Terms and Conditions

Key Terms


Hamptons Luxury Rentals, LLC provides a website for properties who have accommodations to list and book with guests seeking to book such accommodations. These properties are managed by Hamptons Luxury Rentals, LLC to rent for vacations and events for guests. The booking calendar is securely synched with AirBnB, Inc. in which these properties and vacancies are up to date in real time.

Terms of Service


By using the Site or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms“). These Terms govern your access to and use of the Site and Service, and constitute a binding legal agreement between you and Hampton Luxury Rentals.
The site comprises an online platform through which the Property Manager may create listings for accommodations and guests may learn about and book accommodations directly with Property Management.

Bookings and Financial Terms


Key definitions


“Accommodation Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in an Accommodation. Property Management is responsible for the Accommodation Fees and arrangements are made directly with the guest. Property Management may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fees or (ii) Taxes that Management determines that he or she has to collect.

Bookings and Financial Terms for Guests


Hamptons Luxury Rentals are solely responsible for honoring any confirmed Bookings and making available any Accommodations reserved through the Site and Services. If you, as a Guest, choose to enter into a transaction with Hamptons Luxury Rentals for the Booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with Hamptons Luxury Rentals and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by Hamptons Luxury Rentals. You acknowledge and agree that you will be responsible for performing the obligations of any such agreements.
The Total Fees payable will be displayed to a Guest before the Guest sends a Booking request to Hamptons Luxury Rentals. As noted above, Hamptons Luxury Rentals is required to either preapprove, confirm or reject the Booking request within the Booking Request Period; otherwise, the requested Booking will be automatically cancelled. You as a Guest agree to pay the Total Fees for any Booking requested, and in most cases confirmed, in connection with your Airbnb Account. Hamptons Luxury Rentals will collect the Total Fees pursuant to the Payments Terms.
Once your confirmed Booking transaction is complete you will receive a confirmation Communication summarizing your confirmed Booking.

General Booking and Financial Terms


Cancellations and Refunds


If, as a Guest, you wish to cancel a confirmed Booking made via the Site and Services, either prior to or after arriving at the Accommodation, the cancellation policy of Hamptons Luxury Rentals contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees, Guest Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site. The Guest Fee is non-refundable unless otherwise indicated in the cancellation policy selected by the Host. Airbnb Payments will initiate any refunds due pursuant to the Payments Terms. ??
In certain circumstances, Hamptons Luxury Rentals may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Site and Services. This may be for reasons set forth in extenuating circumstances or for any other reason. Hamptons Luxury Rentals may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with the Guest Refund Policy or in connection with a cancellation due to extenuating circumstances.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your Accommodation is located may require Taxes to be collected from Guests on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Accommodation Fees set by Hamptons Luxury Rentals, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, “Occupancy Taxes“).

Damage to Accommodations and Security Deposits


As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at an Accommodation) in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that Hamptons Luxury Rentals claims otherwise and provides evidence of damage (“Damage Claim“), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
Hamptons Luxury Rentals may choose to include security deposits in their Listings (“Security Deposits“). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. If Hamptons Luxury Rentals has a Damage Claim for a confirmed Booking, Hamptons Luxury Rentals can seek payment from the Guest with good faith resolution by both parties. If you are a Guest, you understand and agree that Hamptons Luxury Rentals may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation You agree to cooperate with and assist Hamptons Luxury Rentals, in good faith, and to provide Hamptons Luxury Rentals with such information as may be reasonably requested by Hamptons Luxury Rentals, 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 Hamptons Luxury Rentals may reasonably request to assist Airbnb in accomplishing the foregoing.
Security Deposits, if required by Hamptons Luxury Rentals, may be applied to any fees due from a Guest overstaying at a Listing without the Property Manager’s consent.

Overstaying without Hampton Luxury Rentals Consent


Guests agree that a confirmed Booking is merely a license granted by Hamptons Luxury Rentals to the Guest to enter and use the Listing for the limited duration of the confirmed Booking and in accordance with the Guest’s agreement with Hamptons Luxury Rentals. Guests further agree to leave the Accommodation no later than the checkout time that the Hamptons Luxury Rentals specifies in the Listing or such other time as mutually agreed upon between the Hamptons Luxury Rentals and Guest. If a Guest stays past the agreed upon checkout time without Hamptons Luxury Rentals consent, they no longer have a license to stay in the Listing and Hamptons Luxury Rentals is entitled to make the Guest leave. In addition, Guests agree that Hamptons Luxury Rentals can charge the Guest, for each 24 hour period that the Guest stays over the agreed period without consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by Hamptons Luxury Rentals, plus all applicable Service Fees, Taxes, and any legal expenses incurred by Hamptons Luxury Rentals to make the Guest leave.

User Conduct


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 use of the Site, Application, Services and Collective Content. In connection with your use of the Site and Services and Collective Content, you may not and you agree that you will not: 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; use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Collective Content;
Intellectual Property Ownership and Rights Notices
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Hamptons Luxury Rentals 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, Application, Services, or Collective Content. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Services, and Hamptons Luxury Rentals Content are used for identification purposes only and may be the property of their respective owners. You understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Services and Collective Content.

Links


The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Hamptons Luxury Rentals 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. Links to such websites or resources do not imply any endorsement by Hamptons Luxury Rentals of such websites or resources or the content, products, or services 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 or the Content, products or services on or available from such websites or resources.
Some portions of the site implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.

Term


These Terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms.

Controlling Law and Jurisdiction


These Terms and your use of the Services will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Southampton, Suffolk County, New York or a United States District Court for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

Dispute Resolution


If you reside in the United States, you and Hamptons Luxury Rentals agree that any dispute, claim or controversy 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 use of the Site or Collective Content (collectively, “Disputes“) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Hamptons Luxury Rentals are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Hamptons Luxury Rentals otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

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