Terms & Conditions / Guest Booking Agreement
Luxury Desert Escapes, LLC
Terms
Welcome to www.LuxuryDesertEscapes.com (the "Site"). Luxury Desert Escapes's Terms & Conditions below apply to all users and/or visitors of the Site as well as all guest reservations.
Luxury Desert Escapes, LLC. (hereinafter "Luxury Desert Escapes", "We", "Us", or "Our") provides an online venue that enables users ("You", the "Guests" or "Members") to search for and book Accommodations (as defined below) and other services described herein (collectively, the "Services"). PLEASE CAREFULLY READ THE TERMS & CONDITIONS SET FORTH BELOW AS WELL AS LUXURY DESERT ESCAPE'S PRIVACY POLICY, GUEST AND BOOKING TERMS AND CONCIERGE SERVICES POLICY.
These Terms and Conditions contain important information regarding your legal rights and obligations, and include various limitations and exclusions of Our liability. These Terms and Conditions, Privacy Policy, Guest and Booking Terms, and Concierge Services Policy (collectively with any terms, conditions, and/or policies incorporated herein by reference or provided to you by Luxury Desert Escapes's Customer Support, are referred to collectively as the "Terms") are a binding legal agreement between you and Luxury Desert Escapes that govern your access to and use of the website, applications and other offerings from Luxury Desert Escapes, whether or not you use any Services or make any Reservations (as defined below). These Terms also govern your reservations, guest stay, and any concierge service bookings with Luxury Desert Escapes ("Agreement").
Last Updated: August 12, 2023
COVID-19 NOTICE: NO EVENTS, GROUP GATHERINGS OR PARTIES ARE ALLOWED AT ANY Luxury Desert Escapes PROPERTIES UNDER ANY CIRCUMSTANCES. ONLY REGISTERED GUESTS ARE ALLOWED AT THE PROPERTY. AT THE TIME OF BOOKING, GUEST(S) ACKNOWLEDGE(S) THAT HE/SHE/THEY ARE AWARE OF ALL COVID-19 RESTRICTIONS, REGULATIONS AND EXECUTIVE ORDERS ISSUED BY THE STATE, COUNTY OR CITY IN WHICH THE PROPERTY IS LOCATED. YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THE DANGERS, INHERENT AND OTHERWISE, IN STAYING AT OUR PROPERTIES WITH YOUR REGISTERED GUESTS DURING THE COVID-19 PANDEMIC, AND AGREE TO RELEASE LUXURY DESERT ESCAPES FROM ANY AND ALL LIABILITY RELATED TO THE RISK OF BEING EXPOSED OR CONTRACTING COVID-19.
MEDIATION NOTICE: YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND Luxury Desert Escapes WILL BE RESOLVED BY MEDIATION BEFORE RESORTING TO ARBITRATION OR COURT ACTION, AND YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE LUXURY DESERT ESCAPES PLATFORM.
Guest Booking Agreement
This Guest Agreement ("Agreement") is entered into by and between you, ____, and Luxury Desert Escapes, LLC, on its own behalf, or as applicable, on behalf of the property owner ("Luxury Desert Escapes", "we", "our", or "us") and details the obligations and responsibilities of you and any of your guests or visitors (collectively, "Guest", "you", or "your") at any property offered for rent by Luxury Desert Escapes ("Property" or "Accommodation"). By using our website and becoming a guest at an Luxury Desert Escapes property, you agree to the terms and conditions in this Agreement, our Site Terms of Use, and our Privacy Policy, incorporated herein by reference.
You understand and agree that this Agreement incorporates our general House Rules, which apply across all of our Properties together with any house rules specific to the Property you have booked. You agree that you are responsible for all of your guests or visitors complying. This Agreement applies to you and any other guests or visitors on our Property during your stay.
BOOKING PROCEDURE; PAYMENT; LICENSE: Luxury Desert Escapes manages vacation rentals which we design, furnish, maintain, and/or operate for short, medium, or long term use by our guests.
Once your booking has been completed, we will send you a confirmation email. Check-in instructions to the Accommodation will be sent 3 days prior to arrival. Guest acknowledges and agrees that certain properties may require Guest to sign a waiver related to on-site amenities and available activities. Failure to sign the waiver prior to check-in may result in the booking being canceled.
When booking an Accommodation through our site, you agree to pay all costs associated with the booking including the nightly rate, applicable Taxes, as defined below, and any other fees, including but not limited to cleaning fees, listed upon checkout (collectively "Total Cost of Stay"). Please note Guest will not receive check-in instructions and will not be allowed to check in to the Accommodations until the Total Cost of Stay amount is fully paid, identity verification and any other required screening procedures have been completed, all relevant homeowners association documents (if applicable), and necessary waivers have been signed, unless otherwise approved. By providing payment for your booking, you have agreed to the terms herein. Guest will be responsible for the cost of the reservation at the time of booking. You also agree that Luxury Desert Escapes may charge and collect any additional costs and fees related to property damage during your stay, you identified and itemized upon checkout. Any add-on services or other modifications to your booking will be confirmed in an amendment and/or invoice detailing the changes to your Total Cost of Stay.
For stays less than thirty (30) days, utilities are included in your Total Cost of Stay. This charge assumes a normal usage and any excessive usage and pool heating (if applicable) will be charged separately and paid for by Guest.
In consideration of your payment for the booking, Luxury Desert Escapes grants you a limited license to enter, occupy, and use the Accommodation for the duration of your stay as a vacation rental, during which time Luxury Desert Escapes (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation in accordance with this Agreement.
IDENTITY VERIFICATION: To protect against fraud, identity theft, and security risks in our communities, we require that all Guests successfully complete an identity verification check, unless specifically waived by Luxury Desert Escapes due to existing identity verification mechanisms on a particular booking platform. We partner with Safely (SafelyStay, Inc), a secure fraud prevention platform, to verify the identity of our Guests. Persona will prompt you to upload a copy of a valid, government-issued photo ID and will capture certain personal information, and in some cases a facial geometry scan, to confirm your identity. Luxury Desert Escapes reserves the right to refuse service to or cancel reservations made by individuals who do not provide the requested information or successfully complete the identity verification process. Luxury Desert Escapes does not store the information uploaded to Safely or any resulting scans. Safely Privacy Policy is available at: https://https://safely.com/privacy-policy-2/.
