Payments Terms of Service
If your country of residence is within the European Economic Area (“EEA”), Switzerland or the United Kingdom, the Payments Terms of Service for European Users apply to you.
If your country of residence is outside of Australia, the EEA, Switzerland and the United Kingdom, the Payments Terms of Service for Non-European Users apply to you.
If your country of residence or establishment is within Australia, the Payments Terms of Services for Australian Users apply to you.
Payments Terms of Service for Users outside of Europe, UK and Australia
If you reside in, or the organization you are acting for is established in, the United States, the arbitration agreement and class actions waiver in Section 15 apply to you. Please read them carefully.
Last Updated: January 25, 2024
These Payments Terms of Service for users outside of the UK, Europe and Australia (“Payments Terms”) are a binding legal agreement between you and LuxeHome Payments that govern the Payment Services (defined below) conducted through or in connection with the LuxeHome Platform. When these Payments Terms mention “LuxeHome Payments,” “we,” “us,” or “our,” it refers to the LuxeHome Payments company you are contracting with for Payment Services.
LuxeHome Payments provides payments services to Members publishing, offering and booking Accommodations, Experiences or other Host Services, including services in connection with the Open Homes Program and other current and future services provided via the LuxeHome Platform. These payment services are provided for the benefit of Hosts and may include (if available) the following (collectively, “Payment Services”):
- Collecting payments from Guests (“Payin”), by charging the payment method associated with their LuxeHomeaccount, such as credit card, debit card, bank account or PayPal account, digital wallet or installments product provided by a credit provider (“Payment Method”);
- Effecting payments to Hosts (“Payout”) to a financial instrument associated with their LuxeHomeaccount, such as a PayPal account, bank account, a prepaid card, or a debit card (“Payout Method”);
- Effecting payments to a third-party Payout Method designated by a Host;
- Collection and payment of charitable donations;
- Other payment related services in connection with Host Services.
In order to use the Payment Services, you must be at least 18 years old, must have an LuxeHome account in good standing in accordance with the LuxeHome Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.
Payment Services will be provided by the contracting entity based on your country of residence subject to any exceptions described below:
COUNTRY OF RESIDENCE | CONTRACTING ENTITY |
United States | LuxeHome Payments, Inc. (“LuxeHome Payments US”) |
China (for purposes of these Payments Terms does not include Hong Kong, Macau and Taiwan) (hereinafter “China”) | LuxeHome Payments UK Ltd. (“LuxeHome Payments UK“) |
India | LuxeHome Payments India Pvt. Ltd. (“LuxeHome Payments India”) except: o when you book a Host Service outside of India; or o when you create a Listing outside of India, in which case you are contracting with LuxeHome Payments UK. Notwithstanding anything to the contrary in this table, if you create a Listing in India, the following rules apply: · if you accept a booking from a Guest who is a resident of India, regardless of your country of residence, you are contracting with LuxeHome Payments India; and · if you accept a booking from a Guest who is not a resident of India, regardless of your country of residence, you are contracting with LuxeHome Payments UK. |
Brazil | LuxeHome Plataforma Digital Ltda. (“LuxeHome Brazil“) |
All other countries | LuxeHome Payments UK |
If you change your country of residence, the LuxeHome company you contract with and the applicable version of the Payment Terms will be determined by your new country of residence from the date on which your country of residence changes. Please note, however, that the LuxeHome Payments company with whom you contract will stay the same for all bookings made prior to your change of residence.
The Terms separately govern your use of the LuxeHome Platform. Capitalized terms not defined in these Payments Terms have the meaning ascribed to them in the Terms.
Table of Contents for Users outside of Europe, UK and Australia
- Your use of the Payment Services
- Guest Terms
- Host Terms
- Appointment of LuxeHomePayments as Limited Payment Collection Agent
- General Terms
- Damage Claims and Damage Amounts
- Abandoned Property
- Prohibited Activities
- Force Majeure
- Disclaimers
- Liability
- Indemnification
- Modification, Term, Termination, and other Measures
- Governing Law and Dispute Resolution
- United States Arbitration Agreement
- Miscellaneous
- Additional Clauses for Users Contracting with LuxeHomePayments UK
- Additional Clauses for Users Contracting with LuxeHomeBrazil
- Additional Clauses for Users that are Businesses
- Contacting LuxeHomePayments
1. Your use of the Payment Services
1.1 LuxeHome Payment Services.
By using the Payments Services, you agree to comply with these Payments Terms. LuxeHome Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. LuxeHome Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. LuxeHome Payments will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
1.2 Third Party Services.
The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. LuxeHome Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by LuxeHome Payments of those Third-Party Services.
1.3 Your LuxeHome Account.
LuxeHome Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your LuxeHome account. You may authorize a third party to use your LuxeHome account if the feature is enabled for your LuxeHome account. You acknowledge and agree that anyone you authorize to use your LuxeHome account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
1.4 Identification and Verification.
You authorize LuxeHome Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide, and if applicable, verifying the identity of the representative(s) and beneficial owner(s). This may include (i) screening you and, if applicable, your representative(s) and beneficial owner(s) against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you and, if applicable, your representative(s) and beneficial owner(s) to provide a form of government identification (e.g., driver’s license or passport) to check your name, place and date of birth, your address, nationality and/or other information which we deem necessary under applicable laws; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). LuxeHome Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms.
Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2. Guest Terms
2.1 Adding a Payment Method.
When you add a Payment Method to your LuxeHome account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to LuxeHome Payments or its third-party payment processor(s). You authorize Airbnb Payments and its payment service providers to collect and store your Payment Method information.
2.2 Payment Method Verification.
When you add or use a new Payment Method, LuxeHome Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your LuxeHome account so it can be used for a future transaction. You may not remove the Payment Method associated with a reservation during the period commencing from the date of your booking and ending fourteen (14) days following your check-out date, nor during any additional period of time needed to resolve any outstanding Damage Claim associated with such booking. When you add or use your bank account as a Payment Method (as available in the US), your bank account must be able to accept debits denominated in USD.
2.3 Payment Authorization.
You allow LuxeHome Payments to charge your Payment Method (including charging more than one Payment Method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your LuxeHome account, including Damage Claim amounts in accordance with the Terms and with Section 6. When you pay using your bank account, you authorize LuxeHome Payments to debit your bank account according to the payment schedule shown at checkout. You also authorize LuxeHome Payments to further debit or credit your bank account to correct any erroneous debit, make necessary adjustments to your payment, or to issue a refund back to your bank account.
2.4 Automatic Update of Payment Method.
If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
2.5 Timing of Payment.
LuxeHome Payments generally charges the Total Price due after the Host accepts your booking request. LuxeHome may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the LuxeHome Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If LuxeHome Payments is unable to collect the Total Price due, as scheduled, LuxeHome Payments will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
2.6 Currency.
2.6.1
The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence, and/or your LuxeHome Payments contracting entity(ies). Any such limitations will be communicated via the LuxeHome Platform, and you will be prompted to select a different currency or Payment Method if your preferred currency is not available.
2.6.2
Note that if the country in which your LuxeHome Payments contracting entity is located is different than the country of your Payment Method provider, or your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside of your country of residence. As a result, your Payment Method provider may impose certain fees and the amount listed on your Payment Method statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method’s billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. LuxeHome Payments is not responsible for any such fees and disclaims all liability in this regard. Please contact your Payment Method provider if you have any questions about these fees or any exchange rate imposed by your Payment Method provider.
2.7 Booking Request Status.
If a requested booking is declined because it is not accepted by the Host, you cancel the booking request before it is accepted by the Host, or LuxeHome cancels the booking, any amounts collected by LuxeHome Payments and due to you pursuant to the policies described in Section 5.5, will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable) in accordance with Section 5.5.2
2.8 Payment Restrictions.
LuxeHome Payments reserves the right to decline or limit payments that we believe (i) may violate LuxeHome Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, LuxeHome, LuxeHome Payments, or others to risks unacceptable to LuxeHome Payments.
2.9 Payment Service Providers.
Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and LuxeHome Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
2.10 Your Payment Method, Your Responsibility.
LuxeHome Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
3. Host Terms
3.1 Payment Collection.
LuxeHome Payments generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise.
3.2 Valid Payout Method.
In order to receive a Payout you must have a valid Payout Method linked to your LuxeHome account. When you add a Payout Method to your LuxeHome account, you will be asked to provide information such as name, government identification, tax ID, billing address, and financial instrument information either to LuxeHome Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information LuxeHome Payments requires for a valid Payout Method may change, and LuxeHome Payments may request additional information at any time; failing to provide requested information may result in LuxeHome Payments temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize LuxeHome Payments to collect and store your Payout Method information in accordance with LuxeHome’s Privacy Policy. LuxeHome Payments may also share your information with governmental authorities as required by applicable law.
3.3 Timing of Payout
3.3.1
Subject to and conditional upon successful receipt of the payments from Guest, LuxeHome Payments will generally initiate Payouts to your selected Payout Method: (i) for Accommodations, 24 hours after the Guest’s scheduled check-in time (or 24 hours after 3:00 pm local time – or 3:00 pm UTC if local time is unknown – if the check-in time is flexible or not specified); (ii) for Experiences, 24 hours after the start of the Experience; and (iii) for all other Host Services, at the time specified via the LuxeHome Platform. For Accommodation bookings of twenty-eight (28) nights or more, LuxeHome Payments will generally initiate the first payout 24 hours after the Guest’s scheduled check-in time, and will initiate future payouts every 30 days after the initial payout, for the duration of the reservation.
3.3.2
LuxeHome Payments may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. The time it takes to receive Payouts once released by LuxeHome Payments may depend upon the Payout Method you select.
3.4 Payout.
Your Payout for a booking will be the Total Price less applicable fees like LuxeHome service fees and applicable taxes, and any amounts you agree to allocate to any co-host, or the owner(s) of an Accommodation, a homeowners’ association, and/or their agent (such as a building operator or property management company). In the event of cancellation of a confirmed booking, LuxeHome Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions.
LuxeHome Payments may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify requested information. Furthermore, LuxeHome Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Payout Currency.
LuxeHome Payments will remit your Payouts in the currency you select via the LuxeHome Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your LuxeHome contracting entity(ies). Any such limitations will be communicated via the LuxeHome Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and LuxeHome Payments is not responsible for any such fees and disclaims all liability in this regard.
3.7 Limits on Payouts.
For compliance or operational reasons, LuxeHome Payments may limit the amount of a Payout. If you are due an amount above that limit, LuxeHome Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.8 Payment Service Providers.
Payout Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and LuxeHome Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use from such third-party payment service providers. Please review them before using your Payout Method.
3.9 Handling of Funds.
LuxeHome Payments may combine amounts that it collects from Guests and invest them as permitted under applicable laws. LuxeHome Payments will retain any interest it earns on those investments.
3.10 Your Payout Method, Your Responsibility.
LuxeHome Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
4. Appointment of LuxeHome Payments as Limited Payment Collection Agent
4.1
Each Host, including each Host Team member, hereby appoints LuxeHome Payments as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.
4.2
Each Host, including each Host Team member, agrees that payment made by a Guest through LuxeHome Payments, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that LuxeHome Payments may refund the Guest in accordance with the Terms. Each Host understands that LuxeHome Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. LuxeHome Payments guarantees payments to Host(s) only for such amounts that have been successfully received by LuxeHome Payments from Guests in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, LuxeHome Payments assumes no liability for any acts or omissions of the Host.
4.3
Each Guest acknowledges and agrees that, notwithstanding the fact that LuxeHome Payments is not a party to the agreement between you and the Host(s), including each Host Team member, LuxeHome Payments acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to LuxeHome Payments, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and LuxeHome Payments is responsible for remitting the funds successfully received by LuxeHome Payments to the Host(s) in the manner described in these Payments Terms. In the event that LuxeHome Payments does not complete the provision of the Payment Services and remit any such amounts, the Host(s) will have recourse only against LuxeHome Payments and not the Guest directly for the failure on the provision of the Payment Services.
5. General Terms
5.1 Fees.
LuxeHome Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the LuxeHome Platform.
5.2 Payment Authorizations.
You authorize LuxeHome Payments to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging or debiting the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your LuxeHome account (unless you have previously removed the authorization to charge or debit such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize LuxeHome Payments to collect from you:
- Any amount due to LuxeHomeor LuxeHome Payments (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Host or user of the LuxeHome Platform), including reimbursement for costs prepaid by LuxeHome or LuxeHome Payments on your behalf. Any funds collected by LuxeHome Payments will deduct the amount owed by you to LuxeHome or LuxeHome Payments and extinguish your obligation to LuxeHome or LuxeHome
- Any amount due to a Host from a Guest which LuxeHomecollects as the Host’s payment collection agent as further set out in Section 4 above.
- Taxes, where applicable and as set out in the Terms.
- Any amount you pay through the Resolution Center in connection with your LuxeHome
- Any Damage Claim amounts owed to LuxeHomeor LuxeHome Payments in accordance with the Terms and Section 6.
- Overstay penalties payable under the Terms, including any cost and expenses incurred in collecting the overstay penalty.
- Any service fees or cancellation fees imposed pursuant to the Terms(e.g., if, as a Host, you cancel a confirmed booking).
- Any amounts already paid to you as a Host despite a Guest canceling a confirmed booking or LuxeHomedeciding that it is necessary to cancel a booking in accordance with the Terms, Rebooking and Refund Policy, Experiences Guest Refund Policy, Major Disruptive Events Policy, Luxe Rebooking and Refund Policy, or other applicable cancellation policy. You agree that in the event you have already been paid, LuxeHome Payments will be entitled to recover the amount of any such guest refund from you, including by subtracting such refund amount out from any future Payouts due to you.
If you owe an amount at any time after a booking, such as with Payment Plan or Recurring Payment charges, Booking Modifications, resolution center payments, or Damage Claims (“Additional Amounts”), you authorize LuxeHome Payments to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part. LuxeHome Payments will notify you in writing before any Additional Amounts are charged.
If your Payment Method associated with the relevant booking is determined to be expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts. You authorize LuxeHome Payments to charge or debit the Payment Method related to your booking again or use any other Payment Method on file associated with your LuxeHome account, if available, to collect such Additional Amounts. Your bank may charge you an overdraft or other fees for each payment failure. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you.
If LuxeHome has reason to believe that you as a Host participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and LuxeHome Payments released the payout for such stay, LuxeHome Payments may recoup from you such amount by reducing, deducting or debiting the amount from any future Payouts owed to you.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Luxehome Payments collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5.3 Collections
5.3.1
If LuxeHome Payments is unable to collect any amounts you owe under the Terms and these Payments Terms, LuxeHome Payments may engage in collection efforts to recover such amounts from you.
5.3.2
LuxeHome Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after LuxeHome Payments first attempts to charge or debit your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Host’s LuxeHome account or the associated services have been provided, whichever is later.
5.3.3
LuxeHome Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges or debits, after LuxeHome Payments first attempts to charge or debit your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s LuxeHome account or the associated services have been provided, whichever is later.
5.3.4
You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to LuxeHome and/or LuxeHome Payments by you. Such communications may be made by LuxeHome, LuxeHome Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors
5.4.1
LuxeHome Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by LuxeHome Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, deducting and/or debiting the amount of such funds from any future Payouts owed to you.
5.4.2
To the extent you receive any funds in error, you agree to immediately return such funds to LuxeHome Payments.
5.5 Refunds
5.5.1
Any refunds or credits due to a Member pursuant to the Terms, Major Disruptive Events Policy, Rebooking and Refund Policy, and Experiences Guest Refund Policy will be initiated and remitted by LuxeHome Payments in accordance with these Payments Terms.
5.5.2
Subject to this Section 5.5.2, LuxeHome Payments will initiate the refund process immediately. In case of a cancellation by Host, LuxeHome Payments will hold the funds for up to 72 hours until the Guest is either refunded or the Guest directs LuxeHome to use the funds to rebook with another Host. In certain instances, the refund process may include the option to receive credit in lieu of a cash refund; if this option is made available to you, the timing of your refund will be communicated via the LuxeHome Platform. The time it takes to receive any cash refund or for any pre-authorization of your Payment Method to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, LuxeHome Payments will initiate and process the refund as soon as is practicable.
6. Damage Claims and Damage Amounts
6.1
If you are responsible for Damage Claim amounts, pursuant to Section 15 of the Terms, LuxeHome via LuxeHome Payments may charge the Payment Method used to make the booking or any other payment method on file in your LuxeHome account at the time of the Damage Claim or reasonably thereafter in order to collect Damage Claim amounts, up to a maximum amount as defined in Section 15 of the Terms. To facilitate this charge, when you book a Listing, you are agreeing that LuxeHome via LuxeHome Payments may charge the Payment Method used to book the Listing in order to collect Damage Claim amounts.
6.2
You agree that LuxeHome Payments may seek to recover from you under any insurance policies you maintain and that LuxeHome Payments may also pursue against you any remedies it may have available, including, but not limited to, referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to a Damage Claim, or payment requests made by Hosts under the Host Damage Protection.
7. Abandoned Property
If LuxeHome Payments holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.
8. Prohibited Activities
8.1
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations;
- breach or circumvent any agreements with third parties, third-party rights, or the Terms, Additional Legal Terms, Policies, or Standards;
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
- register or use any Payment Method or Payout Method with your LuxeHomeaccount that is not yours or you do not have authorization to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by LuxeHomePayments or any of LuxeHome Payments’ providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
8.2
We are required to act in accordance with our internal policies and the laws of various jurisdictions relating to the prevention of money laundering and the implementation of sanctions including: (i) economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the U.S. government, including those administered by the Office of Foreign Asset Control or the U.S. Department of State; or (ii) by the United Nations Security Council, the European Union or His Majesty’s Treasury of the United Kingdom. You will comply with any relevant financial sanctions and any relevant export control laws applicable to you and to your local jurisdiction.
9. Force Majeure
LuxeHome Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from abnormal or unforeseeable circumstances outside the reasonable control of LuxeHome or LuxeHome Payments, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
10. Disclaimers
10.1
If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
10.2
Notwithstanding LuxeHome Payments’ appointment as the limited payment collection agent of Hosts pursuant to Section 4, LuxeHome Payments explicitly disclaims all liability for any act or omission of any Member or other third party. LuxeHome Payments does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
10.3
If we choose to conduct identity verification on any Member, 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 Member or guarantee that a Member will not engage in misconduct in the future.
10.4
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
11. Liability
11.1
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 Payment Services remains with you. If you permit or authorize another person to use your LuxeHome account in any way, you are responsible for the actions taken by that person. Neither LuxeHome Payments nor any other party involved in creating, producing, or delivering the Payment Services 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 Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not LuxeHome Payments 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 Payments Terms or an approved payment request under the Host Damage Protection or Japan Host Insurance, in no event will LuxeHome Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the LuxeHome 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 LuxeHome Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) 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 LuxeHome Payments 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 LuxeHome Payments’ 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.
12. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at LuxeHome Payments’ option), indemnify, and hold LuxeHome Payments and its affiliates and subsidiaries, 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 Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.
13. Modification, Term, Termination, and other Measures
13.1 Modification.
Except as otherwise required by applicable law, LuxeHome Payments may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the LuxeHome Platform and update the “Last Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective. If you are contracting with LuxeHome Payments UK, you will receive at least two (2) months advance notice. If you do not terminate your agreement before the date the revised Payment Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.
