHLM Platform”. Our Guest Refund Policy, Nondiscrimination Policy and other Policies applicable to your use of the BHLM Platform are incorporated by reference into this Agreement.

Our collection and use of personal information in connection with your access to and use of the BHLM Platform is described in our Privacy Policy. Any and all payment processing services through or in connection with your use of the BHLM Platform ("Payment Services") are provided to you by one or more BHLM Payment Processors (individually and collectively, as appropriate, "Payment Processors") as set out in the Payment Terms of Service (“Payments Terms").

Table of Contents

1.    Eligibility, Member Verification

2.    Modification of these Terms

3.    Reservation Processing

4.    Intellectual Property

5.    Terms specific for Guests

6.    Booking Modifications, Cancellations and Refunds, Resolution Process

7.    Booking Events

8.    BHLM Gift Cards and Travel Credits

9.    Booking Modifications

10.  Rating and Reviews

11.  Damage to Accommodation

12.  Rounding Off

13.  Taxes

14.  Prohibited Activities

15.  Term and Termination

16.  Disclaimers

17.  Liability Limitations

18.  Indemnification

19.  Dispute Resolution

20.  Feedback

21.  Applicable Law and Jurisdiction

22.  General Provisions

1. Eligibility, Placing a Reservation and Guest Verification

1.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the BHLM Platform or register for a BHLM Account. By accessing or using the BHLM Platform or by placing an event or vacation rental reservation with our office, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

1.2  BHLM may make access to and use of the BHLM Platform, or certain areas or features of the BHLM Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a verifying a Guests prior rental history, reservation and cancellation history.

1.3 Guest verification on the Internet or by Telephone is difficult. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Guests to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Guests, (ii) screen Guests against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Guests, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background     or registered sex offender checks in your local jurisdiction (if available).

1.4 The access to or use of certain areas and features of the BHLM Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and Conditions and the terms and conditions applicable to a specific area or feature of the BHLM Platform, these Terms and Conditions will take precedence, unless indicated in writing otherwise.

1.5 If you access or download our upcoming Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the BHLM Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

2. Modification of these Terms and Conditions

2.1 BHLM reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the BHLM Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective.

2.2 If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, or fail to access or review or accept the revised terms, your continued access to or use of the BHLM Platform will constitute acceptance of the revised Terms.

3. Reservation Processing

3.1 If you are placing a reservation for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity.

3.2 You can register a BHLM Account using an email address and creating a case sensitive password.

3.3 You must provide accurate, current and complete information during the reservation process and keep your contact information up-to-date at all times.

3.4 You may place more than one reservation at a time, as long as the dates of each reservation do not overlap.

3.5 You are responsible for maintaining the confidentiality and security of your credentials online. You must immediately notify BHLM if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use. You are liable for any and all activities conducted unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

3.6  To prevent fraud and protect the cardholder, BHLM may require a signed credit card authorization and photographic identification from the Guest at the time of booking.

4. Intellectual Property

4.1 BHLM respects copyright law and expects travelers to do the same. If you believe that any content on the BHLM Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.

5. Terms Applicable to all Bookings

5.1. Subject to meeting any requirements (such as completing any verification processes) set by BHLM, you may place a reservation by contacting BHLM directly, through a third party rental website, or on the BHLM Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your BHLM reservation.

5.2 Upon receipt of a booking confirmation from BHLM, a legally binding agreement is formed between you and BHLM, subject to any additional terms and conditions we may apply, including in particular the applicable cancellation policy and any rules and restrictions specified at the time of placing the reservation. For certain bookings, Guests may be required to pay or have the option to pay in multiple installments.

5.3 If you book on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set forth herein, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions of the property. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors must be accompanied by an adult who is responsible for them.

5.4 BHLM may enable a Guest who is booking a Listing on behalf of one or more additional guests (the “Organizer”) to split the payment of the Total Fees for an eligible booking on a pro-rata basis between the Organizer and at least one other additional guest (each a “Co-Payer”) (the “Group Payment Service”). In order to participate in the Group Payment Service, each Co-Payer must have or register a BHLM Account prior to making a payment. All payments via the Group Payment Service are handled by BHLM Payments and are subject to the Group Payment Terms of Service.

6. Booking Accommodations

6.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by BHLM to enter, occupy and use the Accommodation for the duration of your stay, during which time BHLM or in exigent circumstances the owner or owners representative (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with the agreement.

