Last Updated: March 16, 2017
“Accommodation” means any residential or other property listed on the Site that may be booked for a temporary stay.
“Content” means text, graphics, images, music, software, audio, video, information or other materials and includes User Content.
“User Content” means all Content that a Guest submits or transmits to Latin Exclusive as a testimonial or comment regarding the Site or Services.
“Guest” means a person who has received an email from Latin Exclusive confirming a Reservation of an Accommodation made via the Site.
“Owner” means one who has ownership of an Accommodation available on the Site.
“Reservation” means an arrangement between you and the Owner of an Accommodation to have that Accommodation reserved for your use at a specific future time.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE CONFIRMED A RESERVATION. THE SITE AND SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE 18 YEARS OLD OR OLDER. ANY ACCESS TO OR USE OF THE SITE OR SERVICES BY ANYONE UNDER 18 IS EXPRESSLY PROHIBITED. BY ACCESSING OR USING THE SITE OR SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE 18 OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR CONTENT. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.
Latin Exclusive reserves the right, at its sole discretion, to modify the Site, Content or Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Content or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease accessing or using the Site, Content and Services.
How the Site Works
The Site can be used to facilitate the booking of residential and other properties listed on the Site. As stated above, Latin Exclusive makes available a platform or marketplace with related technology for Guests to arrange for bookings of Accommodations directly with Owners. You understand and agree that Latin Exclusive is not a party to any agreements entered into between Guests and Owners, nor does Latin Exclusive have any control over the conduct of Owners, Guests or other users of the Site. Latin Exclusive is not an Owner, a real estate broker, agent, insurer or operator of properties, including, but not limited to, hotel rooms, other any other type of lodging or temporary accommodation, nor is it a provider of properties, including, but not limited to, hotel rooms, other lodgings or Accommodations. Latin Exclusive' responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the Owners’ collection agent for all payments not collected directly from Guests by Owners.
Much of the information regarding each Accommodation is provided by its Owners, including, on occasion, the photographs themselves. Photographs of, and information about, an Accommodation are published on the Site to offer prospective guests a reasonable notion regarding the quality and characteristics of the Accommodation. Photographs of the Accommodations are not necessarily accurate visual representations of the Accommodation nor its features and decor.
Although Latin Exclusive does endeavor to verify and update information about the Accommodations and to update photographs of the Accommodations published on the Site, Latin Exclusive does not endorse any User Content or any Accommodation and shall therefore not be liable to any user or Guest if the published information, User Content, or photographs do not reflect modifications to the décor or other features of the Accommodations made by their respective Owners. Latin Exclusive does not control the condition, legality or suitability of any Accommodation. Latin Exclusive is not responsible for and disclaims any and all liability related to any and all listings and Accommodations. Accordingly, any and all Reservations are made at the Guest’s own risk.
The minimum stay required for most Accommodations is four nights; however, Accommodations may require minimum stays of periods as long as one month. In certain countries, there may be a limit on the duration of a Guest’s stay. If you wish to arrange a stay of more than six months, please make this clear to the Latin Exclusive agent to confirm whether such a stay is legally permissible.
Bookings and Financial Terms
The Owners, not Latin Exclusive, are solely responsible for honoring any confirmed bookings and making available Accommodations reserved through the Site and Services. If you, as a Guest, choose to confirm a Reservation with Latin Exclusive, you agree and understand that you will be required to enter into an agreement with the Accommodation's Owner, and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Owner. You acknowledge and agree that that you, and not Latin Exclusive, will be responsible for performing the obligations under any such agreements, that Latin Exclusive is not a party to such agreements, and that, with the exception of any collection obligations hereunder, Latin Exclusive disclaims all liability arising from or related to any such agreements.
Only persons who have legal capacity in both their country of residence and the country where the Accommodation is located and who have capacity to guarantee payment of all contracted Services can make Reservations and execute a lease agreement with the Owner of the Accommodation.
When making a Reservation, you are required to inform Latin Exclusive of the number of people who will occupy the Accommodation. Overnight stays in the Accommodation of persons other than the Guest and previously identified occupants are not permitted and constitute a breach of these Terms for which the Owner and/or Latin Exclusive are entitled to rescind the rental contract and to evict you and all occupants from the Accommodation. At check-in, the Guest and any other individuals occupying the Accommodation are required to provide a copy of a valid identification card and/or Passport.