TAXES: Certain taxes, which may include sales and use tax, transient occupancy tax, local hotel occupancy tax, tourist tax, city tax, lodging tax, and other indirect taxes ("Taxes") may be imposed on the amount charged for booking your stay at an Luxury Desert Escapes Property and any additional services, including concierge services, offered in certain jurisdictions. The Taxes and amounts charged may vary depending on the locality and rates in effect at the time of your stay. Certain jurisdictions may legally require Luxury Desert Escapes to collect and remit such occupancy taxes to local government authorities.
CREDIT CARD REQUIRED: A major credit card is required to hold a reservation and may be charged to pay for incidental charges and other fees incurred during your stay. The name on the credit card must be the name of the primary guest on the reservation and a picture ID will be required. If any costs or damages, including but not limited to: additional cleaning fees, property damage expenses, unauthorized pool heat charges, regulatory fines, or charges for unauthorized guests or pets, are discovered during or within a reasonable amount of time after your stay, we reserve the right to charge your credit card on file for said amounts. No charges will be processed without prior written notice.
LATE CHARGES: If any amount due from Guest is not received by Luxury Desert Escapes by the applicable payment due date, we may charge 5% of the overdue amount as a late charge and will have the option to terminate your reservation and/or retain the reservation fee charged.
ACCIDENTAL DAMAGE PROTECTION PROGRAM: If there is no damage deposit associated with your reservation, with the exception of reservations at hotel accommodations, you will be charged an accidental damage protection fee (“ADP Fee”), which is a non-refundable fee that makes your reservation eligible for Luxury Desert Escapes’s accidental damage protection program (“ADP Program”). If applicable, the ADP Fee will be included in your Total Cost of Stay and may or may not appear as a separate line item charge, depending on the capabilities of the booking platform. The ADP Program covers, as determined in Luxury Desert Escapes’s sole discretion, up to $4,000 in aggregate toward expenses to repair damage to or replace loss to the Property or its contents caused by you or your invitees that exceeds normal wear-and-tear, provided that such damage is not due to pets, smoking, occupant counts exceeding the reservation maximum, tampering with devices, or other intentional, reckless, or grossly negligent violations of this Agreement, any House Rules, and/or the law. You remain responsible for any damage, repair, or replacement expenses which: (i) Luxury Desert Escapes determines in its sole discretion do not meet the requirements for coverage under the ADP Program; or (ii) exceed $4,000 in aggregate after exhausting coverage under the ADP Program. For clarity, the ADP Fee will not be assessed, and accordingly, the ADP Program will not apply, if your reservation is at a property advertised by Luxury Desert Escapes as a hotel.
NO DAMAGE DEPOSIT REQUIRED: Unless otherwise covered by the ADP Program or otherwise expressly waived by Luxury Desert Escapes in writing, any expenses relating to (i) curing your default in payment of any amounts due to Luxury Desert Escapes, non-sufficient funds ("NSF") fees or other sums due; (ii) repairing damage, excluding ordinary wear and tear, caused by you or your registered guests; (iii) cleaning the Property or remove excessive garbage; (iv) replacing or return personal property or appurtenances, common areas and recreational facilities, (v) replacing any lost keys; and/or (vi) cover any other expenses related to your stay for which you are responsible (collectively, "Guest-Caused Damages"), Luxury Desert Escapes will send you a bill with itemized charges, due and payable on receipt or charged to your credit card on file. Should you fail to remit to Luxury Desert Escapes the full outstanding amount specified in the itemized statement, Luxury Desert Escapes will exercise its full rights and remedies under law to enforce such payment including but not limited to the institution of legal proceedings to recover the amount outstanding, together with interest at the lesser of (i) 8% per annum and (ii) the maximum rate allowed by law, and legal expenses. Late payments under this Section will incur an additional fee of 5% of the overdue amount (or such lesser amount as is required by law).
DAMAGE DEPOSIT REQUIRED: If there is a damage deposit required for your reservation, in the event of any Guest-Caused Damages, Luxury Desert Escapes will send you a bill with itemized charges and deduct this amount from the damage deposit. Where the damage deposit is insufficient to pay the Guest-Caused Damages expenses, you remain responsible for said expenses and agree to allow Luxury Desert Escapes to charge your credit card on file to pay the additional costs. Should you fail to remit to Luxury Desert Escapes any outstanding amounts in full, Luxury Desert Escapes will exercise its full rights and remedies under law to enforce such payment including but not limited to the institution of legal proceedings to recover the amount outstanding, together with interest at the lesser of (i) 8% per annum and (ii) the maximum rate allowed by law, and legal expenses. Late payments under this Section will incur an additional fee of 5% of the overdue amount (or such lesser amount as is required by law). Luxury Desert Escapes is not required to keep damage deposit funds (if any) in a trust account, nor required to pay any interest on it, unless required by law. Luxury Desert Escapes will refund the damage deposit funds (if any), less any funds retained to cover the costs of repairing Guest-Caused Damages and any other unpaid amounts due to Luxury Desert Escapes under the reservation as set forth in the itemized statement, within the time frame required by law.
AUTHORIZED USE; JOINT AND INDIVIDUAL OBLIGATIONS: The Accommodation is for the sole use as a personal vacation rental by Guest and their registered guests. Guest will be responsible for all person(s) that he/she causes to be at the Property. If there is more than one Guest, each one will be individually and completely responsible for the performance of all obligations under this Agreement, jointly and severally with every other Guest. All Guest monetary obligations under this Agreement will survive until satisfied.
MAXIMUM NUMBER OF GUESTS. You agree to not exceed the maximum number of registered guests listed on your reservation and to leave the Accommodation no later than the check-out date and time that is specified in your confirmation email, unless otherwise agreed upon in writing. If you exceed the maximum number of guests listed on your reservation without approval, Luxury Desert Escapes is entitled to require you to vacate and remove from the Accommodation in a manner consistent with applicable law and you may be subject to additional fees. No refunds will be given for removal from the Property due to exceeding the maximum number of guests listed on your reservation.
