Trustylux LLC ("TrustyLux", "We", "Our") owns and operates the website [http://www.trustylux.com] ("Website") including all digital content and functionality contained therein. The Website is a unique platform providing detailed and exclusive information and reviews on selected luxury hotels and accommodations all around the world. On the Website, users are also able to generate reviews and book accommodations. Access to and use of the Website and services provided therein by accommodation users (“You”) is subject to the following terms and conditions (the "Terms & Conditions").
1. Acceptance of terms
1.1 By accessing, downloading, browsing or using the Website, whether or not You become a registered user, You acknowledge and agree that You have read, understood and agreed to these Terms & Conditions. If You do not agree to these Terms & Conditions, please do not use and access the Website.
1.2 Access to specific contents of services available on the Website may require You to accept additional terms and conditions. This will be made clear upon access to such specific contents or services and such additional terms and conditions shall be made available to You. In case of inconsistency between these Terms & Conditions and any such additional terms and conditions, the additional terms and conditions shall prevail in connection with the use of any such specific contents or services.
1.3 We reserve the right to change these Terms & Conditions at any time and it is Your responsibility to review them on a regular basis to keep Yourself informed of any changes. Continued use of the Website following any changes shall be taken as Your acceptance of these changes.
2.1 Access to certain contents and/or functionalities will require registration (“Restricted Area”).
2.2 You acknowledge that the Website is not intended for people under 18 (eighteen) years of age and that no under age 18 (eighteen) shall be entitled to register for an account on the Website.
2.3 By registering, You agree that: (i) You are eligible for an account pursuant to Section 2.2 above; and (ii) the information You provide about Yourself as part of the registration process (Your “Personal Data”) is true, accurate, current and complete, and You agree to maintain the accuracy of this Personal Data for as long as You shall have an account on the Website.
2.4 If You provide, or We have reasonable grounds to suspect that You have provided, any information that is inaccurate, out of date or incomplete, We reserve the right to suspend or terminate Your account and refuse You access to the Website. Such suspension will be subject to prior notice and You will be provided the opportunity to provide appropriate explanations and/or corrections (if practicable).
2.5 In the event You sign in through a third-party authentication service provider, You will remain responsible for: (i) complying with Section 2.3 above; and (ii) the terms pertaining to Your relationship with such third-party authentication service provider (including any relevant consents You provide them with respect to Your Personal Data). You acknowledge that the termination of Your relationship with or the modification of the nature of the consents You provide to such third-party authentication service provider could impact the operation of Your account and that You will be responsible to review and update where necessary Your Personal Data so that there is no interruption to Your enjoyment of the Website.
3. Confidentiality, Password and Security
3.1 As part of Your registration for an account on the Website, You will be responsible: (i) for setting and keeping the confidentiality of the password linked to Your account; and (ii) all activities that occur under Your registered account.
3.2 You agree to: (i) notify TrustyLux of any unauthorised use of Your account (including any breach of security); and (ii) ensure that You take such reasonable steps to sign out of Your account when using a computer or device that does not belong to You or is visible to members of the public.
3.3 TrustyLux will not be liable for any loss or damage arising from Your failure to comply with this Section 3.
4. Content of the Website
4.1 All materials and content made available on the Website, including any information, data or photographs of the accommodations displayed on the Website, are owned by or licensed to TrustyLux. Such Content are made available for private use only, and may not be used, copied, distributed, transmitted, broadcast, presented, sold, licensed or otherwise provided for any other purposes than Your personal access and viewing of the Content on the Website. TrustyLux grants to You a limited, revocable and non-exclusive license to access and use the Website and its Content privately for non-commercial purposes, in accordance with these Terms & Conditions.
4.2 Your transactions with, or participation in promotions of, any advertisers or businesses found on or through the Website, including payment for and delivery of related goods or services, are solely between You and such advertiser or business. TrustyLux shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers or businesses on the Website.