LATIN EXCLUSIVE AND THE OWNERS RESERVE THE RIGHT TO EXCLUDE GUESTS AND ANY OTHER AUTHORIZED OCCUPANTS PRIOR TO CHECK-IN AND RESERVE THE RIGHT TO EXCLUDE OR EVICT ANY GUEST OR OCCUPANT OF THE ACCOMMODATION IN VIOLATION OF THESE TERMS.
You agree to the following procedure for making and confirming Reservations:
a) Upon receiving a Reservation request, Latin Exclusive will contact the Owner to verify whether the Accommodation is available. Certain Accommodations are listed on the Latin Exclusive Site with the “Reserve Now” option. For Accommodations that can be reserved through this option, Owners have already provided Latin Exclusive with the availability of the Accommodations.
b) If a Reservation request is submitted through the “Reserve Now” option, Latin Exclusive will contact the Guest within 24 hours to confirm the availability of the Accommodation. If the “Reserve Now” option is not available for the relevant Accommodation, Latin Exclusive will contact the Guest to confirm whether the Accommodation is available on the requested dates at the email address provided after receiving the Owner’s confirmation of availability.
c) To confirm a Reservation, a Guest must pay the Initial Reservation Payment (as defined below under the heading “Reservation Confirmation”) within 48 hours of Latin Exclusive’ email confirming the availability of the Accommodation for the requested dates and sending payment information to Guest (the “Reservation Payment Period”). Latin Exclusive shall hold the requested dates at the Accommodation during the Reservation Payment Period.
d) Once receipt of the Initial Reservation Payment is confirmed, Latin Exclusive will instruct the Owner to definitively book the Accommodation for you on the dates you have requested. Subsequently, Latin Exclusive will send you an email confirming your Reservation.
e) By submitting an inquiry you will be opted to receive our Latin Exclusive Culture emails.
Your delay or failure to make the Initial Reservation Payment within the Reservation Payment Period will result in the lapse of the hold on your requested dates at the Accommodation, and Latin Exclusive will not be able to guarantee the Accommodation’s availability for the requested dates. If you make the Reservation Payment outside of the Reservation Payment Period and the Accommodation is no longer available, Latin Exclusive will reject the payment, in which case you should receive a refund of the entire amount of the payment less any non-refundable credit card charges, bank transaction fees or similar charges.
The “Initial Reservation Payment” is typically 50% of the total rent, depending on the location of the Accommodation. We accept Visa, MasterCard or American Express. Payment through PayPal or bank transfer is also available. Guests using credit cards issued in certain countries may be subject to surcharges required by local law. You assume all costs, expenses, fees, taxes or other expenditures applied to any payments or wire transfers by any credit card company, bank or government authority involved in the transaction (even if the credit card company, bank or government authority technically charges Latin Exclusive Collections). Following successful processing of your Initial Reservation Payment, Latin Exclusive Collections (or its representative) will send you a confirmation email summarizing your Reservation. Latin Exclusive reserves the right to charge the Initial Reservation Payment and the Rent Balance (as defined below) together, summing to 100% of total rent, upon Reservation Confirmation. Initial Reservation Payments for stays greater than or equal to 2 months and less than 6 months will equal to a payment of 1 month rent. For stays greater than or equal to 6 months, the Initial Reservations Payment will equal to a payment of 2 months rent.
The Rent Balance is the remaining balance of the total rent after deducting the Initial Reservation Payment. Payment of the Rent Balance is due at least 10 days in advance of check-in. It can be paid via Visa, MasterCard or American Express credit cards, via Pay Pal or via U.S. bank transfer. Any and all commissions, charges, taxes and rates applicable to Rent Balance shall be solely borne by the Guest. If Guest fails to pay the Rent Balance ten (10) days prior to check-in, Latin Exclusive may consider the reservation cancelled and proceed to offer the property to other potential guests. The Initial Reservation Payment previously made will not be refunded.
Administration and Additional Fees
In some destinations, you will be charged an Service Fee, which is payable in conjunction with the Initial Reservation Payment. Additional fees may be charged for cleaning services provided more frequently than once per week during your stay. Our Reservations Team will inform you of any fee prior to booking.
Any desired extension of a Reservation that has already commenced will be subject to availability and will be treated as a new Reservation. Consequently, the Accommodation may not be available for rent and rent prices for the Accommodation may not be available at the same rate. In order to confirm an extension with a start date within 30 days, you will need to immediately pay the full amount of the rent for the term of the extension. In order to confirm an extension more than 30 days in advance of its start date, 50% of the total price of the rent for the extended term will be due, with the remaining Rent Balance for that term due 10 days prior to the extension start date. In either case, a new contract must be signed upon confirmation, and any monies paid towards an extension are non-refundable.