STAY BEYOND RESERVED DATES. If you stay past the agreed-upon check-out date and time without our consent ("Holdover"), you will no longer have a license to stay in the Accommodation and agree that Luxury Desert Escapes is entitled to require you to vacate and remove from the Property in a manner consistent with applicable law, including but not limited to, removal from the Property by Luxury Desert Escapes, its representatives, and/or law enforcement. You further consent to permit Luxury Desert Escapes to remove your personal belongings to a location of the Manager's choice, where you may retrieve them. Luxury Desert Escapes is not responsible for the loss or damage of any items removed. Additionally, you hereby acknowledge and agree to pay, for each 24-hour period (or any portion thereof) that you Holdover, an additional charge of two times (2xs) the undiscounted, listed daily rate plus any additional damages incurred including but not limited to, the lost revenue from cancelled reservations and the cost of alternative housing for guests displaced by the Holdover or loss of such guests. The aforementioned costs are to cover the inconvenience suffered by Us, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by us to remove you from the Property (collectively, "Holdover Fees"). If you Holdover at an Accommodation, you authorize Luxury Desert Escapes to charge you in order to collect Holdover Fees and/or withhold your damage deposit (if any).
LATE CHECK-OUTS. Unauthorized late check-outs will be charged for an additional full-day of use and utilities, based on the current listed nightly rate on said date. Late check-out may be accommodated from time to time, so please reach out to Luxury Desert Escapes Customer Service beforehand. However, if you check-out later than the time stated on your confirmation email without prior consent by Luxury Desert Escapes, you authorize Luxury Desert Escapes to charge you in order to collect Late Check-Out Fees and/or withhold your damage deposit (if any).
ADDITIONAL TERMS MAY APPLY TO SPECIFIC TRANSACTIONS; CONFLICTS BETWEEN TERMS; BOOKING ON THIRD-PARTY PLATFORMS. If you choose to reserve an Accommodation through the Luxury Desert Escapes website, to use Luxury Desert Escapes to provide rental management or marketing services on your behalf, or to undertake certain other transactions that may be accessible from the website or mobile app, you acknowledge and agree that you may be required to enter into one or more separate agreements or waivers, which may contain different or additional terms and conditions. If a conflict exists between this Agreement and the terms and conditions of a specific separate agreement, waiver, or service, the terms and conditions of the specific agreement, waiver, or service will control. All capitalized terms will have the meaning set forth in the Luxury Desert Escapes's Terms and Conditions unless otherwise defined in this Agreement. If you reserve an Accommodation through a third-party booking platform or online travel agency (each an "OTA"), the OTA's terms and conditions will apply to your stay and if in conflict with these terms, will supersede.
RESERVATION CANCELLATIONS AND MODIFICATIONS: Cancellation policies may vary with each Property. See listings for additional details. Please note that if your reservation dates have been moved, all cancellation policies remain attached to your original reservation date. Sign-in to your registered account for more information.
Cancellation by Guest.
- From 60 days to 30 days prior to your arrival date there is a 50% cancellation fee.
- From 30 days until your arrival date there are no refunds.
- Reservations April 7th to May 4th (Festivals), the following Cancelation Policy applies:
- A 50% deposit is required
- A 25% cancellation fee will apply from the date of booking until 60 days prior to your stay.
- From 60 days until your arrival date there are no refunds.
Cancellation By Luxury Desert Escapes. If for any reason the Accommodation you booked is unavailable, including, but not limited to, issues related to safety, utilities, maintenance, guest overstays, weather or inaccessibility, accidental double booking on multiple platforms, Property ownership changes, permitting, licensing, or regulatory changes, or other reasons, Luxury Desert Escapes may substitute a comparable unit or allow Guest to cancel and receive a full refund, or, if no comparable unit is available, Luxury Desert Escapes may cancel the reservation and provide a full refund of all payments made by you.
TRANSIENT OCCUPANCY; NO TENANCY: Guest and their registered Guests are renting the Accommodation as transient lodgers for the number of days between the check-in date and the check-out date, inclusive, from Luxury Desert Escapes who retains full legal, possessory, property, and access rights. This Agreement is not a lease and will not be construed to create any tenancy or exclusive possession property right.
SAFETY; SURVEILLANCE; SECURITY:
Safety: You acknowledge and agree that the Properties may contain certain safety features such as smoke detectors, carbon monoxide detectors, fire alarms, pool gates, pool alarms, or sound level monitoring units as may be required by law. You consent to our use of these safety features, and you agree not to interfere or tamper with these safety features. You agree to immediately report any problems or need for maintenance or repairs to us. It is expressly understood that you must not, at any time, disable or remove any installed safety feature, and doing so will be considered a material breach of this Agreement and will be just cause for termination of this Agreement and your removal from the Property.
Surveillance: Each Accommodation may be monitored by video electronic surveillance on the exterior of the house for guest security and to ensure that local law and the rules of the community are respected. You acknowledge that the Accommodation may be under 24-hour exterior surveillance and security monitoring and patrols, subject to and in compliance with relevant privacy laws. Accommodations may include noise alert decibel monitoring systems in order to ensure that neighborhood noise levels are respected.
Security: You also acknowledge and agree that certain security measures may be provided by us in connection with the Properties. We reserve the right to commence, expand, reduce or discontinue any such security measures at any time without notice to you.
PERSONAL PROPERTY AND INJURY:
Luxury Desert Escapes Insurance: The personal property, including vehicles, of any Occupant Parties is not insured by Luxury Desert Escapes against loss or damage due to fire, theft, vandalism, rain, water, criminal, or negligent acts of others, or any other cause. Luxury Desert Escapes does not insure against personal injury to any Occupant Parties due to any reason other than a hazardous condition on the Property that exists as a result of Luxury Desert Escapes's and its employees' and agents' negligence or intentional misconduct. Occupant acknowledges and agrees that he/she/they are responsible for the safety of themselves and all Occupant Parties with respect to any pool, hot tub, play equipment, dock, and the Property and its other amenities; children must be closely supervised at all times while on the Property.
Occupant Insurance: Luxury Desert Escapes recommends that all Occupant Parties carry or obtain insurance to protect themselves and their personal property from any loss or damage.
Indemnity and Hold Harmless: Except for Luxury Desert Escapes's gross negligence or willful misconduct, Occupant agrees to defend, indemnify, and hold harmless Luxury Desert Escapes and its members from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage, or injury arising from Occupant Parties' actions and as related to any of their personal property.