6.2 You agree to leave the Accommodation no later than the checkout time that BHLM specifies in the Listing or such other time as mutually agreed upon in writing between you and BHLM. If you stay past the agreed upon checkout time without the BHLM’s written consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the BHLM to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by BHLM as a result of such Overstay. If you Overstay at an Accommodation, you authorize BHLM (via BHLM credit card payments) to charge you to collect Overstay Fees. A Security Deposit, as required by BHLM, may be applied to any Overstay Fees due for a Guest’s Overstay.

7. Booking Events

7.1 Before and during an Event or you must at all times adhere to the BHLM Event Policy.

7.2 You may not bring any additional individuals to an Event unless such an individual was added by you as an additional guest during the booking process on the BHLM Platform. During an event, bedroom suites are not provided for use, unless specifically paid additionally and reserved. The rental fees for the unauthorized use of a bedroom suite during an event are as follows: 

 

The Presidential Suite is at the rental rate of $3,500 per day, whereas all other bedroom suites (Crystal Diamond Suite, Poolside Suite, Executive Suite and others) are each individually charged at the rental rate of $2,500 per suite,   per day.

7.3 The amount of guests listed on the reservation, is the total, all inclusive, amount of guests allowed during the event, inclusive of all vendors which includes, without limitation, valet parking attendants, catering and wait staff, event personnel and security and cannot be modified, increased or altered after check-in.

7.4 The rental venue fee is calculated exclusively based on the number of guests at the event. In the event the Guest exceeds the total all-inclusive guests (inclusive of all vendors, third parties, and employees of the Guest) in violation of these Terms and Conditions, the Guest authorizes BHLM to charge the credit card number on file, or deduct from the security deposit additional rent based on the total number of additional guests in excess of the maximum guests listed on the reservation.

7.5 Reservations booked as a vacation rental strictly prohibit events. In the event, that the Guest hosts an event during a vacation rental, the security deposit shall be forfeited and the Guest will be charged a $15,000 surcharge for hosting an event, up to 200 guests, in addition to the vacation rental fee paid. If the event exceeds 200 guests, the fee will increase based on the total number of guests.

7.6 In the event the excess Guest charge exceeds the security deposit withheld, or in circumstances when the additional rental payment and insurance cannot be charged to the credit card on file, or in the event of a serious violation of our Event Policy, at BHLM sole discretion we may shut down the Guest’s event, which would result in the immediate forfeiture of the security deposit, with no refund of any rental payment made. Additionally, the Guest shall remain liable for excess rent regardless of whether the event is shut down for a breach of these Terms.

8. BHLM Gift Cards and Travel Credits

8.1 BHLM Gift Cards or Travel Credits may be redeemed for eligible bookings via the BHLM Platform as specified in the terms and conditions provided with the BHLM Credit. You may only redeem BHLM Gift Cards or Travel Credits after the BHLM Gift Cards or Travel Credits are reflected in your BHLM Account and an email confirmation is provided accordingly.

9. Booking Modifications, Cancellations and Refunds, Resolution Center

9.1 Guests are responsible for any modifications to a booking that they make via the BHLM Platform or direct BHLM customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, BHLM Fees or Guest Fees and/or Taxes associated with such Booking Modifications.

9.2 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and BHLM will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by BHLM Payments pursuant to the Payment Terms.

9.3 If BHLM cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, BHLM may allow the Guest to apply the refund to a new booking, in which case BHLM Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Reservations shall not be cancelled unless BHLM has a valid reason for cancelling the booking pursuant to BHLM Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.

9.4 In certain circumstances, BHLM may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in the BHLM Extenuating Circumstances Policy or (i) where BHLM believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to BHLM, Guests, third parties or property, or (ii) for any of the reasons set out in these Terms.

9.5 If, the Guest cancels a confirmed booking or BHLM decides that it is necessary to cancel a confirmed booking, BHLM may issue a refund to the Guest in accordance with the Guest Refund Policy, Extenuating Circumstances Policy.

9.6 Whilst BHLM may, as it’s sole discretion make a good faith attempt to locate alternative accommodation or re-book the Guest, BHLM is under no obligation to provide replacement accommodation on refunded or cancelled reservations.

9.7 Except as otherwise set out in these Terms, Guests may use the Resolution Center to send or request money for refunds, or remit Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your reservation, and BHLM Payments will handle all such payments.

10. Ratings and Reviews

10.1 Within a certain timeframe after completing a booking online or through the BHLM website, Guests can leave a public review (“Review”) and submit a star rating (“Rating”) on the BHLM website about each other. Ratings or Reviews reflect the opinions and do not reflect the opinion of BHLM. Ratings and Reviews are not verified by BHLM for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with BHLM Content Policy and Extortion Policy.