Changing your Reservation Dates
Any desired change to your Reservation dates is subject to availability. Any change to the dates of your Reservation made within thirty (30) days prior to check-in shall be subject to an additional charge. No additional charge will apply to any change to your Reservation dates made more than thirty (30) days in advance of your Reservation.
Unavailability of the Accommodation and Situations Affecting your Stay
If, for any reason, the Accommodation booked becomes unavailable on the requested dates or if any problem or defect is discovered or occurs during check-in or during the Guest’s stay, which would frustrate the Guest’s use and enjoyment of the Accommodation prior to completion of his or her stay, Latin Exclusive will notify the Guest that made the Reservation and make all commercially reasonable efforts to provide an alternative Accommodation for the requested dates. Latin Exclusive will use commercially reasonable efforts to locate an alternative Accommodation with similar amenities at the same rental price until the problem or defect in the Accommodation is resolved or the rental contract terminates (whichever is sooner), but if we cannot locate a suitable, similar Accommodation, we will inform the Guest of available alternative Accommodations and how they differ from the reserved or rented Accommodation with respect to features and price.
If the Guest is unsatisfied with the alternative Accommodation offered as a result of unavailability, a problem or a defect, he or she may choose to: (a) cancel the Reservation and receive full reimbursement of the Initial Reservation Payment and the Rent Balance (if any) paid to Latin Exclusive if the unavailability, problem or defect is discovered before or during check-in; or (b) receive a reimbursement proportional to the length of the unused rental term if a problem or defect is discovered during the Guest’s stay.
Neither Latin Exclusive nor the Owner will relocate Guests, reimburse rental payments or cancel a Reservation in response to requests or complaints resulting from or related to causes that are beyond Latin Exclusive’ or the Owner’s control, unrelated to the Accommodation or due to acts of God or other force majeure event, including without limitation, general street noise or any kind of disturbance caused by construction, maintenance or repair (whether or not to the Accommodation or the building in which it is located), the condition of the hallways or other amenities, temporary malfunctioning of elevators, maintenance or repairs of common areas ordered by the building management, repairs to neighboring properties, interruption of the Internet or other services and any similar events affecting the Guest’s stay in the Accommodation but beyond the Owner’s or Latin Exclusive’ control.
Nevertheless, Latin Exclusive will make commercially reasonable efforts to resolve or minimize the situation. Latin Exclusive cannot and does not guarantee that its eventual resolution of the situation will not increase expenses for the Guest, including increased rent payments or other expenditures. A Guest’s exclusive remedies against Latin Exclusive in any of the above-described events are to: (i) accept Latin Exclusive Collection’s alternative Accommodation arrangements or (ii) cancel the remaining portion of the rental contract and receive a reimbursement proportional to the length of the rental term cancelled.
Limitation of Liability
To the maximum extent permitted by law, you accept all risk related to your use of the Site and Services. Neither Latin Exclusive nor any party involved in creating, producing or delivering the Site or Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, the costs of substitute products or services, damages for personal or bodily injury or emotional distress associated with use of the Site or Services or in any way in connection with these Terms, or for any damages for which you are held liable in connection with your stay in an Accommodation even if a limited remedy set forth herein is found to have failed its essential purpose. Your exclusive remedy against Latin Exclusive in any way connected to your use of the Site or Services is to discontinue your use of the Site or the Services. You hereby waive and release any and all statutory, equitable or common law remedies for monetary damages you may have against Latin Exclusive in connection with any damage related to these Terms, the Site, the Services or your stay in an Accommodation. All limitations on liability in these Terms and the exclusive remedies described herein are fundamental bases of the bargain between you and Latin Exclusive.
Our Guest Experience staff will contact the Guest upon confirmation of Reservation to request his/her flight information. This information is necessary for Latin Exclusive to monitor the Guest’s flight and take any and all appropriate measures related to scheduling and/or rescheduling the check-in process. If the Guest misses or changes his or her flight or any other changes to the Guest’s flight information occur, the Guest must inform Latin Exclusive as soon as practicable.
Our Guest Experience staff will meet the Guest at the booked Accommodation on the date and time scheduled for check-in (standard check in time is 2PM) to deliver the keys, execute the temporary lease agreement (if not executed in advance of check-in), receive the Security Deposit via credit card authorization, show the Guest the Accommodation and deliver a welcome package containing useful information on the Accommodation, the city and the neighborhood.
