Terms & Conditions
These Terms and Conditions (the “Agreement”) are a legal agreement between You, individually or on behalf of the entity You represent (“You”, “Your”, or “Guest”) and owners of Adeluxurystay. We require that all individuals and entities visiting our website www.Adeluxurystay.com and its subdomains, as well as all other web properties owned by us including any mobile versions (collectively, the “Website”) agree to the following terms. The software, functionality, and services that We provide through the Website are referred to as the “Services.” By accessing the Services, You acknowledge that (i) You have read, understood and accepted the following terms and conditions; and (ii) You have had the opportunity to review the applicable terms of service governing any online marketplace or other third-party service provided on our behalf.
The Services are provided by us for the purpose of facilitating Your use of our services. By accessing, creating a user account, or otherwise using the Services, You represent to Us that You are at least 21 years old and You agree to be bound by the terms of this Agreement.
This Agreement governs Your use of the Website only.
1. Use Terms and Conditions
Subject to all terms and conditions of this Agreement, Adeluxurystay hereby grants You a nonexclusive, personal, non-transferable, non-assignable, limited right and license to use and access the Services in accordance with this Agreement and any and all agreements and documents executed by You or delivered by Adeluxurystay (the “License”). We may discontinue some or all functionality of the Services at any time and for any reason, and we may also modify the Services to make them unavailable or inoperable. We may also terminate Your right to use or access the Services at any time and for any reason, including any breach or violation of this Agreement and Adeluxurystay reserves any and all remedies and rights at law or in equity in connection with any such breach or violation.
2. Updates and Supplements to this Agreement
The Services are offered and provided to You subject to this Agreement as well as any other terms, conditions, or rules that we may post on the Website from time to time, which are incorporated into this Agreement by reference. Adeluxurystay reserves the right to update this Agreement at any time without notice to You. If this Agreement is modified, we will post the updated Agreement on the Website, and any use of the Services after we post the revised Agreement constitutes agreement to the new terms. Your use or access to the Services may be subject to additional or different terms and conditions, as may be specified from time to time, including the following:
2.1. Privacy Policy. Adeluxurystay may process Your personal information in connection with Your use of the Services. Adeluxurystay’s processing of personal information will be subject to the terms of the Adeluxurystay Privacy Policy (“Privacy Policy”), which can be accessed in Section 19 herein
2.2. Rental Agreement. If a Guest books a reservation for a Adeluxurystay short-term rental (“Reservation”), we are under no obligation to provide access to a Reservation until the Guest provides payment
3. Reservations & Payments
3.1. Purchase. By providing payment information, Guest agrees to purchase a Reservation from Adeluxurystay (“Booking”).
All reservations booked on our Website require a full payment at the time the Reservation is booked. This payment is non-refundable unless you cancel within 24 hours of booking.
3.2. Cancellation.
You’re entitled to a full refund if you cancel your Reservation within 24 hours of booking your Reservation.
You will be entitled to a refund of 50% payment of your reservation if you cancel before 14 days to your reservation.
3.3. Changes.
Changes to your Reservation prior to your check-in date may be allowed at the sole discretion of Adeluxurystay. However, if the changes to your Reservation involve decreasing the number of nights booked, you will not receive the difference in price.
4. Proprietary Rights
The Services are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All rights in the Services and the content displayed via the Services are reserved to Adeluxurystay and/or its licensors.
No right to use any trademark or trade name of Adeluxurystay is granted to You hereunder other than the right to display the Adeluxurystay marks that are placed on the Services and the Adeluxurystay messages when they are rendered in the Services, in which case such marks may not be altered or removed by You without written approval by Adeluxurystay.
5. Third Party Content
The Services may display, include, make available or link to content, data, information, applications, websites or materials from third parties (the “Third-Party Content”), for example, Google® Maps and local businesses. Adeluxurystay is not responsible for the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, efficiency, advertising, terms of use, privacy policy, practices, software code or any other aspect of the Third-Party Content. You are encouraged to read the terms of use and privacy policy of any third-party websites to which You connect when using the Services. You must comply with applicable terms governing Third-Party Content when using the Services. Adeluxurystay disclaims all liability arising from or relating to the Third-Party Content.
Third-Party Content may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws. You may not use such proprietary content, information or materials in any way whatsoever, except for use of the Services for their intended purposes.
6. User Content; Restrictions on Use
6.1. User Content. Adeluxurystay may allow you to upload and/or post audio, video, images, text or other content through the Services (“User Content”). Subject to the Privacy Policy, all User Content You provide to Adeluxurystay shall be deemed non-confidential and You represent that we will be free to use such information on an unrestricted basis.