10.3 The parties are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another.

 

10.4 Ratings and Reviews may form part of the BHLM public profile and may also be surfaced elsewhere other rental platforms (such as online rental website listings) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

11. Damage to Accommodations, Disputes between Members

11.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, (excluding BHLM employees, agents or representatives or if exigent circumstances exist, the property owner of their authorized representatives).

11.2 If BHLM claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), BHLM can seek payment from you through the Resolution Center. If BHLM escalates a Damage Claim, you will be given an opportunity to respond. If you agree to pay BHLM, or BHLM determines in its sole discretion that you are responsible for the Damage Claim, BHLM Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payment Terms. BHLM also reserves the right to otherwise collect payment from you and pursue any remedies available to BHLM in this regard in situations in which you are responsible for a Damage Claim.

11.3 Guests agree to cooperate with and assist BHLM in good faith, and to provide BHLM with such information and take such actions as may be reasonably requested by BHLM, in connection with any Damage Claims or other complaints or claims made by BHLM relating to (i) Accommodations or Events or any personal or other property located at an Accommodation, (ii) Experiences or (iii) a Group Payment Booking. A Guest shall, upon BHLM's reasonable request, participate in mediation or a similar resolution process, which process will be conducted by BHLM or a third party selected by BHLM or its insurer, with respect to losses for which BHLM is requesting payment from the Guest.

11.4 If you are a Guest, you understand and agree that BHLM may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation without limitation to amounts paid by BHLM). You agree to cooperate with and assist BHLM in good faith, and to provide BHLM with such information as may be reasonably requested by BHLM, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as BHLM may reasonably request to assist BHLM in accomplishing the foregoing.

12. Rounding off

12.1 BHLM generally supports payment amounts that are payable from or to Guests to the smallest  unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where BHLM’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, BHLM may, in its sole discretion, round up or round down amounts that are payable from or to Guests to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, BHLM may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.

13. Taxes

13.1 BHLM shall comply with any obligation to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").

13.2 Tax regulations may require third party websites (such as AirBnB, or HomeAway) to collect appropriate Tax information from Guests and charge additional taxes in addition to the rental amount stated on the listing advertisement.

13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Accommodation is located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").

13.4 In certain jurisdictions, BHLM may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance these Terms ("Collection and Remittance") if such jurisdiction asserts BHLM or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize BHLM (via BHLM or Airbnb Payments) to collect Occupancy Taxes from Guests at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by BHLM will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where third party websites are already facilitating Collection and Remittance, BHLM shall not collect any Occupancy Taxes being collected by Airbnb or Homeaway or any other third party rental website, relating to their Accommodations in that jurisdiction.

13.5 You agree that any claim or cause of action relating to BHLM's facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by BHLM in connection with facilitation of Collection and Remittance, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by BHLM from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

 

13.6 BHLM reserves the right, with prior notice, to cease the Collection and Remittance in any jurisdiction for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.

14. Prohibited Activities

14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the BHLM Platform. In connection with your use of the BHLM Platform, you will not and will not assist or enable others to:

• breach or circumvent any applicable laws or regulations, agreements with third-parties, third party rights, or our Terms, Policies or Standards;

• use the BHLM Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies BHLM endorsement, partnership or otherwise misleads others as to your affiliation with BHLM;

• copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the BHLM Platform in any way that is inconsistent with BHLM’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;

• use the BHLM Platform in connection with the distribution of unsolicited commercial messages ("spam");

• unless BHLM explicitly permits otherwise, book any Listing if you will not actually be using the property yourself;

• contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the BHLM Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;

• use the BHLM Platform to request, make or accept a booking independent of the BHLM Platform, to circumvent any Service Fees or for any other reason;

• request, accept or make any payment for Listing Fees outside of the BHLM Platform or BHLM Payments.

If you do so, you acknowledge and agree that you:

(i)   would be in breach of these Terms;

(ii)  accept all risks and responsibility for such payment, and

(iii) hold BHLM harmless from any liability for such payment;

• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;

• use, display, mirror or frame the BHLM Platform or Collective Content, or any individual element within the BHLM Platform, BHLM's name, any BHLM trademark, logo or other

proprietary information, or the layout and design of any page or form contained on a page in the BHLM Platform, without BHLM's express written consent;

• dilute, tarnish or otherwise harm the BHLM brand in any way, including through unauthorized use of Collective Content, registering and/or using BHLM or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to BHLM domains, trademarks, taglines, promotional campaigns or Collective Content;

• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the BHLM Platform for any purpose;

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by BHLM or any of BHLM's providers or any other third party to protect the BHLM Platform;

• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the BHLM Platform;

• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the BHLM Platform;

• export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or

• violate or infringe anyone else’s rights or otherwise cause harm to anyone.