At the date and time scheduled for check-out (standard check out time is 11AM), our Guest Experience staff will inspect the Accommodation, review the inventory and collect the keys. The Guest will be considered to have surrendered the Accommodation upon return of the keys. At this time, our Guest Experience staff will also inform the Guests if any missing items or damage to the Accommodation was discovered upon inspection of the Property.
The check-out process generally takes approximately thirty (30) minutes but could take more or less time. Guests should organize their check-out/departure plans accordingly. Should the Guest desire to modify the date and time of check-out, the Guest should inform Latin Exclusive with advance notice reasonably sufficient to reschedule check-out at a mutually convenient time. Rescheduling of your check-out date may be subject to additional charges. Surrendering your Accommodation prior to the completion of your rental contract does not entitle you to reimbursement of any rent payments.
Latin Exclusive will charge a USD $50 fee to Guest for check-ins or check-outs after 8pm or before 8am.
The Guest must maintain the Accommodation in good and clean condition at all times.
The price of some Accommodations includes a once-a-week cleaning service. If the Guest requires more frequent cleaning service or if cleaning service is not included in the rental price, the cost shall be covered by the Guest. Even if cleaning service is included in the price of the rent, Guests are required to leave the Accommodation in a good and clean condition subject only to normal wear and tear. If the Guest fails to return the Accommodation in a good and clean condition, Latin Exclusive and/or the Owner may withhold a cleaning charge from the Security Deposit corresponding to the cost necessary to leave the Accommodation in a good and clean condition.
Only cleaning personnel designated by Latin Exclusive is authorized in the Accommodations. Guests are responsible for granting the cleaning personnel access to the Accommodations on the dates and times stipulated. Please contact Latin Exclusive if you have any questions or concerns regarding the cleaning service, or to schedule more frequent cleaning service.
Supplies at the Accommodations
The Accommodations will be supplied with basic hygiene products, including towels, toilet paper and soap. Latin Exclusive offers Guests the optional Services of supplying the Accommodations with beverages and snacks throughout the Guest’s stay. We will charge you for the cost of beverages and snacks in addition to an administrative fee; you will be informed of the relevant administrative fee at the time you request this Service.
Please inform Latin Exclusive of any special request via email before making your Reservation so that Latin Exclusive can verify whether your request can be met. Special requests may be subject to additional charges; Latin Exclusive will notify you of the proposed additional charges for your special request in writing for your authorization. Latin Exclusive shall not be responsible for your failure to notify us of any special request or necessity and shall not be liable, and shall not make any reimbursement, to any Guest whose stay is inadequate as a result of a failure to appropriately notify us of said special request or necessity.
Rules Regarding Your Stay in an Accommodation
In connection with your stay in an Accommodation, you agree that:
(i) You and all authorized occupants will comply with the Accommodation’s house rules concerning the admission of pets, noise and other applicable rules;
(ii) Neither you nor any authorized or unauthorized occupant will smoke or use illegal substances in any of the Accommodations;
(iii) You will keep noise levels at the Accommodation to a minimum between the hours of 10 pm and 9 am or, if local law is more restrictive, comply with all local noise restrictions informed by Latin Exclusive or the Owner of an Accommodation;
(iv) Latin Exclusive and/or the Owner may inspect the Accommodation upon reasonable notice or without prior notice when exceptional circumstances make doing so necessary;
(v) If any illegal substances are found in the Accommodations, or it the neighbors complain about noise levels in excess of the range of normal tolerance or other violations that result in complaints or claims, Latin Exclusive and/or the Owner may immediately evict you and all authorized or unauthorized occupants at any time of day or night; and
(vi) Your unlawful or wrongful conduct, or that of any authorized or unauthorized occupant, shall result in the loss of the total amount paid by the Guest, including the Initial Reservation Payment, the Rent Balance and the Security Deposit. Furthermore, Latin Exclusive and/or the Owner may seek reimbursement of any expenses or losses incurred in connection with any proceeding or legal action asserted against them as a result of the Guest’s conduct.
