Terms & Conditions
LUXURY ESCAPES (trading under Luxury Escapes Travel Agency L.L.C.) a limited liability company registered in Dubai, United Arab Emirates with trade license 1044443 whose registered office is at Onyx Tower 2, Office Shop #9, the Greens, Dubai PO Box 211044, U.A.E (Company)
The Company is in the business of providing luxury travel and lifestyle management services
The user wishes to obtain, and the Company agrees to provide certain services more particularly defined in this service agreement on and subject to the terms set out herein which shall include the Company’s Terms and Conditions for the Supply of Services (Terms).
Luxury Travel and Lifestyle Concierge and management services at the request of the client. You will be provided a designated personal manager to help, assist and support all your needs throughout your journey.
Membership Fees and all Charges quoted by the Company from time to time are exclusive of VAT and any other applicable taxes and exclusive of any currency exchange or banking fees which fees shall be payable by the Client. Membership Fees are not refundable.
The Company reserves the right to require payment of up to 100% in advance for all charges (including expenses, booking fees and deposits as set out in the relevant quotations provided by the Company to secure a booking on behalf of the Client. Advance payments are not refundable unless otherwise expressly stated by the Company.
The Client may cancel this Agreement at any time on provision of three (3) months’ notice in writing to the Company. Unless otherwise expressly agreed in writing by the Company. Membership Fees are not refundable.
- Terms & Conditions
1.1 These are the terms and conditions upon which we, LUXURY ESCAPES (trading under Luxury Escapes Travel Agency L.L.C.) a limited liability company registered in Dubai, United Arab Emirates with trade license number1015058 whose registered office is at Onyx Tower 2, Office Shop #9, the Greens, Dubai PO Box 211044, U.A.E (the Company, we or us) agree to supply luxury travel and lifestyle management and concierge services (the Services) to you (you or Client).
1.2 By using our Services, you are agreeing to be bound by these terms and conditions. By accepting these terms and conditions, you understand that they will apply to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
1.3 Unless otherwise stated in these terms and conditions, a reference to writing or written includes WhatsApp and email.
- Our contract
2.1 The contract between the Company and the Client (the Contract) will come into existence in each of the following circumstances:
(a) Upon acceptance in writing by us of your application for annual membership (Membership) with you; and/or
(b) Upon acceptance by us in writing of a request for Project Services (a Service Request) from you.
2.2 Your Membership Contract will last for a minimum period of 12 months from the date of acceptance by us. Membership is an annual ongoing service, and your Membership will renew automatically on the anniversary date of the commencement of the Membership Contract unless the Membership contract has been terminated by you providing us with not less than three (3) calendar months written notice prior to the renewal date, or otherwise in accordance with these terms and conditions.
2.3 Your Contract for Project Services (when you submit a Service Request to us but do not have an annual Membership Contract with us) will terminate upon completion of the Services specified in the relevant Service Request.
- Service Requests
3.1 You may submit a Service Request to us in writing at any time, however, any such Service Request will only be deemed to be accepted by us when we issue you with written acceptance or other confirmation of the Service Request.
3.2 Any indicative quotation given by the Company which is marked as such shall not constitute an offer and is only valid for a period of 24 hours from the time of issue unless otherwise specified in the quotation. The Company reserves the right to amend the terms of a quotation for Services prior to final acceptance.
- Our Services
4.1 Our Service entitles you to a designated Personal Manager from the Company. Your Personal Manager will be available during office hours (9:00am to 5:30pm, Monday – Friday in Dubai, UAE) and will use best efforts to be available outside office hours where possible to handle your lifestyle and travel management requests. Your Personal Manager (or designated alternate) will handle all Service Requests you send to the Company.
4.2 The Company shall use all reasonable endeavours to meet your requirements as set out in a Service Request, however, the Company reserves the right to refuse or modify a Service Request if we deem it necessary to comply with any applicable law or regulatory requirement, if the Services requested are outside our remit, or if the amendment will not materially affect the nature or quality of the Services, and the Company shall notify the Client in any such event.
4.3 For the avoidance of doubt, the Company shall not provide or procure any Services of any nature which are, or may become unlawful, restricted, prohibited or otherwise deemed inappropriate or immoral or contrary to the public good in any jurisdiction deemed relevant by the Company as determined by the Company in its sole discretion.
