Pacific Luxe Stays Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Pacific Luxe Stays ("Pacific Luxe Stays," "we," "us"), which operates an online vacation-rental marketplace for Orange County, California (the "Platform").

You enter into this agreement when you create an account and affirmatively accept these Terms, when you submit a property for listing, or when you complete a booking where acceptance of these Terms is required. Acceptance is recorded by an explicit checkbox; we do not rely on your mere use of the website as agreement where a checkbox is presented.

Pacific Luxe Stays operates the Platform. If and when a registered legal entity name is configured for Pacific Luxe Stays, that name will appear in the then-current version of these Terms.

Our Privacy Policy is a separate document and is not part of this contractual agreement, but it applies to your use of the Platform and is linked wherever these Terms are presented.

To hold an account you must be at least 18 years old and have the legal capacity to enter into contracts. You agree to provide accurate, current and complete information, to use only your own account, and to keep your credentials secure. You are responsible for activity under your account.

Where reasonably necessary for safety, fraud prevention, payment processing, legal compliance or property verification, we may require additional verification before you can continue using certain features.

Pacific Luxe Stays operates an online marketplace that connects guests with independent property owners and authorized property managers ("hosts"). We do not own, operate, manage, inspect or control the properties listed on the Platform, and we do not guarantee any property, host or guest. We are not a real-estate broker, property manager, travel agent, escrow company, insurer or tax authority.

Hosts are responsible for the accommodation they provide. A reservation creates rights and obligations between the guest and the applicable host, subject to these Terms and to our platform policies.

We reserve the right to administer bookings, process payments through our payment providers, hold and release host proceeds according to our platform payout rules, process refunds, respond to payment disputes and chargebacks, suspend or remove listings, and enforce these Terms and our policies.

Hosts are solely responsible for the accuracy of their listing, including photographs, descriptions, amenities, sleeping capacity, location, pricing, fees, availability, house rules, permit and license information, accessibility representations and safety information.

We may moderate, edit for formatting, or remove listings. Except where a specific item is expressly marked as verified by Pacific Luxe Stays, we do not independently verify every statement in a listing.

The Platform uses a request-to-book process. Submitting a booking request does not create a reservation and does not guarantee availability. The host reviews the request and may approve or decline it. Where the request is approved, the guest may be required to complete payment within a stated window.

A reservation is confirmed only when the required payment has been completed successfully and the Platform records the booking as confirmed. Check-in and check-out dates, occupancy limits and minimum-stay requirements shown for the property apply to the reservation. A request or reservation may be declined or cancelled where required by these Terms, by law, by legitimate safety or fraud concerns, by payment failure, or by the applicable cancellation rules.

Guests must review the full price shown at checkout before submitting payment. Depending on the property and stay, the price may include nightly charges, a cleaning fee, a Pacific Luxe Stays service or platform fee, applicable government lodging taxes and assessments, a refundable security deposit, and other clearly disclosed property charges.

Applicable platform fees and commissions are disclosed before purchase and in the applicable host or guest materials. A later change to our fee schedule does not retroactively change the economics of a booking that is already confirmed.

Payments are processed through Stripe, including Stripe Connect for host accounts. By completing checkout you authorize the charge of the total amount displayed to you for that booking.

Host proceeds are not transferred to the host at the moment a guest pays. Proceeds may be held and released later according to our platform payout rules, and we do not guarantee a specific payout date irrespective of fraud review, disputes, refunds, chargebacks, compliance requirements, cancellations, payment failures or incomplete payout onboarding.

We may correct payment errors, delay a payout where reasonably necessary, withhold amounts that are subject to a dispute or refund, reverse or recover amounts where authorized by this agreement and the payment system, and reconcile duplicate, failed or ambiguous payment events. We do not take funds unrelated to the bookings and obligations covered by this agreement.

Applicable government lodging taxes and assessments may be charged to guests. Tax treatment depends on the property's location, the length of the stay, available exemptions and applicable law.