Owners may choose to require security deposits for the rental of their Accommodation to cover the cost of missing items and damages or losses in excess of normal wear and tear (the “Security Deposit”). The amount of the Security Deposit varies by Accommodation. Latin Exclusive will inform you of any Security Deposit required after you confirm your Reservation. Latin Exclusive will either (i) use commercially reasonable efforts to obtain a pre-authorization of the Guest’s credit card in the amount of the Security Deposit or (ii) collect a bank transfer from the Guest in the amount of the Security Deposit prior to check-in or at check-in. The Owner will determine the amount of the Security Deposit. You expressly authorize Latin Exclusive to obtain an authorization hold on your credit or debit card to cover the cost of any Security Deposit charged by the Owner. Generally, these funds will not be available for your use until the hold is released. If damages or losses are disclosed upon inspection during or after check-out, the cost to repair or replace such damages or losses shall be charged to the Guest’s credit card pending receipt of documentation from the Owner duly evidencing the resulting repair costs. You waive any and all rights to contest Latin Exclusive charging your credit card upon our receipt of duly documented repair costs.
If the Security Deposit is charged to your credit card or otherwise collected via other payment method and if no damages or losses were caused, the Security Deposit shall be reimbursed upon completion of the Guest’s stay or within five (5) business days of check-out, without interest or reimbursement of any currency or transaction fee of any kind.
If damages or losses are disclosed upon inspection at check-out, the Security Deposit shall be withheld pending receipt of documentation from the Owner duly evidencing the resulting repair costs. You waive any and all rights to contest Latin Exclusive’ withholding of the Security Deposit and disbursement of the Security Deposit to the Owner upon our receipt of duly documented repair costs. Once the total cost of damages or losses are determined, the remaining amount of the Security Deposit will be returned to the Guest.
If the cost of the damages or losses exceeds the Security Deposit, Latin Exclusive and/or the Owner will send you receipts, price-quotes or budgets, etc., evidencing the cost of remedying the damages or losses, and you shall pay Latin Exclusive the necessary amount by an authorized payment method within five (5) business days. If you fail to pay the cost of the damages or losses within the specified time, you hereby expressly agree that Latin Exclusive shall be authorized to charge these costs to your credit card.
Damage to Accommodations or Missing Items
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation. In the event that an Owner claims and provides evidence of damage or items missing, you agree to pay the cost of repairing the losses or damages whether repair or replacement of the damaged or missing items is necessary and to the use of your Security Deposit to cover these costs. Latin Exclusive also reserves the right to charge the credit card associated with your Reservation, or otherwise collect payment from you and pursue any avenues available to Latin Exclusive in this regard, including using Security Deposits, in situations in which you have been determined, in Latin Exclusive' sole discretion, to have damaged any Accommodation. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Owner or to Latin Exclusive (if applicable).
Latin Exclusive is not responsible for any damages caused to or within the Property, including without limitation, any broken, stolen or lost items – whether they be your property or that of the Owner. Please contact our office immediately should an item break or go missing.
Guest Cancellations and Refunds
After the initial payment, there will be no refund, regardless of the reason stated by LESSEE (A).
In the event of termination due to the LESSEE's exclusive fault, with less than 60 (sixty) days before for start of the lease, the LESSEE (A) shall lose the full amount, that is, 100% ( one hundred percent) of the reservation, according to the totality of the amounts received in "Section 1, if the termination occurs before 60 (sixty) days on the start of the lease, the LESSOR / REPRESENTATIVE shall reimburse the corresponding 50% (fifty percent) of the amount paid.
NO SHOW: In the event that the LESSEE (A) does not appear on the due dates in the respective reservation, will lose 100% (one hundred percent) of the amount paid, without the right to any refund.
This contract may be terminated lawfully, regardless of judicial or extrajudicial notice and entitlement to indemnification, in the following events:
(a) bankruptcy or initiate judicial or extrajudicial recovery proceedings;
(b) fire, earthquake;
(c) fortuitous event or force majeure.
Concierge Cancellation Policy
There will be no refund for the cancellation of any service (including, a la carte, pre-stocking of the home, tours, and activities) that is made after you confirm said service with Latin Exclusive, either via written confirmation or by paying for the service. Latin Exclusive acts on your behalf as your agent to schedule and confirm these services, and once it is scheduled and confirmed, you are obligated to pay Latin Exclusive. Please note that rescheduling an activity is the equivalent of canceling it and scheduling a new one. For example, if you schedule and we confirm a nanny to provide a babysitting service on Friday, but then you contact us to re-schedule the nanny for Saturday, you will be charged for Friday's canceled nanny service, as well as for Saturday's nanny service (presuming we are able to find a nanny available for Saturday). By signing the contract provided by Latin Exclusive before booking your home, you agree to the terms and conditions stated above. Furthermore, you agree not to dispute charges for change fees and/or cancellation fees with Visa, MasterCard, American Express, or Discover and/or any company that issued the credit card to you.