- Your commitment to us
5.1 You agree to:
(a) ensure that any information you provide to us in connection with the Services is complete and accurate;
(b) co-operate with the Company in all matters relating to the Services;
(c) unless otherwise expressly agreed by the Company in writing in advance, be responsible for, obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start, this will include all passport requirements, visas, travel permits, health screening (including but not limited to PCR testing for COVID-19) and related documentation. We do not accept any responsibility if you are unable to travel due to not complying with any such requirements;
(d) be responsible for taking out adequate travel insurance or such other insurances as may be required;
(e) inform us as soon as possible if you wish to cancel any booking or purchase made, or if you are unable to honour any appointment, reservation or meeting arranged pursuant to a Service Request.
5.2 You shall not, whilst participating in or otherwise benefiting from all or any part of the Services to be provided or procured by the Company, do anything that is illegal or otherwise likely to cause complaint from any third party, including without limitation taking illegal drugs, deliberately injuring or threatening any person, deliberately causing damage to third party property or otherwise engaging in any material misconduct. Failure to comply with this term shall constitute a material breach of the Contract.
5.3 Your Membership and/or use of our Services is personal to you and one additional guest, and you are responsible for ensuring that no one else uses the Services. You will procure that your additional guest will comply with these terms and conditions.
5.4 If our performance of any of our obligations to you under the Contract is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation, without limiting or affecting any other right or remedy available to us, we shall have the right to suspend performance of the Services until the Client remedies the default. In such circumstances we shall not be liable for any delay or failure to perform our obligations nor for any costs or losses sustained or incurred by the Client arising directly or indirectly from the Company’s failure or delay to perform any of its obligations. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not providing us within a reasonable time of us asking for it with personal details, bank details and passport details which we may need to supply the Services to you.
- Third party suppliers
6.1 The Company will search for appropriate third-party suppliers to meet your Service Requests and where applicable we will book services for you with such suppliers. When booking services with suppliers for you and on your behalf, the Company requests the right to request your credit card details prior to securing any such booking.
6.2 We will endeavour to ensure that any supplier recommended for performance of a Service Request adheres to good industry practice. We will let you know if we become aware of any issues or concerns we have with a proposed supplier before the supplier is either instructed to do the work or is introduced to you. It will then be up to you to decide whether to proceed with instructing the supplier.
6.3 Any contract for work to be carried out, goods to be supplied, or services to be provided is between you and the third-party supplier and will be subject to any terms agreed between you and/or imposed upon you by the third-party supplier. The Company is not a party to that contract and the Company does not guarantee and is not responsible for any work carried out, goods supplied, or services provided by a third-party supplier.
6.4 When the Company instructs a supplier on your behalf, we are not responsible for the actions of the supplier (unless there has been a breach by us). Subject to the terms of our Contract with you and to the extent permissible by law, we accept no liability for any loss, liability or cost incurred by you as a result of any act or omission of a supplier.
6.5 We are not responsible for the failure of any third-party suppliers to provide any goods or services which we have booked on your behalf, or the negligence of such third party in providing them. However, we will make reasonable efforts to assist in the resolution of any such issues.
6.6 You will be responsible under the contract with the supplier for any cancellation fees/charges. You shall be responsible for all fees charged by suppliers whether notified to you at the time of booking or otherwise charged by the supplier for their services. We may manage payments to suppliers on your behalf. We will always seek your approval before using your credit or debit card to make payments, including to secure a booking.
6.7 Unless expressly agreed by the Company in writing, we will not be obliged to make any payment to a third-party supplier on your behalf, however, if we do, we will seek your prior consent. The Company will invoice you for any such payments at the end of each calendar month and you shall be obliged to settle such invoices within 7 days.
- Charges and payment
7.1 You must pay your annual Membership Fee upfront and before submitting any Service Request to us. Your annual Membership Fee is not refundable.
7.2 In case of any Project Services, including Service Fees relating to a Service Request, the Company shall invoice you directly.
7.3 The Client shall pay each invoice submitted by the Company within 7 days of the date of the invoice or in accordance with any other credit terms expressly agreed by the Company and confirmed in writing to the Client. You shall make all payments in full and in cleared funds to a bank account nominated in writing by the Company.