4.3 We may modify or discontinue, temporarily or permanently, at any time, the Website, including any Content thereon, with or without notice to You and other users. We shall not be held liable to You or to any third party for any such modification, suspension or termination of use.
5. User provided content
5.1 You may be invited or allowed to submit materials and contents on the Website (e.g. reviews, comments, or photos of the client of the accommodations displayed on the Website).
5.2 You represent and warrant that none of the materials You may submit to or through the Website (including but not limited to hotel reviews posted on the Website) will be potentially defamatory, offensive, harmful, pornographic, obscene, vulgar, discriminatory, indecent or intimidatory, nor will it potentially violate any third parties rights (including privacy, confidentiality or intellectual property rights).
5.3 By uploading photos and images onto the Website, You warrant and agree that You own the copyright to such photos and images and that You agree that TrustyLux may use the same on the Website for promotional and publication purposes at its sole discretion. You grant a worldwide, irrevocable and non-exclusive right to use, reproduce, display, sublicense and make available the photos and images as TrustyLux may deem fit.
5.4 You shall be exclusively responsible for any content You publish on or through the Website and for any consequence resulting from its publication thereon and You shall indemnify and hold Us harmless against any claim, damage or cost that may derive therefrom.
5.5 TrustyLux reserves the right not to publish, to remove and to modify at any time and for whatever reason any message or content You may publish on the Website. Should We consider any content you publish to be inappropriate or contrary to these Terms and Conditions or applicable laws, We shall be entitled to terminate your access to, or account on, the Website under Clause 12 below.
6. Booking through the Website
6.1 User may be able to book certain accommodations displayed on the Website through one of the following paths:
- Booking through Booking.com:
Certain hotels or accommodation displayed on the Website may be booked through the Booking.com integrated functionality on the Website. By pushing the “Book here” button on the Website, You will be re-directed to the Booking.com platform (“Booking.com Platform”) and conclude the booking transaction directly with the operator of the Booking.com Platform, at terms and conditions provided thereon. You acknowledge that we shall bear no responsibility in connection with Your use of, and booking through, the Booking.com platform and that You shall have no claim toward TrustyLux in connection with any disfunction, under performance or failure of the Booking.com booking platform or services.
- Booking through the “Inquire to Book” or “Ask Charlotte” functionalities:
The Website provides for the possibility to seek information regarding a specific accommodation through the “Inquire to Book” functionality and/or ask for general support for reservation through the “Ask Charlotte” functionality.
You acknowledge that booking services provided under this Section 6.1(ii) may be subject to Your acknowledging understanding and acceptance of specific booking terms and conditions to which You will in any event be given access before the booking.
6.2 You expressly acknowledge and agree that in no event shall TrustyLux be considered a reseller of a stay, nor shall it be responsible for the quality, suitability, fitness thereof. Any claim or complaint pertaining thereto shall be addressed directly to the competent professional accommodation provider.
7. Links to the Website
7.1 The Website may contain links or feeds from or to third party websites and You acknowledge that We shall not be responsible or liable for any content thereof.
7.2 You shall obtain Our prior written consent before establishing a link to the Website. In any event, You expressly agree: (i) not to include the Website into the frame of another website; (ii) not to create any third party association with TrustyLux or the Website; or cause the link to suggest that TrustyLux approves of, sponsors or endorses any other website activity or company, and (iii) not to cause the link to cause any damage to the image or reputation of TrustyLux.
7.3 We reserve the right to require You at any time to remove any link to the Website.
8. Trademarks and copyright
8.1 The Website and its Content thereof are exclusively owned or controlled by Us and they are protected under applicable trademark and copyright laws and regulations. Without limitation of the above, You acknowledge that the Trustylux name and logo are registered trademarks (“Trademarks”), and that all rights therein and thereto are reserved to Us.
8.2 Nothing in the Website is aimed at granting You any licence or right to use the Website or any materials or contents included therein, including the Trademarks, any photographs, videos, drawings, graphics or text made available on the Website, except only as expressly provided under these Terms & Conditions. You shall be liable toward Us and any right holder should You make any use of the Website and of its Content not expressly contemplated hereunder.