Non-Liability: Luxury Desert Escapes will not be liable for any damage or injury to any Occupant Parties, or any other person, or to any property, occurring on the Property unless such damage is the legal result of the negligence or willful misconduct of Luxury Desert Escapes and its agents and employees. Occupant waives any such claims against Luxury Desert Escapes on its behalf and on behalf of all Occupant Parties including, without limitation, loss or damage due to theft, casualty, water leakage, smoke damage, mold, vermin or other matters. Luxury Desert Escapes will have no liability for any interruption in utility or other services.
COVID-19: Occupants fully understand that there are dangers, inherent and otherwise, in staying at an alternative lodging facility, such as the Property, during the COVID-19 pandemic. Occupants further understand that they may be exposed to the risk of illness, death, and/or the contraction of COVID-19 by guests they invite onto the Property and/or vendors who may be performing maintenance and/or repairs to the Property. Occupants hereby acknowledge that they are staying at the Property at their own free will and agree to assume the full risk of any illness and/or losses of any kind, regardless of severity and including death, that may occur in connection with their stay at the Property. As such, Occupants agree to release Luxury Desert Escapes from any and all liability pertaining to this Section.
Survival: This Section, and all indemnity obligations under this Agreement, will survive until satisfied. All Occupant's monetary obligations under this Agreement will likewise survive until satisfied.
RULES; REGULATIONS; NUISANCE; DISPARAGEMENT: You agree to comply with any and all applicable federal, state and local laws, rules, regulations, covenants, , and codes related to your use and occupancy. You further agree to comply with all covenants, conditions and restrictions, bylaws, rules, regulations and decisions of any governing homeowners association ("HOA"), if applicable. The terms and conditions stated herein are a way of notifying you of the rules and regulations of the HOA. You will reimburse Luxury Desert Escapes for any fines or charges imposed by the HOA or other authorities due to any violation by any Guest parties
You will not, and will ensure your party will not: (i) disrupt Luxury Desert Escapes's business operations; (ii) disturb, annoy, endanger, interfere or threaten the rights, comfort, health, safety, or convenience of other occupants of the building in which Property is located, its neighbors or Luxury Desert Escapes's staff; (iii) store anything in utility closets that house any gas appliances, or tamper with utilities or telecommunications; (iv) violate any law or ordinance; (v) commit waste or nuisance on, about or around the Property or (vi) take any action that would injure or derogate Luxury Desert Escapes's reputation in any way, including publishing, endorsing or making any untrue statements, disparaging remarks or derogatory statements about Luxury Desert Escapes, any of our employees or agents, and the Property, whether online or otherwise.
Violation of ordinances or homeowners association rules may result in the immediate cancellation of your reservation, removal from the Property, and fines of up to $15,000. No refunds will be given for removal from the Property due to violation of any rules or regulations. You and registered guests further agree that all monies paid towards this reservation will be forfeited and no legal action will be taken against Luxury Desert Escapes for any personal or property damages incurred.
NO ASSIGNMENT, SUBLETTING BY GUEST; NO ADDITIONAL USE OF PROPERTY: Guest will not assign any interest, sublet, or permit any use by any unauthorized person of any part of the Property, or use the Property for anything other than a vacation rental. If youassign your license to the Property or any part thereof is sublet: (i) assignees(s), sublessee(s) and all others will be required to immediately leave the Property, or be removed from it. Due to your breach of this Agreement, you agree to forfeit your right to the return of any Damage Deposit, if applicable, and be held liable for any costs or damages incurred by Luxury Desert Escapes.
ENTRY: Luxury Desert Escapes and its agents have the right to enter the Property, at any time, upon reasonable notice: (i) for the purpose of making repairs, decorations, alterations and improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that you are complying with the Guest terms below; (iii) for the purpose of showing the Property to prospective buyers or inspection; and without notice and immediately (iv) to abate any noise or other violations; or (v) in case of emergency. Except in the case of an emergency or violations, Luxury Desert Escapes will make reasonable efforts to notify you in advance.
CONDITION OF PROPERTY: Guest has not viewed the Property prior to booking Accommodations. Guest will, on arrival, examine the Property, all furniture, furnishings, appliances, fixtures, and landscaping, if any, and will immediately report, in writing, if any are not in operating condition or are in disrepair. Guest will be responsible for any damage to the Property as a result of failure to report a problem, malfunction or damage in a timely manner. Reporting repairs does not give you the right to cancel the reservation or receive a refund of any payments made. Guest acknowledges and agrees that all information supplied in any Luxury Desert Escapes in marketing materials, including but not limited to the Luxury Desert Escapes website and online listings, is intended for marketing purposes only. No warranty, express or implied, is extended from Luxury Desert Escapes as to specific conditions of the Property. The Property will be delivered in substantial compliance with description provided in AS IS condition.
MAINTENANCE: You and your guests will properly use, operate and safeguard the Property including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Guest will be responsible for all repairs, including drain blockages or stoppage unless caused by defective plumbing parts or tree roots invading sewer lines, or replacements caused by you and your guests excluding only ordinary wear and tear.
Luxury Desert Escapes does not guarantee against mechanical or other failure of heating, air conditioning, appliances, TVs/VCRs/DVD players, stereo equipment, any utility systems, pools/spas, windows, internet, roofing or the like. Please report any inoperative equipment or condition to us promptly. NO REFUNDS OR RENT REDUCTIONS WILL BE MADE DUE TO MECHANICAL FAILURES OR MALFUNCTIONS, INTERRUPTIONS OR UTILITIES, MAINTENANCE PROBLEMS OR CONSTRUCTION IN THE AREA. WHILE Luxury Desert Escapes WILL MAKE EVERY REASONABLE EFFORT TO REPAIR ANY MAINTENANCE ISSUE IN A TIMELY MANNER AND EFFICIENTLY, IT CANNOT GUARANTEE THAT THE ISSUE WILL BE FIXED DURING THE GUEST STAY. Luxury Desert Escapes will also have no liability for any interruption in utility or other services. If a problem persists after being given phone instructions by an Luxury Desert Escapes property associate, a maintenance service professional will be dispatched to assist the Guest.
CLEANING: The Property will be delivered in professionally cleaned condition. Luxury Desert Escapes does not provide nightly housekeeping. You may request to schedule a mid-stay cleaning for an additional fee by contacting Luxury Desert Escapes Customer Support. Please note the cleaning fee included in the Total Cost of Stay covers three (3) hours of cleaning after your departure from the Property. You will be responsible for the cost of any additional cleaning, if required, as determined by Luxury Desert Escapes. Should Luxury Desert Escapes determine there is excessive uncleanliness requiring additional cleaning, you acknowledge, agree, and authorize Luxury Desert Escapes to charge the credit card used to complete your booking. The home will need to be reset to the listing photos to prepare for the next guests as the housekeeping team is unable to lift heavy furniture.