13.2 Term.
This agreement between you and LuxeHome Payments reflected by these Payment Terms is effective when you create an LuxeHome account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.
13.3 Termination.
You may terminate this agreement at any time by sending us an email or by deleting your LuxeHome account. Terminating this agreement will also serve as notice to cancel your LuxeHome account pursuant to the Terms. Without limiting our rights specified below, LuxeHome Payments may terminate this agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address (or two (2) months’ prior notice for Members contracting with LuxeHome Payments UK). LuxeHome Payments may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) LuxeHome Payments believes in good faith that such action is reasonably necessary to protect other Members, LuxeHome, LuxeHome Payments, or third parties.
13.4 Suspension and Other Measures.
LuxeHome Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if LuxeHome Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of LuxeHome, its Members, LuxeHome Payments, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method
13.5 Appeal.
If LuxeHome Payments takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service.
13.6 Effect of Termination.
If you cancel your LuxeHome account as a Host or LuxeHome Payments takes any of the measures described above, LuxeHome Payments may provide a full refund to any Guests with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your LuxeHome account as a Guest, LuxeHome Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new LuxeHome account or attempt to access and use the Payment Services through an LuxeHome account of another Member.
13.7 Survival.
Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement.
14. Governing Law and Dispute Resolution
14.1
If you are contracting with :uxeHome Payments US, these Payments 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. Legal proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 15 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
14.2
If you are contracting with LuxeHome Payments UK, these Payments Terms will be interpreted in accordance with English law. If you are acting as an individual consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As an individual consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a competent court in England. If LuxeHome wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.
14.3
If you are contracting with LuxeHome Payments India, these Payments Terms will be interpreted in accordance with the laws of India. Any dispute arising from or in connection with these Payments Terms must be submitted to the International Chamber of Commerce (“ICC”) for arbitration in New Delhi, which shall be the seat and venue of arbitration. Such arbitration shall be conducted in accordance with the arbitration rules of the ICC in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which LuxeHome Payments may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of India or any other laws that may apply to you. In the event one or more of the parties to the dispute are non-resident, the parties agree to exclude (for the avoidance of any doubt) the applicability of the provisions of Part I (save and except Section 9, Section 27, Section 37(1)(a) and Section 37(3) thereof) of the Indian Arbitration and Conciliation Act 1996 to any arbitration under this section. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties. Each party shall bear its own costs in relation to the arbitration.
14.4
If you are contracting with LuxeHome Brazil, these Payments Terms will be interpreted in accordance with the laws of Brazil. If you are acting as a consumer, judicial proceedings that you are able to bring against us arising from or in connection with these Payments Terms may only be brought in a court located in the city of Sao Paulo, State of Sao Paulo, Brazil or in a court with jurisdiction in your place of residence. If you are acting as a business, you agree to submit to the exclusive jurisdiction of a court located in the city of Sao Paulo, State of Sao Paulo, Brazil.
15. United States Arbitration Agreement
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND LUXEHOME PAYMENTS AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.
15.1 Application.
This Arbitration Agreement only applies to you if you are contracting with LuxeHome Payment US. If you are not contracting with LuxeHome Payments US, and you nevertheless attempt to bring any legal claim against LuxeHome Payments in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 15 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
15.2 Overview of Dispute Resolution Process.
LuxeHome Payments is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payment Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with LuxeHome’s customer service team (described in Section 15.3), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and LuxeHome Payments each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration
15.3 Mandatory Pre-Arbitration Dispute Resolution and Notification.
At least 30 days prior to initiating an arbitration, you and LuxeHome Payments each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice”) and attempt in good faith to negotiate an informal resolution of an individual claim. You must send your Pre-Dispute Notice of dispute to LuxeHome Payments by mailing it to LuxeHome Payments’ agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. LuxeHome Payments will send its Pre-Dispute Notice to the email address associated with your LuxeHome account. A Pre-Dispute Notice must include: the date, your name, mailing address, your LuxeHome username, the email address you used to set up your LuxeHome account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 15.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.
15.4 Agreement to Arbitrate.
You and LuxeHome Payments mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and LuxeHome Payments agree that the arbitrator will decide that issue. For the avoidance of doubt, you and LuxeHome agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 15, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved by an arbitrator.
15.5 Exceptions to Arbitration Agreement.
You and LuxeHome Payments each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 15): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (ii) a request for the remedy of public injunctive relief; (iii) any claim or cause of action for vexatious litigation; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the LuxeHome Platform or Host Services. You and LuxeHome Payments agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
15.6 Arbitration Forum, Rules and Governing Law.
This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, Inc. (“ADR”) (www.adrservices.com) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules“) (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com. If an arbitration demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the arbitrator (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. If the AAA cannot and will not administer the arbitration, you and LuxeHome Payments shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or LuxeHome Payments may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.
15.7 Modification to Arbitration Rules – Arbitration Hearing/Location.
In order to make the arbitration most cost-effective, efficient, and convenient to you, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in San Francisco County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.
15.8 Modification of Arbitration Rules – Arbitration Fees and Costs.
Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules. and the ADR Services fee schedule (available at www.adrservices.com). If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide LuxeHome Payments with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, LuxeHome Payments will pay your share of any arbitrator fees.
15.9 Modification of Arbitration Rules – Claims Brought for an improper Purpose or in Violation of This Arbitration Agreement.
Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous., As allowed by applicable law and the AAA Rules the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.
15.10 Arbitrator’s Decision.
The arbitrator will issue a written decision which shall 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 any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
15.11 Jury Trial Waiver.
You and LuxeHome Payments acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.
15.12 No Class Actions or Representative Proceedings.
You and LuxeHome Payments acknowledge and agree that, to the fullest extent permitted by law, 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 or consolidated proceeding. Unless we agree in writing or as provided in this agreement, 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 there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
15.13 Mass Action Waiver.
You and LuxeHome Payments acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and LuxeHome Payments agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 15 and 15.12 of these Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or LuxeHome Payments from participating in a mass settlement of claims.
15.14 Modification of Arbitration Rules – Mass Action Batching Requirements.
If for any reason, notwithstanding Section 15.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the forgoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections 14 and 15.12 of these Terms.
15.15 Modifications of Arbitration Rules – Offers of Judgment.
At least 10 days before the date set for the arbitration hearing, you or LuxeHome Payments may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.
15.16 Severability.
Except as provided in Section 15.12, 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 will be given full force and effect.
15.17 Amendment to Agreement to Arbitrate.
If LuxeHome Payments amends this Section 15 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject the change by sending us written notice no later than thirty (30) days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your LuxeHome username, the email address you used to set up your LuxeHome account, your signature, and an unequivocal statement that you want to opt out of the amended Section 15. You must either mail your notice to this address: 888 Brannan St, San Francisco, CA 94103, Attn: Arbitration Opt-Out, or email the opt-out notice to [email protected]. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and LuxeHome Payments (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and LuxeHome Payments.
15.18 Survival.
Except as provided in Section 15.16 and subject to Section 13.7, this Section 15 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your LuxeHome account.
16. Miscellaneous
16.1 Interpreting these Payments Terms.
Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between LuxeHome Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between LuxeHome Payments and you regarding the Payment Services. If any provision of these Payments 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.
16.2 No Waiver.
LuxeHome Payments’ failure to enforce any right or provision in these Payments 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 Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
16.3 Assignment.
You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without LuxeHome Payments’ prior written consent. LuxeHome Payments may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice (or two (2) months’ prior notice for Members contracting with LuxeHome Payments UK).
16.4 Notices.
Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by LuxeHome Payments via email or LuxeHome Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which LuxeHome Payments transmits the notice.
17. Additional Clauses for Users Contracting with LuxeHome Payments UK
The following paragraphs will apply if you are contracting with LuxeHome Payments UK. To the extent that there is any conflict between this Section 17 and any other provisions of these Payment Terms, the provisions of this Section 17 shall apply.
17.1 Payment Service User
17.1.1
The Payment Services include the payment collection service provided to Hosts contracting with LuxeHome Payments UK. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations and for these purposes LuxeHome Payments UK treats Hosts as the “payment service user.”
17.1.2
By agreeing to these Payments Terms you as a Host have consented to LuxeHome Payments UK’s payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 3.3. LuxeHome Payments UK will be deemed to have received the Host’s payment order to the Host on the same date LuxeHome Payments UK agrees to initiate the Payout in accordance with Section 3.3
17.1.3
LuxeHome Payments UK will endeavor to ensure that Hosts based in the UK will receive each Payout by the end of the business day following LuxeHome Payments UK’s initiation of the Payout.
17.1.4
Communication. LuxeHome Payments will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address.
17.2 Diverted Payouts and Complaints
17.2.1
If you as a Host believe or become aware that a Payout properly due to you has been or may be diverted without your authorization (“Diverted Payout”) because your password or other credentials to log into your LuxeHome account (“Credentials”) have been lost or stolen or misappropriated, you should notify LuxeHome Payments UK (see Section 20 for details on how) without undue delay on becoming aware of the loss, theft, or misappropriation of your Credentials or of the unauthorized use of your Credentials or access to your LuxeHome account.
17.2.2
If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method (including where there has been a Diverted Payout), LuxeHome Payments UK will (if requested by you without undue delay, on becoming aware of the unauthorised or incorrectly executed Payout and in any event within 13 months of it happening) make immediate efforts to trace the payment and will notify you of the outcome. Subject to Section 17.2.3, unless we can prove that (i) the Payout was received by you via your chosen Payout Method, or (ii) we made the Payout correctly using the Payout Method information you provided but the information you provided was incorrect, we will refund the amount. Where you have given us incorrect information we will not be liable for the defective or non-execution of the Payout, however, we will make reasonable efforts to recover the Payout funds.
17.2.3
You must use your Credentials in accordance with these Payment Terms and take all reasonable steps to keep your Credentials safe. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials including the loss of a mobile phone on which you have installed the Application or where you have failed to keep your Credentials safe, up to a maximum of £35. This will not apply if the loss, theft or misappropriation of your Credentials was not detectable by you prior to the Payout, unless you acted fraudulently or the loss was caused by acts or omissions of LuxeHome personnel or a service provider. You may, however, be liable for all losses relating to a Diverted Payout if we can show that you acted fraudulently or where, with intent or gross negligence, you failed to use the LuxeHome Platform and/or Payment Services in accordance with the Terms or these Payment Terms (including the obligation to keep your Credentials safe). Except where you have acted fraudulently, you will not be liable for any losses incurred in respect of a Diverted Payout arising after notification by you of the loss, theft, or misappropriation of your Credentials or of the unauthorized use of your Credentials, where we have failed at any time to provide appropriate means for such notification, or where we do not require strong customer authentication, where required.
17.2.4
Any complaints about the Payment Services should be made to LuxeHome Payments UK (see Section 20 for details on how). If you are not happy with the outcome of a complaint and you as a Host have received regulated Payment Services from LuxeHome Payments, UK, you may also be able to refer your complaint to the Financial Ombudsman. All complaints to the Financial Ombudsman Service are subject to the rules of the Financial Ombudsman Service, including in relation to eligibility requirements. The UK Financial Ombudsman Service offers a free complaints resolution service to individuals, micro-enterprises, small charities, and trustees of small trusts. You may obtain further information regarding the Financial Ombudsman Services and contact details at: http://www.financial-ombudsman.
17.3 For Hosts and Guests with Mexico As Country of Residence
If Mexico is your country of residence, (i) upon successful receipt of payment from the Guest following a Host’s acceptance of the Guest’s booking request, LuxeHome Payments generally holds such funds due to the Host in temporary custody until it is released to the Host in accordance with Section 3.3.1, and (ii) the payment to the Host will be effective only upon the start of the Host’s Services and in accordance with Section 3.3.1. LuxeHome may be required to withhold taxes per applicable local laws, and such taxes will be due upon LuxeHome Payment’s release of the Host Payout.
The Host acknowledges that LuxeHome Payments is acting as a payments collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services and paying any applicable taxes due in Mexico, including VAT, on the Host’s behalf.
18. Additional Clauses for Users Contracting with LuxeHome Brazil
The following paragraph will apply if you are contracting with LuxeHome Brazil:
18.1 Installment Feature for Users with Brazil As Country of Residence
Section 2, “Guest Terms”, shall be amended by adding the following subsection: “You acknowledge that if your country of residence is Brazil and you are paying by credit card, you may pay for your booking in multiple installments as long as your credit card supports installments and is issued in Brazil. The number of installments may vary, but will be presented to you before you complete your booking transaction. You acknowledge that the Total Price may be increased when you choose to pay for your booking in installments as a result of expenses related to the use of credit card and/or other forms of installment plans (“Installment Fee”). You agree that you are solely responsible for the payment of the Installment Fee, and LuxeHome Brazil is only responsible for collecting and transferring those amounts to the applicable third-party payment service provider. You authorize the applicable third-party payment service provider to automatically charge the original Payment Method you used to make the booking.. Your use of the installment feature may be subject to additional terms and conditions imposed by the applicable third-party payment service provider. If your booking is canceled for any reason, the Installment Fee will be refunded to the Payment Method you used to make the booking. If you make a modification to a booking payable in installments, and the Booking Modification lowers your Total Price, you will not be refunded any portion of the Installment Fee. Refunds will be initiated and remitted by LuxeHome Payments in accordance with these Payments Terms.”
18.2
Depending on the country of residence of guests and hosts, payments due to hosts and applicable fees like LuxeHome service fees may require the execution of foreign exchange agreements or other related measures, as per applicable legislation.
18.3
If you are a resident in Brazil and make a booking with a Host residing outside of Brazil using local currency, by using the Payment Services you acknowledge and agree that LuxeHome Brazil acts as a payment collection agent of the Host residing outside of Brazil. LuxeHome Brazil is also the entity with whom you are contracting for the use of the LuxeHome Platform, as set forth in the Terms.
18.4
You authorize LuxeHome Brazil, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), tax ID, your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). LuxeHome Brazil reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
18.5
When processing payments from a Member, LuxeHome Brazil (and/or third parties contracted by you or by LuxeHome Brazil on your behalf) may retain and/or report to the competent authorities (when applicable) information relating to the Member and/or the respective transaction to comply with applicable legislation and certain regulatory controls, and prevention of money laundering activities.
18.6
For Guests and Hosts contracting with LuxeHome Brazil, all references in this Payments Terms to LuxeHome, LuxeHome Payments or LuxeHome Platform shall be deemed to refer to LuxeHome Brazil.
19. Additional Clauses for Users that are Businesses
The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
19.1
You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.
19.2
You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
19.3
You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.
19.4
If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with LuxeHome for Work, as permitted by your account, you authorize LuxeHome Payments to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.
19.5
For any Payout Method linked to your LuxeHome account, you authorize LuxeHome Payments to store the Payout Method, remit payments using the Payout Method for bookings associated with your LuxeHome account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
19.6
If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp.
20. Contacting LuxeHome Payments
You may contact LuxeHome Payments regarding the Payment Services using the information below:
ENTITY | CONTACT INFORMATION |
LuxeHome Payments, Inc. | 888 Brannan Street San Francisco, CA 94103 United States of America +1 (844) 234-2500 |
LuxeHome Payments UK Ltd. | Please contact LuxeHome Customer Service if you need assistance with updating your personal or business information or if you would like to make a complaint about our Services. LuxeHome Payments UK Limited is authorised and regulated by the Financial Conduct Authority as an Electronic Money Institution with reference number 900596 with registered office at 280 Bishopsgate, London, EC2M, United Kingdom. |
LuxeHome Payments India Pvt. Ltd. | Level 9, Spaze i-Tech Park A1 Tower, Sector-49, Sohna Road Gurugram INDIA 122018Please contact LuxeHome Customer Service if you need assistance with updating your personal or business information or if you would like to make a complaint about our Services. |
LuxeHome Plataforma Digital Ltda. | Rua Aspicuelta 422 conjunto 51 CEP: 05433-010 Sao Paulo – SP – Brazil +0800 878 7918 |
LuxeHome Payments will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.
Payments Terms of Service for European Users
If you attempt to bring any legal claim against LuxeHome Payments in the United States, the arbitration agreement and class actions waiver in Section 15 apply to you. Please read them carefully.
As a consumer who resides in the EEA you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that LuxeHome Payments is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers. The European Commission’s online dispute resolution platform is not available for residents of Switzerland or the United Kingdom.
Last Updated: January 25, 2024
These Payments Terms of Service for European Users (“Payments Terms”) are a binding legal agreement between you and LuxeHome Payments that govern the Payment Services (defined below) conducted through or in connection with the LuxeHome Platform. When these Payments Terms mention “LuxeHome Payments,” “we,” “us,” or “our,” it refers to:
- LuxeHomePayments Luxembourg S.A. (“LuxeHome Payments Luxembourg”) if your country of residence is in the EEA.
- LuxeHomePayments UK Ltd. (“LuxeHome Payments UK”) if your country of residence is in the United Kingdom or Switzerland.
These Payments Terms and the documents, policies and standards referred within them, form a binding legal agreement between you and LuxeHome Payments that govern the Payment Services (defined below) conducted through or in connection with the LuxeHome Platform.
Documents referred to within these Payments Terms include but are not limited to our:
- Terms of Service, which govern your right to use the websites, applications, and other offerings from LuxeHome(collectively, the “LuxeHome Platform”).
- Re-booking and Refund Policy, which explains how LuxeHomewill assist with rebooking a reservation and how LuxeHome handles refunds when a Host cancels a reservation or another Travel Issue disrupts a stay.
- Experiences Guest Refund Policy, which explains how refunds are handled for Experiences when a Host cancels or a Travel Issue occurs.
- Major Disruptive Events Policy, which explains how cancellations are handled when unforeseen events beyond your control arise after booking and make it impractical or illegal to complete your Reservation.
- Host Damage Protection Policy, which explains the terms, exclusions and limitations under which LuxeHomewill agree to pay a Host to repair or replace Covered Property as a result of a Covered Loss.
- Community Policies, which sets out expectations of Members of the LuxeHome
- Content Policy, which governs the posting by Members of content on the LuxeHome
For convenience, we have set out above several terms and policies that are referred to in these Payments Terms. However, it is important to note that there are other supplemental policies and terms linked from our Additional Legal Terms page, which apply to your use of the LuxeHome Platform, and are incorporated by reference, and also form part of the binding legal agreement between you and LuxeHome.
Our terms and policies are organised based on the topic(s) to which they relate so as to make it easy for you to find the terms or policy relevant to your query or event.
LuxeHome Payments provides payments services to Members publishing, offering and booking Accommodations, Experiences or other Host Services, including services in connection with the Open Homes Program and other current and future services provided via the LuxeHome Platform. These payment services are provided for the benefit of Hosts and may include (if available) the following (collectively, “Payment Services”):
- Collecting payments from Guests (“Payin”), by charging the payment method provided by the Guest or associated with their LuxeHomeaccount, such as credit card, debit card, bank account, PayPal account, digital wallet or installments product provided by a credit provider (“Payment Method”);
- Effecting payments to Hosts (“Payout”) to a financial instrument associated with their LuxeHomeaccount, such as a PayPal account, bank account, a prepaid card, or a debit card (“Payout Method”);
- Effecting payments to a third-party Payout Method designated by a Host;
- Collection and payment of charitable donations; and
- Other payment related services in connection with Host Services.