7.4 Without affecting any other right or remedy available to us, we reserve the right to suspend supply of our Services to you if you fail to pay any amount due under the Contract on the due date for payment and we have notified you that such amount is due.
7.5 All amounts payable by the Client under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Company to the Client, the Client shall, on receipt of a valid VAT invoice from the Company, pay to the Company such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
7.6 The Company has entered into commission arrangements with trusted third-party suppliers, who in return offer preferential rates and/or other benefits that we are able to pass on to you, accordingly, the Company may receive commissions from time to time. All amounts payable by the Client under the Contract are inclusive of amounts in respect of any commissions payable to the Company and/or any third party unless otherwise stated in writing.
7.7 No refund. Notwithstanding anything to the contrary in these terms and conditions, payments made by the Client to the Company are not refundable unless otherwise agreed by the Company in writing in advance or by reason of proven default of the Company.
- Data protection
The Company declares that it is compliant with applicable data protection laws, and that all personal data relating to or shared by the Client shall only be used and retained by the Company for the purposes of fulfilling its obligations under the Contract or otherwise as required by applicable law.
- Our responsibility to you
9.1 The Company shall be responsible to you for any foreseeable loss or damage you incur which has been caused by us, including when caused by our deliberate default.
9.2 Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation.
9.3 Subject to clause 9.2 the Company’s total liability to the Client for all loss or damage shall not exceed (i) 25% of the sum of the loss or damage incurred by the Client (as evidenced in writing or by production of valid receipts) or (ii) US$20,000, whichever is the lower.
9.4 The Company shall have no responsibility to you for loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of opportunity, loss of or damage to goodwill or reputation or any indirect or consequential loss.
9.5 Unless the Client notifies the Company that it intends to make a claim in respect of an event within the notice period, the Company shall have no liability for that event. The notice period for an event shall start on the day on which the Client became, or ought reasonably to have become, aware of the event having occurred and shall expire 6 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
- Ending our Contract
10.1 Cancellation of your Membership. You may cancel your Membership Contract at any time by providing us with written notice. Membership Fees are not refundable. If you do not cancel your Membership as required by clause 2.2 of these terms and conditions, your Membership Contract will automatically renew, and we will be entitled to charge you a Membership Fee.
10.2 Cancellation of any other Services. You may cease using the Company’s Services at any time by providing us with written notice. You may request a refund for any Services requested but not provided, and if we are not at fault we may deduct or charge you reasonable compensation for the Services provided up to the date of your breach.
10.3 The Company may end the Contract with you immediately on notice if you breach any of the terms and conditions, including if you fail to make payment to us. In such circumstances, we will refund any money you have paid in advance for the Services we have not provided but we may deduct or charge you reasonable compensation for any expenses or costs incurred or will incur as a result of your breach.
10.4 The Company may end the Contract at any time on provision of three months’ notice in writing. The Company will no longer accept further order requests upon such notice. We will refund any money you have paid in advance for the Services we have not provided.
- Force majeure. The Company shall not be in breach of the Contract nor liable to the Client for delay in performing, or failure to perform (including by reason of cancellation), any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control. For the avoidance of doubt, such circumstances shall include circumstances related to or otherwise caused by COVID 19 including related laws, regulations and policies in any jurisdiction whatsoever, labour disputes, strikes, industrial disturbances, Act of God, acts of terrorism, acts of government or other regulatory authority, floods, lightning, utility or communications failures, earthquakes, pandemics or other causality. The Company shall take all reasonable steps to minimise the effects of Force Majeure on the performance of its obligations under this Contract.
12.1 The Company may at any time assign, subcontract, or delegate, any or all of its rights and obligations under the Contract. We will provide you with not less than three (3) months’ notice.
12.2 The Contract is confidential and neither of us shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.
12.3 Any failure or delay by either you or by the Company to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy by you or by the Company.
12.4 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, that provision or part provision shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Contract.
12.5 No party other than you or the Company has any rights to enforce any term of the Contract.
12.6 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with English law.
12.7 Jurisdiction. Each party irrevocably agrees that the courts of the Dubai International Financial Centre shall have non exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.