 

14.2 You acknowledge that BHLM has no obligation to monitor the access to or use of the BHLM Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the BHLM Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist BHLM in good faith, and to provide BHLM with such information and take such actions as may be reasonably requested by BHLM with respect to any investigation undertaken by BHLM or a representative of BHLM regarding the use or abuse of the BHLM Platform.

14.3 If we that any Traveler or Guest(s), whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, or (ii) engages in cyber-crime or any other inappropriate conduct, without limitation assault, battery or any variation thereof, we may immediately report such person to the appropriate authorities. You agree that any report we make will not obligate us to take any action (beyond that required by law, if any).

 

14.4 In the event the Guest(s) commit a serious violation of these Terms and Conditions or engage in prohibited conduct during the stay, including without limitation, (i) unlawful or illicit drug use, (ii) assault and battery, including without limitation sexual assault, (iii) excessive noise including without limitation disturbing the peace (iv) drunkenness, (v) smoking (see our Brush Fire Prevention Policy) (vi) brings an animal onto the rental property without prior written approval (excluding service dogs disclosed to BHLM prior to check-in) (vii) provides alcohol to a minor or has law enforcement called to the rental property during the stay for any allegation or investigation of Guest(s) or vendors of the Guest(s) for any form of misconduct that is investigated by law enforcement, BHLM may, at our sole discretion, terminate the reservation, require all occupants to immediately vacate the. premises with forfeiture the security deposit and no refund of rental paid.

 

15. Term and Termination, Suspension and other Measures

15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or BHLM terminate the Agreement in accordance with this provision.

 

15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your BHLM Account, as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of our cancellation policy.

15.3 Unless your Country of Residence is the United States, without limiting our rights specified below, BHLM may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

15.4 BHLM may immediately, without notice, terminate this Agreement and/or stop providing access to the BHLM Platform if (i) you have materially breached your obligations under these Terms, the Payment Terms our Policies or Standards (ii) you have violated applicable laws, regulations or third party rights, or (iii) BHLM believes in good faith that such action is reasonably necessary to protect the personal safety or property of BHLM, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

15.5 In addition, BHLM may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payment Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the BHLM Account registration, (iv) you at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received verified and authentic poor Ratings or Reviews or BHLM otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or damaged property, or (vii) BHLM believes in good faith that such action is reasonably necessary to protect the personal safety or property of BHLM, its Members, or third parties, or to prevent fraud or other illegal activity:

• refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;

• cancel any pending or confirmed bookings;

• limit your access to or use of the BHLM Platform;

• temporarily or permanently revoke any special status associated with your BHLM Account;

• temporarily or in case of severe or repeated offenses permanently suspend your BHLM Account and stop providing access to the BHLM Platform.

 

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by BHLM and an opportunity to resolve the issue to BHLM's reasonable satisfaction.

 

15.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

15.7 When this Agreement has been terminated, you are not entitled to a restoration of your BHLM Account or any of your Member Content. If your access to or use of the BHLM Platform has been limited or your BHLM Account has been suspended or this Agreement has been terminated by us, you may not register a new BHLM Account, place a new reservation with BHLM or access and use the BHLM Platform through an BHLM Account of another Members.

16. Disclaimers

16.1 If you choose to use the BHLM Platform or Collective Content, you do so voluntarily and at your sole risk. The BHLM Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

 

16.2 You agree that you have had whatever opportunity you deem necessary to investigate the BHLM Services, laws, rules, or regulations that may be applicable to your reservation and that you are not relying upon any statement of law or fact made by BHLM relating to a Listing.

 

16.3 If we choose to conduct identity verification or background checks on any Guest, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Guest or guarantee that a Guest will not engage in misconduct in the future.

 

16.4 You agree that some Events may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Events. You assume full responsibility for the choices you make before, during and after your participation in an Event. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Event and to the maximum extent permitted by law, you agree to release and hold harmless BHLM from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Event or in any way related to your reservation.

16.5 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

17. Liability

17.1 Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the BHLM Platform and Collective Content, your stay at any Accommodation, participation in any Experience or Event or use of any other Host Service, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither BHLM nor any other party involved in creating, producing, or delivering the BHLM Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the BHLM Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the BHLM Platform, or (iv) from the publishing or booking of a Listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not BHLM has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms or an approved payment request, in no event will BHLM’s aggregate liability arising out of or in connection with these Terms and your use of the BHLM Platform including, but not limited to, the advertisement of any Listings via the BHLM Platform, or from the use of or inability to use the BHLM Platform or Collective Content and in connection with any Accommodation, Vacation Rental or Event, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the BHLM Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by BHLM to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between BHLM and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect BHLM liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

18. Indemnification

18.1 You agree to release, defend (at BHLM’s option), indemnify, and hold BHLM and its affiliates and subsidiaries, including but not limited to, BHLM Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the BHLM Platform or any BHLM Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) BHLM’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.

