Terms and Conditions
Agreement between User and www.escapelux.com
Welcome to www.escapelux.com. The www.escapelux.com website (the "Site") is comprised of various web pages operated by Escape Luxury Hospitality ("Escape"). www.escapelux.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.escapelux.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.escapelux.com is an E-Commerce Site.
We rent luxury homes in Miami, as well as provide hospitality and concierge services.
Visiting www.escapelux.com or sending emails to Escape constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Escape is not responsible for third party access to your account that results from theft or misappropriation of your account. Escape and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Escape does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.escapelux.com only with permission of a parent or guardian.
CANCELLATIONS AND REFUNDS.
Should your travel plans change, you may cancel your booking up to 60 days prior to the arrival date without incurring a penalty. Cancellation of a booking less than 60 days prior to arrival date may result in the partial or complete loss of payments, as specified below. All cancellation requests must be made in writing. Cancellation charges are as follows
31-59 days prior to arrival date: 50% of total booking
30 days or less prior to arrival date: 100% of total booking
In the event a booking is canceled less than 30 days from the arrival date due to a natural disaster or force majeure (i.e. hurricane, flood, earthquake, fire, tornado, mudslide, tropical storm, typhoon, drought, death, unexpected illness or injury, government obligation, government restriction, government mandated quarantine, transportation disruptions or cancellations, war, riots, strikes, lockouts, acts or threats of terrorism, viral pandemic, viral epidemic, viral outbreak or energy blackouts), Escape Luxury Hospitality will apply 100% of the booking fee towards a future booking, subject to availability, without Guest incurring additional re-booking fees. If the requested property is not available during the time period requested for the re-booking, Escape Luxury Hospitality will provide alternate accommodations at a comparable property. In no event will Guest receive a refund. In order to receive the re-booking credit and avoid a partial or complete loss of payments, the following documentation is required:
Death of a guest, immediate family member or caregiver. You’ll be asked to provide one of these documents as proof:
- Death certificate
- News article naming the deceased
- Police report
Unexpected serious illness or injury affecting a guest. You will be required to provide a statement from a physician confirming that the person is unable to travel due to illness or injury. The statement must be dated after the reservation was booked and provided within 7 days of cancellation.
Government-mandated obligations including jury duty, travel restrictions, court appearances, and military deployment. You will be required to provide a copy of the official notice dated after the reservation was booked, including the name of the person fulfilling the obligation.
Transportation disruptions that make it impossible to travel to your destination, including road closures and flight cancellations where there are no alternative methods of travel. This includes closures and cancellations caused by natural disasters You will be required to provide a notice of the road closure, or documentation from the transportation provider that the transportation was cancelled along with supporting documentation confirming that it is not possible to travel to your destination.
Train, bus, or ferry cancellations where no alternate trips were available on the same day. You will be required to provide documentation that shows the carrier was not operating on that day, such as a screenshot of the company’s website or a link to an official statement from the carrier.
Should Guest decline the re-booking credit described above or fail to provide the required documentation, Guest forfeits 100% of total booking fee.
REBOOKINGS. If any changes are made to the booking within 14 days of the originally scheduled arrival date, excluding those circumstances identified above, Escape Luxury Hospitality reserves the right to deem the changes as a cancellation and re-booking, in which event certain penalties may apply as provided herein.
All requests for changes or amendments must be made in writing. In the event the selected Property is unavailable due to reasons beyond Escape Luxury Hospitality’s control, Escape Luxury Hospitality reserves the right to relocate the Guest to a Property of equal or better quality (in Escape Luxury Hospitality’s sole determination) in the same destination. The Guest agrees to the right of Escape Luxury Hospitality to relocate the Guest in such event.
Links to Third Party Sites/Third Party Services
www.escapelux.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Escape and Escape is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Escape is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Escape of the site or any association with its operators.
Certain services made available via www.escapelux.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.escapelux.com domain, you hereby acknowledge and consent that Escape may share such information and data with any third party with whom Escape has a contractual relationship to provide the requested product, service or functionality on behalf of www.escapelux.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Escape or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Escape content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Escape and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Escape or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Escape account to third party accounts. By connecting your Escape account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Escape from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Escape Content accessed through www.escapelux.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Escape, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Escape reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Escape in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Escape agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ESCAPE LUXURY HOSPITALITY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ESCAPE LUXURY HOSPITALITY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ESCAPE LUXURY HOSPITALITY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Escape reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Escape as a result of this agreement or use of the Site. Escape's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Escape's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Escape with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Escape with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Escape with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Escape reserves the right, in its sole discretion, to change the Terms under which www.escapelux.com is offered. The most current version of the Terms will supersede all previous versions. Escape encourages you to periodically review the Terms to stay informed of our updates.
Escape welcomes your questions or comments regarding the Terms:
Escape Luxury Hospitality
1680 Michigan Ave, 700
Miami Beach, Florida 33139