Language and Luxury Terms of Service
- Scope of Language and Luxury Services
- Language and Luxury provides you the optimal environment in which to learn a foreign language, with a personal language consultant, one on one, in some of the world’s greatest cities and towns. Language and Luxury Services may include the offering of vacation or other properties for use (“Accommodation(s)”), single or multi-day activities in various categories (“Experiences”), and a variety of other travel and non-travel related services.
- The Accommodations offered by Language and Luxury are selected on the basis of luxury and quality; however Language and Luxury cannot and does not guarantee (i) the standards, safety, suitability, or legality of any Accommodations, or (ii) the performance or conduct of any third party.
- Eligibility and Using the Language and Luxury Services
You must be at least 18 years old and able to enter into legally binding contracts to access and use the Language and Luxury Services. By accessing or using the Language and Luxury Services you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
- Modification of these Terms
Language and Luxury reserves the right to modify these Terms at any time in accordance with this provision. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Language and Luxury Services will constitute acceptance of the revised Terms.
- Service Fees
- Language and Luxury charges Clients for the Accommodations, personal language consultant and any other Experiences (collectively “Client Fees”). When Clients make a reservation, we charge the Client between 50% and 100% of the Client Fee at the time the reservation is made. Client Fees are calculated using a variety of factors including, but not limited to, the reservation subtotal, the length of the reservation, and characteristics of the Accommodation. The balance of the Client Fees shall be due no later than 60 days prior to the reservation date. Language and Luxury may, in addition to Client Fees, charge Client a security deposit, which shall be returned to Client at the end of the Services, subject to any Damage Claims, as defined below.
- Any applicable Client Fees (including any applicable Taxes) will be displayed to a Client prior to booking. Language and Luxury reserves the right to change the Client Fees at any time, and we will provide Clients adequate notice of any fee changes before they become effective.
- You are responsible for paying any Client Fees that you owe to Language and Luxury. The applicable Client Fees are due and payable and collected by Language and Luxury. Except as otherwise provided, Client Fees are non-refundable.
- If you are agreeing to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
- We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, payment methods; or (iii) attempting to screen your information against third-party databases. Language and Luxury reserves the right to close, suspend, or limit access to the Language and Luxury Services in the event we are unable to obtain or verify any of this information.
- You are solely responsible for the accuracy and completeness of your payment method information. Language and Luxury is not responsible for any loss suffered by you as a result of incorrect payment method information provided by you.
- You authorize Language and Luxury to charge your payment method the Client Fees for any booking requested in connection with your Language and Luxury Services. Language and Luxury will collect the Client Fees in the manner agreed between you and Language and Luxury. Language and Luxury may offer alternative options for the timing and manner of payment; any additional fees for using offered payment options will be displayed via the Language and Luxury Services and included in the Client Fees, and you agree to pay such fees by selecting the payment option. If Language and Luxury is unable to collect the Client Fees as scheduled, Language and Luxury will collect the Client Fees at a later time. Once the payment transaction for your requested booking is successfully completed you will receive a confirmation email.
- You authorize Language and Luxury to perform the payment method verifications described herein, and to charge your payment method for any bookings made in connection with the Language and Luxury Services. You hereby authorize Language and Luxury to collect any amounts due by charging the payment method provided at checkout, either directly by Language and Luxury or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the Language and Luxury Services.
- If Language and Luxury is unable collect any amounts due via your selected payment method, you authorize Language and Luxury to charge any other payment methods on file with Language and Luxury. You also authorize Language and Luxury to charge any payment method on file in the event of a Damage Claim.
- If you Overstay at an Accommodation, you authorize Language and Luxury to charge any payment method(s) you have on file to collect Overstay Fees. In addition, Language and Luxury may recover any costs and expenses it incurs in collecting the Overstay Fees by charging any payment method(s) you have on file.
- Language and Luxury is not responsible for any fees that a Client’s third-party payment service provider may impose when Language and Luxury charges the Client’s payment method, and Language and Luxury disclaims all liability in this regard.
- If you book Language and Luxury Services on behalf of additional Clients, you are required to ensure that every additional Client meets any requirements set by Language and Luxury, and is made aware of and agrees to these Terms. If you are booking for an additional Client who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience or other Service if accompanied by an adult who is responsible for them.
- You understand that a confirmed booking of an Accommodation is a limited license granted to you by the owner of the Accommodation to enter, occupy and use the Accommodation for the duration of your stay, during which time such owner (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation.