LuxeHome Payments provides regulated Payment Services only to Hosts as the Host’s limited payment collection agent by accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.
In order to use the Payment Services, you must be at least 18 years old, must have an LuxeHome account in good standing in accordance with the LuxeHome Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete and provide us with identity and other information as requested by us.
If you change your country of residence, the LuxeHome company you contract with and the applicable version of the Payment Terms will be determined by your new country of residence from the date on which your country of residence changes. By continuing to use the Payment Services after your change of country of residence, you agree to such change of contracting party and terms. Please note, however, that the LuxeHome Payments company with whom you contract will stay the same for all bookings made prior to your change of residence.
The Terms separately govern your use of the LuxeHome Platform. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms.
Table of Contents for European Users
- Your use of the Payment Services
- Guest Terms
- Host Terms
- Appointment of LuxeHomePayments as Limited Payment Collection Agent
- General Terms
- Damage Claims and Damage Amounts
- Abandoned Property
- Prohibited Activities
- Force Majeure
- Disclaimers
- Liability
- Indemnification
- Modification, Term, Termination, and other Measures
- Governing Law and Dispute Resolution
- United States Arbitration Agreement
- Miscellaneous
- Additional Clauses for Users Contracting with LuxeHomePayments UK
- Additional Clauses for Users Contracting with LuxeHomePayments Luxembourg
- Additional Clauses for Users that are Businesses
- Contacting LuxeHomePayments
1. Your use of the Payment Services
1.1 LuxeHome Payment Services.
By using the Payments Services, you agree to comply with these Payment Terms. LuxeHome Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services.
1.2 Third Party Services.
The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. LuxeHome Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by LuxeHome Payments of those Third-Party Services.
1.3 Your LuxeHome Account.
LuxeHome Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your LuxeHome account. You may authorize a third party to use your LuxeHome account if the feature is enabled for your LuxeHome account. You acknowledge and agree that anyone you authorize to use your LuxeHome account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
1.4 Identification and Verification.
You authorize LuxeHome Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide, and if applicable, verifying the identity of the representative(s) and beneficial owner(s). This may include (i) screening you and, if applicable, your representative(s) and beneficial owner(s) against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you and, if applicable, your representative(s) and beneficial owner(s) to provide a form of government identification (e.g., driver’s license or passport), to check your name, place and date of birth, your address, nationality and/or other information which we deem necessary under applicable laws; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). LuxeHome Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms.
Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2. Guest Terms
2.1 Adding a Payment Method.
When you add a Payment Method to your LuxeHome account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to LuxeHome Payments or its third-party payment processor(s). You authorize LuxeHome Payments and its payment processor(s) to collect and store your Payment Method information in accordance with LuxeHome’s privacy policy.
2.2 Payment Method Verification.
When you add or use a new Payment Method, LuxeHome Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your LuxeHome account so it can be used for a future transaction. You may not remove the Payment Method associated with a reservation, during the period commencing from the date of your booking and ending fourteen (14) days following your check-out date, nor during any additional period of time needed to resolve any outstanding Damage Claim associated with such booking.
2.3 Payment Authorization.
You allow LuxeHome Payments to charge your Payment Method (including charging more than one Payment Method), either directly or indirectly, for all fees and other amounts due (including any applicable taxes) in connection with your LuxeHome account, including Damage Claim amounts in accordance with the Terms and with Sections 5 and 6.
2.4 Automatic Update of Payment Method.
If your Payment Method information changes (e.g., account or card number, routing number, expiration date or CVV or CVC number) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
2.5 Timing of Payment.
LuxeHome Payments generally charges the Total Price due after the Host accepts your booking request. LuxeHome may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the LuxeHome Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If LuxeHome Payments is unable to collect the Total Price due, as scheduled, LuxeHome Payments will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
2.6 Currency.
2.6.1
The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence and/or your LuxeHome Payments contracting entity(ies). Any such limitations will be communicated via the LuxeHome Platform, and you will be prompted to select a different currency or Payment Method if your preferred currency is not available.
2.6.2
Note that if the country in which your LuxeHome Payments contracting entity is located is different than the country of your Payment Method provider or your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside of your country of residence. As a result, your Payment Method provider may impose certain fees and the amount listed on your Payment Method statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method’s billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. LuxeHome Payments is not responsible for any such fees. Please contact your Payment Method provider if you have any questions about these fees or any exchange rate imposed by your Payment Method provider.
2.7 Booking Request Status.
If a requested booking is declined because it is not accepted by the Host, you cancel the booking request before it is accepted by the Host, or LuxeHome cancels the booking, any amounts collected by LuxeHome Payments and due to you pursuant to the policies described in Section 5.5, will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable) in accordance with Section 5.5.2.
2.8 Payment Restrictions.
LuxeHome Payments reserves the right to decline or limit payments that we believe (i) may violate LuxeHome Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, LuxeHome, LuxeHome Payments, or others to risks unacceptable to LuxeHome Payments.
2.9 Payment Service Providers.
Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and LuxeHome Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
2.10 Your Payment Method, Your Responsibility.
LuxeHome Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you. LuxeHome Payments does not provide any regulated Payment Services to you.
3. Host Terms
3.1 Payment Collection.
LuxeHome Payments generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise.
3.2 Valid Payout Method.
3.2.1
In order to receive a Payout you must have a valid Payout Method linked to your LuxeHome account. When you add a Payout Method to your LuxeHome account, you will be asked to provide information such as name, billing address, and financial instrument information either to LuxeHome Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information LuxeHome Payments requires for a valid Payout Method may change, and LuxeHome Payments may request additional information at any time; failing to provide requested information may result in LuxeHome Payments temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated.
3.2.2
You authorize LuxeHome Payments to collect and store your Payout Method information in accordance with LuxeHome’s Privacy Policy. LuxeHome Payments may also share your information with governmental authorities as required by applicable law.
3.3 Timing of Payout
3.3.1
Subject to and conditional upon successful receipt of the associated payments from Guest, LuxeHome Payments will generally initiate Payouts to your selected Payout Method: (i) for Accommodations, 24 hours after the Guest’s scheduled check-in time (or 24 hours after 3:00 pm local time – or 3:00 pm UTC if local time is unknown – if the check-in time is flexible or not specified); (ii) for Experiences, 24 hours after the start of the Experience; and (iii) for all other Host Services, at the time specified via the LuxeHome Platform. For Accommodation bookings of twenty-eight (28) nights or more, LuxeHome Payments will generally initiate the first payout 24 hours after the Guest’s scheduled check-in time, and will initiate future payouts every 30 days after the initial payout, for the duration of the reservation.
3.3.2
LuxeHome Payments may offer you a different Payout time or trigger for payment via the LuxeHome Platform. The time it takes to receive Payouts once released by LuxeHome Payments may depend upon the Payout Method you select.
3.4 Payout.
Your Payout for a booking will be the Total Price less applicable fees like LuxeHome service fees and applicable taxes, and any amounts you agree to allocate to any co-host, or the owner(s) of an Accommodation, a homeowners’ association, and/or their agent (such as a building operator or property management company). In the event of cancellation of a confirmed booking, LuxeHome Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions.
LuxeHome Payments may temporarily place a hold, suspend, or cancel any Payout for the purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity or where applicable the identity of your representative(s) or beneficial owner(s), or to obtain or verify requested information. Furthermore, LuxeHome Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume booking cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Payout Currency
LuxeHome Payments will remit your Payouts in the currency you select via the LuxeHome Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your LuxeHome contracting entity(ies). Any such limitations will be communicated via the LuxeHome Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and LuxeHome Payments is not responsible for any such fees and disclaims all liability in this regard.
3.7 Limits on Payouts.
For compliance or operational reasons, LuxeHome Payments may limit the amount of a Payout. If you are due an amount above that limit, LuxeHome Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.8 Payment Service Providers.
Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and LuxeHome Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use from such third-party payment service providers. Please review them before using your Payout Method.
3.9 Your Payout Method, Your Responsibility.
Subject to section 17 or 18, LuxeHome Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
4. Appointment of LuxeHome Payments as Limited Payment Collection Agent
4.1
Each Host, including each Host Team member, hereby appoints LuxeHome Payments as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.
4.2
Each Host, including each Host Team member, agrees that payment made by a Guest through LuxeHome Payments, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that LuxeHome Payments may refund the Guest in accordance with the Terms. Each Host understands that LuxeHome Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. LuxeHome Payments guarantees payments to Host(s) only for such amounts that have been successfully received by LuxeHome Payments from Guests, subject to and in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, LuxeHome Payments’ responsibilities are limited to those set out in this Section 4.2 and LuxeHome Payments is not responsible for, and will not be liable for, any acts or omissions of the Host. Subject to Section 11, LuxeHome Payments will remain liable for any acts caused by its own negligence and for its breaches of your rights as a consumer under applicable law.
4.3
Each Guest acknowledges and agrees that, notwithstanding the fact that LuxeHome Payments is not a party to the agreement between you and the Host(s), including each Host Team member, LuxeHome Payments acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to LuxeHome Payments, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and LuxeHome Payments is responsible for remitting the funds successfully received by LuxeHome Payments to the Host(s) in the manner described in these Payments Terms. In the event that LuxeHome Payments does not remit any such amounts, the Host(s) will have recourse only against LuxeHome Payments and not the Guest directly.
5. General Terms
5.1 Fees.
LuxeHome Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the LuxeHome Platform.
5.2 Payment Authorizations.
You authorize LuxeHome Payments to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your LuxeHome account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize LuxeHome Payments to collect from you:
- Any amount due to LuxeHomeor LuxeHome Payments (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Host or user of the LuxeHome Platform), including reimbursement for costs prepaid by LuxeHome or LuxeHome Payments on your behalf. Any funds collected by LuxeHome Payments will set off the amount owed by you to LuxeHome or LuxeHome Payments and extinguish your obligation to LuxeHome or LuxeHome
- Any amount due to a Host from a Guest which LuxeHomecollects as the Host’s payment collection agent as further set out in Section 4 above.
- Taxes, where applicable and as set out in the Terms.
- Any amount you pay through the Resolution Center in connection with your LuxeHome
- Any Damage Claim amounts owed to Luxehomeor LuxeHome Payments in accordance with the Terms and Section 6.
- Overstay penalties payable under the Terms, including any cost and expenses incurred in collecting the overstay penalty.
- Any service fees or cancellation fees imposed pursuant to the Terms(e.g., if, as a Host, you cancel a confirmed booking).
- Any amounts already paid to you as a Host despite a Guest cancelling a confirmed booking or LuxeHomedeciding that it is necessary to cancel a booking in accordance with the Terms, Rebooking and Refund Policy, Experiences Guest Refund Policy, Major Disruptive Events Policy, or other applicable cancellation policy. You agree that in the event you have already been paid, LuxeHome Payments will be entitled to recover the amount of any such guest refund from you, including by subtracting such refund amount out from any future Payouts due to you.
If you owe an amount at any time after a booking, such as with Payment Plan or Recurring Payment charges, Booking Modifications, Resolution Center payments or Damage Claims (“Additional Amounts”), you hereby authorize and grant LuxeHome Payments a mandate to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part. LuxeHome Payments will notify you in writing before any Additional Amounts are charged.
If your Payment Method associated with the relevant booking is expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts and LuxeHome Payments may charge the Payment Method related to your booking again or use any other Payment Method on file associated with your LuxeHome account, if available, to collect such Additional Amounts. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you.
If LuxeHome reasonably believes that you as a Host participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and LuxeHome Payments has already initiated the Payout to you for such stay, LuxeHome Payments may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you.
In addition to any amount due as outlined above, if there are amounts which you owe us but are unpaid or chargebacks associated with your Payment Method, you may be charged fees that are incidental to LuxeHome Payments collection of these amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5.3 Collections from Guests and Hosts
5.3.1
If LuxeHome Payments is unable to collect any amounts you owe, as a Guest or as a Host, under the Terms and these Payments Terms, LuxeHome Payments may engage in collection efforts to recover such amounts from you.
5.3.2
LuxeHome Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after LuxeHome Payments first attempts to charge your Guest Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Host’s LuxeHome account or the associated services have been provided, whichever is later.
5.3.3
LuxeHome Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges to your Payment Method with respect to a Guest transaction, after LuxeHome Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s LuxeHome account or the associated services have been provided, whichever is later.
5.3.4
You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to LuxeHome and/or LuxeHome Payments by you. Such communications may be made by LuxeHome, LuxeHome Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors
5.4.1
LuxeHome Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by LuxeHome Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error). For Hosts, this may include by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
5.4.2
To the extent you receive any funds in error, you agree to immediately return such funds to LuxeHome Payments.
5.5 Refunds
5.5.1
Any refunds or credits due to a Member pursuant to the Terms, Major Disruptive Events Policy, Rebooking and Refund Policy, and Experiences Guest Refund Policy, will be initiated and remitted by LuxeHome Payments in accordance with these Payments Terms.
5.5.2
Subject to this Section 5.5.2, LuxeHome Payments will initiate the refund process immediately. In the case of a cancellation by a Host, LuxeHome Payments will hold the funds on behalf of the Host for up to 72 hours until the Guest is either refunded or the funds are used to re-book with another Host. At no point in time is LuxeHome Payments holding the funds on behalf of the Guest or providing the Guest a payment service. In certain instances, the refund process may include the option to receive credit in lieu of a cash refund; if this option is made available to you, the timing of your refund will be communicated via the LuxeHome Platform. However, the time it takes to receive any cash refund or for any pre-authorization of your Payment Method to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, LuxeHome Payments will initiate and process the refund as soon as is practicable.
6. Damage Claims and Damage Amounts
6.1
If you are responsible for Damage Claim amounts pursuant to Section 15 of the Terms, LuxeHome via LuxeHome Payments may charge the Payment Method used to make the booking or any other Payment Method associated with your LuxeHome account at the time of the Damage Claim or reasonably thereafter in order to collect Damage Claim amounts, up to a maximum amount as defined in Section 15 of the Terms. To facilitate this charge, when you book a Listing, you are agreeing that LuxeHome via LuxeHome Payments may charge the Payment Method used to book the Listing in order to collect Damage Claim amounts.
6.2
You agree that LuxeHome Payments may seek to recover from you under any insurance policies you maintain and that LuxeHome Payments may also pursue against you any remedies it may have available, including, but not limited to, referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to any Damage Claim or payment requests made by Hosts under the Host Damage Protection.
7. Abandoned Property
7.1
If LuxeHome Payments holds funds due to you and it has not been able successfully to make payment to you of those funds (“Abandoned Property“) in accordance with Section 7.2, we may, subject to applicable law and the relevant limitation period, retain the Abandoned Property which would otherwise have been due to you and you will no longer have a claim for it.
7.2
Subject to applicable law, funds held for you by LuxeHome Payments will be considered Abandoned Property where any of the following apply:
- we do not have a valid Payment Method or Payout Method on file for you and you have not responded to our requests to provide us with a valid Payment Method or Payout Method; or
- we require further information to process the payment and you have not responded to our requests to provide such further information; or
- your LuxeHomeaccount has been ‘dormant’ (which means it has not been accessed or used) for the applicable limitation period and you have not responded to our requests to contact us.
8. Prohibited Activities
8.1
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, including to facilitate anyone else to breach or circumvent any applicable laws or regulations;
- breach or circumvent any agreements with third parties, third-party rights, or the Terms, Additional Legal Terms, Policies, or Standards;
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
- register or use any Payment Method or Payout Method with your LuxeHomeaccount that is not yours or you do not have authorization to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by LuxeHomePayments or any of LuxeHome Payments’ service providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
8.2
We are required to act in accordance with our internal policies and the laws of various jurisdictions relating to the prevention of money laundering and the implementation of sanctions including: (i) economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the U.S. government, including those administered by the Office of Foreign Asset Control or the U.S. Department of State; or (ii) by the United Nations Security Council, the European Union or His Majesty’s Treasury of the United Kingdom. You will comply with any relevant financial sanctions and any relevant export control laws applicable to you and to your local jurisdiction.
9. Force Majeure
LuxeHome Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from abnormal or unforeseeable circumstances outside the reasonable control of LuxeHome or LuxeHome Payments, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
10. Disclaimers
10.1
If you choose to use the Payment Services, you do so voluntarily and at your sole risk.
10.2
Notwithstanding LuxeHome Payments’ appointment as the limited payment collection agent of Hosts pursuant to Section 4 and subject to Section 11, LuxeHome Payments explicitly disclaims all liability for any act or omission by you, any Member or other third party. LuxeHome Payments does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
10.3
If we choose or are required to conduct identity verification on any Member, 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 Member or guarantee that a Member will not engage in misconduct in the future. We are not responsible for prior misconduct by a Member where such misconduct was unknown by us.
10.4
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
11. Liability
11.1
Subject to the sections below, to the maximum extent permitted by applicable law, LuxeHome Payment’s liability shall be limited and the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Airbnb account in any way, you are responsible for the actions taken by that person.
11.2
LuxeHome Payments shall not be liable for any losses where the loss is due to LuxeHome Payments’ compliance with obligations imposed on it by applicable law. LuxeHome Payments shall also not be liable for any losses resulting from your or another Member’s acts or omissions, including but not limited to any breach of these Payments Terms or of applicable law or if you or another Member have acted fraudulently or with negligence.
11.3
Nothing in these Payment Terms limits the liability of LuxeHome Payments for: (i) death or personal injury arising from LuxeHome Payments’ act or omission or negligence; (ii) fraud or fraudulent misrepresentation; (iii) wilful misconduct or gross negligence; (iv) losses directly caused by LuxeHome Payments’ breach of these Payment Terms or (v) any other liability which cannot be excluded or limited under applicable law (including for example a breach of statutory consumer rights or of statutory rights under payment laws and regulations).
11.4
LuxeHome Payments shall not be liable to you in any circumstances for any loss of business, loss of goodwill, loss of opportunity or loss of profit.
11.5
To the extent that LuxeHome Payments’ liability is excluded or limited, this also applies with regard to the personal liability of its legal representatives, employees, and other agents.
12. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at LuxeHome Payments’ option), indemnify, and hold LuxeHome Payments and its affiliates and subsidiaries, 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 (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been caused by your negligence or breach of a contractual obligation.
13. Modification, Term, Termination, and other Measures
13.1 Modification.
We may amend these Payment Terms at any time by providing you with at least two (2) months’ notice of such changes before they come into effect. We will give you notice of the proposed changes by email notifications, through the LuxeHome Platform, messaging service, or any other contact method made available by us and selected by you, and by posting the revised Payments Terms on a link on the LuxeHome Platform. You will be able to view the revised Payments Terms by accessing the link on the LuxeHome Platform and can save and print them should you choose. You understand that you will be deemed to have accepted the changes we make to these Payments Terms unless you terminate these Payments Terms or close your LuxeHome account (without penalty) prior to the expiry of the two (2) months’ notice period and before the changes come into effect. If you opt to terminate these Payment Terms or close your LuxeHome account, you will still be required to fulfill any of your outstanding obligations under the Terms, including in relation to upcoming bookings or the provision of Host Services.
13.2 Term.
This agreement between you and LuxeHome Payments is effective (i) if you are a Guest, from when you make your first booking; or (ii) if you are a Host, from when a Guest first books a Listing made available by you and you use the Payment Services, and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.