19. Dispute Resolution and Arbitration Agreement

19.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) Country of Residence is in the United States; or (ii) your Country of Residence is not in the United States, but bring any claim against BHLM in the United States (to the extent not in conflict with Section 21).

19.2 Overview of Dispute Resolution Process. BHLM is committed to participating in a consumer friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with BHLM and (2) a binding arbitration administered by FairClaims (disputes up to $15,000) and the American Arbitration Association (“AAA”) (disputes over $15,000) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). 

 

Specifically, the Consumer Arbitration Rules provide:

• Mediation requests can be filed with FairClaims online (www.fairclaims.com);

• Claims up to $15,000 can be filed with FairClaims online (www.fairclaims.com);

• Claims in excess of $15,000 can be filed with AAA online (www.adr.org);

• Arbitrators must be neutral and no party may unilaterally select an arbitrator;

• Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;

• The initial filing fee is paid equally;

• The consumer gets to elect the hearing location and can elect to participate live, by phone,

video conference, or, for claims under $15,000, by the submission of documents;

• The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

• Collection action for non-payment of rent may be concurrently filed in the Los Angeles Superior Court, as required by law.

19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and BHLM each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact BHLM by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with FairClaims for disputes less than $15,000, or the AAA for disputes exceeding $15,000, a written Demand for Arbitration (available at www.adr.org) served upon the other party, as specified in the AAA Rules.

 

19.4 Agreement to Arbitrate. You and BHLM mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the BHLM Platform, the Group Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and BHLM agree that the arbitrator will decide that issue.

19.5 Exceptions to Arbitration Agreement. You and BHLM each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.

19.7 American Arbitration Association have jurisdiction for all disputes.

19.8 AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

19.9 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, BHLM agrees that any required arbitration hearing shall be conducted via phone or video conference.

19.10 Modification of AAA Rules - Attorney’s Fees and Costs. You and BHLM agree that each party will split arbitration fees equally. If the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, the aggrieved party may seek damages and attorney fees and may have legal rights to file a protective order as provided under applicable law and the AAA rules.

19.11 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

19.12 Jury Trial Waiver. You and BHLM acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

19.13 No Class Actions or Representative Proceedings. You and BHLM acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and BHLM both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.

19.14 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

 

19.15 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if BHLM changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of BHLM’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and BHLM in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).

19.16 Survival. Except as provided in Section 19.14 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the BHLM Platform or terminate your BHLM Account.

20. American Arbitration Association - Binding Arbitration Clause

20.1 Notwithstanding the provisions of Section 19.7, if a dispute arises from or relates to any BHLM reservation or these Terms and Conditions or any breach thereof exceeding $15,000, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to these Terms and Conditions, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

20.2 The arbitration shall be governed by the laws of the State of California. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrators may determine how the costs and expenses of the arbitration shall be allocated between the parties, but they shall not award attorneys' fees. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. Notwithstanding any language to the contrary in the contract documents, the parties hereby agree: that the Underlying Award may be appealed pursuant to the AAA's Optional Appellate Arbitration Rules ("Appellate Rules"); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the three arbitrator appeal tribunal may be entered in any court having jurisdiction thereof.

21. Feedback

21.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the BHLM Platform ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the BHLM Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

21.2 Applicable Law and Jurisdiction

21.3 These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in Los Angeles, California. You and we both consent to venue and personal jurisdiction in Los Angeles, California.

22. General Provisions

22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between BHLM and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between BHLM and you in relation to the access to and use of the BHLM Platform.

22.2 No joint venture, partnership, employment, or agency relationship exists between you and BHLM as a result of this Agreement or your use of the BHLM Platform.

22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

22.5 BHLM's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

 

22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without BHLM's prior written consent. BHLM may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

22.7 Unless specified otherwise, any notices or other communications to Travelers/Guests permitted or required under this Agreement, will be provided electronically and given by BHLM via email, BHLM Platform notification.

22.8 If you have any questions about these Terms please email us at the following email: reservations@beverlyhillsluxurymanagement.com.

Beverly Hills Luxury Management ("BHLM") | Terms and Conditions |  Copyright 2017 | All Rights Reserved.