Terms & Conditions
Last revised July 30, 2023.
Welcome to the Terms and Conditions of The Luxury List LLC (“The Luxury List”, or “TLL”, or “We”, or “Us”, or “Our”), with internet website located at https://www.theluxurylist.nyc (the “Website” or “Site”).
The Luxury List is a travel design service company. We design gastronomic and luxury travel itineraries in New York City/NY/USA, recommending and booking experiences for our clients. The Luxury List does not sell Travel Services such as (but not limited to) hotels, transportation, air tickets, tours.
BY VISITING THE SITE AND/OR USING THE LUXURY LIST SERVICES AVAILABLE ON THE SITE, YOU ARE AGREEING TO ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, INCLUDING THOSE AVAILABLE BY HYPERLINK (COLLECTIVELY, THE “TERMS OF USE” OR “AGREEMENT”). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY CEASE ALL USAGE OF THIS SITE.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THE LUXURY LIST SERVICES OFFERED ON THIS SITE AND REVISE THE TERMS OF USE AND ALL LINKED INFORMATION FROM TIME TO TIME IN OUR SOLE DISCRETION. THE LUXURY LIST WILL POST UPDATED TERMS OF USE ON THE SITE AND PROVIDE NOTICE OF THIS BY SENDING E-MAIL NOTIFICATIONS TO REGISTERED MEMBERS OF THE SITE. WE WILL INDICATE AT THE TOP OF THIS PAGE THE DATE THESE TERMS WERE LAST REVISED. WE SUGGEST THAT YOU CONSULT THE TERMS OF USE AND THE LINKED INFORMATION REGULARLY FOR UPDATES. REVISIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON BEING POSTED AT THE SITE UNLESS OTHERWISE PROVIDED IN SUCH REVISION.
YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES.
- Acceptance of Terms and Conditions. These Terms and Conditions (or “Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and The Luxury List LLC (“The Luxury List”, or “TLL”, or “We”, or “Us”, or “Our”), concerning your access to and use of the https://www.theluxurylist.nyc website, services, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in New York, NY, United States. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms & Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
By paying The Luxury List LLC the service fee and/or deposit, you are affirmatively representing that you have read and accept the Terms & Conditions on behalf of yourself and anyone in your traveling party. Our Services as defined herein are limited to, and provided under, the terms stated herein. Terms contained in any other document, correspondence, or other forms that are additional to, or inconsistent with, the provisions in these Terms and Conditions are rejected. No such changes or deviations will be effective unless they are explicitly accepted in writing by an authorized agent of The Luxury List LLC.
- Our Services. The Luxury List LLC services consist of recommending and booking third party services for our clients. The Luxury List LLC does not sell Travel Services such as (but not limited to) hotels, transportation, air tickets, tours. The Luxury List LLC’s obligations to you are to make travel recommendations, reservations and arrangements on your behalf, between you and the service providers. The services and experiences we recommend to our clients are sole based on our expertise and by our ability to meticulously select and recommend services. The Luxury List LLC does not have any contracts or bounds with any company or services recommended. The Luxury List does not own, operate, manage, or control these independent suppliers of services and is not liable for their acts or omissions. The Luxury List LLC is not liable for any and all services provided from the third parties, as herein disclosed on section 12 (Disclaimers of Liability). We have no responsibility for these services, nor do we have the authority to make any warranty or representation regarding any travel service provider’s standards, performance, or capabilities. A request cannot be guaranteed. All bookings and reservations are subject to the terms and conditions and limitations of liability imposed by these travel service providers. You understand that you have no legal recourse against The Luxury List LLC for the conduct of any service provider, and your legal recourse, if any, is against the specific provider not The Luxury List LLC.
- Price of Our Service. The price of our service (service fee) depends on the package chosen (“The Gourmet Luxury List” package or “The Ultimate Luxury List” package) and on the numbers of days requesting our services (example: 3 days versus 10 days itinerary request). A quote can be obtained by filling out the form in our website or by sending us an email.
- The Luxury List LLC Service Fee Agreement. The Luxury List Service Fee ensures that The Luxury List LLC is paid for the time spent in consultation, research, designing and booking your custom itinerary. Our Service Fee is non-refundable, whether or not you complete all activities in the itinerary, or in the event that your trip gets cancelled, or you decide to cancel your trip. By paying this non-refundable planning service fee, you agree to our Terms and Conditions. The fee covers the following:
- Design process of your custom itinerary
- Booking of the activities that requires reservations and are related to your custom itinerary
- Discovery call where The Luxury List LLC understands the client’s preferences, shares our thoughts on the custom design and gets client’s approval on the itinerary.
- Itinerary documents and deliverables in digital format
What is NOT included in our Service Fees:
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- Any booking or reservation fees and costs charged by third parties, such as, but not limited to, restaurants and services that requires deposit or pre-payment for reservations.
- The cost, or any charges or fees, of any and all activities in your custom itinerary. The Luxury List LLC is responsible only for designing and making the booking arrangements of your itinerary but is not financially responsible for any charges or cost of any activities in your custom itinerary. You, the client, is solely responsible for all the cost associated with your trip and activities selected and agreed on our design services.
- Payment for Our Services. The service fee must be paid by the client before The Luxury List LLC services can start. The due date will be on the invoice or payment link sent by The Luxury List LLC to you, the client. There is no bound between The Luxury List LLC and you, the client, until the service fee has been paid by you. Only after the service fee has been paid, The Luxury List LLC will start the design service process.