Rental rates provided on the Site may be quoted in a different currency than the currency in which you will be charged. Upon your request for a Reservation, Latin Exclusive will determine, in its sole discretion, the currency in which you will be charged based on the payment method you select and the location of the Accommodation you are booking. If you are charged in a currency other than that in which the rental price was quoted, the price will be calculated based on the most recent applicable foreign exchange rate according to your financial institution as of the date and time that your Reservation is confirmed. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. You acknowledge that none of these currency conversion rates or fees are controlled by or known to Latin Exclusive.
Any charges, commissions, taxes, rates and other fees applicable to payments shall be borne exclusively by the Guest. Therefore, Latin Exclusive may impose or deduct foreign currency processing costs or fees from any foreign currency remittances to Guests.
Latin Exclusive may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Owners to the nearest whole functional base unit in which the currency is denominated; for example, Latin Exclusive will round up an amount of $100.50 to $101.00, and $104.49 to $104.00.
Some currencies are denominated in large numbers. In those cases, Latin Exclusive may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Latin Exclusive to round up an amount of 1,145 up to 1,150 and 1,144 down to 1,100, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Payment Processing Errors
We will take steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
You understand and acknowledge that the jurisdiction where your Accommodation is located may require Owners to collect taxes from Guests on the amount paid for the right to use and/or occupy an Accommodation, and otherwise empower governmental agencies, departments or authorities to collect and enforce these tax obligations and liabilities (each such agency, department or authority, a “Tax Authority”). These taxes are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (collectively referred to hereinafter as "Occupancy Taxes"). Occupancy Taxes vary between jurisdictions but, if applicable, are generally calculated as a percentage of the rental or occupancy charge or a set daily amount.
If a Tax Authority asserts that Latin Exclusive or Owners with property in that jurisdiction have Occupancy Tax liabilities and obligations, Latin Exclusive may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from Guests on behalf of Owners. In any jurisdiction in which we decide to do so, you hereby instruct and authorize Latin Exclusive to collect Occupancy Taxes on behalf of Owners at the time rental amounts are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes collected and remitted through facilitation by Latin Exclusive, if any, will be visible to and separately stated to Guests on their respective transaction documents. If Latin Exclusive facilitates collection and remittance of Occupancy Taxes on behalf of any Owners, those Owners should not collect Occupancy Taxes from you. Guests acknowledge and agree that in some jurisdictions, Latin Exclusive may not be able to facilitate collection and remittance of Occupancy Taxes and that if Latin Exclusive has not provided notice that it will collect and remit Occupancy Taxes to the Tax Authority on behalf of an Owner with an Accommodation in that jurisdiction, Owners and Guests remain solely responsible and liable for collection and remitting any and all Occupancy Taxes that may apply to the Accommodations. In any jurisdiction in which we collect and remit Occupancy Taxes on behalf of the Owners, Guests expressly grant us permission to transfer data and other information relating to the relevant Occupancy Taxes collected and remitted relating to your transactions.
You expressly agree, consistent with the provisions under the heading “Indemnification and Release,” to waive and to release Latin Exclusive (or any supplier or vendor that Latin Exclusive may use) from any and all claims associated with the collection and remittance of any Occupancy Taxes. You also agree that we may seek additional amounts from you in the event that the Occupancy Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and that your sole remedy for Occupancy Taxes collected is a refund from the applicable Tax Authority in accordance with the applicable procedures set by that Tax Authority.
Cooperation and Assistance
Guests agree to cooperate with and assist Latin Exclusive in good faith, and to provide Latin Exclusive with such information and take such actions as may be reasonably requested by Latin Exclusive, in connection with any complaints or claims made by Guests or Owners relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by Latin Exclusive or a representative of Latin Exclusive regarding use or abuse of the Site or the Services. Upon Latin Exclusive’ reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with an Owner, at no cost to you, which process will be conducted by Latin Exclusive or a third party selected by Latin Exclusive, with respect to losses for which the Owner is requesting payment from Latin Exclusive.
Owners understand and agree that Latin Exclusive reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for to an Accommodation or any personal or other property located at an Accommodation. You agree to cooperate with and assist Latin Exclusive in good faith, and to provide Latin Exclusive with such information as may be reasonably requested by Latin Exclusive in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Latin Exclusive may reasonably request to assist in accomplishing the foregoing.
Problems with Accommodations
Although we rarely encounter problems with the Accommodations, on occasion, issues do arise. Should a problem occur, please contact our office immediately. Our office hours in most locations are:
Monday-Friday: 9:00 to 20:00
Additionally, you will be provided with an emergency number to call outside of office hours. This number should only be used in the event of a true emergency.
