Stay Luxe Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Stay Luxe website, platform, and services (the “Platform”).

By accessing or using the Platform, you agree to be bound by these Terms.

These Terms, together with the Stay Luxe Host Agreement, the Stay Luxe Guest/Host Agreement, the Cancellation Policy applicable to a given booking (selected by the Host from Stay Luxe’s available cancellation policy options), and the Stay Luxe Privacy Policy (together, the “Platform Terms”), govern your use of the Platform. Where these documents conflict, the more specific document takes priority for the relevant subject matter.

1. Who We Are

The Platform is operated by:

Stay Luxe Limited
NZ Company Number: 9429051019341
Registered Office: Auckland, New Zealand

In these Terms, “Stay Luxe”, “we”, “us” or “our” refers to the applicable entity.

2. Our Role

Stay Luxe operates a curated accommodation marketplace connecting Hosts and Guests.

We:

• provide listing, marketing and booking services;
• facilitate payments between Guests and Hosts; and
• support communication and dispute resolution.

We do not own, manage or control any properties listed on the Platform.

Bookings are agreements between Guests and Hosts and are governed by the Guest/Host Agreement.

3. Acceptance of Terms

By using the Platform, you confirm that:

• you are at least 18 years of age;
• you have legal capacity to enter into these Terms;
• you will comply with the Platform Terms; and
• any information you provide is accurate and complete.

If you use the Platform on behalf of a business, you confirm you have authority to bind that entity.

The Platform is not intended for use by anyone under the age of 18. If we reasonably believe an account holder does not meet this requirement, we may request proof of age and may suspend or terminate the account and cancel any associated bookings without liability to us.

4. Accounts and Security

You may need to create an account to use certain features.

You are responsible for:

• maintaining the confidentiality of your login details;
• all activity under your account; and
• notifying us of any unauthorised use.

We may suspend or terminate accounts that are inaccurate, misleading or used improperly, including where the account holder does not meet the minimum age requirement in Section 3.

5. Use of the Platform

You agree not to:

• use the Platform for unlawful purposes;
• interfere with its operation or security;
• provide false or misleading information;
• bypass or attempt to bypass the Platform to complete bookings outside Stay Luxe;
• attempt to gain unauthorised access to the Platform, our servers, or any systems or networks connected to the Platform;
• introduce any virus, malware, trojan, worm, logic bomb or other material that is malicious or technologically harmful;
• use any robot, spider, scraper or other automated means to access, monitor or copy content or data from the Platform without our prior written consent;
• attack the Platform via a denial-of-service or distributed denial-of-service attack; or
• collect or harvest the personal information of other users, including email addresses, for any unauthorised purpose.

We may restrict or remove access where these obligations are breached, and may report conduct under this section to the relevant authorities.

Platform Messaging: To protect the integrity of every Stay Luxe booking, messaging between Host and Guest opens once the booking’s free cancellation window has passed. From that point, Host and Guest can message directly through the Platform and will have access to each other’s contact details, including email and phone number, to help coordinate the stay. Where a booking has no free cancellation window, messaging and contact details are made available as soon as the booking is confirmed.

6. Non-Discrimination

Stay Luxe is committed to ensuring the Platform is a place of equal opportunity and mutual respect.

Hosts and Guests must not discriminate against, harass, or refuse to transact with any other user on the basis of race, colour, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or any other characteristic protected under applicable law, including the Human Rights Act 1993 (New Zealand) and applicable Commonwealth, State and Territory anti-discrimination legislation in Australia.

Listings, reviews, messages and other content posted on the Platform must not be discriminatory, offensive or defamatory.

We may investigate any report of discriminatory conduct and may, at our discretion, suspend or terminate the account of, or remove the listing of, any user found to have breached this section. Where a Host cancels or refuses a booking in breach of this section, the booking will be treated as cancelled by the Host, and the Host will be responsible for any resulting costs or refunds owed to the Guest.

7. Bookings

A booking is formed when:

• a Guest submits a booking request; and
• the Host confirms the booking.

Once confirmed, the booking becomes legally binding under the Guest/Host Agreement.

Stay Luxe may assist with communication, support and dispute resolution, but is not a party to the accommodation contract.

8. Fees and Payments

Stay Luxe charges service fees as set out in the Host Agreement and displayed at booking.

Guests will see the total price before confirming a booking, including:

• accommodation charges;
• service fees;
• applicable taxes; and
• payment processing fees.

We act as a limited payment collection agent and may collect, hold and distribute payments on behalf of Hosts.