- Payments for Third Party Services. Booking fees, reservation fees, booking deposits, activities and tickets costs, or any other costs and expenses and fees required by the recommended third parties must be paid in full by you, the client. The Luxury List LLC solely acts as the concierge for booking the activities related to your custom itinerary in your behalf. Payments of activities related to your custom itinerary will be done using the client’s (here, “you”) preferred method of payment. For The Luxury List LLC to be able to make booking arrangements on your behalf or proceed with the purchase of tickets related to activities in your itinerary, The Luxury List LLC will send to you, the client, a Credit Card Authorization Form that must be filled and signed by you and sent back to The Luxury List via secure methods. The Luxury List LLC will not make any booking arrangements or reservations that require pre-payment, or purchase any activity related to your custom itinerary using The Luxury List LLC funds, neither will make such arrangements or purchases without client’s consent and agreement, nor without a signed Credit Card Authorization Form agreement.
- Booking Procedures. Booking arrangements, reservations, or purchase of any related itinerary activities will only commence after The Luxury List LLC Service Fee has been fully paid by the client AND after the client has sent the signed Credit Card Authorization Form Agreement to The Luxury List LLC. In the event that the Luxury List LLC Service Fee has been paid in a successful transaction and the Credit Card Authorization Form has been signed by the client and sent back to The Luxury List LLC BUT in the booking process The Luxury List LLC have problems with successful transactions made with your, the client, credit card, The Luxury List LLC reserves the right to stop the design and booking process and will no longer have any obligations to continue with the design process and bookings, nor will refund the client The Luxury List LLC Service Fee. It will be of The Luxury List LLC’s discretion to contact the client and request a new form of payment.
- Itinerary Changes by Client. During the design process, The Luxury List LLC will be in contact with the client for communications regarding the itinerary plans. Throughout this process, changes to the itinerary shall be made to accommodate the client’s preferences. Few bookings and purchases will often incur changes fees charged by the provider. If a paid reservation or any paid bookings or purchases have already been done by The Luxury List LLC in your behalf, and you request changes to be made, it will be the client’s responsibility to cover 100% of the change fee costs. The Luxury List LLC will inform the client about any change fees before making any changes to the already booked itinerary and will get client’s approval for making such changes. Once the Luxury List LLC finishes the design and booking process, no changes shall be made to the itinerary. It will be the client’s responsibility to contact the third-party provider to make changes. The client has the choice to contact The Luxury List LLC and request a change to be made, but it will be at The Luxury List LLC’s discretion to accommodate such requests. The Luxury List LLC has no obligations to accommodate client’s request to make changes to a finished itinerary. In the event of The Luxury List LLC be able to accommodate such requests, changes will be subject to a change fee of $50 per change request.
- Itinerary Changes by TLL. The Luxury List LLC reserves the right to make any necessary changes to the custom itinerary as part of the design process. If paid reservations or purchased have already been made on the client’s behalf and a charge to the client’s credit card has already occurred, it will be The Luxury List LLC’s responsibility to cover the change fees incurred by The Luxury List LLC changes.
- Please be aware that most travel bookings, experiences reservations and tickets purchases are non-refundable. Pre-paid reservations may be cancelled prior to the date of service, but each service provider has its own cancellation rules. There are reservations free of charge that can be cancelled at any time. If a cancellation of any activity or reservation has been requested by the client during the design service period or before our design service has been completed, The Luxury List LLC will make cancellation requests on your behalf. Cancellations on experiences and activities without a penalty or cancellation fee will be cancelled. For cancellation requests of non-refundable booking or activities, The Luxury List LLC will inform the client and get the client’s approval to make such cancellations since no refund will be made and the cost of the activity will already be paid in full by the client. Cancellation requests of The Luxury List LLC design services must be done in written form and before the services have been completed. However, The Luxury List LLC service fee is non-refundable. In the event of such a cancellation request is made in advance by the client AND The Luxury List LLC services have not been initiated, it will be The Luxury List LLC’s discretion to grant the client with a full or partial refund. However, The Luxury List LLC has no obligation to grant any client a refund for our services.
- Medical Conditions and Disabilities. If you or any member of your party have any medical problem or disability which may affect your travels, please tell us before you agree to and pay for our services so that we can advise as to the suitability of our design services.
- Disclaimers of Liability. The Luxury List LLC is not the source or supplier of the recommended services and experiences requested and acts solely as a booking agent for companies providing the recommended services. Each of these suppliers and companies are an independent entity with its own management and is not subject to the control of The Luxury List LLC. The Luxury List LLC is not liable for any negligent or willful act or failure to act of any service provider or of any third party. In addition and without limitation, The Luxury List LLC is not responsible for any injury, loss, death, inconvenience, delay, or damage to person or property in connection with the provision of any goods or services whether resulting from, but not limited to, acts of God or force majeure, illness, disease, acts of war or civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of accommodations, mechanical or any failure of any transportation mechanism. If due to weather, flight schedules or other uncontrollable factors your trip has been delayed which results in you missing or not being able to attend any of the booked activities, The Luxury List LLC is not liable for such occurrences. You specifically agree that The Luxury List LLC is not liable for any consequential loss or damages you may incur incident to your trip or to the Services.
Health Concerns: It is your full responsibility to ensure you are aware of, and that you appropriately manage any health concerns you have or requirements for your travel destinations. You must also ensure that you carry all necessary vaccination documentation.
- Intellectual Property Rights. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
- User Representations. By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
- User Generated Contributions. The Site may invite you to chat, contribute to, or participate in blogs, message boards, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
- Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
- Contribution License. By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
- Third-Party Website and Content. The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
- Privacy Policy. We care about data privacy and security. Please review our Privacy Policy: Privacy Policy – The Luxury List. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
- Copyright Infringements. We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
- Term and Termination. These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
- Modifications and Interruptions. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
- Governing Law. These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
- If you have any questions or concerns about the Terms, you can contact The Luxury List LLC at:
The Luxury List LLC
+1 (212) 287-5869