Also, please do keep in mind that response times from technicians and repairmen can be slower than one might hope or expect in other countries, and it can be difficult to arrange for repairs at night or on the weekends and holidays. Latin Exclusive will use all commercially reasonable efforts to remedy any situation as quickly as possible.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations and tax obligations that may apply to your access and use of the Site, Content or Services. In connection with your use of our Site and Services, you may not and you agree that you will not:
(i) Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
(ii) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site or Content;
(iii) use the Site, Content or Services for any commercial or other purposes that are not expressly permitted by these Terms;
(iv) copy, use, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
(v) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or any other legal or contractual rights;
(vi) interfere with or damage our Site, Content or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(vii) use our Site or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
when acting as a Guest or otherwise, recruit or otherwise solicit any Owner or other Guest to join third party services or websites that are competitive to Latin Exclusive, without Latin Exclusive’ prior written approval;
(viii) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(ix) use automated scripts to collect information or otherwise interact with the Site, Content or Services;
(x) post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
(xi) systematically retrieve data or other content from our Site, Content or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
(xii) use, display, mirror or frame the Site or the Content, or any individual element within the Site, Content or Services, Latin Exclusive’ name, any Latin Exclusive trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Latin Exclusive’ express written consent;
(xiii) access, tamper with, or use non-public areas of the Site, the Content, the Services or Latin Exclusive’ computer systems;
(xiv) attempt to probe, scan, or test the vulnerability of any Latin Exclusive system or network or breach any security or authentication measures; and
(xv) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Latin Exclusive will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Latin Exclusive may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. Latin Exclusive may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Latin Exclusive or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Latin Exclusive, the users, or members of the public. You acknowledge that Latin Exclusive has no obligation to monitor your access to or use of the Site, Services or Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, or to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Latin Exclusive reserves the right, at any time and without prior notice, to remove or disable access to any Content that Latin Exclusive, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Content are protected by copyright, trademark and other laws of the United States and foreign countries. You acknowledge and agree that the Site, the Content and the Services, including all associated intellectual property rights, are the exclusive property of Latin Exclusive and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Content.
Latin Exclusive Content and User Content License
Subject to your compliance with these Terms, Latin Exclusive grants you a limited, non-exclusive, non-transferable license, solely for personal, non-commercial use, to access and view Content to which you are permitted access.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Latin Exclusive or its licensors, except for the licenses and rights expressly granted in these Terms.
If you submit User Content to Latin Exclusive through our website, by email or by any other means, you permit us to and we may, in our sole discretion, post, upload, publish, submit or transmit the User Content. By making available User Content to Latin Exclusive, you grant to Latin Exclusive a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, which includes rights to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of or to promote or market the Site and Services. Latin Exclusive does not claim any ownership rights in the User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit the User Content.
You represent and warrant that: (i) you either (a) are the sole and exclusive owner of all User Content that you make available to Latin Exclusive or (b) you have all rights, licenses, consents and releases that are necessary to grant to Latin Exclusive the rights to the User Content as contemplated under these Terms; and (ii) neither the User Content nor your submission or transmittal of the User Content or Latin Exclusive Collection’s use of the User Content (or any portion thereof) will result in the violation of any applicable law or regulation or infringe upon, misappropriate, or violate a third party’s intellectual property rights of any kind, moral rights, other proprietary rights, or rights of publicity or privacy.
The Site, Content and Services may contain links to third-party websites or resources. You acknowledge and agree that Latin Exclusive is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org or through the Contact section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Latin Exclusive, and you hereby irrevocably assign to Latin Exclusive and agree to irrevocably assign to Latin Exclusive all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
IF YOU CHOOSE TO USE THE SITE, SERVICES OR CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT LATIN EXCLUSIVE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON GUESTS OR OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LATIN EXCLUSIVE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LATIN EXCLUSIVE MAKES NO WARRANTY THAT THE SITE, SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LATIN EXCLUSIVE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, THE SERVICES OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR THAT PROVIDED BY GUESTS OR OWNERS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LATIN EXCLUSIVE OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR GUESTS. YOU UNDERSTAND THAT LATIN EXCLUSIVE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. LATIN EXCLUSIVE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY LATIN EXCLUSIVE OR NOT. NOTWITHSTANDING LATIN EXCLUSIVE APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE OWNERS, LATIN EXCLUSIVE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT, YOUR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE AND SERVICES, YOUR PARTICIPATION IN ANY REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF LATIN EXCLUSIVE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER LATIN EXCLUSIVE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, CONTENT OR PROGRAMS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR YOUR PARTICIPATION IN ANY AVAILABLE PROGRAMS OR FROM YOUR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LATIN EXCLUSIVE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS UNDER THESE TERMS, IN NO EVENT WILL LATIN EXCLUSIVE AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT OR YOUR PARTICIPATION IN ANY AVAILABLE PROGRAMS AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LATIN EXCLUSIVE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification and Release
You agree to release, defend, indemnify and hold harmless Latin Exclusive and its affiliates, subsidiaries and contractors, and their respective officers, representatives, directors, employees and agents, from and against any claims, liabilities, damages, injuries, losses, and expenses (compensatory, direct, incidental, consequential or otherwise), including, without limitation, reasonable legal and accounting fees and expenses, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Content or your violation of these Terms; (b) your User Content; (c) your interaction with any Guest, Owner or other user of the Site or Services; your (d) booking of an Accommodation; and (e) your use or rental of an Accommodation.