OBLIGATIONS UPON DEPARTURE: Upon termination of occupancy, Guest will: (i) give Luxury Desert Escapes or its agents all copies of all keys or opening devices to the Property, including any common areas; (ii) vacate the Property and surrender it to Luxury Desert Escapes empty of all persons and their personal property; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Property to Luxury Desert Escapes in the same condition less ordinary wear and tear as received upon arrival. Guest will be responsible for any damage to the Property as a result of failure to report a problem, malfunction or damage in a timely manner.
FORCE MAJEURE; REFUNDS: Luxury Desert Escapes will not be responsible for, and will not provide refunds in connection with, events outside its reasonable control, including without limitation: (a) environmental and other noise; (b) personal emergencies of Occupants; (c) flight delays or other travel-related issues; (d) inclement weather; (e) internet or cable connectivity problems; (f) any government-declared evacuations or controls; or (g) any delay or failure caused by acts of God or other causes beyond Luxury Desert Escapes's reasonable control, including fire, flood, earthquake, accident, storm, explosions, strike or labor dispute, unavailability of supplies or labor, holdovers, pandemics, acts of war, terrorism and the like.
MISCELLANEOUS: Luxury Desert Escapes may freely assign this Agreement without consent to any affiliated entity or its successor in interest by way of merger, acquisition, or sale of all or substantially all of its assets. Any and all legal matters arising out of this Agreement will be adjudicated in the city in which the Property is located. Should any provision contained in this Agreement be held to be invalid, illegal or enforceable by a court or other judicial tribunal of competent jurisdiction, the remainder of the Agreement will be in full force and effect. The parties agree that any such invalid, illegal or unenforceable provision will be replaced with a valid, legal and enforceable provision that most closely accomplishes the former provisions' economic effect. In no event will Luxury Desert Escapes be liable for lost profits, special damages, punitive damages or consequential damages under this Agreement. This Agreement and any incorporated documents are subject to Luxury Desert Escapes's and your obligation to act with good faith and fair dealing.
CONCIERGE SERVICES
We offer Concierge Services to enhance your stay at selected Luxury Desert Escapes properties. Our team can assist you with creating a personalized itinerary so every minute of your trip is unforgettable. Some special offerings we can arrange, depending on the Luxury Desert Escapes property location, include ground transportation, private aircraft charter, private chef service, hot air balloon rides, pre-arrival fridge stocking, at-home massages, guided tours and much more ("Concierge Services"). Whether you're gathering for a family retreat or celebrating a special occasion, let us elevate your travel experience.
We may, but shall not be obligated to offer Concierge Services for an additional fee from time to time. If so offered by Us and so requested by you, we will mutually agree on the dates and times for such services and we and/or the applicable third-party service provider shall have the right to enter the reserved Accommodation to perform such services. To the extent that we offer and you request or use any such Concierge Services, you hereby agree to comply and ensure your registered guests' compliance with all of the applicable rules with respect to use of such Concierge Services. You shall be responsible for any damages that you or your registered guests cause.
Purchases
You agree to pay all applicable fees related to your use of any Concierge Services arranged through Luxury Desert Escapes's mobile app, Concierge Services emails or Customer Experience team member. Some Concierge Services may be directly charged by the provider, and we will update you on the method of payment for the services. By providing a payment method, you expressly authorize Luxury Desert Escapes to charge the applicable fees for goods or services, taxes and other charges incurred at the time of purchase, and thereafter each time you accrue any additional charges for additional services. We may use a third-party payment processor, and we have the right to cancel any Concierge Services requested if your offered payment method cannot be processed. You acknowledge and agree that Luxury Desert Escapes may receive a service charge, commission, referral or concierge fee in addition to the direct cost of the Concierge Services, either included in the guest fee or directly from the provider.
Luxury Desert Escapes may decline any Concierge Services request for any reason. If your request is declined by us, you will receive a full refund. Luxury Desert Escapes, at its sole discretion, may offer different promotional features and different rates to any customer. Luxury Desert Escapes may change the schedule of fees for some or all of the Concierge Services from time to time.
If there is an error with payment, please notify us as soon as discovered and we will take the necessary steps to rectify it.
Please note that until Concierge Services and/or reservations are confirmed by Luxury Desert Escapes or the third-party provider, all Concierge Services requests are subject to availability and prices are subject to change.
Third-Party Sites and Providers
Luxury Desert Escapes sometimes provides links via our mobile app and Luxury Desert Escapes emails to third-party websites or co-branded webpages. If you choose to use these links to purchase any Concierge Services, you will be redirected to websites or webpages that are not associated, owned or controlled by Luxury Desert Escapes. If you decide to access any of the third-party websites or co-branded webpages linked from the mobile app or Luxury Desert Escapes emails, you are doing so at your own risk, and those sites should have their own privacy policies and terms and conditions or services. By using the Concierge Services, you acknowledge and agree that Luxury Desert Escapes is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third-party's products, services or websites. Luxury Desert Escapes makes no representations or warranties and does not endorse any third-party services. Luxury Desert Escapes does not assume any liability or responsibility to you or any other person for any third-party products, services or websites.
Certain third-party providers of goods or services may require your agreement to additional or different terms prior to your use of or access to their goods or services, including liability waivers for hazardous activities, and Luxury Desert Escapes disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.
Cancellation of Concierge Services
Cancellation policies vary by third-party providers. If you decide to cancel any purchase of third-party products or service, such cancellation shall be pursuant to the then current cancellation and refund policies of such third-party. You further agree to pay and be responsible for any penalty or fees associated with such cancellation of third-party products or services, and understand and acknowledge that if you cancel any services within a non-refundable timeframe, no refunds for the services will be provided by Luxury Desert Escapes.
Waiver and Release
By purchasing or utilizing any Concierge Services, you hereby release, waive, discharge and covenant not to sue Luxury Desert Escapes, Inc. or its trustees, directors, officers, employees and agents or representatives from any and all liability, claims, demand, actions and causes of action whatsoever arising out of or related to any accidents, loss, damage, illnesses or injury, including death, that may be sustained by you or your guests, or any of the property belonging to you or your guests. You agree that Luxury Desert Escapes will not, under any circumstances, be responsible or liable, directly or indirectly, for any claim, damages or loss related to your use of the Concierge Services.