Where Pacific Luxe Stays is legally authorized or required to collect and remit a lodging tax for a jurisdiction, we may do so and will show the tax at checkout. Where we are not, the responsible host or operator remains responsible for collecting, reporting and remitting that tax. We do not represent that we handle every tax in every jurisdiction.

Hosts remain responsible for their own income taxes, for tax reporting obligations assigned to them, and for providing tax information we are required to collect.

The Cancellation & Refund Policy applicable to a reservation is shown to the guest before final booking acceptance, and the version accepted is recorded with the booking.

In general, when a cancellation occurs determines refund eligibility; cleaning and security-deposit amounts may be treated differently from lodging charges; partial refunds may apply; taxes are adjusted according to applicable law and the Platform's tax rules; and refunds may take time to appear depending on your bank or card issuer. Processing delays outside our reasonable control may occur.

If something is wrong with a charge, please contact us first at support@pacificluxestays.com so we can review it. Nothing in these Terms prevents you from exercising your rights with your card issuer or under applicable law.

When responding to a payment dispute, we may provide booking records and related evidence to our payment processor and the card networks.

Hosts acknowledge that refunds, reversals, fraud findings, disputes and chargebacks may reduce or reverse host proceeds, whether unpaid or already released, to the extent permitted by the Host Agreement and applicable law.

A refundable security deposit, where one applies, is collected as part of the booking total and is refundable in accordance with the Damage & Security Deposit Policy. It is distinct from booking fees, the platform service fee, cleaning fees and taxes, which are not security deposits.

Guests are responsible for damage they or their authorized occupants cause, to the extent permitted by law. Damage claims follow the claims process in the Damage & Security Deposit Policy, including reasonable supporting documentation from the host for material claims. Arbitrary or undocumented deductions are not permitted.

Guests agree to follow the property's house rules; respect occupancy limits; comply with applicable law; not engage in illegal activity; not hold unauthorized parties or events where prohibited; avoid nuisance and excessive noise; take reasonable care of the property; accurately disclose the number of guests; supervise minors and dependents in their party; leave the property reasonably clean; and promptly report material damage or problems.

Guests are responsible for the conduct of the occupants they invite, to the extent permitted by law.

Hosts agree that they own the property or hold authority from the owner to list and manage it; maintain all required permits and licenses; comply with local short-term-rental laws; meet the tax responsibilities assigned to them; provide a safe and legally habitable accommodation; disclose known material hazards; maintain legally required smoke, carbon-monoxide and other safety equipment; keep the listing materially accurate; honor confirmed reservations except where a legitimate cancellation right applies; provide accurate payout information; maintain any legally required insurance and licenses; and comply with anti-discrimination and accommodation laws.

Pacific Luxe Stays does not guarantee host compliance with these obligations.

Before a property is submitted for review, the host must expressly represent: "I confirm that I am the property owner or am authorized by the property owner to list and manage this property on Pacific Luxe Stays, and that the information I provided is accurate."

We record the authenticated account that made this representation, the time it was made and the version of the attestation and Host Agreement it was linked to.

Hosts represent that all short-term-rental permits, licenses and registrations required for the property are valid and current. We may request the permit number, issuing jurisdiction, expiration date and supporting documentation, and may block publication or bookings where authorization cannot be verified.

Where Pacific Luxe Stays marks a permit "verified," that means only that we completed our own platform verification step. It is not a guarantee that a jurisdiction will not later question, suspend or revoke a permit.

Host payout amounts are based on the economics of the applicable booking. Disclosed platform fees and commission are deducted. Taxes and refundable security deposits are not host earnings unless a specific lawful arrangement expressly provides otherwise.

Payouts may be delayed or withheld for disputes, refunds, fraud review, compliance review, incomplete Stripe onboarding, cancellations, payment failure or other legitimate reasons. Where contractually and lawfully permitted, we may recover amounts paid in error or reversed through the payment system.