13.3 Termination.
You may terminate this agreement at any time by sending us an email or by deleting your LuxeHome account. Without limiting our rights specified below, LuxeHome Payments may terminate this agreement for convenience at any time by giving you two (2) months’ prior notice. LuxeHome Payments may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) LuxeHome Payments believes in good faith that such action is reasonably necessary to protect other Members, LuxeHome, LuxeHome Payments, or third parties. If you or LuxeHome Payments terminate this agreement, it will also terminate your LuxeHome account pursuant to the Terms.
13.4 Suspension and Other Measures.
LuxeHome Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if LuxeHome Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of LuxeHome, its Members, LuxeHome Payments, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method.
13.5 Appeal.
If LuxeHome Payments takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service.
13.6 Effect of Termination.
If you cancel your LuxeHome account as a Host or LuxeHome Payments takes any of the measures described above, LuxeHome Payments may provide a full refund to any Guests with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your LuxeHome account as a Guest, LuxeHome Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new LuxeHome account or attempt to access and use the Payment Services through an LuxeHome account of another Member.
13.7 Survival.
Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement
14. Governing Law and Dispute Resolution
14.1
If you are contracting with LuxeHome Payments UK, these Payments Terms will be interpreted in accordance with English law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As a consumer, you may only bring proceedings relating to these Payments Terms before the competent court of your place of residence or a court in England. If LuxeHome wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.
14.2
If you are contracting with LuxeHome Payments Luxembourg, these Payments Terms will be interpreted in accordance with Luxembourg law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Luxembourg law. As a consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a court in Luxembourg. If LuxeHome wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Luxembourg courts.
15. United States Arbitration Agreement
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND LUXEHOME PAYMENTS AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.
15.1 Application.
This Arbitration Agreement only applies to you if you are contracting with LuxeHome Payment US. If you are not contracting with LuxeHome Payments US, and you nevertheless attempt to bring any legal claim against LuxeHome Payments in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 15 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
15.2 Overview of Dispute Resolution Process.
LuxeHome Payments is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with LuxeHome’s customer service team (described in Section15.3), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and LuxeHome Payments each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.
15.3 Mandatory Pre-Arbitration Dispute Resolution and Notification.
At least 30 days prior to initiating an arbitration, you and LuxeHome Payments each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice”) and attempt in good faith to negotiate an informal resolution of the individual claim. You must send your Pre-Dispute Notice to LuxeHome Payments by mailing it to LuxeHome Payments’ agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. LuxeHome Payments will send its Pre-Dispute Notice to the email address associated with your LuxeHome account. A Pre-Dispute Notice must include: the date, your name, mailing address, your LuxeHome username, the email address you used to set up your LuxeHome account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 15.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.
15.4 Agreement to Arbitrate.
You and LuxeHome Payments mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and LuxeHome Payments agree that the arbitrator will decide that issue. For the avoidance of doubt, you and LuxeHome agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 15, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved by an arbitrator.
15.5 Exceptions to Arbitration Agreement.
You and LuxeHome Payments each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 15): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (ii) a request for the remedy of public injunctive relief; (iii) any claim or cause of action for vexatious litigation; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the LuxeHome Platform or Host Services. You and LuxeHome Payments agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
15.6 Arbitration Forum, Rules and Governing Law.
This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, Inc. (“ADR”) (www.adrservices.com) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules”) (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com. If an arbitration demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s 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. If the AAA cannot and will not administer the arbitration, you and LuxeHome Payments shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or LuxeHome Payments may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.
15.7 Modification of Arbitration Rules – Arbitration Hearing/Location.
In order to make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in San Francisco County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.
15.8 Modification of Arbitration Rules – Arbitration Fees and Costs.
Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules and the ADR Services fee schedule (available at www.adrservices.com). If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide LuxeHome Payments with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, LuxeHome Payments will pay your share of any arbitrator fees.
15.9 Modification of Arbitration Rules – Claims Brought for an improper Purpose or in Violation of This Arbitration Agreement.
Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.
15.10 Arbitrator’s Decision.
The arbitrator will issue a written decision which shall 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 any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
15.11 Jury Trial Waiver.
You and LuxeHome Payments acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.
15.12 No Class Actions or Representative Proceedings.
You and LuxeHome Payments acknowledge and agree that, to the fullest extent permitted by law, 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 or consolidated proceeding. Unless we agree in writing or as provided in this agreement, 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 there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
15.13 Mass Action Waiver.
You and LuxeHome Payments acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and LuxeHome Payments agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 15 and 15.12 of these Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or LuxeHome Payments from participating in a mass settlement of claims.
15.14 Modification of Arbitration Rules – Mass Action Batching Requirements.
If for any reason, notwithstanding Section 15.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the forgoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections 14 and 15.12 of these Terms.
15.15 Modifications of Arbitration Rules – Offers of Judgment.
At least 10 days before the date set for the arbitration hearing, you or LuxeHome Payments may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.
15.16 Severability.
Except as provided in Section 15.12, 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 will be given full force and effect.
15.17 Amendment to Agreement to Arbitrate.
If LuxeHome Payments amends this Section 15 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject the change by sending us written notice no later than thirty (30) days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your LuxeHome username, the email address you used to set up your LuxeHome account, your signature, and an unequivocal statement that you want to opt out of the amended Section 15. You must either mail your notice to this address: 888 Brannan St, San Francisco, CA 94103, Attn: Arbitration Opt-Out, or email the opt-out notice to [email protected]. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and LuxeHome Payments (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and LuxeHome Payments.
15.18 Survival.
Except as provided in Section 15.16 and subject to Section 13.7, this Section 15 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your LuxeHome account.
16. Miscellaneous
16.1 Interpreting these Payments Terms.
Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between LuxeHome Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between LuxeHome Payments and you regarding the Payment Services. If any provision of these Payments 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.
16.2 No Waiver.
LuxeHome Payments’ failure to enforce any right or provision in these Payments 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 Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
16.3 Assignment.
You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without LuxeHome Payments’ prior written consent. LuxeHome Payments may assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with two (2) months’ prior notice provided that this would not reduce your rights or benefits under these terms.
16.4 Notices.
Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by LuxeHome Payments via email or LuxeHome Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which LuxeHome Payments transmits the notice.
16.5 Language.
This agreement is concluded in the language as applied by the Terms and all communication undertaken during this contractual relationship shall be made in that language.
17. Additional Clauses for Users Contracting with LuxeHome Payments UK
This Section 17 will apply if you are contracting with LuxeHome Payments UK. To the extent that there is any conflict between this Section 17 and any other provision of these Payment Terms, the provisions of this Section 17 shall apply.
17.1 Payment Service User
17.1.1
The Payment Services include the payment collection service provided to Hosts contracting with LuxeHome Payments UK. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations 2017 and for these purposes LuxeHome Payments UK treats Hosts as the “payment service user”.
17.1.2
By agreeing to these Payments Terms you as a Host have consented to LuxeHome Payments UK’s payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 3.3. LuxeHome Payments UK will be deemed to have received the Host’s payment order to the Host on the same date LuxeHome Payments UK agrees to initiate the Payout in accordance with Section 3.3
17.1.3
LuxeHome Payments UK will endeavor to ensure that Hosts based in the UK will receive each Payout by the end of the business day following LuxeHome Payments UK’s initiation of the Payout.
17.1.4
Communication. LuxeHome Payments will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address.
17.2 Diverted Payouts and Complaints
17.2.1
If you as a Host believe or become aware that a Payout properly due to you has been or may be diverted without your authorization (“Diverted Payout”) because your password or other credentials to log into your LuxeHome account (“Credentials”) have been lost, stolen or misappropriated, you should notify LuxeHome Payments UK (see Section 20 for details on how) without undue delay.
17.2.2
If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method (including where there has been a Diverted Payout), LuxeHome Payments UK will (if requested by you without undue delay, on becoming aware of the unauthorized or incorrectly executed Payout and in any event within 13 months of it happening) make immediate efforts to trace the payment and will notify you of the outcome. Subject to Section 17.2.3, unless we can prove that (i) the Payout was received by you via your chosen Payout Method, or (ii) we made the Payout correctly using the Payout Method information you provided but the information you provided was incorrect, we will refund the amount. Where you have given us incorrect information, we will not be liable for the defective or non-execution of the Payout, however, we will make reasonable efforts to recover the Payout funds.
17.2.3
You must use your Credentials in accordance with these Payment Terms, and take all reasonable steps to keep your Credentials safe. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of £35. This will not apply if the loss, theft or misappropriation of your Credentials was not detectable by you prior to the Payout, unless you acted fraudulently or the loss was caused by acts or omissions of LuxeHome personnel or a service provider. You may however be liable for all losses relating to a Diverted Payout if we can show that you acted fraudulently or where, with intent or gross negligence, you failed to use the LuxeHome Platform and/or Payment Services in accordance with the Terms or these Payment Terms (including the obligation to keep your Credentials safe). Except where you have acted fraudulently, you will not be liable for any losses incurred in respect of a Diverted Payout arising after notification by you of the loss, theft, or misappropriation of your Credentials or of the unauthorized use of your Credentials, where we have failed at any time to provide appropriate means for such notification, or where we do not require strong customer authentication, where required.
17.2.4
Any complaints about the Payment Services should be made to LuxeHome Payments UK (see Section 20 for details on how). If you are not happy with the outcome of a complaint and you as a Host have received regulated Payment Services from LuxeHome Payments UK, you may also be able to refer your complaint to the Financial Ombudsman. All complaints to the Financial Ombudsman Service are subject to the rules of the Financial Ombudsman Service, including in relation to eligibility requirements. The UK Financial Ombudsman Service offers a free complaints resolution service. You may obtain further information regarding the Financial Ombudsman Services and contact details at: https://www.financial-ombudsman.org.uk.
18. Additional Clauses for Users Contracting with LuxeHome Payments Luxembourg
This Section 18 will apply if you are contracting with LuxeHome Payments Luxembourg. To the extent that there is any conflict between this Section 18 and any other provision of these Payment Terms, the provisions of this Section 18 shall apply.
18.1 Payment Service User
18.1.1
The Payment Services include the payment service provided to Hosts contracting with LuxeHome Payments Luxembourg. These services constitute “payment services” regulated under the modified Law of 10 November 2009 on payment services (“Law of 2009”) and for these purposes LuxeHome Payments Luxembourg treats Hosts as the “payment service user” according to the Law of 2009.
18.1.2
By agreeing to these Payments Terms you as Host have consented to LuxeHome Payments Luxembourg’s payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 3.3. LuxeHome Payments Luxembourg will be deemed to have received the Host’s payment order to the Host on the same date LuxeHome Payments Luxembourg agrees to initiate the Payout in accordance with Section 3.3.
18.1.3
As between you and LuxeHome Payments Luxembourg, the legal provisions relating to the form of and procedure for giving consent to the initiation of a payment order or the execution of a payment transaction and the withdrawal of such consent in accordance with Articles 81 and 93 of the Law of 2009 shall apply at any time.
18.1.4
LuxeHome Payments Luxembourg will endeavor to ensure that Hosts based in the EEA will receive each Payout by the end of the business day following LuxeHome Payments Luxembourg’s initiation of the Payout.
18.1.5
Communication. LuxeHome Payments will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address.
18.1.6
Notwithstanding the provisions of Article 1341 of the Civil Code, LuxeHome Payments shall, whenever useful or necessary, be entitled to prove its allegations by any means legally admissible in commercial matters, such as witness statements, affidavits, electronic records and any other suitable documents.
18.2 Resolution Procedures for Diverted Payouts
18.2.1
If you as a Host believe or become aware that a Payout properly due to you has been or may be diverted without your authorization (“Diverted Payout”) because your password or other credentials to log into your LuxeHome account (“Credentials”) are lost or stolen or in case of an unauthorized, incorrectly initiated or incorrectly executed payment transaction, you should notify LuxeHome Payments Luxembourg pursuant to Section 20 immediately. You must notify LuxeHome Payments immediately on becoming aware of, and no later than 13 months after the debit date of, the unauthorized or incorrectly executed Payout. In the case of such an unauthorized payment transaction, LuxeHome Payments will refund you the amount of the unauthorized payment transaction by the end of the following business day after noting, or in accordance with Section 20 being notified of, the transaction. LuxeHome Payments has no such obligation if it has reasonable grounds for suspecting fraud. You will be obliged to bear the losses relating to an unauthorized Payout for up to EUR 50 where such unauthorized Payout results from the loss or theft of your Credentials or from the misappropriation of your Credentials. You will not be obliged to bear the losses where: (a) the loss, theft or misappropriation of your Credentials was not detectable to you prior to a Payout, except where you have acted fraudulently; or (b) the loss was caused by acts or lack of action of LuxeHome Payments. You will be liable for all losses incurred in respect of a Payout made by LuxeHome Payments which was not authorized by you where you have acted fraudulently or have not notified LuxeHome Payments on time in accordance with this section and Section 20. You will not bear any financial consequences resulting from your lost, stolen or misappropriated Credentials after notification to us, in accordance with this section and Section 20.
18.2.2
We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the LuxeHome Platform and/or Payment Services in accordance with the Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) if LuxeHome Payments provides evidence to you that the Payout has been received on time and in full by you or your payment service provider, or (iii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect. In these circumstances, you can request from LuxeHome Payments that it should endeavor, using appropriate means available to it, to recover the payment amount. If recovering the payment amount is not possible, LuxeHome Payments will, upon written request, provide you with any information that it has and that is relevant to you for the purpose of taking legal action to assert your claim for the refund of the amount. For this recovery, LuxeHome Payments may charge a fee.
18.2.3
If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method, LuxeHome Payments Luxembourg will (if requested) make immediate efforts to trace the payment and will notify you of the outcome.
18.3 Out-of-court complaints
Any complaint, namely relating to any loss, theft, misappropriation or unauthorized use in connection with the Payment Services, or unauthorized or erroneous transactions should be made in writing to LuxeHome Payments Luxembourg pursuant to Section 20. If you are not happy with the outcome of a complaint and you as a Host have received regulated Payment Services from LuxeHome Payments Luxembourg, you may file your request with the supervisory authority of LuxeHome Payments Luxembourg, the CSSF (as defined in Section 20) within one year after you filed your complaint with LuxeHome Payments Luxembourg. The CSSF will act as an out-of-court complaint resolution body. The request must be filed with the CSSF in writing, by post or by email to the relevant address available on the CSSF website, or online on the CSSF website. The request shall be filed in English, French, German or Luxembourg-ish. The request shall be supported by a statement of the reasons on which it is based together with the following documents:
- a detailed and chronological statement of the facts underlying the complaint and the steps already taken by you;
- a copy of the prior complaint made to LuxeHomePayments Luxembourg;
- a copy of the answer to the prior complaint or the confirmation that you did not receive an answer one month after you sent your prior complaint;
- the statement that you did not refer the matter to a court, an arbitrator or another out-of-court complaint resolution body in Luxembourg or abroad;
- your agreement with the request handling conditions of the CSSF as body responsible for the out-of-court resolution of your complaint;
- your express authorization so that the CSSF can transmit its request (including the attachments) as well as any future correspondence or information to LuxeHomePayments Luxembourg;
- in the case where a person acts on your behalf, a document showing that the person is legally entitled to act so; and
- a copy of your valid ID document.
18.4. For Guests with France As Country of Residence.
Notwithstanding anything to the contrary in the Payments Terms, for the avoidance of any doubt, in connection with Guests who reside in France, the Total Price, installments or periodic payments, including Recurring Payments, collected by LuxeHome Payments from such Guest are down payments (“acomptes”) within the meaning of French law.
18.5 Outsourcing.
We use a variety of service providers (some belonging to the LuxeHome group and some being third party service providers) in the context of outsourcing arrangements to help us provide our services in an efficient and qualitative manner. The use of such service providers requires that we transfer or make available some data to them. You agree to such outsourcing arrangements and instruct us to transfer or make accessible data (as further defined below) concerning you and, where relevant, concerning persons linked to you (provided in connection with your LuxeHome account) such as your beneficial owner(s) and representative(s), to a number of service providers in the context of outsourcing arrangements regarding technical (including IT), operational, payment processing, internal control, customer due diligence (including background or police checks), fraud prevention, risk assessment, product development, maintenance and debugging, advertising, processing of insurance claims, customer support and other services. The data to be transferred or made available includes, if you are an individual, your surname, first name, address, date and place of birth and nationality, and if you are a legal entity your corporate name, registered office, legal form, registration number for legal entities, as well as the aforementioned data on individuals for your beneficial owner(s) and representative(s). The data to be transferred or made available includes also for any person its contact details such as phone numbers and e-mail addresses as well as financial data and usage data in relation to our services (including payment method, payout method, payment transaction). The recipients of the data are located in the United States, the United Kingdom, Ireland, India, Luxembourg, Netherlands, Germany and Spain, as well as other countries in Europe, Asia Pacific and North and South America. Such data transfers will take place throughout the term of the business relationship between us and you as well as for an additional period as permitted by law after the end of the business relationship. You acknowledge that the transferred data is no longer protected by Luxembourg professional secrecy after its transfer.
19. Additional Clauses for Users that are Businesses
The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
19.1
You accept the Payments Terms and you will be responsible for any act or omission of Representative’s employees or third-party agents using the Payment Service on your behalf.
19.2
You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
19.3
You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.
19.4
If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with LuxeHome for Work, as permitted by your account, you authorize LuxeHome Payments to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.
19.5
For any Payout Method linked to your LuxeHome account, you authorize LuxeHome Payments to store the Payout Method, remit payments using the Payout Method for bookings associated with your LuxeHome account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
19.6
If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp.
20. Contacting LuxeHome Payments
You may contact LuxeHome Payments regarding the Payment Services using the information below:
Entity | Contact Information |
LuxeHome Payments UK Ltd. | Please contact LuxeHome Customer Services via our Help Centre if you need assistance with updating your personal or business information or if you’d like to make a complaint about our Services. LuxeHome Payments UK Limited is authorised and regulated by the Financial Conduct Authority as an Electronic Money Institution with reference number 900596 with registered office at 280 Bishopsgate, London, EC2M 4RB, United Kingdom. |
LuxeHome Payments Luxembourg S.A. | Please contact LuxeHome Customer Service if you need assistance with updating your personal or business information. If you would like to make a complaint, please write to us at: 4, rue Henri Schnadt or via email to: LuxeHome Payments Luxembourg S.A. is authorised and regulated by the Commission de Surveillance du Secteur Financier (“CSSF”) with reference number Z21, established at 283, route d’Arlon, L-1150 Luxembourg (Tel.: (+352) 26 25 1 – 1). You can find more information about the CSSF on its website at https://www.cssf.lu. You can find the forms and instructions regarding an application for the official complaints procedure on the CSSF’s website (https://www.cssf.lu/en/customer-complaints/). The official e-mail address to be used is [email protected] |
LuxeHome Payments will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.
Payments Terms of Service for European Users
If you attempt to bring any legal claim against LuxeHome Payments in the United States, the arbitration agreement and class actions waiver in Section 15 apply to you. Please read them carefully.
As a consumer who resides in the EEA you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that LuxeHome Payments is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers. The European Commission’s online dispute resolution platform is not available for residents of Switzerland or the United Kingdom.