These Terms constitute the entire and exclusive understanding and agreement between Latin Exclusive and you regarding the Site, Services, Content and any Reservations of Accommodations made via the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Latin Exclusive and you regarding Reservations of Accommodations, the Site, Services and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Latin Exclusive’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Latin Exclusive may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Latin Exclusive (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law; Jurisdiction and Dispute Resolution
These Terms will be interpreted in accordance with the laws of the State of New York, United States of America, without regard to its conflict-of-law provisions. This section will survive termination of these Terms.
NOTICE OF ARBITRATION AGREEMENT. You and Latin Exclusive agree that any dispute or claims (whether under a statute, in contract, tort, or otherwise) arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or the Site will be fully and finally settled by binding, mandatory arbitration,
Other than as described above, you and we each GIVE UP OUR RIGHTS TO (a) GO TO COURT to assert or defend claims under these Terms (EXCEPT for matters failing within the jurisdiction of a small claims court) AND (b) TO A TRIAL BY JURY or to participate as a class member. You are entitled to a FAIR HEARING, BUT arbitration procedures are SIMPLER and more limited than rules applicable in court. Arbitrator decisions are as enforceable as judicial decisions and are subject to VERY LIMITED REVIEW BY A COURT.
Class Action and Jury Trial Waiver. Any dispute or claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. Unless both you and Latin Exclusive both otherwise agree in writing, the arbitrator may not consolidate more than one person's claims,and may not otherwise preside over a Class Action or representative proceeding. If for any reason (a) these Class Action provisions are held unenforceable or (b) this arbitration agreement between you and Latin Exclusive is deemed unenforceable or non-arbitrable, you and Latin Exclusive agree that any and all claims or disputes shall be fully and finally resolved by a court of competent jurisdiction sitting in the City of New York by bench trial, (i.e., a judge will decide the facts and you WAIVE YOUR RIGHT TO A TRIAL BY JURY).
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as permissibly modified by these Terms. The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act (9 United States Code §§ 1-16) will govern the interpretation and enforcement of this section.
Arbitration Process. To initiate arbitration, a party must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Place of Arbitration and Procedure. If your claim does not exceed $10,000, the arbitration will be conducted solely on the basis of documents you and Latin Exclusive submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. Whether the hearing will be conducted electronically, telephonically, or in person, will be determined by the arbitrator in accordance with the AAA Rules; reasonable fees may apply. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitration shall be conducted in the City of New York, unless the arbitrator determines, consist with the AAA Rules, that face-to-face proceedings are necessary and that the City of New York is not a reasonably convenient location.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with these Terms.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Changes. Notwithstanding the provisions of the “Modification” section above, you may reject any change we make to this “Dispute Resolution” section after the date you first accepted these Terms or accepted any subsequent changes to these Terms by sending us written notice (including by a message sent to us by way of our website) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of our email notifying you of such change. By rejecting any change, you are confirming that you will arbitrate any Dispute between you and Latin Exclusive in accordance with the relevant “Dispute Resolution” of these Terms on the date you first accepted these Terms or the date you accepted any subsequent changes to these Terms (whichever is later).
Without prejudice to the foregoing reference of disputes to binding arbitration, you and we agree to submit to the non-exclusive jurisdiction of any court sitting in the City of New York solely with respect to any actions for injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
The failure of Latin Exclusive to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Latin Exclusive. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Latin Exclusive
If you have any questions about these Terms, please contact Latin Exclusive at email@example.com.