You acknowledge and understand that some of the Concierge Services offered by Luxury Desert Escapes may be dangerous or inherently dangerous, and your participation in such dangerous or inherently dangerous activities is at your own risk.
You acknowledge and understand that you are responsible and liable for your own acts and the acts of anyone you invite to join or provide access to the Concierge Services. If you are booking for an additional guest who is a minor, you must be legally authorized to act on behalf of the minor and agree to be solely responsible for the supervision of that minor.
OUTSIDE VENDORS
You acknowledge that you may not hire outside vendors (Chef, Bartenders, Cabana Boys or another service performed on-site) at any Luxury Desert Escapes Property as the properties require certain insurance, licenses, and workers compensation plans. You may however inquire about our approved vendors list who have been vetted which have the proper insurance, licenses, and workers compensation plans to perform work on our the properties. The safety of vendors and our guests is our number one priority during your stay.
HOUSE RULES
You acknowledge the following House Rules, together with any Property-specific rules provided in a house manual, are in addition to and incorporated into the Guest Agreement and will be enforced by our staff at all Luxury Desert Escapes Properties. You are advised to keep in mind that vacation rental properties may be located in quiet, private neighborhoods. Please respect our neighbors and staff. Violation of any ordinance, regulation, or HOA rule may result in the immediate cancellation of your reservation, removal from the Property, and fines of up to $15,000. You agree as follows:
OCCUPANCY: Guests will not exceed the stated occupancy limits in the reservation without prior approval. No unauthorized Guest and/or visitor may stay overnight. In the event that you exceed the maximum occupancy number of the Property, you will be liable and pay a penalty fee of $500 per person for every person over occupancy.
EXCESSIVE NOISE; QUIET HOURS: You are not permitted to create excessive noise at the Property. Neighborhood quiet hours at all Luxury Desert Escapes Properties are strictly enforced from 9:30PM - 8AM, unless specified otherwise by Luxury Desert Escapes. Please be considerate of your neighbors as music needs to be controlled within the property lines during the day. Outdoor music and noise must be kept under 50 dBA at all times and is not permitted after 9PM. Some local regulations may require stricter quiet hours or noise restrictions, check your listing. City & HOA Fines for during the day music that disturbs the peace or during quiet hours start at $2000 per occurrence.
NO SMOKING: Smoking is NOT permitted anywhere on the Property. Damage liability and additional cleaning attributable to smoking will be paid by Guest.
NO PETS: Pets are not allowed unless Accommodation listing permits and agreed upon prior to booking. All pets are subject to a fee and additional deposit. If an unauthorized pet is on the Property, you are in breach of this Agreement and will be fined $300 per day. Service animals will be allowed as required by law, subject to Luxury Desert Escapes policies. Damage or additional cleaning attributable to animals will be charged to you. All pets and animals must be fully vaccinated, non-aggressive, free of fleas and ticks and fully house trained.
PARKING: Guest will not exceed the stated number of maximum vehicles in the reservation. We make efforts to make Guests aware of local parking restrictions; please refer to your House Manual for more information. You are solely responsible for adhering to local street parking restrictions, including HOA rules, and any penalties associated with violating said restrictions. HOA parking rules are posted on the entry areas of the communities, if you are not in an HOA please keep an eye our for street sweeping signs. Fines for illegally parked cars horizontal in a driveway or extending out to the HOA walking path or pavers start at $500 to $1000 per vehicle. Please ask about off-site parking.
NO EVENTS; GATHERINGS; PARTIES: Luxury Desert Escapes recognizes that the Property is being used for group travel, which may include gatherings for the registered guests as part of the Luxury Desert Escapes experience. However, the Property may not be used for any parties (a) to which outside unregistered guests attend exceeding the maximum capacity limits as defined herein, (b) at which noise or loud music may be heard by neighbors or is in violation of any local regulations, (c) with music or noise during quiet hours, or (d) parties that are otherwise disruptive to neighbors or the neighborhood. Unless an event is pre-approved by Luxury Desert Escapes and a separate event agreement is signed, no events or group gatherings or parties are permitted at the Property.
Should you desire to plan an event or to engage any third-party vendor of any kind, you must contact Luxury Desert Escapes to ensure all requirements, including but not limited to signing an event agreement, insurance, permitting, parking, and security, are met. You are considering hosting any kind of gathering or event on the property above the maximum capacity limit stated in this Agreement; or You plan to engage any third-party vendor to provide services on-site. Upon discovery of an unapproved event, group gathering or party, you and your registered guests will be deemed in breach of this Agreement and Luxury Desert Escapes personnel or Security shall have the right to enter the Property to remove all persons not listed above as a registered guest, including forcibly removing persons if necessary.
This Agreement shall automatically terminate, and you and your registered guests agree to immediately vacate the Property. In violation of this provision, you and your registered guests agree that all monies paid towards this reservation will be forfeited and you may be required to pay liquidated damages in an amount equal to Luxury Desert Escapes's standard event fee, which you hereby agree is reasonable. You further agree that no legal action will be taken against Luxury Desert Escapes for any personal or property damages incurred.
7. NO COMMERCIAL USE; FILMING; PHOTOGRAPHY: Guest and registered guests will not use the Property for any commercial purpose, including professional filming and photography purposes at the Accommodation without prior written permission from Luxury Desert Escapes. Should you or your registered guests video/audio record or take photographs for commercial purposes without written permission from Luxury Desert Escapes, you will be in breach of this Agreement and may be removed from the Accommodation immediately without refund. Should such unauthorized recording(s) or photo(s) be distributed for commercial purposes, you will forfeit to Luxury Desert Escapes all proceeds, royalties, and/or revenue received from such distribution and will use all efforts to remove the unauthorized recording(s) and/or photograph(s) from distribution.
8. NO UNLAWFUL USE OF PROPERTY: Guest and registered guests may not use the property for any unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband., and any pornographic or other filming and photography for commercial uses.
9. NO TRESPASS: Guests are only granted access to the premises within property lines. Accessing neighboring properties is strictly prohibited. Guests are responsible for any fines and penalties resulting from trespassing.