Last Updated: January 25, 2024
These Payments Terms of Service for European Users (“Payments Terms”) are a binding legal agreement between you and LuxeHome Payments that govern the Payment Services (defined below) conducted through or in connection with the LuxeHome Platform. When these Payments Terms mention “LuxeHome Payments,” “we,” “us,” or “our,” it refers to:
- LuxeHomePayments Luxembourg S.A. (“LuxeHome Payments Luxembourg”) if your country of residence is in the EEA.
- LuxeHomePayments UK Ltd. (“LuxeHome Payments UK”) if your country of residence is in the United Kingdom or Switzerland.
These Payments Terms and the documents, policies and standards referred within them, form a binding legal agreement between you and LuxeHome Payments that govern the Payment Services (defined below) conducted through or in connection with the LuxeHome Platform.
Documents referred to within these Payments Terms include but are not limited to our:
- Terms of Service, which govern your right to use the websites, applications, and other offerings from LuxeHome(collectively, the “LuxeHome Platform”).
- Re-booking and Refund Policy, which explains how LuxeHomewill assist with rebooking a reservation and how LuxeHome handles refunds when a Host cancels a reservation or another Travel Issue disrupts a stay.
- Experiences Guest Refund Policy, which explains how refunds are handled for Experiences when a Host cancels or a Travel Issue occurs.
- Major Disruptive Events Policy, which explains how cancellations are handled when unforeseen events beyond your control arise after booking and make it impractical or illegal to complete your Reservation.
- Host Damage Protection Policy, which explains the terms, exclusions and limitations under which LuxeHomewill agree to pay a Host to repair or replace Covered Property as a result of a Covered Loss.
- Community Policies, which sets out expectations of Members of the LuxeHome
- Content Policy, which governs the posting by Members of content on the LuxeHome
For convenience, we have set out above several terms and policies that are referred to in these Payments Terms. However, it is important to note that there are other supplemental policies and terms linked from our Additional Legal Terms page, which apply to your use of the LuxeHome Platform, and are incorporated by reference, and also form part of the binding legal agreement between you and LuxeHome.
Our terms and policies are organised based on the topic(s) to which they relate so as to make it easy for you to find the terms or policy relevant to your query or event.
LuxeHome Payments provides payments services to Members publishing, offering and booking Accommodations, Experiences or other Host Services, including services in connection with the Open Homes Program and other current and future services provided via the LuxeHome Platform. These payment services are provided for the benefit of Hosts and may include (if available) the following (collectively, “Payment Services”):
- Collecting payments from Guests (“Payin”), by charging the payment method provided by the Guest or associated with their LuxeHomeaccount, such as credit card, debit card, bank account, PayPal account, digital wallet or installments product provided by a credit provider (“Payment Method”);
- Effecting payments to Hosts (“Payout”) to a financial instrument associated with their LuxeHomeaccount, such as a PayPal account, bank account, a prepaid card, or a debit card (“Payout Method”);
- Effecting payments to a third-party Payout Method designated by a Host;
- Collection and payment of charitable donations; and
- Other payment related services in connection with Host Services.
LuxeHome Payments provides regulated Payment Services only to Hosts as the Host’s limited payment collection agent by accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.
In order to use the Payment Services, you must be at least 18 years old, must have an LuxeHome account in good standing in accordance with the LuxeHome Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete and provide us with identity and other information as requested by us.
If you change your country of residence, the LuxeHome company you contract with and the applicable version of the Payment Terms will be determined by your new country of residence from the date on which your country of residence changes. By continuing to use the Payment Services after your change of country of residence, you agree to such change of contracting party and terms. Please note, however, that the LuxeHome Payments company with whom you contract will stay the same for all bookings made prior to your change of residence.
The Terms separately govern your use of the LuxeHome Platform. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms.
Table of Contents for European Users
- Your use of the Payment Services
- Guest Terms
- Host Terms
- Appointment of LuxeHomePayments as Limited Payment Collection Agent
- General Terms
- Damage Claims and Damage Amounts
- Abandoned Property
- Prohibited Activities
- Force Majeure
- Disclaimers
- Liability
- Indemnification
- Modification, Term, Termination, and other Measures
- Governing Law and Dispute Resolution
- United States Arbitration Agreement
- Miscellaneous
- Additional Clauses for Users Contracting with LuxeHomePayments UK
- Additional Clauses for Users Contracting with LuxeHomePayments Luxembourg
- Additional Clauses for Users that are Businesses
- Contacting LuxeHomePayments
1. Your use of the Payment Services
1.1 LuxeHome Payment Services.
By using the Payments Services, you agree to comply with these Payment Terms. LuxeHome Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services.
1.2 Third Party Services.
The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. LuxeHome Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by LuxeHome Payments of those Third-Party Services.
1.3 Your LuxeHome Account.
LuxeHome Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your LuxeHome account. You may authorize a third party to use your LuxeHome account if the feature is enabled for your LuxeHome account. You acknowledge and agree that anyone you authorize to use your LuxeHome account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
1.4 Identification and Verification.
You authorize LuxeHome Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide, and if applicable, verifying the identity of the representative(s) and beneficial owner(s). This may include (i) screening you and, if applicable, your representative(s) and beneficial owner(s) against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you and, if applicable, your representative(s) and beneficial owner(s) to provide a form of government identification (e.g., driver’s license or passport), to check your name, place and date of birth, your address, nationality and/or other information which we deem necessary under applicable laws; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). LuxeHome Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms.
Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2. Guest Terms
2.1 Adding a Payment Method.
When you add a Payment Method to your LuxeHome account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to LuxeHome Payments or its third-party payment processor(s). You authorize LuxeHome Payments and its payment processor(s) to collect and store your Payment Method information in accordance with LuxeHome’s privacy policy.
2.2 Payment Method Verification.
When you add or use a new Payment Method, LuxeHome Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your LuxeHome account so it can be used for a future transaction. You may not remove the Payment Method associated with a reservation, during the period commencing from the date of your booking and ending fourteen (14) days following your check-out date, nor during any additional period of time needed to resolve any outstanding Damage Claim associated with such booking.
2.3 Payment Authorization.
You allow LuxeHome Payments to charge your Payment Method (including charging more than one Payment Method), either directly or indirectly, for all fees and other amounts due (including any applicable taxes) in connection with your LuxeHome account, including Damage Claim amounts in accordance with the Terms and with Sections 5 and 6.
2.4 Automatic Update of Payment Method.
If your Payment Method information changes (e.g., account or card number, routing number, expiration date or CVV or CVC number) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
2.5 Timing of Payment.
LuxeHome Payments generally charges the Total Price due after the Host accepts your booking request. LuxeHome may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the LuxeHome Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If LuxeHome Payments is unable to collect the Total Price due, as scheduled, LuxeHome Payments will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
2.6 Currency.
2.6.1
The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence and/or your LuxeHome Payments contracting entity(ies). Any such limitations will be communicated via the LuxeHome Platform, and you will be prompted to select a different currency or Payment Method if your preferred currency is not available.
2.6.2
Note that if the country in which your LuxeHome Payments contracting entity is located is different than the country of your Payment Method provider or your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside of your country of residence. As a result, your Payment Method provider may impose certain fees and the amount listed on your Payment Method statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method’s billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. LuxeHome Payments is not responsible for any such fees. Please contact your Payment Method provider if you have any questions about these fees or any exchange rate imposed by your Payment Method provider.
2.7 Booking Request Status.
If a requested booking is declined because it is not accepted by the Host, you cancel the booking request before it is accepted by the Host, or LuxeHome cancels the booking, any amounts collected by LuxeHome Payments and due to you pursuant to the policies described in Section 5.5, will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable) in accordance with Section 5.5.2.
2.8 Payment Restrictions.
LuxeHome Payments reserves the right to decline or limit payments that we believe (i) may violate LuxeHome Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, LuxeHome, LuxeHome Payments, or others to risks unacceptable to LuxeHome Payments.
2.9 Payment Service Providers.
Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and LuxeHome Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
2.10 Your Payment Method, Your Responsibility.
LuxeHome Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you. LuxeHome Payments does not provide any regulated Payment Services to you.
3. Host Terms
3.1 Payment Collection.
LuxeHome Payments generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise.
3.2 Valid Payout Method.
3.2.1
In order to receive a Payout you must have a valid Payout Method linked to your LuxeHome account. When you add a Payout Method to your LuxeHome account, you will be asked to provide information such as name, billing address, and financial instrument information either to LuxeHome Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information LuxeHome Payments requires for a valid Payout Method may change, and LuxeHome Payments may request additional information at any time; failing to provide requested information may result in LuxeHome Payments temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated.
3.2.2
You authorize LuxeHome Payments to collect and store your Payout Method information in accordance with LuxeHome’s Privacy Policy. LuxeHome Payments may also share your information with governmental authorities as required by applicable law.
3.3 Timing of Payout
3.3.1
Subject to and conditional upon successful receipt of the associated payments from Guest, LuxeHome Payments will generally initiate Payouts to your selected Payout Method: (i) for Accommodations, 24 hours after the Guest’s scheduled check-in time (or 24 hours after 3:00 pm local time – or 3:00 pm UTC if local time is unknown – if the check-in time is flexible or not specified); (ii) for Experiences, 24 hours after the start of the Experience; and (iii) for all other Host Services, at the time specified via the LuxeHome Platform. For Accommodation bookings of twenty-eight (28) nights or more, LuxeHome Payments will generally initiate the first payout 24 hours after the Guest’s scheduled check-in time, and will initiate future payouts every 30 days after the initial payout, for the duration of the reservation.
3.3.2
LuxeHome Payments may offer you a different Payout time or trigger for payment via the LuxeHome Platform. The time it takes to receive Payouts once released by LuxeHome Payments may depend upon the Payout Method you select.
3.4 Payout.
Your Payout for a booking will be the Total Price less applicable fees like LuxeHome service fees and applicable taxes, and any amounts you agree to allocate to any co-host, or the owner(s) of an Accommodation, a homeowners’ association, and/or their agent (such as a building operator or property management company). In the event of cancellation of a confirmed booking, LuxeHome Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions.
LuxeHome Payments may temporarily place a hold, suspend, or cancel any Payout for the purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity or where applicable the identity of your representative(s) or beneficial owner(s), or to obtain or verify requested information. Furthermore, LuxeHome Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume booking cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Payout Currency
LuxeHome Payments will remit your Payouts in the currency you select via the LuxeHome Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your LuxeHome contracting entity(ies). Any such limitations will be communicated via the LuxeHome Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and LuxeHome Payments is not responsible for any such fees and disclaims all liability in this regard.
3.7 Limits on Payouts.
For compliance or operational reasons, LuxeHome Payments may limit the amount of a Payout. If you are due an amount above that limit, LuxeHome Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.8 Payment Service Providers.
Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and LuxeHome Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use from such third-party payment service providers. Please review them before using your Payout Method.
3.9 Your Payout Method, Your Responsibility.
Subject to section 17 or 18, LuxeHome Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
4. Appointment of LuxeHome Payments as Limited Payment Collection Agent
4.1
Each Host, including each Host Team member, hereby appoints LuxeHome Payments as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.
4.2
Each Host, including each Host Team member, agrees that payment made by a Guest through LuxeHome Payments, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that LuxeHome Payments may refund the Guest in accordance with the Terms. Each Host understands that LuxeHome Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. LuxeHome Payments guarantees payments to Host(s) only for such amounts that have been successfully received by LuxeHome Payments from Guests, subject to and in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, LuxeHome Payments’ responsibilities are limited to those set out in this Section 4.2 and LuxeHome Payments is not responsible for, and will not be liable for, any acts or omissions of the Host. Subject to Section 11, LuxeHome Payments will remain liable for any acts caused by its own negligence and for its breaches of your rights as a consumer under applicable law.
4.3
Each Guest acknowledges and agrees that, notwithstanding the fact that LuxeHome Payments is not a party to the agreement between you and the Host(s), including each Host Team member, LuxeHome Payments acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to LuxeHome Payments, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and LuxeHome Payments is responsible for remitting the funds successfully received by LuxeHome Payments to the Host(s) in the manner described in these Payments Terms. In the event that LuxeHome Payments does not remit any such amounts, the Host(s) will have recourse only against LuxeHome Payments and not the Guest directly.
5. General Terms
5.1 Fees.
LuxeHome Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the LuxeHome Platform.
5.2 Payment Authorizations.
You authorize LuxeHome Payments to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your LuxeHome account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize LuxeHome Payments to collect from you:
- Any amount due to LuxeHomeor LuxeHome Payments (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Host or user of the LuxeHome Platform), including reimbursement for costs prepaid by LuxeHome or LuxeHome Payments on your behalf. Any funds collected by LuxeHome Payments will set off the amount owed by you to LuxeHome or LuxeHome Payments and extinguish your obligation to LuxeHome or LuxeHome
- Any amount due to a Host from a Guest which LuxeHomecollects as the Host’s payment collection agent as further set out in Section 4 above.
- Taxes, where applicable and as set out in the Terms.
- Any amount you pay through the Resolution Center in connection with your LuxeHome
- Any Damage Claim amounts owed to Luxehomeor LuxeHome Payments in accordance with the Terms and Section 6.
- Overstay penalties payable under the Terms, including any cost and expenses incurred in collecting the overstay penalty.
- Any service fees or cancellation fees imposed pursuant to the Terms(e.g., if, as a Host, you cancel a confirmed booking).
- Any amounts already paid to you as a Host despite a Guest cancelling a confirmed booking or LuxeHomedeciding that it is necessary to cancel a booking in accordance with the Terms, Rebooking and Refund Policy, Experiences Guest Refund Policy, Major Disruptive Events Policy, or other applicable cancellation policy. You agree that in the event you have already been paid, LuxeHome Payments will be entitled to recover the amount of any such guest refund from you, including by subtracting such refund amount out from any future Payouts due to you.
If you owe an amount at any time after a booking, such as with Payment Plan or Recurring Payment charges, Booking Modifications, Resolution Center payments or Damage Claims (“Additional Amounts”), you hereby authorize and grant LuxeHome Payments a mandate to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part. LuxeHome Payments will notify you in writing before any Additional Amounts are charged.
If your Payment Method associated with the relevant booking is expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts and LuxeHome Payments may charge the Payment Method related to your booking again or use any other Payment Method on file associated with your LuxeHome account, if available, to collect such Additional Amounts. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you.
If LuxeHome reasonably believes that you as a Host participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and LuxeHome Payments has already initiated the Payout to you for such stay, LuxeHome Payments may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you.
In addition to any amount due as outlined above, if there are amounts which you owe us but are unpaid or chargebacks associated with your Payment Method, you may be charged fees that are incidental to LuxeHome Payments collection of these amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5.3 Collections from Guests and Hosts
5.3.1
If LuxeHome Payments is unable to collect any amounts you owe, as a Guest or as a Host, under the Terms and these Payments Terms, LuxeHome Payments may engage in collection efforts to recover such amounts from you.
5.3.2
LuxeHome Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after LuxeHome Payments first attempts to charge your Guest Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Host’s LuxeHome account or the associated services have been provided, whichever is later.
5.3.3
LuxeHome Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges to your Payment Method with respect to a Guest transaction, after LuxeHome Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s LuxeHome account or the associated services have been provided, whichever is later.
5.3.4
You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to LuxeHome and/or LuxeHome Payments by you. Such communications may be made by LuxeHome, LuxeHome Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors
5.4.1
LuxeHome Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by LuxeHome Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error). For Hosts, this may include by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
5.4.2
To the extent you receive any funds in error, you agree to immediately return such funds to LuxeHome Payments.
5.5 Refunds
5.5.1
Any refunds or credits due to a Member pursuant to the Terms, Major Disruptive Events Policy, Rebooking and Refund Policy, and Experiences Guest Refund Policy, will be initiated and remitted by LuxeHome Payments in accordance with these Payments Terms.
5.5.2
Subject to this Section 5.5.2, LuxeHome Payments will initiate the refund process immediately. In the case of a cancellation by a Host, LuxeHome Payments will hold the funds on behalf of the Host for up to 72 hours until the Guest is either refunded or the funds are used to re-book with another Host. At no point in time is LuxeHome Payments holding the funds on behalf of the Guest or providing the Guest a payment service. In certain instances, the refund process may include the option to receive credit in lieu of a cash refund; if this option is made available to you, the timing of your refund will be communicated via the LuxeHome Platform. However, the time it takes to receive any cash refund or for any pre-authorization of your Payment Method to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, LuxeHome Payments will initiate and process the refund as soon as is practicable.
6. Damage Claims and Damage Amounts
6.1
If you are responsible for Damage Claim amounts pursuant to Section 15 of the Terms, LuxeHome via LuxeHome Payments may charge the Payment Method used to make the booking or any other Payment Method associated with your LuxeHome account at the time of the Damage Claim or reasonably thereafter in order to collect Damage Claim amounts, up to a maximum amount as defined in Section 15 of the Terms. To facilitate this charge, when you book a Listing, you are agreeing that LuxeHome via LuxeHome Payments may charge the Payment Method used to book the Listing in order to collect Damage Claim amounts.
6.2
You agree that LuxeHome Payments may seek to recover from you under any insurance policies you maintain and that LuxeHome Payments may also pursue against you any remedies it may have available, including, but not limited to, referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to any Damage Claim or payment requests made by Hosts under the Host Damage Protection.
7. Abandoned Property
7.1
If LuxeHome Payments holds funds due to you and it has not been able successfully to make payment to you of those funds (“Abandoned Property“) in accordance with Section 7.2, we may, subject to applicable law and the relevant limitation period, retain the Abandoned Property which would otherwise have been due to you and you will no longer have a claim for it.
7.2
Subject to applicable law, funds held for you by LuxeHome Payments will be considered Abandoned Property where any of the following apply:
- we do not have a valid Payment Method or Payout Method on file for you and you have not responded to our requests to provide us with a valid Payment Method or Payout Method; or
- we require further information to process the payment and you have not responded to our requests to provide such further information; or
- your LuxeHomeaccount has been ‘dormant’ (which means it has not been accessed or used) for the applicable limitation period and you have not responded to our requests to contact us.
8. Prohibited Activities
8.1
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, including to facilitate anyone else to breach or circumvent any applicable laws or regulations;
- breach or circumvent any agreements with third parties, third-party rights, or the Terms, Additional Legal Terms, Policies, or Standards;
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
- register or use any Payment Method or Payout Method with your LuxeHomeaccount that is not yours or you do not have authorization to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by LuxeHomePayments or any of LuxeHome Payments’ service providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
8.2
We are required to act in accordance with our internal policies and the laws of various jurisdictions relating to the prevention of money laundering and the implementation of sanctions including: (i) economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the U.S. government, including those administered by the Office of Foreign Asset Control or the U.S. Department of State; or (ii) by the United Nations Security Council, the European Union or His Majesty’s Treasury of the United Kingdom. You will comply with any relevant financial sanctions and any relevant export control laws applicable to you and to your local jurisdiction.
9. Force Majeure
LuxeHome Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from abnormal or unforeseeable circumstances outside the reasonable control of LuxeHome or LuxeHome Payments, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
10. Disclaimers
10.1
If you choose to use the Payment Services, you do so voluntarily and at your sole risk.