Adeluxurystay has no obligation to, and does not, pre-screen any User Content. However, we may, in its sole discretion, remove or edit any User Content at any time and without notice to You as it deems necessary to (1) comply with any necessary laws, regulations, or governmental requests; and/or (2) to, in its sole discretion, operate the Services in a manner it deems proper or to protect against conduct it deems inappropriate.
6.2. Prohibited User Content. You expressly agree not to upload, post, modify, distribute, email, transmit, or otherwise make available any User Content that comprises any of the following (“Prohibited User Content”):
(a) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties;
(b) is protected by any patent, trademark, trade secret, copyright or other intellectual or proprietary right, unless You own such rights or have received all necessary consent;
(c) constitutes a false, inaccurate, or misleading statement or omission;
(d) impersonates any person or entity or otherwise misrepresents Your affiliation with a person or entity, or interfere with someone else’s use of the Services;
(e) constitutes a charity request, petition for signatures, chain letter, letter or information relating to one or more pyramid schemes, advertising or solicitation for funds, political campaigning, mass mailing, any form of unsolicited commercial email or “spam,” or an offering or dissemination of fraudulent goods, services, schemes or promotions;
(f) is sent via unsolicited email, if such email could reasonably be expected to provoke complaints from its recipients;
(g) is harmful, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; and/or
(h) violates any applicable local, state, national or international law.
You agree to indemnify Adeluxurystay for any claims or damages arising out of Your use, creation or posting of Prohibited User Content.
The submission of information or materials to Adeluxurystay shall in no way prevent the purchase, manufacture, or use of similar products, services, plans, and ideas by A Adeluxurystay for any purpose whatsoever.
6.3. Restrictions on Use. Unless as otherwise specifically stated in this Agreement, or as agreed upon in writing between You and Adeluxurystay, You may not, and You agree not to:
(a) collect or use, in any manner and for any reason not specifically associated with Your permitted use of the Services under the terms of this Agreement, any information or descriptions on or related to the Services;
(b) separate any individual component of the Services for use;
(c) “frame” or use inclusion techniques to enclose any Adeluxurystay trademark, logo, Service, or other content on the Website within another website or within any other digital content;
(d) use any data mining, scrapers, robots, or similar data gathering or extraction methods to obtain content or information from the Services;
(e) distribute, modify, license, resell, or make any commercial use of the Services or any content on the Services apart from using the Services for their intended uses;
(f) use the Services in any manner that violates a third party’s intellectual property rights, including the rights of copyright owners in any content that You use or modify in connection with the Services;
(g) attempt to gain unauthorized access to the Services or any third-party accounts by any means, including hacking or password mining;
(h) use the Services in any way or for any purpose that is unlawful or prohibited by this Agreement; or
(i) use the Services in any way that could damage or overburden the Services and interfere with any Adeluxurystay server or networking equipment, Adeluxurystay provision of the Services, or any user’s use or enjoyment of the Services.
You agree to abide by all laws and regulations in effect regarding Your use of the Services, including without limitation, its unauthorized use in connection with any copyrighted content. You may not authorize or assist any third party to do any of the things prohibited in this section.
7. Updates
Adeluxurystay may from time to time, in its sole discretion, make updates, modifications, supplements or new versions of the Services, or portions thereof, available to You under this Agreement. Adeluxurystay may also provide support to You to support Your use of the Services. However, Adeluxurystay has no obligation to do so or to provide any bug fixes, modifications, updates or technical support.
8. Collection and Use of Data
You acknowledge that the Services automatically collect information, data, and statistics relating to Your use of the Services, and compiles such information, data, and statistics. Adeluxurystay reserves the right to use such information, data, and statistics in the course of Adeluxurystay’s business consistent with the Privacy Policy, and You hereby agree to such use. Unless specifically agreed in writing by Adeluxurystay, we are not responsible for, and hereby disclaims all warranties relating to, the storage of any data for use with the Services.
9. Internet Access
Use of the Services requires an internet connection and may result in charges from Your cellular service provider if viewed on a mobile device. Adeluxurystay is not responsible for any such charges. Adeluxurystay is also not liable for any disruption, failure, or malfunction of the Internet or other service providers or for any other situation or event that is out of our direct control.
10. Disclaimers
ADELUXURYSTAY DOES NOT PROMISE THAT THE SERVICES OR ANY FUNCTIONALITY THEREOF WILL BE ERROR-FREE OR UNINTERRRUPTED OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SERVICES ARE PROVIDED BY ADELUXURYSTAY“AS-IS” AND “AS-AVAILABLE” WITHOUT ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND. WE CANNOT ENSURE THAT THE SERVICES OR ANY FILES OR OTHER DATA YOU DOWNLOAD IN RELATION TO THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOUR USE OF THE SERVICES, AND THE RESULTS AND PERFORMANCE ACHIEVED USING THE SERVICES, IS AT YOUR OWN RISK.