10. NO ALTERATIONS: Guest will not make any alterations in or about the Property including, but not limited to, moving furniture, painting, wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits or using screws, fastening devices, nails or adhesive materials anywhere on the Property.
11. HOAs: Please be advised that Guests staying at any Property located in an HOA community, or similar, are required to follow local rules, ordinances, or regulations ("Local Rules"). Should Local Rules conflict with terms set forth in this Agreement, they will supersede you agree to abide by all rules and regulations set forth by local ordinances, which may include a "Good Neighbor Policy".
12. NO WEAPONS, VIOLENCE, OR HAZARDOUS MATERIALS: Occupant will not possess or cause to be present a firearm or other dangerous weapon on the Property. A "dangerous weapon" means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury. Furthermore, Occupant will not engage in any violent behavior including fighting with or without a firearm or other dangerous weapon in or about the Property.
Without prior approval, fireworks of any type are strictly prohibited at the Property. Occupant will not allow fireworks, flammable substances, or other hazardous materials to be brought or used in or around the Property (other than charcoal or firewood in designated fireplaces and grills).
Occupants found to be in violation of this section will be liable for any corresponding property damage, and subject to $500 fine and immediate eviction from the Property without refund.
13. USE OF POOLS, HOT TUBS AND DOCKS: The use of swimming pools, hot tubs, and spas, docks, ponds, lakes, beaches and any accessory or related equipment, while providing exercise, recreation, and relaxation can be inherently dangerous. You and your guests are strongly cautioned to adhere to the following safe practices: 1. No diving into the pool or hot tub or spa; 2. No intoxicated persons may use the pool or hot tub or spa; 3. No use of glass containers by the pool; 4. No one should use the pool or hot tub or spa alone; 5. Children may never be left unattended when they may gain access to the pool, pond, hot tub or spa, not even for a few seconds. 6. No Swimming in Pond 7. Waterslides are feet first sitting straight up 8. No one shall ever jump off a waterslide, climb on a waterslide, or dive off a waterslide. If these rules are not followed then death or injury may occur and the "PERSONAL PROPERTY AND INJURY" Paragraph above shall apply.
You and your guests agree to assume liability for pool, hot tub, waterslide, fire pits or spa use, dock use, and any use of any body of water on the Property, including the use of any related accessories or equipment such as diving boards, pool floaties, etc. No Lifeguard will be on duty - you and your guests will swim at your own risk.
If the Property is part of an HOA or rental complex, the following also apply. HOA or House Rules, if applicable will supplement or supersede these rules: 9. The pool, hot tub or spa may only be used during posted hours; 10. Adult supervision is required for anyone under the age of 14;11. All drinks must be served in unbreakable containers; 12. No alcoholic drinks are allowed in the pool area, hot tub or spa; 13. Users must shower prior to using the pool, hot tub or spa; 14. Use the pool safety equipment only in case of emergency.
14. USE OF BICYCLES: Use of bicycles provided at the Property constitutes your agreement, on behalf of yourself and any of your guests, to voluntarily participate in an activity that has inherent risks and to assume all risks associated with the use thereof. You are aware that hazardous road conditions do exist and agree to operate the bicycle in a safe manner, including but not limited to, wearing a helmet at all times while operating the bicycle. You and your guests expressly release Luxury Desert Escapes from any and all claims, including for personal injury and property damage, even if caused by negligence. You further agree to hold harmless, indemnify, and defend Luxury Desert Escapes against any and all claims, demands, causes of action, damages, judgments, orders, costs or expenses, including attorney's fees, whether actually incurred or not, which may arise from or be in any way connected with your use of the bicycle. In the event that any bicycle is damaged, lost, or stolen during your stay, you agree to pay all costs of repair or replacement.
15. THERMOSTAT LIMITS: To prevent any damage to the HVAC system, the A/C thermostat may not be lowered below 72 degrees Fahrenheit at any time during your stay at the Property.
16. TRASH: All trash must be taken out and placed in trash bins. If not possible to place the trash in the bins, please place the trash bags alongside the inside garage wall. Trash is picked up once a week, if the bins are full please let our Customer Support team know.
17. MAIL: Guests may not receive mail or packages at the Property. We do not have access to the mailboxes at many of our Properties and cannot retrieve mail for you or your guests. We are not liable for items shipped to the Property that are lost, stolen or otherwise not received.
18. LOST, MISSING, or LEFT BEHIND ITEMS: Luxury Desert Escapes cannot be liable for Lost, Missing, or left behind items at the properties. Please gather all of your belongings at the end of the rental period. Items will be donated if they are left behind.
Luxury Desert Escapes reserves the right to make changes to the Terms set forth in this Agreement at any time. It is understood and agreed that by booking a Property with Luxury Desert Escapes you will have acknowledged and consented to all terms and conditions of the Luxury Desert Escapes Guest Agreement, on behalf of yourself and those in your party.
Acknowledgement
I/we, the undersigned, hereby apply for the above listed accommodation and warrant and agree that I/we (a) are 25 years of age or older, (b) have read, understand and agree to the terms and conditions of this application, (c) will occupy the Property solely in accordance with the agreement, for vacation purposes, and (d) will abide by all laws and any restrictions on use of said Property, and acknowledge that a breach of any of these terms may result in immediate eviction. I/we further understand and represent that I/we are executing this application on behalf of all parties named on the guest list.
THE CREDIT CARD SUPPLIED AT THE TIME OF RESERVATION WILL BE HELD FOR BACKUP SECURITY PURPOSES. It is hereby agreed that unpaid rent, fines and/or citations, excessive cleaning, damage, replacement costs for missing or removed items from the Premises, lost keys, lock-outs and/or charges incurred for additional services requested by guest(s) may be charged to this card, if necessary.
__ agreed to the terms of this Guest Booking Agreement on __
Site Terms of Use
Scope Of Services
Luxury Desert Escapes's vision seeks to enhance the short-term rental industry by delivering exceptional and unique stays for Our Guests. We lease and manage beautiful properties in top desirable markets and furnish every Property to Luxury Desert Escapes's opulent brand standards. Our mission is to set the new standard for alternative lodging by creating authentic and unforgettable experiences at Our beautiful homes. Whether you book through Our Site or with a third-party provider (e.g. Airbnb, HomeAway, VRBO, Booking.com, Expedia), you are booking an Accommodation maintained and operated by Luxury Desert Escapes.