- You agree to leave the Accommodation no later than the checkout time in the Accommodation or such other time as mutually agreed upon between you and Language and Luxury. If you stay past the agreed upon checkout time without Language and Luxury’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and Language and Luxury is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by Language and Luxury, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly listing fee originally paid by you to cover the inconvenience suffered by Language and Luxury, plus all applicable Client Fees, Taxes, and any legal expenses incurred by Language and Luxury to make you leave (collectively, “Overstay Fees”). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by Language and Luxury as a result of such Overstay. Language and Luxury will collect Overstay Fees from you. A Security Deposit, if required by Language and Luxury, may be applied to any Overstay Fees due for a Client’s Overstay.
- Cancellations and Refunds
- The initial 50% payment is non-refundable, except if Language and Luxury is able to rebook the Accommodations and Services and then only to the extent such Clients Fees are recoverable less a 10% cancellation charge. With respect to the 50% balance payment, 50% is refundable up to 45 days before the date of arrival at the Accommodations less a 10% service fee. Within 45 days of the date of arrival at the Accommodations, the 50% balance is refundable only if Language and Luxury is able to rebook the Accommodations and Services and then only to the extent such Client Fees were recoverable less a 10% cancellation charge. Client acknowledges and agrees that if Client is not eligible for a refund of the Client Fees, Language and Luxury shall be entitled to any amounts already paid to Language and Luxury as fair and reasonable compensation for Client’s cancellation.
- For Experiences and other Services, if inclement weather creates an unsafe or uncomfortable scenario for Clients, Language and Luxury may modify or cancel a Services. If there is a substantial change in the itinerary or the Services needs to be cancelled, Language and Luxury will work to provide Clients an alternative date for the Services, an appropriate refund or a rebooking.
- In certain circumstances, Language and Luxury may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund decisions. This may be for reasons (i) where Language and Luxury believes in good faith, this is necessary to avoid significant harm to Language and Luxury, other Clients, third parties or property, or (ii) for any of the reasons set out in these Terms.
- Damage to Accommodations
- As a Client, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the rightful owner (and the individuals the owner invites to the Accommodation, if applicable).
- If Language and Luxury learns that you as a Client have damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim”), Language and Luxury can seek payment from you. If a Damage Claim is brought to the attention of Language and Luxury, Client will be given an opportunity to respond. If you agree to pay the owner of the Accommodation, or Language and Luxury determines in its sole discretion that you are responsible for the Damage Claim, Language and Luxury will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim. Language and Luxury also reserves the right to otherwise collect payment from you and pursue any remedies available to Language and Luxury in this regard in situations in which you are responsible for a Damage Claim.
- Clients agree to cooperate with and assist Language and Luxury in good faith, and to provide Language and Luxury with such information and take such actions as may be reasonably requested by Language and Luxury, in connection with any Damage Claims or other complaints or claims made by Clients relating to Accommodations or any personal or other property located at an Accommodation or Experiences.
- If you are a Client, you understand and agree that Language and Luxury may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to an Accommodation or any personal or other property located at an Accommodation. You agree to cooperate with and assist Language and Luxury in good faith, and to provide Language and Luxury with such information as may be reasonably requested by Language and Luxury, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Language and Luxury may reasonably request to assist Language and Luxury in accomplishing the foregoing.
- Prohibited Activities
- You are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Language and Luxury Services. In connection with your use of the Language and Luxury Services, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
- use the Language and Luxury Services for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Language and Luxury endorsement, partnership or otherwise misleads others as to your affiliation with Language and Luxury;
- use the Language and Luxury Services in connection with the distribution of unsolicited commercial messages (“spam”);
- use the Language and Luxury Services to request, make or accept a booking independent of the Language and Luxury Services, to circumvent any Client Fees or for any other reason;
- request, accept or make any payment for Client Fees outside of the Language and Luxury Services or Language and Luxury. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Language and Luxury harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- use, display, mirror or frame the Language and Luxury Services, or any individual element within the Language and Luxury Services, Language and Luxury’s name, any Language and Luxury trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Language and Luxury Services, without Language and Luxury’s express written consent;
- dilute, tarnish or otherwise harm the Language and Luxury brand in any way, including through unauthorized registering and/or using Language and Luxury or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Language and Luxury domains, trademarks, taglines, or promotional campaigns;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Language and Luxury Services for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Language and Luxury or any of Language and Luxury’s providers or any other third party to protect the Language and Luxury Services;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Language and Luxury Services;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Language and Luxury Services;
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
- You acknowledge that Language and Luxury has no obligation to monitor the access to or use of the Language and Luxury Services by any person or to review, disable access to, but has the right to do so to (i) operate, secure and improve the Language and Luxury Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure compliance with these Terms; or (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body. Clients agree to cooperate with and assist Language and Luxury in good faith, and to provide Language and Luxury with such information and take such actions as may be reasonably requested by Language and Luxury with respect to any investigation undertaken by Language and Luxury or a representative of Language and Luxury regarding the use or abuse of the Language and Luxury Services.