10.2
Notwithstanding LuxeHome Payments’ appointment as the limited payment collection agent of Hosts pursuant to Section 4 and subject to Section 11, LuxeHome Payments explicitly disclaims all liability for any act or omission by you, any Member or other third party. LuxeHome Payments does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
10.3
If we choose or are required to conduct identity verification on any Member, 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 Member or guarantee that a Member will not engage in misconduct in the future. We are not responsible for prior misconduct by a Member where such misconduct was unknown by us.
10.4
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
11. Liability
11.1
Subject to the sections below, to the maximum extent permitted by applicable law, LuxeHome Payment’s liability shall be limited and the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Airbnb account in any way, you are responsible for the actions taken by that person.
11.2
LuxeHome Payments shall not be liable for any losses where the loss is due to LuxeHome Payments’ compliance with obligations imposed on it by applicable law. LuxeHome Payments shall also not be liable for any losses resulting from your or another Member’s acts or omissions, including but not limited to any breach of these Payments Terms or of applicable law or if you or another Member have acted fraudulently or with negligence.
11.3
Nothing in these Payment Terms limits the liability of LuxeHome Payments for: (i) death or personal injury arising from LuxeHome Payments’ act or omission or negligence; (ii) fraud or fraudulent misrepresentation; (iii) wilful misconduct or gross negligence; (iv) losses directly caused by LuxeHome Payments’ breach of these Payment Terms or (v) any other liability which cannot be excluded or limited under applicable law (including for example a breach of statutory consumer rights or of statutory rights under payment laws and regulations).
11.4
LuxeHome Payments shall not be liable to you in any circumstances for any loss of business, loss of goodwill, loss of opportunity or loss of profit.
11.5
To the extent that LuxeHome Payments’ liability is excluded or limited, this also applies with regard to the personal liability of its legal representatives, employees, and other agents.
12. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at LuxeHome Payments’ option), indemnify, and hold LuxeHome Payments and its affiliates and subsidiaries, 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 (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been caused by your negligence or breach of a contractual obligation.
13. Modification, Term, Termination, and other Measures
13.1 Modification.
We may amend these Payment Terms at any time by providing you with at least two (2) months’ notice of such changes before they come into effect. We will give you notice of the proposed changes by email notifications, through the LuxeHome Platform, messaging service, or any other contact method made available by us and selected by you, and by posting the revised Payments Terms on a link on the LuxeHome Platform. You will be able to view the revised Payments Terms by accessing the link on the LuxeHome Platform and can save and print them should you choose. You understand that you will be deemed to have accepted the changes we make to these Payments Terms unless you terminate these Payments Terms or close your LuxeHome account (without penalty) prior to the expiry of the two (2) months’ notice period and before the changes come into effect. If you opt to terminate these Payment Terms or close your LuxeHome account, you will still be required to fulfill any of your outstanding obligations under the Terms, including in relation to upcoming bookings or the provision of Host Services.
13.2 Term.
This agreement between you and LuxeHome Payments is effective (i) if you are a Guest, from when you make your first booking; or (ii) if you are a Host, from when a Guest first books a Listing made available by you and you use the Payment Services, and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.
13.3 Termination.
You may terminate this agreement at any time by sending us an email or by deleting your LuxeHome account. Without limiting our rights specified below, LuxeHome Payments may terminate this agreement for convenience at any time by giving you two (2) months’ prior notice. LuxeHome Payments may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) LuxeHome Payments believes in good faith that such action is reasonably necessary to protect other Members, LuxeHome, LuxeHome Payments, or third parties. If you or LuxeHome Payments terminate this agreement, it will also terminate your LuxeHome account pursuant to the Terms.
13.4 Suspension and Other Measures.
LuxeHome Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if LuxeHome Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of LuxeHome, its Members, LuxeHome Payments, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method.
13.5 Appeal.
If LuxeHome Payments takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service.
13.6 Effect of Termination.
If you cancel your LuxeHome account as a Host or LuxeHome Payments takes any of the measures described above, LuxeHome Payments may provide a full refund to any Guests with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your LuxeHome account as a Guest, LuxeHome Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new LuxeHome account or attempt to access and use the Payment Services through an LuxeHome account of another Member.
13.7 Survival.
Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement
14. Governing Law and Dispute Resolution
14.1
If you are contracting with LuxeHome Payments UK, these Payments Terms will be interpreted in accordance with English law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As a consumer, you may only bring proceedings relating to these Payments Terms before the competent court of your place of residence or a court in England. If LuxeHome wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.
14.2
If you are contracting with LuxeHome Payments Luxembourg, these Payments Terms will be interpreted in accordance with Luxembourg law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Luxembourg law. As a consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a court in Luxembourg. If LuxeHome wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Luxembourg courts.
15. United States Arbitration Agreement
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND LUXEHOME PAYMENTS AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.
15.1 Application.
This Arbitration Agreement only applies to you if you are contracting with LuxeHome Payment US. If you are not contracting with LuxeHome Payments US, and you nevertheless attempt to bring any legal claim against LuxeHome Payments in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 15 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
15.2 Overview of Dispute Resolution Process.
LuxeHome Payments is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with LuxeHome’s customer service team (described in Section15.3), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and LuxeHome Payments each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.
15.3 Mandatory Pre-Arbitration Dispute Resolution and Notification.
At least 30 days prior to initiating an arbitration, you and LuxeHome Payments each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice”) and attempt in good faith to negotiate an informal resolution of the individual claim. You must send your Pre-Dispute Notice to LuxeHome Payments by mailing it to LuxeHome Payments’ agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. LuxeHome Payments will send its Pre-Dispute Notice to the email address associated with your LuxeHome account. A Pre-Dispute Notice must include: the date, your name, mailing address, your LuxeHome username, the email address you used to set up your LuxeHome account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 15.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.
15.4 Agreement to Arbitrate.
You and LuxeHome Payments mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and LuxeHome Payments agree that the arbitrator will decide that issue. For the avoidance of doubt, you and LuxeHome agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 15, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved by an arbitrator.
15.5 Exceptions to Arbitration Agreement.
You and LuxeHome Payments each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 15): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (ii) a request for the remedy of public injunctive relief; (iii) any claim or cause of action for vexatious litigation; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the LuxeHome Platform or Host Services. You and LuxeHome Payments agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
15.6 Arbitration Forum, Rules and Governing Law.
This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, Inc. (“ADR”) (www.adrservices.com) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules”) (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com. If an arbitration demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s 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. If the AAA cannot and will not administer the arbitration, you and LuxeHome Payments shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or LuxeHome Payments may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.
15.7 Modification of Arbitration Rules – Arbitration Hearing/Location.
In order to make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in San Francisco County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.
15.8 Modification of Arbitration Rules – Arbitration Fees and Costs.
Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules and the ADR Services fee schedule (available at www.adrservices.com). If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide LuxeHome Payments with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, LuxeHome Payments will pay your share of any arbitrator fees.
15.9 Modification of Arbitration Rules – Claims Brought for an improper Purpose or in Violation of This Arbitration Agreement.
Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.
15.10 Arbitrator’s Decision.
The arbitrator will issue a written decision which shall 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 any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
15.11 Jury Trial Waiver.
You and LuxeHome Payments acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.
15.12 No Class Actions or Representative Proceedings.
You and LuxeHome Payments acknowledge and agree that, to the fullest extent permitted by law, 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 or consolidated proceeding. Unless we agree in writing or as provided in this agreement, 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 there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
15.13 Mass Action Waiver.
You and LuxeHome Payments acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and LuxeHome Payments agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 15 and 15.12 of these Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or LuxeHome Payments from participating in a mass settlement of claims.
15.14 Modification of Arbitration Rules – Mass Action Batching Requirements.
If for any reason, notwithstanding Section 15.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the forgoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections 14 and 15.12 of these Terms.
15.15 Modifications of Arbitration Rules – Offers of Judgment.
At least 10 days before the date set for the arbitration hearing, you or LuxeHome Payments may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.
15.16 Severability.
Except as provided in Section 15.12, 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 will be given full force and effect.
15.17 Amendment to Agreement to Arbitrate.
If LuxeHome Payments amends this Section 15 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject the change by sending us written notice no later than thirty (30) days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your LuxeHome username, the email address you used to set up your LuxeHome account, your signature, and an unequivocal statement that you want to opt out of the amended Section 15. You must either mail your notice to this address: 888 Brannan St, San Francisco, CA 94103, Attn: Arbitration Opt-Out, or email the opt-out notice to [email protected]. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and LuxeHome Payments (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and LuxeHome Payments.
15.18 Survival.
Except as provided in Section 15.16 and subject to Section 13.7, this Section 15 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your LuxeHome account.
16. Miscellaneous
16.1 Interpreting these Payments Terms.
Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between LuxeHome Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between LuxeHome Payments and you regarding the Payment Services. If any provision of these Payments 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.
16.2 No Waiver.
LuxeHome Payments’ failure to enforce any right or provision in these Payments 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 Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
16.3 Assignment.
You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without LuxeHome Payments’ prior written consent. LuxeHome Payments may assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with two (2) months’ prior notice provided that this would not reduce your rights or benefits under these terms.
16.4 Notices.
Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by LuxeHome Payments via email or LuxeHome Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which LuxeHome Payments transmits the notice.
16.5 Language.
This agreement is concluded in the language as applied by the Terms and all communication undertaken during this contractual relationship shall be made in that language.
17. Additional Clauses for Users Contracting with LuxeHome Payments UK
This Section 17 will apply if you are contracting with LuxeHome Payments UK. To the extent that there is any conflict between this Section 17 and any other provision of these Payment Terms, the provisions of this Section 17 shall apply.
17.1 Payment Service User
17.1.1
The Payment Services include the payment collection service provided to Hosts contracting with LuxeHome Payments UK. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations 2017 and for these purposes LuxeHome Payments UK treats Hosts as the “payment service user”.
17.1.2
By agreeing to these Payments Terms you as a Host have consented to LuxeHome Payments UK’s payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 3.3. LuxeHome Payments UK will be deemed to have received the Host’s payment order to the Host on the same date LuxeHome Payments UK agrees to initiate the Payout in accordance with Section 3.3
17.1.3
LuxeHome Payments UK will endeavor to ensure that Hosts based in the UK will receive each Payout by the end of the business day following LuxeHome Payments UK’s initiation of the Payout.
17.1.4
Communication. LuxeHome Payments will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address.
17.2 Diverted Payouts and Complaints
17.2.1
If you as a Host believe or become aware that a Payout properly due to you has been or may be diverted without your authorization (“Diverted Payout”) because your password or other credentials to log into your LuxeHome account (“Credentials”) have been lost, stolen or misappropriated, you should notify LuxeHome Payments UK (see Section 20 for details on how) without undue delay.
17.2.2
If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method (including where there has been a Diverted Payout), LuxeHome Payments UK will (if requested by you without undue delay, on becoming aware of the unauthorized or incorrectly executed Payout and in any event within 13 months of it happening) make immediate efforts to trace the payment and will notify you of the outcome. Subject to Section 17.2.3, unless we can prove that (i) the Payout was received by you via your chosen Payout Method, or (ii) we made the Payout correctly using the Payout Method information you provided but the information you provided was incorrect, we will refund the amount. Where you have given us incorrect information, we will not be liable for the defective or non-execution of the Payout, however, we will make reasonable efforts to recover the Payout funds.
17.2.3
You must use your Credentials in accordance with these Payment Terms, and take all reasonable steps to keep your Credentials safe. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of £35. This will not apply if the loss, theft or misappropriation of your Credentials was not detectable by you prior to the Payout, unless you acted fraudulently or the loss was caused by acts or omissions of LuxeHome personnel or a service provider. You may however be liable for all losses relating to a Diverted Payout if we can show that you acted fraudulently or where, with intent or gross negligence, you failed to use the LuxeHome Platform and/or Payment Services in accordance with the Terms or these Payment Terms (including the obligation to keep your Credentials safe). Except where you have acted fraudulently, you will not be liable for any losses incurred in respect of a Diverted Payout arising after notification by you of the loss, theft, or misappropriation of your Credentials or of the unauthorized use of your Credentials, where we have failed at any time to provide appropriate means for such notification, or where we do not require strong customer authentication, where required.
17.2.4
Any complaints about the Payment Services should be made to LuxeHome Payments UK (see Section 20 for details on how). If you are not happy with the outcome of a complaint and you as a Host have received regulated Payment Services from LuxeHome Payments UK, you may also be able to refer your complaint to the Financial Ombudsman. All complaints to the Financial Ombudsman Service are subject to the rules of the Financial Ombudsman Service, including in relation to eligibility requirements. The UK Financial Ombudsman Service offers a free complaints resolution service. You may obtain further information regarding the Financial Ombudsman Services and contact details at: https://www.financial-ombudsman.org.uk.
18. Additional Clauses for Users Contracting with LuxeHome Payments Luxembourg
This Section 18 will apply if you are contracting with LuxeHome Payments Luxembourg. To the extent that there is any conflict between this Section 18 and any other provision of these Payment Terms, the provisions of this Section 18 shall apply.
18.1 Payment Service User
18.1.1
The Payment Services include the payment service provided to Hosts contracting with LuxeHome Payments Luxembourg. These services constitute “payment services” regulated under the modified Law of 10 November 2009 on payment services (“Law of 2009”) and for these purposes LuxeHome Payments Luxembourg treats Hosts as the “payment service user” according to the Law of 2009.
18.1.2
By agreeing to these Payments Terms you as Host have consented to LuxeHome Payments Luxembourg’s payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 3.3. LuxeHome Payments Luxembourg will be deemed to have received the Host’s payment order to the Host on the same date LuxeHome Payments Luxembourg agrees to initiate the Payout in accordance with Section 3.3.
18.1.3
As between you and LuxeHome Payments Luxembourg, the legal provisions relating to the form of and procedure for giving consent to the initiation of a payment order or the execution of a payment transaction and the withdrawal of such consent in accordance with Articles 81 and 93 of the Law of 2009 shall apply at any time.
18.1.4
LuxeHome Payments Luxembourg will endeavor to ensure that Hosts based in the EEA will receive each Payout by the end of the business day following LuxeHome Payments Luxembourg’s initiation of the Payout.
18.1.5
Communication. LuxeHome Payments will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address.
18.1.6
Notwithstanding the provisions of Article 1341 of the Civil Code, LuxeHome Payments shall, whenever useful or necessary, be entitled to prove its allegations by any means legally admissible in commercial matters, such as witness statements, affidavits, electronic records and any other suitable documents.
18.2 Resolution Procedures for Diverted Payouts
18.2.1
If you as a Host believe or become aware that a Payout properly due to you has been or may be diverted without your authorization (“Diverted Payout”) because your password or other credentials to log into your LuxeHome account (“Credentials”) are lost or stolen or in case of an unauthorized, incorrectly initiated or incorrectly executed payment transaction, you should notify LuxeHome Payments Luxembourg pursuant to Section 20 immediately. You must notify LuxeHome Payments immediately on becoming aware of, and no later than 13 months after the debit date of, the unauthorized or incorrectly executed Payout. In the case of such an unauthorized payment transaction, LuxeHome Payments will refund you the amount of the unauthorized payment transaction by the end of the following business day after noting, or in accordance with Section 20 being notified of, the transaction. LuxeHome Payments has no such obligation if it has reasonable grounds for suspecting fraud. You will be obliged to bear the losses relating to an unauthorized Payout for up to EUR 50 where such unauthorized Payout results from the loss or theft of your Credentials or from the misappropriation of your Credentials. You will not be obliged to bear the losses where: (a) the loss, theft or misappropriation of your Credentials was not detectable to you prior to a Payout, except where you have acted fraudulently; or (b) the loss was caused by acts or lack of action of LuxeHome Payments. You will be liable for all losses incurred in respect of a Payout made by LuxeHome Payments which was not authorized by you where you have acted fraudulently or have not notified LuxeHome Payments on time in accordance with this section and Section 20. You will not bear any financial consequences resulting from your lost, stolen or misappropriated Credentials after notification to us, in accordance with this section and Section 20.
18.2.2
We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the LuxeHome Platform and/or Payment Services in accordance with the Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) if LuxeHome Payments provides evidence to you that the Payout has been received on time and in full by you or your payment service provider, or (iii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect. In these circumstances, you can request from LuxeHome Payments that it should endeavor, using appropriate means available to it, to recover the payment amount. If recovering the payment amount is not possible, LuxeHome Payments will, upon written request, provide you with any information that it has and that is relevant to you for the purpose of taking legal action to assert your claim for the refund of the amount. For this recovery, LuxeHome Payments may charge a fee.
18.2.3
If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method, LuxeHome Payments Luxembourg will (if requested) make immediate efforts to trace the payment and will notify you of the outcome.
18.3 Out-of-court complaints
Any complaint, namely relating to any loss, theft, misappropriation or unauthorized use in connection with the Payment Services, or unauthorized or erroneous transactions should be made in writing to LuxeHome Payments Luxembourg pursuant to Section 20. If you are not happy with the outcome of a complaint and you as a Host have received regulated Payment Services from LuxeHome Payments Luxembourg, you may file your request with the supervisory authority of LuxeHome Payments Luxembourg, the CSSF (as defined in Section 20) within one year after you filed your complaint with LuxeHome Payments Luxembourg. The CSSF will act as an out-of-court complaint resolution body. The request must be filed with the CSSF in writing, by post or by email to the relevant address available on the CSSF website, or online on the CSSF website. The request shall be filed in English, French, German or Luxembourg-ish. The request shall be supported by a statement of the reasons on which it is based together with the following documents:
- a detailed and chronological statement of the facts underlying the complaint and the steps already taken by you;
- a copy of the prior complaint made to LuxeHomePayments Luxembourg;
- a copy of the answer to the prior complaint or the confirmation that you did not receive an answer one month after you sent your prior complaint;
- the statement that you did not refer the matter to a court, an arbitrator or another out-of-court complaint resolution body in Luxembourg or abroad;
- your agreement with the request handling conditions of the CSSF as body responsible for the out-of-court resolution of your complaint;
- your express authorization so that the CSSF can transmit its request (including the attachments) as well as any future correspondence or information to LuxeHomePayments Luxembourg;
- in the case where a person acts on your behalf, a document showing that the person is legally entitled to act so; and
- a copy of your valid ID document.
18.4. For Guests with France As Country of Residence.
Notwithstanding anything to the contrary in the Payments Terms, for the avoidance of any doubt, in connection with Guests who reside in France, the Total Price, installments or periodic payments, including Recurring Payments, collected by LuxeHome Payments from such Guest are down payments (“acomptes”) within the meaning of French law.