Hosts are responsible for determining what insurance they need, which may include homeowner or landlord insurance, short-term-rental coverage, liability coverage or other legally required coverage. Pacific Luxe Stays does not provide insurance to hosts or guests and is not an insurer.

We may use email verification, phone verification by SMS, Stripe identity and payout verification, property and address verification, permit verification and manual review of submitted evidence.

Verification reduces risk. It is not a guarantee of a person's identity, of a property's condition or legality, or of anyone's future conduct.

Travel and staying in an independently operated property involve ordinary risks, and guests acknowledge those ordinary risks. Nothing in these Terms waives or limits liability for fraud, willful misconduct, gross negligence, violations of law, or any other liability that cannot lawfully be waived or limited.

You may not use the Platform for fraud or identity theft; unauthorized access to accounts or systems; payment abuse; illegal activity; harassment; discrimination prohibited by law; trafficking or exploitation; dangerous activity; destruction of property; circumventing security controls; malware, scraping or automated access beyond what we permit; fake listings; fake or manipulated reviews; manipulation of pricing or booking systems; or use of another person's payment credentials without authorization.

Guests and hosts may submit honest reviews of their actual experience. We do not prohibit negative reviews, and we do not impose any penalty, fee or other consequence on you for posting an honest review. You keep ownership of your review.

You grant Pacific Luxe Stays a non-exclusive, royalty-free license to display, reproduce, format, distribute and moderate your review in connection with operating and promoting the marketplace.

We may remove content that is unlawful, threatening, harassing, discriminatory, obscene, defamatory, fraudulent, unrelated to the stay, clearly false or misleading, spam, or that contains another person's confidential or private information. Honest criticism is not removed on that basis.

Hosts and guests retain ownership of the content they own and upload. You grant Pacific Luxe Stays a worldwide, non-exclusive, sublicensable, royalty-free license to host, store, display, reproduce, format, distribute and market that content as reasonably necessary to display the listing, operate the marketplace and promote the listing and the Platform.

You represent that you hold the rights necessary to upload the content, including photographs of the property. We do not require you to transfer ownership of your content.

The Pacific Luxe Stays name, logo, branding, website design, software, and proprietary text and materials are protected by intellectual-property laws. You may not copy, scrape, repackage or redistribute them beyond the use we expressly permit. We do not claim ownership of third-party trademarks or content.

The Platform relies on third-party providers, including Stripe for payments and payout accounts, Twilio for SMS verification, mapping and geocoding providers, email delivery providers, cloud hosting, and analytics and security services. Those providers' own terms and privacy policies may apply to you, and their outages may affect the Platform. We remain responsible for our own obligations to the extent required by applicable law.

You consent to receive account, transactional and legally required notices electronically, including by email and, where you have provided a number for verification, by SMS, to the extent permitted by law. Transactional verification messages are described in our Electronic Communications & SMS Disclosure, including STOP and HELP handling.

Marketing consent is separate, optional, and never a condition of booking or of any purchase.

We may suspend, restrict or terminate an account or remove a listing for reasonable cause, including suspected fraud, safety concerns, amounts owed, violations of these Terms, invalid or unverifiable permits, chargeback abuse, materially inaccurate information, or legal and regulatory requirements. Where appropriate and permitted, we will tell you and give you an opportunity to respond.

You may stop using the Platform or request account closure at any time. Obligations relating to completed bookings, payments, refunds, disputes and legally required records survive termination.

Neither party is responsible for a failure or delay caused by events outside its reasonable control, including natural disasters, wildfire, earthquake, flood, government orders, utility or infrastructure failures, severe weather, network or platform outages, and public-health or safety emergencies. This section does not override refund rights that apply under mandatory law or under the applicable cancellation policy.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the Platform and our services are provided "as is" and "as available" without warranties beyond the commitments we expressly make in these Terms, and we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not guarantee any particular listing, host or guest; we do not guarantee uninterrupted or error-free availability of the website; and we are not responsible for the independent acts or omissions of users merely because they use the marketplace. Nothing in this section limits rights or remedies that cannot be disclaimed under applicable law, including under California consumer-protection law.