- You are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Language and Luxury Services. In connection with your use of the Language and Luxury Services, you will not and will not assist or enable others to:
- Term and Termination, Suspension and other Measures
Language and Luxury may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Language and Luxury believes in good faith that such action is reasonably necessary to protect the personal safety or property of Language and Luxury, its Clients, or third parties (for example in the case of fraudulent behavior of a Client).
If you choose to use the Language and Luxury Services, you do so voluntarily and at your sole risk. The Language and Luxury Services is provided “as is”, without warranty of any kind, either express or implied. You agree that you have had whatever opportunity you deem necessary to investigate the Language and Luxury Services, laws, rules, or regulations that may be applicable to your Services you are receiving and that you are not relying upon any statement of law or fact made by Language and Luxury relating to such Service. If we choose to conduct identity verification or background checks on any Client, 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 Client or guarantee that a Client will not engage in misconduct in the future. You agree that some Experiences or other Services may carry inherent risk, and by participating in those Services, you choose to assume those risks voluntarily. For example, some Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Services. You assume full responsibility for the choices you make before, during and after your participation in a Service. If you are bringing a minor as an additional Client, you are solely responsible for the supervision of that minor throughout the duration of your Service and to the maximum extent permitted by law, you agree to release and hold harmless Language and Luxury from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Service or in any way related to your Service. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
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 Language and Luxury Services, your stay at any Accommodation, participation in any Experience or use of any other Service or any other interaction you have with other Clients whether in person or online remains with you. Neither Language and Luxury nor any other party involved in creating, producing, or delivering the Language and Luxury 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 Terms, (ii) from the use of or inability to use the Language and Luxury Services, (iii) from any communications, interactions or meetings with other Clients or other persons with whom you communicate, interact or meet with as a result of your use of the Language and Luxury Services, or (iv) from your booking, including the provision or use of Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Language and Luxury 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 pursuant to these Terms, in no event will Language and Luxury’s aggregate liability arising out of or in connection with these Terms and your use of the Language and Luxury Services including, but not limited to, from your booking of any accommodation via the Language and Luxury Services, or from the use of or inability to use the Language and Luxury Services and in connection with any Accommodation, Experiences or other Service, or interactions with any other Clients, exceed the amounts you have paid or owe for bookings via the Language and Luxury Services as a Client in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Language and Luxury 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 Language and Luxury’s 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.
You agree to release, defend, indemnify, and hold Language and Luxury and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any threatened claims, claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms (ii) your improper use of the Language and Luxury Services or any Language and Luxury Services, (iii) your interaction with any Client, stay at an Accommodation, participation in an Experience or other Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.
- Dispute Resolution and Arbitration Agreement
- This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Language and Luxury in the United States.
- Overview of Dispute Resolution Process. Language and Luxury is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 15.1 applies: (1) an informal negotiation directly with Language and Luxury’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 15). Specifically, the process provides:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
- Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Language and Luxury each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Language and Luxury’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
- Agreement to Arbitrate. You and Language and Luxury mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Language and Luxury Services, or the Services (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Language and Luxury agree that the arbitrator will decide that issue.
- Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org.
- Modification of AAA Rules – Attorney’s Fees and Costs. The prevailing party in any dispute shall be entitled to arbitration costs including without limitation reasonable attorneys’ fees.
- Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
- Jury Trial Waiver. You and Language and Luxury acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
- No Class Actions or Representative Proceedings. You and Language and Luxury acknowledge and agree that we are each waiving the right to participate as a plaintiff or class of Clients in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Language and Luxury both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
- Severability. Except as provided in Section 15.9, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
- Survival. This Section 13 will survive any termination of these Terms and will continue to apply even if you stop using the Language and Luxury Services.
- Applicable Law and Jurisdiction
If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions.
- General Provisions
- Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Language and Luxury and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Language and Luxury and you in relation to the access to and use of the Language and Luxury Services.
- No joint venture, partnership, employment, or agency relationship exists between you and Language and Luxury as a result of this Agreement or your use of the Language and Luxury Services.
- These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
- If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
- Language and Luxury’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
- You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Language and Luxury’s prior written consent. Language and Luxury may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.