ADELUXURYSTAY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SERVICES.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADELUXURYSTAY BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, ANY PROVISION OF OR FAILURE TO PROVIDE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ADELUXURYSTAY, AND EVEN IF ADELUXURYSTAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the other provisions of this Agreement, Adeluxurystay is found to be liable to You for any damage or loss which arises out of or is in any way connected with Your use of the Services, Adeluxurystay liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to the Services paid in the six months prior to the date of the initial claim made against Adeluxurystay, or (2) US$150.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to You.
12. Indemnification and Release
You hereby release, and shall defend, indemnify, and hold harmless, Adeluxurystay and its owners, officers, members, managers, directors, shareholders, subsidiaries, joint-ventures, partners, suppliers, employees, agents, licensors, and licensees from and against any and all claims, actions, suits, proceedings, demands, losses, liabilities, damages, judgments, settlements, penalties, costs, and expenses (including without limitation all reasonable attorneys’ fees), known and unknown, arising out of (i) Your use of the Services; or (ii) any violation or breach of this Agreement.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
13. Termination
Without limiting its rights and remedies, if You fail to comply with the terms and conditions of this Agreement, Adeluxurystay may, in its sole discretion, terminate this Agreement upon any such failure. Upon termination of this Agreement, You must promptly cease all use of the Services and discontinue exercising all rights granted by this Agreement.
14. Dispute Resolution; Choice of Law
This Agreement shall be construed and controlled by the laws of the State of Texas without reference to its choice of law provisions, and Guest consents to exclusive jurisdiction and venue in the federal courts sitting in Texas, unless no federal jurisdiction exists, in which case Guest consents to exclusive jurisdiction and venue in the applicable Texas State Court. You waive all defenses of lack of personal jurisdiction and forum non conveniens.
15. Other Agreements; Order of Precedence
This Agreement constitutes an individual consent by You to be bound by the terms of this Agreement and is the entire agreement between You and Adeluxurystay with regard to Your use of the Services, and any and all other written or oral agreements or understandings previously existing between You and Adeluxurystay with respect to such use are hereby superseded and cancelled. To the extent there are any conflicts or inconsistencies between this Agreement and any other such agreement, policy or documentation, the Rental Agreement shall control, then this Agreement.
15. Void Where Prohibited
Although the Services are accessible worldwide, not all features, products, or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Adeluxurystay reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made available through the Services is void where prohibited. If You choose to access the Services from outside the United States, You do so on Your own initiative and You are solely responsible for complying with applicable local laws.
17. Notifications
By providing Your cellular telephone number to Adeluxurystay, You expressly consent to receive calls and text messages from Adeluxurystay, which may include information about Your account or Your Booking with Adeluxurystay or pre-recorded and/or pre-prepared advertising messages by or on behalf of Adeluxurystay.
18. General Terms
At Adeluxurystay, we are committed to safeguarding your personal information. Our Privacy Policy describes the ways we process and protect personal information that you provide or we collect in connection with our websites. The scope of this Policy is limited to information collected or received by us through your use of the Services.
19. Privacy Policy
At Adeluxurystay, we are committed to safeguarding your personal information. This Privacy Policy describes the ways we process and protect personal information that you provide or we collect in connection with our website
To arrange for your stay with us, we must know who you are so we can prepare for your stay, manage payment, and ensure you have a positive experience. Therefore, if you do not agree to the terms of this Policy, please do not use the Services.
If you have questions or concerns about our privacy policy or practices, please contact us at info@Adeluxurystay.com.
To make a reservation on our Website we require your full name, email address, and phone number, and billing address information. Your credit card details is requested and processed with Stripe using a 128bit secure SSL connection. We do not store your credit card information.
To arrange for your stay with us, we must know who you are so we can verify the reservation details. We ask for your government identification and match it with the name on the reservation and card provided as a proof of ownership.
We may also receive information about you if you are a guest of someone else. Before you arrive, we send out notifications using your email and phone number. These notifications provide information about how to access your accommodations and other information that will help you settle into your stay.
We may use your e-mail address or mobile phone number to contact you about your experience with the Service
We will retain your personal information for the period necessary to fulfill the purposes outlined in this Agreement unless a longer retention period is required or permitted by law, for legal, tax or regulatory reasons, or other legitimate and lawful business purposes.
Adeluxurystay uses the services of the following processors when booking and providing your stay:
• Stripe
We utilize a third-party payment processor for processing Expedia Virtual Cards (EVC) and receiving payouts