18.5 Outsourcing.
We use a variety of service providers (some belonging to the LuxeHome group and some being third party service providers) in the context of outsourcing arrangements to help us provide our services in an efficient and qualitative manner. The use of such service providers requires that we transfer or make available some data to them. You agree to such outsourcing arrangements and instruct us to transfer or make accessible data (as further defined below) concerning you and, where relevant, concerning persons linked to you (provided in connection with your LuxeHome account) such as your beneficial owner(s) and representative(s), to a number of service providers in the context of outsourcing arrangements regarding technical (including IT), operational, payment processing, internal control, customer due diligence (including background or police checks), fraud prevention, risk assessment, product development, maintenance and debugging, advertising, processing of insurance claims, customer support and other services. The data to be transferred or made available includes, if you are an individual, your surname, first name, address, date and place of birth and nationality, and if you are a legal entity your corporate name, registered office, legal form, registration number for legal entities, as well as the aforementioned data on individuals for your beneficial owner(s) and representative(s). The data to be transferred or made available includes also for any person its contact details such as phone numbers and e-mail addresses as well as financial data and usage data in relation to our services (including payment method, payout method, payment transaction). The recipients of the data are located in the United States, the United Kingdom, Ireland, India, Luxembourg, Netherlands, Germany and Spain, as well as other countries in Europe, Asia Pacific and North and South America. Such data transfers will take place throughout the term of the business relationship between us and you as well as for an additional period as permitted by law after the end of the business relationship. You acknowledge that the transferred data is no longer protected by Luxembourg professional secrecy after its transfer.
19. Additional Clauses for Users that are Businesses
The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
19.1
You accept the Payments Terms and you will be responsible for any act or omission of Representative’s employees or third-party agents using the Payment Service on your behalf.
19.2
You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
19.3
You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.
19.4
If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with LuxeHome for Work, as permitted by your account, you authorize LuxeHome Payments to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.
19.5
For any Payout Method linked to your LuxeHome account, you authorize LuxeHome Payments to store the Payout Method, remit payments using the Payout Method for bookings associated with your LuxeHome account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
19.6
If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp.
20. Contacting LuxeHome Payments
You may contact LuxeHome Payments regarding the Payment Services using the information below:
Entity | Contact Information |
LuxeHome Payments UK Ltd. | Please contact LuxeHome Customer Services via our Help Centre if you need assistance with updating your personal or business information or if you’d like to make a complaint about our Services. LuxeHome Payments UK Limited is authorised and regulated by the Financial Conduct Authority as an Electronic Money Institution with reference number 900596 with registered office at 280 Bishopsgate, London, EC2M 4RB, United Kingdom. |
LuxeHome Payments Luxembourg S.A. | Please contact LuxeHome Customer Service if you need assistance with updating your personal or business information. If you would like to make a complaint, please write to us at: 4, rue Henri Schnadt or via email to: LuxeHome Payments Luxembourg S.A. is authorised and regulated by the Commission de Surveillance du Secteur Financier (“CSSF”) with reference number Z21, established at 283, route d’Arlon, L-1150 Luxembourg (Tel.: (+352) 26 25 1 – 1). You can find more information about the CSSF on its website at https://www.cssf.lu. You can find the forms and instructions regarding an application for the official complaints procedure on the CSSF’s website (https://www.cssf.lu/en/customer-complaints/). The official e-mail address to be used is [email protected] |
LuxeHome Payments will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.
Payments Terms of Service for Australian Users
If your country of residence or establishment is within Australia, these Payments Terms for Australian Users (“Payments Terms”) are subject to the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law and other Australian laws. These Payments Terms (including clauses 10.1, 10.2, 11 and 12) apply to the maximum extent permitted by Australian law, including the Australian Consumer Law.
If you attempt to bring any legal claim against LuxeHome Payments in the United States, the arbitration agreement and class actions waiver in Section 15 apply to you. Please read them carefully.
The LuxeHome Terms of Service (“Terms”) govern your use of the LuxeHome Platform. Capitalized terms not defined in these Payments Terms have the meaning ascribed to them in the Terms
Last Updated: 25 January 2024
These Payments Terms and the documents, policies and standards referred within them, form a binding legal agreement between you and LuxeHome Payments that govern the Payment Services (defined below) conducted through or in connection with the LuxeHome Platform.
Documents referred to within these Payments Terms include but are not limited to our:
- Terms of Service, which govern your right to use the websites, applications, and other offerings from LuxeHome(collectively, the “LuxeHome Platform”).
- Re-booking and Refund Policy, which explains how LuxeHomewill assist with rebooking a reservation and how LuxeHome handles refunds when a Host cancels a reservation or another Travel Issue disrupts a stay.
- Experiences Guest Refund Policy, which explains how refunds are handled for Experiences when a Host cancels or a Travel Issue occurs.
- Major Disruptive Events Policy, which explains how cancellations are handled when unforeseen events beyond your control arise after booking and make it impractical or illegal to complete your Reservation.
- Host Damage Protection Policy, which explains the terms, exclusions and limitations under which LuxeHomewill agree to pay a Host to repair or replace Covered Property as a result of a Covered Loss.
- Community Policies, which sets out expectations of Members of the LuxeHome
- Content Policy, which governs the posting by Members of content on the LuxeHome
For convenience, we have set out above several terms and policies that are referred to in these Payments Terms. However, it is important to note that there are other supplemental policies and terms linked from our Additional Legal Terms page, which apply to your use of the LuxeHome Platform, and are incorporated by reference, and also form part of the binding legal agreement between you and LuxeHome.
Our terms and policies are organized based on the topic(s) to which they relate so as to make it easy for you to find the terms or policy relevant to your query or event.
When these Payments Terms mention “LuxeHome Payments,” “we,” “us,” or “our,” it refers to:
Airbnb Payments UK Ltd. (“LuxeHome Payments UK”), except when you book a Host Service, in which case you are contracting with LuxEHome Payments Australia Pty Ltd (“LuxeHome Payments Australia”).
LuxeHome Payments provides payments services to Members publishing, offering and booking Accommodations, Experiences or other Host Services, including services in connection with the Open Homes Program and other current and future services provided via the LuxeHome Platform. These payment services are provided for the benefit of Hosts and may include (if available) the following (collectively, “Payment Services”):
- Collecting payments from Guests (“Payin”), by charging the payment method provided by the Guest or associated with their LuxeHomeaccount, such as credit card, debit card, bank account, PayPal account, digital wallet or installments product provided by a credit provider (“Payment Method”);
- Effecting payments to Hosts (“Payout”) to a financial instrument associated with their LuxeHomeaccount, such as a PayPal account, bank account, a prepaid card, or a debit card (“Payout Method”);
- Effecting payments to a third-party Payout Method designated by a Host;
- Collection and payment of charitable donations;
- Payment collection services; and
- Other payment related services in connection with Host Services.
LuxeHome Payments provides regulated Payment Services only to Hosts as the Host’s limited payment collection agent by accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.
In order to use the Payment Services, you must be at least 18 years old, must have an LuxeHome account in good standing in accordance with the Terms, and must keep your payment and personal information accurate and complete and provide us with identity and other information as requested by us.
If you change your country of residence, the LuxeHome company you contract with and the applicable version of the Payments Terms will be determined by your new country of residence from the date on which your country of residence changes. By continuing to use the Payment Services after your change of country of residence, you agree to such change of contracting party and terms. Please note, however, that the LuxeHome Payments company with whom you contract will stay the same for all bookings made prior to your change of residence.
Table of Contents for Australian Users
- Your use of the Payment Services
- Guest Terms
- Host Terms
- Appointment of LuxeHomePayments as Limited Payment Collection Agent
- General Terms
- Damage Claims and Damage Amounts
- Abandoned Property
- Prohibited Activities
- Force Majeure
- Disclaimers
- Liability
- Indemnification
- Modification, Term, Termination, and other Measures
- Governing Law and Dispute Resolution
- United States Arbitration Agreement
- Miscellaneous
- Additional Clauses for Users Contracting with LuxeHomePayments UK
- Additional Clauses for Users that are Businesses
- Contacting LuxeHomePayments
1. Your use of the Payment Services
1.1 LuxeHome Payment Services.
By using the Payments Services, you agree to comply with these Payments Terms. LuxeHome Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services.
1.2 Third Party Services.
The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. LuxeHome Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by LuxeHome Payments of those Third-Party Services.
1.3 Your LuxeHome Account.
LuxeHome Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your LuxeHome account. You may authorize a third party to use your LuxeHome account if the feature is enabled for your LuxeHome account. You acknowledge and agree that anyone you authorize to use your LuxeHome account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
1.4 Identification and Verification.
You authorize LuxeHome Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide, and if applicable, verifying the identity of the representative(s) and beneficial owner(s). This may include (i) screening you and, if applicable, your representative(s) and beneficial owner(s) against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you and, if applicable, your representative(s) and beneficial owner(s) to provide a form of government identification (e.g., driver’s license or passport) to check your name, place and date of birth, your address, nationality and/or other information which we deem necessary under applicable laws. If you are providing information for identification and verification about your representative(s) and/or beneficial owner(s) on their behalf, by providing such information, you are confirming that you have the authority and requisite rights to provide their information (including consent, where applicable) to LuxeHome Payments for LuxeHome Payments to carry out the purposes set out in this Section 1.4; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). LuxeHome Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms.
Your access to or use of certain Payment Services may be subject to you first having to agree to or to accept (expressly or by conduct) additional terms and conditions, including those of third party providers of Payment Services. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the terms and conditions applicable to the specific Payment Service will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise in the terms and conditions applicable to the specific Payment Service.
2. Guest Terms
2.1 Adding a Payment Method.
When you add a Payment Method to your LuxeHome account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to LuxeHome Payments or its third-party payment processor(s). You authorize LuxeHome Payments and its payment processor(s) to collect and store your Payment Method information in accordance with LuxeHome’s privacy policy.
2.2 Payment Method Verification.
When you add or use a new Payment Method, LuxeHome Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your LuxeHome account so it can be used for a future transaction. You may not remove the Payment Method associated with a reservation, during the period commencing from the date of your booking and ending fourteen (14) days following your check-out date, nor during any additional period of time needed to resolve any outstanding Damage Claim associated with such booking.
2.3 Payment Authorization.
You allow LuxeHome Payments to charge your Payment Method (including charging more than one Payment Method), either directly or indirectly, for all fees and other amounts due (including any applicable taxes) in connection with your LuxeHome account, including Damage Claim amounts in accordance with the Terms and with Sections 5 and 6.
2.4 Automatic Update of Payment Method.
If your Payment Method’s account information changes (e.g., account number, routing number, expiration date or CVV or CVC number) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
2.5 Timing of Payment.
LuxeHome Payments generally charges the Total Price due after the Host accepts your booking request. LuxeHome may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the LuxeHome Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If LuxeHome Payments is unable to collect the Total Price due, as scheduled, LuxeHome Payments will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
2.6 Currency.
2.6.1
You are able to select your currency in your settings. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence and/or your LuxeHome Payments contracting entity(ies). Any such limitations will be communicated via the LuxeHome Platform, and you will be prompted to select a different currency or Payment Method if your preferred currency is not available.
2.6.2.
Note that if the country in which your LuxeHome Payments contracting entity is located is different from the country of your Payment Method provider or the preferred currency in your settings is different than your Payment Method’s billing currency, your payment may be processed outside of your country of residence. As a result, your Payment Method provider may impose certain fees and the amount listed on your Payment Method statement may be different from the amount shown at checkout. For example, if you make a booking using an Australian issued card, but the preferred currency in your settings is set to US dollars, your payment may be processed outside Australia, and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if the preferred currency in your settings is different from your Payment Method’s billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. LuxeHome Payments is not responsible for any such fees and disclaims all liability in this regard. Please contact your Payment Method provider if you have any questions about these fees or any exchange rate imposed by your Payment Method provider.
2.7 Booking Request Status.
If a requested booking is declined because it is not accepted by the Host, you cancel the booking request before it is accepted by the Host, or LuxeHome cancels the booking, any amounts collected by LuxeHome Payments and due to you pursuant to the policies described in Section 5.5 will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable) in accordance with Section 5.5.2.
2.8 Payment Restrictions.
LuxeHome Payments reserves the right to decline or limit payments that we reasonably believe (i) may violate LuxeHome Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, LuxeHome, LuxeHome Payments, or others to risks reasonably unacceptable to LuxeHome Payments.
2.9 Payment Service Providers.
Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and LuxeHome Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
2.10 Your Payment Method, Your Responsibility.
LuxeHome Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you. LuxeHome Payments does not provide any regulated Payment Services to you.
3. Host Terms
3.1 Payment Collection.
LuxeHome Payments generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise.
3.2 Valid Payout Method.
3.2.1
In order to receive a Payout you must have a valid Payout Method linked to your LuxeHome account. When you add a Payout Method to your LuxeHome account, you will be asked to provide information, which may include name, government identification, tax identification, billing address, and financial instrument information either to LuxeHome Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information LuxeHome Payments requires for a valid Payout Method may change, and LuxeHome Payments may request additional information at any time; failing to provide requested information may result in LuxeHome Payments temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated.
3.2.2
You authorize LuxeHome Payments to collect and store your Payout Method information in accordance with LuxeHome’s Privacy Policy. LuxeHome Payments may also share your information with governmental authorities as required by applicable law.
3.3 Timing of Payout
3.3.1
Subject to and conditional upon successful receipt of the associated payments from Guests, LuxeHome Payments will generally initiate Payouts to your selected Payout Method: (i) for Accommodations, 24 hours after the Guest’s scheduled check-in time (or 24 hours after 3:00 pm local time – or 3:00 pm UTC if local time is unknown – if the check-in time is flexible or not specified); (ii) for Experiences, 24 hours after the start of the Experience; and (iii) for all other Host Services, at the time specified via the LuxeHome Platform. For Accommodation bookings of twenty-eight (28) nights or more, LuxeHome Payments will generally initiate the first payout 24 hours after the Guest’s scheduled check-in time, and will initiate future payouts every 30 days after the initial payout, for the duration of the reservation.
3.3.2
LuxeHome Payments may offer you a different Payout time or trigger for payment via the LuxeHome Platform. The time it takes to receive Payouts once released by LuxeHome Payments may depend upon the Payout Method you select.
3.4 Payout.
Your Payout for a booking will be the Total Price less applicable fees like LuxeHome service fees and applicable taxes and any amounts you agree to allocate to any co-host, or the owner(s) of an Accommodation, a homeowners’ association, and/or their agent (such as a building operator or property management company). In the event of cancellation of a confirmed booking, LuxeHome Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions.
LuxeHome Payments may temporarily place a hold, suspend, or cancel any Payout for the purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity or where applicable the identity of your representative(s) or beneficial owner(s), or to obtain or verify requested information. Furthermore, LuxeHome Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume booking cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Payout Currency.
LuxeHome Payments will remit your Payouts in the currency you select via the LuxeHome Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your LuxeHome contracting entity(ies). Any such limitations will be communicated via the LuxeHome Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and LuxeHome Payments is not responsible for any such fees and disclaims all liability in this regard.
3.7 Limits on Payouts.
For compliance or operational reasons, LuxeHome Payments may limit the amount of a Payout. If you are due an amount above that limit, LuxeHome Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.8 Payment Service Providers.
Payout Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and LuxeHome Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use from such third-party payment service providers. Please review them before using your Payout Method.
3.9 Handling of Funds.
LuxeHome Payments may combine amounts that it collects from Guests and invest them as permitted under applicable laws. LuxeHome Payments will retain any interest it earns on those investments.
3.10 Your Payout Method, Your Responsibility.
Subject to Section 17, LuxeHome Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
4. Appointment of LuxeHome Payments as Limited Payment Collection Agent
4.1
Each Host, including each Host Team member, hereby appoints LuxeHome Payments as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.
4.2
Each Host, including each Host Team member, agrees that payment made by a Guest through LuxeHome Payments, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that LuxeHome Payments may refund the Guest in accordance with the Terms. Each Host understands that LuxeHome Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. LuxeHome Payments guarantees payments to Host(s) only for such amounts that have been successfully received by LuxeHome Payments from Guests in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, LuxeHome Payments assumes no liability for any acts or omissions of the Host, except for acts or omissions the Host is directed to engage in by LuxeHome Payments.
4.3
Each Guest acknowledges and agrees that, notwithstanding the fact that LuxeHome Payments is not a party to the agreement between you and the Host(s), including each Host Team member, LuxeHome Payments acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to LuxeHome Payments, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and LuxeHome Payments is responsible for remitting the funds successfully received by LuxeHome Payments to the Host(s) in the manner described in these Payments Terms. In the event that LuxeHome Payments does not remit any such amounts, the Host(s) will have recourse only against LuxeHome Payments and not the Guest directly.
4.4
At no point in time is LuxeHome Payments holding funds on behalf of the Guest or providing the Guest a payment service.
5. General Terms
5.1 Fees.
LuxeHome Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the LuxeHome Platform prior to being charged.
5.2 Payment Authorizations.
You authorize LuxeHome Payments to collect from you amounts due pursuant to these Payments Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your LuxeHome account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Airbnb Payments to collect from you:
- Any amount due to LuxeHomeor LuxeHome Payments (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Host or user of the LuxeHome Platform), including reimbursement for costs prepaid by LuxeHome or LuxeHome Payments on your behalf. Any funds collected by LuxeHome Payments will set off the amount owed by you to LuxeHome or LuxeHome Payments and extinguish your obligation to LuxeHome or LuxeHome
- Any amount due to a Host from a Guest which LuxeHomecollects as the Host’s payment collection agent as further set out in Section 4 above.
- Taxes, where applicable and as set out in the Terms.
- Any amount you pay through the Resolution Center in connection with your LuxeHome
- Any Damage Claim amounts owed to LuxeHomeor LuxeHome Payments in accordance with the Terms and Section 6.
- Overstay penalties payable under the Terms, including any cost and expenses incurred in collecting the overstay penalty.
- Any service fees or cancellation fees imposed pursuant to the Terms(e.g., if, as a Host, you cancel a confirmed booking).
- Any amounts already paid to you as a Host despite a Guest canceling a confirmed booking or LuxeHomedeciding that it is necessary to cancel a booking in accordance with the Terms, Rebooking and Refund Policy, Experiences Guest Refund Policy, Major Disruptive Events Policy, or other applicable cancellation policy. You agree that in the event you have already been paid, LuxeHome Payments will be entitled to recover the amount of any such Guest refund from you, including by subtracting such refund amount out from any future Payouts due to you.
If you owe an amount at any time after a booking, such as with Payment Plan or Recurring Payment charges, Booking Modifications, Resolution Center payments or Damage Claims (“Additional Amounts”), you authorize LuxeHome Payments to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part. LuxeHome Payments will notify you in writing before any Additional Amounts are charged.
If your Payment Method associated with the relevant booking is expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts and LuxeHome Payments may charge the Payment Method related to your booking again or use any other Payment Method on file associated with your LuxeHome account, if available, to collect such Additional Amounts. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you.
If LuxeHome has reason to believe that you as a Host participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and LuxeHome Payments released the payout for such stay, LuxeHome Payments may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you.
In addition to any amount due as outlined above, if there are amounts which you owe us but are unpaid or chargebacks associated with your Payment Method, you may be charged fees or costs for reasonable steps taken by LuxeHome and/or LuxeHome Payments to collect, recover or process these amounts and chargebacks (“Collection Fees”). The Collection Fees will be limited to: (a) reasonable costs directly incurred by LuxeHome Payments and/or LuxeHome (such as costs associated with the time our personnel spend collecting, recovering or processing the relevant amounts); and (b) collection fees, convenience fees or other fees or costs that are charged to LuxeHome Payments and/or LuxeHome by third parties.
5.3 Collections from Guests and Hosts
5.3.1
If LuxeHome Payments is unable to collect any amounts you owe, as a Guest or as a Host, under the Terms and these Payments Terms, LuxeHome Payments may engage in collection efforts to recover such amounts from you.