User Requirements. Id Verification. Background Screening
To use Our Site or book a Property using Our Site, you must be 25 years or older (Some Properties Age maybe 21, check the listing for additional info). Luxury Desert Escapes reserves the right to raise the minimum age to rent specific properties. When booking a stay, you must provide accurate, current, and complete information for you and your reservation party. If you choose to register an account with Luxury Desert Escapes, you must also provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or transfer your account to anyone else. By registering an account with Luxury Desert Escapes, you agree to comply with all of the Terms set forth herein.
You are responsible for maintaining the confidentiality and security of account credentials and may not share your credentials with any third-party. You are responsible and liable for activities and transactions conducted through your account or your use of the Site. You must immediately notify Luxury Desert Escapes if your registered account is compromised.
As permitted by applicable law, Luxury Desert Escapes may, but has no obligation to (i) ask you to provide and verify identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents. You hereby consent to background checks and screenings and identity verification by Luxury Desert Escapes. By booking with Luxury Desert Escapes, you authorize Luxury Desert Escapes to use your personal information (including name, address, date of birth, or other identifying information) to obtain these screenings, and you agree that Luxury Desert Escapes may, in our sole discretion, suspend or terminate your reservations, based on our evaluation of such screening.
By agreeing to this Agreement, you represent and warrant to Us that: (1) you are 25 years or older; (2) fully able and competent to enter into this Agreement; (3) you have not previously been suspended or removed from the Services or any of our Properties; and (4) your registration and your use of the Services and Our Properties is and will be in compliance with any and all applicable laws, rules and regulations. If you are an organization (i.e.- company), the individual accepting this Agreement on your behalf represents and warrants that he or she has the authority to bind you to this Agreement and you agree to be bound by this Agreement.
Non-US Users
The Services are controlled and offered by us from our offices in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own will and are responsible for compliance with local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside.
Force Majeure
Luxury Desert Escapes shall not be responsible for, and shall not provide refunds in connection with, events outside Our reasonable control, including without limitation: (a) environmental and other noise; (b) personal emergencies of Guests; (c ) flight delays or other travel-related issues; (d) inclement weather; (e) internet or cable connectivity problems; (f) any government-declared evacuations or controls; or (g) any delay or failure caused by acts of God or other causes beyond Luxury Desert Escapes's reasonable control, including fire, flood, earthquake, accident, storm, explosions, strike or labor dispute, unavailability of supplies or labor, holdovers, pandemics, acts of war, terrorism and the like.
Limitations Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL Luxury Desert Escapes, LLC, OR OUR AFFILIATES (INCLUDING BUT NOT LIMITED TO OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE TO GUESTS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY OF THE SERVICES PROVIDED BY Luxury Desert Escapes, WHETHER BASED ON A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF Luxury Desert Escapes HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL Luxury Desert Escapes'S LIABILITY TO GUESTS FOR BREACH OF CONTRACT OR NEGLIGENCE, IN THE AGGREGATE, EXCEED THE TOTAL AMOUNT OF ONE HUNDRED DOLLARS ($100).
Mediation; Litigation
Luxury Desert Escapes's commitment to customer satisfaction has been strongly embedded in our company culture and values. It is important to Us that Our homes and the services provided meet customer expectations in all respects. Thus, if a problem should arise, please contact Luxury Desert Escapes Customer Support at experience@Luxury Desert Escapes.com, and we will try to resolve your concerns or claims relating in any way to the Site, any dealings with our customer support agents, stays or Services provided by Luxury Desert Escapes. If we are unable to resolve your concerns or claims, you may pursue claims as set forth in this Section.
You agree to mediate any dispute or claim arising out of these Terms, or any resulting transaction, before resorting to arbitration or court action with an experienced mediator, with a strong preference given to former state or federal judges. Mediation fees, if any, shall be divided equally among the parties involved. If the dispute or claim is not resolved within sixty (60) days of the commencement of mediation, either party may proceed by litigation or, if mutually agreed, arbitration. Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive your right to participate in or be represented in any class or representative action regarding any claim or dispute. If for any reason a claim proceeds in court rather than in mediation, you waive any right to a jury trial.
To begin mediation proceedings, you must send a letter requesting mediation and describing your claims to "Attn: Luxury Desert Escapes Legal" at Luxury Desert Escapes LLC, P.O. Box 5699, La Quinta, CA 92248. If we request mediation against you, we will give you notice at the email address or street address you have provided.
Applicable Law And Jurisdiction
The laws of the State of California, without regard to California's rules regarding conflict of laws, shall apply to any disputes arising out of or relating to these Terms and your use of the Site. Any claims arising out of or relating to these Terms and/or your use of the Site shall be litigated exclusively in the state or federal courts of California State, Los Angeles County, and you and Luxury Desert Escapes waive any and all rights to a trial by jury and consent to personal jurisdiction in those courts. Any disputes arising or related to Our Properties shall be governed by the law of the State in which the Property is located.
Termination
You acknowledge and agree that Luxury Desert Escapes, in its sole discretion, may temporarily or permanently suspend or terminate your access to Our Services or registered account for any reasons, including but not limited to repeated cancellations or attempts to cancel confirmed reservations, without notice to you. Luxury Desert Escapes shall not be liable as a result of any such temporary or permanent suspension or termination of your registered account or use of Our Services.
Indemnification
Guest and registered guests agree to defend, indemnify, and hold harmless Luxury Desert Escapes, its trustees, directors, officers, employees and agents from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage, or injury to you, your guests and any personal property in connection with the use of our website and Accommodation. This indemnity obligation shall survive termination of this Agreement until satisfied.
No Waiver; No Binding Effect
The failure of Luxury Desert Escapes to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of Luxury Desert Escapes's rights or deprive Luxury Desert Escapes of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Modification To Terms
Luxury Desert Escapes reserves the right to modify these Terms at any time and for any reason. Any modifications, amendment, or cancellation of these Terms that occurs prior to your stay is hereby effective immediately and deemed incorporated into the Terms governing the reservation. You should check our website regularly for updates to these Terms. Your continued use of Our Site and/or any Services provided by Luxury Desert Escapes will constitute your acceptance of the revised Terms.
Severability
In case any provision in this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.
It is understood and agreed that by using Our Site, whether or not you use any Services or make any Reservations, you shall have acknowledged and consented to Luxury Desert Escapes's Terms, on behalf of yourself and those in your party.