We may:

• deduct fees before payout;
• withhold funds during disputes; and
• offset amounts owed to us.

9. Cancellations and Refunds

Cancellations and refunds are governed by the cancellation policy selected for each booking.

Guests and Hosts should review the applicable policy before confirming a booking.

Refunds, where applicable, will be processed in accordance with the Platform Terms.

10. User Content

You may upload content such as photos, descriptions, reviews or messages (“User Content”).

You retain ownership of your content but grant Stay Luxe a worldwide, royalty-free licence to use, display and promote it in connection with the Platform.

You confirm that your content:

• is accurate;
• does not infringe third-party rights; and
• complies with applicable laws.

We may remove content that breaches these Terms.

11. Privacy

We collect and use personal information in accordance with our Privacy Policy.

By using the Platform, you consent to that collection and use.

12. Taxes and Marketplace Obligations

12.1 General

You are responsible for your own tax obligations, including income tax and reporting requirements.

However, Stay Luxe may be required by law to collect and remit Goods and Services Tax (GST) or similar indirect taxes as a marketplace operator.

12.2 New Zealand (Marketplace Rules)

For accommodation supplied in New Zealand, Stay Luxe may be treated as the supplier for GST purposes under the Goods and Services Tax Act 1985.

Unless you have validly opted out or are otherwise excluded:

• Stay Luxe will collect and remit GST on bookings; and
• the flat-rate credit scheme may apply where the Host is not GST-registered.

Under this scheme:

• 15% GST is collected from the Guest;
• 8.5% is passed to the Host; and
• 6.5% is paid to Inland Revenue.

You must provide accurate GST information and notify us of any changes to your tax status.

12.3 Australia (Marketplace / EDP Rules)

For accommodation supplied in Australia, Stay Luxe may be required to collect and remit GST as an electronic distribution platform.

Where applicable:

• Stay Luxe will calculate, collect and remit GST on bookings; and
• Host payouts may be adjusted to reflect GST obligations.

12.4 Tax Adjustments

You agree that Stay Luxe may:

• adjust pricing, fees and payouts to comply with tax laws;
• collect and remit taxes on your behalf; and
• request information necessary to determine your tax status.

Stay Luxe does not provide tax advice.

13. Disclaimers

The Platform is provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, Stay Luxe does not guarantee:

• the availability of the Platform;
• the accuracy of listings;
• the condition or suitability of properties; or
• the behaviour of Hosts or Guests.

14. Liability

To the maximum extent permitted by law, Stay Luxe is not liable for:

• indirect or consequential losses;
• loss of profit, revenue, goodwill or reputation;
• acts or omissions of Hosts or Guests; or
• errors or interruptions in the Platform.

Our total liability arising out of your use of the Platform is limited to the service fees collected from you in the six months prior to the claim.

Australian Consumer Law

Nothing in these Terms excludes or limits any rights that cannot be excluded under the Australian Consumer Law.

Where liability may be limited, it is limited to the resupply of services or the cost of resupply.

15. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms (excluding payment obligations) where such failure or delay arises from circumstances beyond that party’s reasonable control, including natural disasters, fire, flood, pandemic, war, act of terrorism, government action, labour disputes, or failure of public or private telecommunications or power networks (a “Force Majeure Event”).

Where a Force Majeure Event affects the Platform’s availability, we will use reasonable efforts to restore normal operation as soon as practicable, but will not be liable for any loss arising from the resulting unavailability or interruption.

This section does not affect any rights or obligations under the Host’s Applicable Cancellation Policy or the Guest/Host Agreement in relation to a specific booking.

16. Indemnity

You agree to indemnify and hold Stay Luxe harmless from any claims, losses or damages arising from:

• your use of the Platform;
• your breach of these Terms; or
• your violation of any law or third-party rights.

17. Suspension and Termination

We may suspend or terminate your access to the Platform at any time if you:

• breach these Terms;
• misuse the Platform; or
• act in a way that may harm Guests, Hosts or the Stay Luxe brand.

Termination does not affect existing bookings or accrued rights.

18. Dispute Resolution

Before commencing legal proceedings, the parties must:

1. notify the other party of the dispute;
2. attempt to resolve the dispute in good faith for at least 20 days; and
3. participate in mediation with an independent mediator.

19. Governing Law

The Platform Terms form the entire agreement between you and Stay Luxe.

20. General

These Terms, together with the Platform Terms, form the entire agreement between you and Stay Luxe.

If any provision is invalid or unenforceable, the remaining provisions continue to apply.

Our failure to enforce any provision does not waive our rights.