5.3.2
LuxeHome Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after LuxeHome Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Host’s LuxeHome account or the associated services have been provided, whichever is later.
5.3.3
LuxeHome Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges to your Payment Method with respect to a Guest transaction, after LuxeHome Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s LuxeHome account or the associated services have been provided, whichever is later.
5.3.4
You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to LuxeHome and/or LuxeHome Payments by you. Such communications may be made by LuxeHome, LuxeHome Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors
5.4.1
LuxeHome Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by LuxeHome Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error). For Hosts, this may include, by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
5.4.2
To the extent you receive any funds in error, you agree to promptly return such funds to LuxeHome Payments after you become aware that you have received such funds in error.
5.5 Refunds
5.5.1
Any refunds or credits due to a Member pursuant to the Terms, Major Disruptive Events Policy, Rebooking and Refund Policy, and Experiences Guest Refund Policy, will be initiated and remitted by LuxeHome Payments in accordance with these Payments Terms.
5.5.2
Subject to this Section 5.5.2, LuxeHome Payments will initiate the refund process immediately. In the case of a cancellation by a Host, LuxeHome Payments will hold the funds for up to 72 hours until the Guest is either refunded or the funds are used to rebook with another Host. In certain instances, the refund process may include the option to receive credit in lieu of a cash refund; if this option is made available to you, the timing of your refund will be communicated via the LuxeHome Platform. The time it takes to receive any cash refund or for any pre-authorization of your Payment Method to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, LuxeHome Payments will initiate and process the refund as soon as is practicable.
6. Damage Claims and Damage Amounts
6.1
If you are responsible for Damage Claim amounts, pursuant to Section 14 of the Terms, LuxeHome via LuxeHome Payments may, on reasonable notice to you, charge the Payment Method used to make the booking or any other Payment Method associated with your LuxeHome account at the time of the Damage Claim or within a reasonable period thereafter in order to collect the Damage Claim amounts, up to a maximum amount as defined in Section 14 of the Terms. To facilitate this charge, when you book a Listing, you are agreeing that LuxeHome via LuxeHome Payments may charge the Payment Method used to book the Listing in order to collect Damage Claim amounts.
6.2
To the maximum extent permitted by law, you agree that LuxeHome Payments may seek to recover from you under any insurance policies you maintain and that LuxeHome Payments may also pursue against you any remedies it may have available, including, but not limited to, referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to a Damage Claim, or payment requests made by Hosts under the Host Damage Protection.
7. Abandoned Property
If LuxeHome Payments holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.
8. Prohibited Activities
8.1
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, including to facilitate anyone else to breach or circumvent any applicable laws or regulations;
- breach or circumvent any agreements with third parties, third-party rights, or the Terms, Additional Legal Terms, Policies, or Standards;
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
- register or use any Payment Method or Payout Method with your LuxeHomeaccount that is not yours or you do not have authorization to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by LuxeHomePayments or any of LuxeHome Payments’ service providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
8.2
We are required to act in accordance with our internal policies and the laws of various jurisdictions relating to the prevention of money laundering and the implementation of sanctions including: (i) economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the U.S. government, including those administered by the Office of Foreign Asset Control or the U.S. Department of State; or (ii) by the United Nations Security Council, the European Union or His Majesty’s Treasury of the United Kingdom. You will comply with any relevant financial sanctions and any relevant export control laws applicable to you and to your local jurisdiction.
9. Force Majeure
As between LuxeHome and a Member, neither shall be liable to the other for any delay or failure to perform resulting from causes outside their reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”). For the avoidance of doubt, this clause does not: (i) apply to a Reservation, which is subject to the Host’s cancellation policy and the Major Disruptive Events Policy; or (ii) operate to extend deadlines applicable to a Resolution Centre Request, a Host Damage Protection claim, an Aircover for guests claim, a Travel Issue under the Rebooking and Refund Policy or an Experiences Issue under the Experiences Guest Refund Policy, or other requests, claims or reporting under similar policies that are incorporated by reference into these Terms.
10. Disclaimers
10.1
If you choose to use the Payment Services, you do so voluntarily and at your sole risk.
10.2
Notwithstanding LuxeHome Payments’ appointment as the limited payment collection agent of Hosts pursuant to Section 4 and subject to Section 11, LuxeHome Payments explicitly disclaims all liability for any act or omission by you, any Member or other third party. LuxeHome Payments does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
10.3
If we choose or are required to conduct identity verification on any Member, 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 Member or guarantee that a Member will not engage in misconduct in the future. We are not responsible for prior misconduct by a Member where such misconduct was unknown by us.
10.4
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
11. Liability
11.1
You acknowledge and agree that, to the maximum extent permitted by law, the risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your LuxeHome account in any way, you are responsible for the actions taken by that person. To the maximum extent permitted by law, no party, including LuxeHome’s affiliates and personnel, or any other party involved in or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages. Incidental, special, exemplary or consequential damages, include, to the maximum extent permitted by law, lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services. Neither is LuxeHome Payments liable nor any other party liable, to the extent permitted by law, for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not LuxeHome Payments 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.
11.2
Except for: (i) LuxeHome’s obligation to pay amounts to applicable Hosts pursuant to these Payments Terms; (ii) LuxeHome’s obligation to make payments under the LuxeHome Host Damage Protection, which contains its own limitation of liability; and/or (iii) LuxeHome Payments’ wilful breach of these Terms, to the maximum extent permitted by law, in no event shall LuxeHome Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (A) to Guests, three (3) times the amount you paid for the relevant Reservation(s) giving rise to the liability, or (B) to Hosts, three (3) times the amount paid to you for the relevant Reservation(s) giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between LuxeHome Payments and you.
11.3
Except in the case of a Member’s wilful breach of these Terms, to the maximum extent permitted by law, in no event shall a Member’s liability to LuxeHome or any other party involved in creating, producing, or delivering the LuxeHome Platform or any Content for any claim or dispute arising out of or in connection with these Payments Terms, interaction with any Member, or your use of or inability to use the LuxeHome Platform, any Content, or any Host Service exceed: (A) in the case of Guests, three (3) times the amount you paid for the relevant Reservation(s) giving rise to the liability, or (B) in the case of Hosts, three (3) times the amount paid to you for the relevant Reservation(s) giving rise to the liability.
12. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at Luxehome Payments’ option), indemnify, and hold LuxeHome (including LuxeHome Payments, other affiliates and subsidiaries, 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 (i) your breach of these Payments Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies, or Standards; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit Taxes; or (iv) your breach of any laws, regulations, or third-party rights, such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your negligence or breach of a contractual obligation.
13. Modification, Term, Termination, and other Measures
13.1 Modification.
LuxeHome Payments may modify these Payments Terms at any time. If we make material changes to these Payments Terms, we will post the revised Payments Terms on the LuxeHome Platform and update the “Last Updated” date at the top of these Payments Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least two (2) months before the date they become effective. If you do not terminate your agreement before the date the revised Payments Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.
13.2 Term.
This agreement between you and LuxeHome Payments is effective (i) if you are a Guest, from when you make your first booking; or (ii) if you are a Host, from when a Guest first books a Listing made available by you and you use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.
13.3 Termination.
You may terminate this agreement at any time by sending us an email or by deleting your LuxeHome account. Without limiting our rights specified below, LuxeHome Payments may terminate this agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address (or two (2) months’ prior notice for Members contracting with LuxeHome Payments UK). LuxeHome Payments may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) LuxeHome Payments believes in good faith that such action is reasonably necessary to protect other Members, LuxeHome, LuxeHome Payments, or third parties. In case of non-material breaches or where otherwise reasonable, you will be given reasonable notice of any actions that LuxeHome proposes to take and an opportunity to remedy the non-material breach (if it is capable of remedy) unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. Terminating this agreement will also serve as notice to cancel your LuxeHome account pursuant to the Terms.
13.4 Suspension and Other Measures.
LuxeHome Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have materially breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if LuxeHome Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of LuxeHome, its Members, LuxeHome Payments, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method.
13.5 Appeal.
If LuxeHome Payments takes any of the measures described in Section 13.3 you may appeal such a decision by contacting customer service.
13.6 Effect of Termination.
If you cancel your LuxeHome account as a Host or LuxeHome Payments takes any of the measures described above, LuxeHome Payments may provide a full refund to any Guests with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your LuxeHome account as a Guest, LuxeHome Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new LuxeHome account or attempt to access and use the Payment Services through an LuxeHome account of another Member.
13.7 Survival.
Sections 1.2, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 19, survive expiry or termination, together with any other terms that, by reasonable implication or to give them efficacy are, or are intended, to be performed in whole or in part after the expiry or termination of this agreement.
14. Governing Law and Dispute Resolution
14.1
If you are contracting with LuxeHome Payments UK, these Payments Terms will be interpreted in accordance with English law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As a consumer, you may only bring proceedings relating to these Payments Terms before the competent court of your place of residence or a court in England. If LuxeHome wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.
14.2
If you are contracting with LuxeHome Payments Australia, these Payments Terms will be governed by the laws of the State of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of that State and courts of appeal of that State in respect of any proceedings arising out of or in connection with this agreement.
15. United States Arbitration Agreement
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND LUXEHOME PAYMENTS AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.
15.1 Application.
This Arbitration Agreement only applies to you if you are contracting with LuxeHome Payment US. If you are not contracting with LuxeHome Payments US, and you nevertheless attempt to bring any legal claim against LuxeHome Payments in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 15 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
15.2 Overview of Dispute Resolution Process.
LuxeHome Payments is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with LuxeHome’s customer service team (described in Section 15.3), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and LuxeHome Payments each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.
15.3 Mandatory Pre-Arbitration Dispute Resolution and Notification.
At least 30 days prior to initiating an arbitration, you and LuxeHome Payments each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice”) and attempt in good faith to negotiate an informal resolution of an individual claim. You must send your Pre-Dispute Notice to LuxeHome Payments by mailing it to LuxeHome Payments’ agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. LuxeHome Payments will send its Pre-Dispute Notice to the email address associated with your LuxeHome account. A notice of dispute must include: the date, your name, mailing address, your LuxeHome username, the email address you used to set up your LuxeHome account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 15.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.
15.4 Agreement to Arbitrate.
You and LuxeHome Payments mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and LuxeHome Payments agree that the arbitrator will decide that issue. For the avoidance of doubt, you and LuxeHome agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 15, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved by an arbitrator.
15.5 Exceptions to Arbitration Agreement.
You and LuxeHome Payments each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in and will be brought in a judicial proceeding in state or federal court in San Francisco, California, unless we both agree to some other location: (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (ii) a request for the remedy of public injunctive relief; (iii) any claim or cause of action for vexatious litigation; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the LuxeHome Platform or Host Services. You and LuxeHome Payments agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
15.6 Arbitration Forum, Rules and Governing Law.
This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, Inc. (“ADR”) (www.adrservices.com) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules“) (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com. If an arbitration demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the arbitrator (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. If the AAA cannot and will not administer the arbitration, you and LuxeHome Payments shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or LuxeHome Payments may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.
15.7 Modification of Arbitration Rules – Arbitration Hearing/Location.
In order to make the arbitration most cost-effective, efficient, and convenient to you, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed US $1,000,000, shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds US $1,000,000 shall be conducted in San Francisco County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is US $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.
15.8 Modification of Arbitration Rules – Arbitration Fees and Costs.
Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules and the ADR Services fee schedule (available at www.adrservices.com). If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide LuxeHome Payments with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, LuxeHome Payments will pay your share of any arbitrator fees.
15.10 Arbitrator’s Decision.
The arbitrator will issue a written decision which shall 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 any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
15.11 Jury Trial Waiver.
You and LuxeHome Payments acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.
15.12 No Class Actions or Representative Proceedings.
You and LuxeHome Payments acknowledge and agree that, to the fullest extent permitted by law, 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 or consolidated proceeding. Unless we agree in writing or as provided in this agreement, 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 there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
15.13 Mass Action Waiver.
You and LuxeHome Payments acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and LuxeHome Payments agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 15 and 15.12 will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or LuxeHome Payments from participating in a mass settlement of claims.
15.14 Modification of Arbitration Rules – Mass Action Batching Requirements.
If for any reason, notwithstanding Section 15.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the forgoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections 14 and 15.12.
15.15 Modifications of Arbitration Rules – Offers of Judgment.
At least 10 days before the date set for the arbitration hearing, you or LuxeHome Payments may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.
15.16 Severability.
Except as provided in Section 15.12, 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 will be given full force and effect.
15.17 Amendment to Agreement to Arbitrate.
If LuxeHome Payments amends this Section 15 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject the change by sending us written notice no later than thirty (30) days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your LuxeHome username, the email address you used to set up your LuxeHome account, your signature, and an unequivocal statement that you want to opt out of the amended Section 15. You must either mail your notice to this address: 888 Brannan St, San Francisco, CA 94103, Attn: Arbitration Opt-Out, or email the opt-out notice to [email protected]. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and LuxeHome Payments (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and LuxeHome Payments.
15.18 Survival.
Except as provided in Section 15.12 and subject to Section 13.7, this Section 15 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your LuxeHome account.
16. Miscellaneous
16.1 Interpreting these Payments Terms.
Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between LuxeHome Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between LuxeHome Payments and you regarding the Payment Services. This clause does not exclude a party’s liability for prior false, misleading or deceptive statements or misrepresentations, whether oral or written. If any provision of these Payments 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.
16.2 No Waiver.
Subject to any limitation expressly stated in these Payments Terms or the Terms, or any document, policy or standard incorporated into them, LuxeHome Payments’ or a Member’s failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed between the relevant parties in writing. Except as expressly set forth in these Payments Terms, the exercise by LuxeHome Payments or a Member of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
16.3 Assignment.
You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without LuxeHome Payments’ prior written consent (not to be unreasonably withheld or delayed). LuxeHome Payments may assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice (or two (2) months’ prior notice (for Members contracting with LuxeHome Payments UK) provided that this would not reduce your rights or benefits under these terms.
16.4 Notices.
Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by LuxeHome Payments via email or LuxeHome Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which LuxeHome Payments transmits the notice.
17. Additional Clauses for Users Contracting with LuxeHome Payments UK
This Section 17 will apply if you are contracting with LuxeHome Payments UK. To the extent that there is any conflict between this Section 17 and any other provision of these Payment Terms, the provisions of this Section 17 shall apply
17.1 Payment Service User
17.1.1
The Payment Services include the payment collection service provided to Hosts contracting with LuxeHome Payments UK. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations and for these purposes LuxeHome Payments UK treats Hosts as the “payment service user.”
17.1.2
By agreeing to these Payments Terms you as a Host have consented to Airbnb Payments UK’s payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 3.3. Airbnb Payments UK will be deemed to have received the Host’s payment order to the Host on the same date Airbnb Payments UK agrees to initiate the Payout in accordance with Section 3.3.
17.1.3
LuxeHome Payments UK will endeavor to ensure that Hosts based in the UK will receive each Payout by the end of the business day following LuxeHome Payments UK’s initiation of the Payout.
17.1.4 Communication.
LuxeHome Payments will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address.
17.2 Diverted Payouts and Complaints
17.2.1
If you as a Host believe or become aware that a Payout properly due to you has been or may be diverted without your authorization (“Diverted Payout”) because your password or other credentials to log into your LuxeHome account (“Credentials”) have been lost, stolen, or misappropriated, you should notify LuxeHome Payments UK without undue delay. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of £35. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months of the date of the payment, you may be entitled to a refund of that payment.
17.2.2
If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method (including where there has been a Diverted Payout), LuxeHome Payments UK will (if requested by you without undue delay, on becoming aware of the unauthorized or incorrectly executed Payout and in any event within 13 months of it happening) make immediate efforts to trace the payment and will notify you of the outcome. Subject to Section 17.2.3, unless we can prove that (i) the Payout was received by you via your chosen Payout Method, or (ii) we made the Payout correctly using the Payout Method information you provided but the information you provided was incorrect, we will refund the amount. Where you have given us incorrect information, we will not be liable for the defective or non-execution of the Payout, however, we will make reasonable efforts to recover the Payout funds.
17.2.3
You must use your Credentials in accordance with these Payment Terms, and take all reasonable steps to keep your Credentials safe. As a Host you may be liable for losses suffered by LuxeHome Payments UK in attempting to trace and recover a Diverted Payout (up to a maximum of £35) arising from the use of lost, stolen, or misappropriated Credentials including where due to the loss of a mobile phone on which you have installed the Application or where you have failed to keep your Credentials safe. You will not be liable for losses suffered by LuxeHome Payments UK in attempting to trace and recover a Diverted Payout where the loss, theft or misappropriation of your Credentials was not detectable by you prior to the Diverted Payout (unless you acted fraudulently in connected with the Diverted Payout), or where the loss suffered by LuxeHome Payments UK was caused by acts or omissions of LuxeHome personnel or a service provider. You may however be liable to LuxeHome Payments UK for all losses relating to attempted tracing and recovery of a Diverted Payout if we can produce reasonable evidence that you acted fraudulently or where you failed to use the LuxeHome Platform and/or Payment Services in accordance with the Terms or these Payment Terms (including the obligation to keep your Credentials safe). Except where you have acted fraudulently, you will not be liable to LuxeHome Payments UK for any losses incurred in respect of the attempted tracing and recovery of a Diverted Payout arising after notification by you of the loss, theft, or misappropriation of your Credentials or of the unauthorized use of your Credentials, where we have failed at any time to provide appropriate means for such notification, or where we do not require strong customer authentication, where required.
17.2.4
Any complaints about the Payment Services should be made to LuxeHome Payments UK. If you are not happy with the outcome of a complaint and you as a Host have received regulated Payment Services from LuxeHome Payments UK, you may also be able to refer your complaint to the Financial Ombudsman. All complaints to the Financial Ombudsman Service are subject to the rules of the Financial Ombudsman Service, including in relation to eligibility requirements. The UK Financial Ombudsman Service offers a free complaints resolution service. You may obtain further information regarding the Financial Ombudsman Services and contact details at: http://www.financial-ombufsman.org.uk.
18. Additional Clauses for Users Contracting with LuxeHome Payments UK
The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
18.1
You accept the Payments Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.
18.2
You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
18.3
You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.
18.4
If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with LuxeHome for Work, as permitted by your account, you authorize LuxeHome Payments to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.
18.5
For any Payout Method linked to your LuxeHome account, you authorize LuxeHome Payments to store the Payout Method, remit payments using the Payout Method for bookings associated with your LuxeHome account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
18.6
If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp.
19. Contacting LuxeHome Payments
You may contact LuxeHome Payments regarding the Payment Services using the information below:
ENTITY | CONTACT INFORMATION |
Airbnb Payments UK Ltd. | Please contact LuxeHome Customer Service if you need assistance with updating your personal or business information or if you would like to make a complaint about our Services. LuxeHome Payments UK Limited is authorised and regulated by the Financial Conduct Authority as an Electronic Money Institution with reference number 900596, with registered office at 280 Bishopsgate, London, EC2M 4RB, United Kingdom. |
Airbnb Payments Australia Pty. Ltd | Please contact LuxeHome Customer Service if you need assistance with updating your personal or business information or if you would like to make a complaint about our Services. 58 Gipps Street Collingwood VIC 3066 Australia |
LuxeHome Payments will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.