LEGAL REVIEW REQUIRED BEFORE FINAL LAUNCH.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Pacific Luxe Stays will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or relating to the Platform or a stay booked through it.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, our total aggregate liability for claims relating to a particular booking will not exceed the greater of (a) the total amount you paid to Pacific Luxe Stays in connection with that booking, or (b) the fees Pacific Luxe Stays retained in connection with that booking.

These limitations do not apply to liability that cannot be limited under applicable law, including liability for fraud, willful misconduct, gross negligence, personal injury caused by our own negligence where such limitation is prohibited, or violations of applicable consumer-protection law. Those rights are expressly preserved.

LEGAL REVIEW REQUIRED BEFORE FINAL LAUNCH.

Hosts agree to indemnify and hold harmless Pacific Luxe Stays and its personnel from third-party claims, losses, damages, liabilities and reasonable costs arising out of the host's property; listing a property without authority; permit, license or short-term-rental violations; the host's violations of law; materially false or misleading listing information; or the host's negligence or misconduct.

Guests agree to indemnify and hold harmless Pacific Luxe Stays and its personnel from third-party claims, losses, damages, liabilities and reasonable costs arising out of the guest's violations of law; the guest's misconduct; damage to a property caused by the guest or the guest's occupants; or unauthorized occupants or unauthorized use of a property.

Neither indemnity covers Pacific Luxe Stays' own fraud, willful misconduct or gross negligence, or any other liability that cannot lawfully be shifted.

If a dispute arises, please contact us first at support@pacificluxestays.com with a description of the issue and the resolution you are seeking. The parties agree to attempt informal resolution in good faith for at least thirty (30) days after that notice before starting formal proceedings. Nothing in this section prevents either party from bringing a qualifying claim in small-claims court, or from seeking urgent injunctive relief.

The following arbitration subsection is DRAFT ONLY and is NOT part of this agreement: ATTORNEY REVIEW REQUIRED — DISABLED UNTIL APPROVED. Draft text under consideration would provide for binding individual arbitration, a class-action waiver, a small-claims carve-out, a consumer opt-out procedure and pre-arbitration notice requirements. Because it is disabled, no mandatory arbitration or class-action waiver applies to you, and disputes are governed by the governing-law and venue section below.

These Terms and any dispute arising out of them or your use of the Platform are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and subject to mandatory consumer-protection laws that may apply where you live.

Unless applicable law requires otherwise, the state and federal courts located in Orange County, California have jurisdiction over disputes, and the parties consent to that venue. The venue named here is configurable and will be updated in a future published version if our operating location changes.

We may publish updated Terms as the Platform and the law evolve. Each version shows its own version number, effective date and publication date, and earlier versions remain available in the public archive.

A material change may require you to accept the updated Terms before you can take a legally significant action, such as submitting a property or making a booking. Accepting an updated version creates a new, separate acceptance record. Changes do not retroactively rewrite a booking that was already completed: that booking remains linked to the version you accepted for it.

If a provision is unenforceable, the rest remains in effect and the unenforceable provision is limited to the minimum extent necessary. Our failure to enforce a provision is not a waiver of it. You may not assign this agreement without our consent; we may assign it in connection with a merger, acquisition or reorganization. Headings are for convenience only. These Terms, together with the policies they reference and the agreements you accept for a specific booking or listing, are the entire agreement between us on this subject. Provisions relating to payments, taxes, indemnification, liability, records and dispute resolution survive termination. Notices to you may be given electronically to the address on your account; notices to us go to support@pacificluxestays.com.

Contact: Pacific Luxe Stays, support@pacificluxestays.com. Our legal entity and postal contact details are configurable and will be shown in the then-current published version once registered.