8.3 Should You have any question regarding contents made available on the Website, or You You believe that any of Your intellectual property rights have been infringed by Your use of the Website, please contact Us at the following address: [email protected]
10. Disclaimer and Limitation of Liability
10.1 As far as consented under applicable laws, You use the Website and the services made available through the same at Your own risk and You are exclusively responsible for complying with applicable local laws and regulations in the territory in which You access and use the Website.
10.2 TrustyLux makes no representation that Content on the Website is appropriate or available for use in any specific territory, nor does it make any warranty or representation that: (i) the Website and its Content will meet with Your satisfaction; (ii) the Website or Content will be delivered without interruption, delivered on time, will be secure, or will be error-free; or that (iii) any errors in the Content will be corrected.
10.3 Without limitation of the above, You acknowledge that any information provided by Us regarding accommodations displayed on the Website are based on information provided to Us by accommodation providers and that, although Trustylux will use reasonable efforts in operating the Website, we cannot guarantee that such information will be accurate, updated, complete and correct.
10.4 To the extent permitted under applicable law, TrustyLux expressly disclaims all warranties of any kind, whether implied or express, including, without limitation, implied warranties, or fitness for a particular purpose and non-infringement, in relation with the Website, Content thereof and services provided thereon.
10.5 You expressly acknowledge and agree that TrustyLux shall not be liable, under any circumstances to You for any loss or damage of whatever nature suffered by You in connection with Your use of and access of the Website, provided that this exclusion of liability shall not extend to liability for death or personal injury resulting from Our negligence, or any other liability which cannot be excluded under applicable law.
You agree to indemnify and hold TrustyLux and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including without limitation reasonable legal fees, that may arise in connection with Your failure to comply with any provision of the Terms & Conditions.
Should You not comply with these Terms & Conditions in any way whatsoever or in any other case provided elsewhere under these Terms & Conditions subject to prior and motivated notice, TrustyLux shall be entitled to (i) terminate Your access (whether restricted or not) to the Website in whole or in part; and (ii) disactivate or delete Your account on the Website.
13. General Provisions
13.1 These Terms & Conditions (including the additional terms applicable to certain services from time to time) constitute the entire agreement between You and TrustyLux relation to the use of the Website and it supersedes any prior agreements, arrangements, undertakings of any nature, between You and Us.
13.2 Any failure by TrustyLux to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision.
13.3 If any provision of the Terms & Conditions is found to be null, invalid or not applicable under any applicable laws or regulations, You acknowledge and agree that the other provisions of the Terms & Conditions shall remain in full force and effect.
13.4 In case of amendment of the T&C, an updated version will be made available on the Website and, should You be registered with the Website, the amended version will be notified to You. Should You disagree with the new applicable terms and conditions, within 15 (fifteen) days from receipt of the amended T&C, You shall cease to use the Website and unsubscribe if You have an account on the Website. TrustyLux will not be liable for any damage or liability that may derive from Your continued use of the Website after the elapsing of this 15 (fifteen) days period.
13.5 These Terms & Conditions are drafted in English and may be translated in other languages. In the event of any discrepancy between the English and any translated text, the most recent English edition (indicated by the date at the bottom of this page) shall prevail and be used as the basis to solve any doubts of interpretation.
14. Applicable Law and Jurisdiction
14.1 The Terms & Conditions and the relationship between You and TrustyLux shall be governed by the substantive laws of the State Florida (USA). Notwithstanding the above, any individual using the Website and underlying services for any non-professional purpose (“Consumer”) can rely on the mandatory provisions of the law of his/her country of residence.
14.2 All disputes in connection with these Terms & Conditions shall be exclusively submitted to the jurisdiction of the courts of the State of Florida (USA). Notwithstanding the above, a Consumer shall be entitled to file an action for the enforcement of mandatory laws of his/her country of residence with the courts of his/her country of residence, and proceedings against the Consumer may be filed solely and exclusively with the courts of his/her country of residence.