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What Are the Terms & Conditions for Travel Advisors?
Terms & Conditions
The date on which you register for a BoutiqueHomes Advisor Account via theBoutique
Any of the rates (including Taxes and other charges) in respect of any Travel Service
available via the BoutiqueHomes Website from time to time;
A Booking which is canceled, refunded, charged back, successfully disputed by the
Customer, the result of fraudulent or other unlawful activity, related to any conduct of a BoutiqueHomes Member which breaches this Agreement, or for which for any reason we do not receive payment in full;
The intermediary entering into this agreement with Boutique Homes;
Being the person traveling to the supplier and in contact with the Travel Advisor;
We appoint you as our marketing partner under BoutiqueHomes Advisor subject to the terms and conditions set out in this Agreement. As our marketing partner you shall actively market the Travel Services to Customers in accordance with this Agreement and applicable law.
Subject to the terms and conditions of this Agreement, during the Term we shall provide you with:
access to discounted rates on BoutiqueHomes for BoutiqueHomes Advisors
promotional Materials that we make available from time to time; and
access to Events that we make available from time to time.
- 50% of our guest fees (equivalent to 5% commission) for any booking below $10k booked by the Travel Advisor.
- 100% of our guest fees (equivalent to 10% commission) for any bookings above $10k booked by the Travel Advisor.
4.3 Commissions shall:
(a) be paid:
Consumed basis, on Bookings which are made on the BoutiqueHomes Website and linked to your account;
The commission will be paid based on the set cancellation policy of the property during the
Paid for either:
- 7 days after booking payment is received (Strict)
- 50% paid out 7 days after payment for booking received by BoutiqueHomes; 50% balance paid out 45 days prior to arrival (Strict50)
- 24 days before guests' arrival date (Firm)
- 7 days before arrival date (Moderate)
- On arrival date (Relaxed)
- 7 days after arrival date (Flexible)
BoutiqueHomes Advisor Application
4.5 If we pay any Commissions by international bank transfers, we are only responsible for the fees relating to the sending of the transfer, and you are responsible for any other fees, including any fees relating to the receipt of the transfer.
The commission will be paid in the same currency the booking is based on. If the Travel Advisor's bank account is in a different currency, BoutiqueHomes is not responsible for the exchange rate used by the advisor's bank at the time of transfer reception.
You are responsible for checking both the accuracy of each Commission statement and that the correct Commission has been paid to you. If you (acting reasonably and in good faith) dispute any Commissions amounts you must notify us promptly (and no later than 90 days from the receipt of the Commissions) and provide reasonable supporting evidence. If you fail to raise a dispute in writing by this date, you will waive your right to dispute any Commissions amounts. Upon receipt of your notice, we shall investigate, and we and you shall negotiate in good faith to attempt to resolve the dispute promptly. If we are unable to resolve the dispute within 60 days of your notice of dispute, the dispute shall be resolved in accordance with clause 25 (Governing Law and Jurisdiction).
You must only use the Rates in accordance with the terms and conditions of and for the purpose of this Agreement.
(a) communicate fully and accurately to the Customer and ensure that the Customer understands:
(b) ensure that the Customer understands:
As a BoutiqueHomes Advisors, you agree you shall:
13. Customer Incentives, Promotional Materials and Events
We may, from time to time, make Promotional Materials available to you. Where we do so:
(a) we grant you a non-exclusive license to use the Promotional Materials in your premise and in accordance with our written instructions;
You and we shall each collect and process personal data to fulfill our respective rights and obligations under this Agreement, as well as your and our respective responsibilities under applicable laws. As such, each of the parties shall: (i) process personal data as independent and autonomous Data Controllers; (ii) comply with Applicable Data Protection Laws; and (iii) be responsible for any of its acts or omissions in breach of Applicable Data Protection Laws.
- (a) satisfy a legal basis in order to make available any BoutiqueHomes Personal Data to us to process for the Permitted Purposes;
appropriate means, that their personal data shall be shared with us for the Permitted Purposes;
- (d) Ensure that the customer signs the terms and conditions of BoutiqueHomes and of the house booked.
- (e) Ensure the signed terms & conditions of the house booked and BoutiqueHomes are sent back to [email protected]
(a) process BoutiqueHomes Personal Data in connection only with a Permitted Purpose;
(b) not divulge the whole or any part of the BoutiqueHomes Personal Data to any person, except in connection with a Permitted Purpose;
Customers and Third-Parties
You acknowledge that we:
(a) may send emails to Customers relating to Bookings;
(b) sign customers up to our newsletter
15. Data security
(a) maintain appropriate technical and organizational measures to protect the personal data they each process against a personal data breach; and
(b) in the event of a confirmed personal data breach within systems under that party’s possession or control, promptly notify the other party if the personal data breach (i) affects BoutiqueHomes Personal Data that is also processed by the other party under this Agreement;
(b) for each Booking you shall transmit all necessary payment and card information to enable us to process the payment through the Agent Card; and
(d) we reserve the right (and you hereby expressly give your permission for us) to directly refund Cards in the event you are subject to an Insolvency Even
17. Customer Cards
15.10 In the event a Customer Card is used to make Bookings:
(a) you represent and warrant that the use of such Customer Card is authorized by the Customer. Each Booking made using the Customer Card shall be deemed by us to have been authorized by the Customer;
(b) for each Booking you shall transmit all necessary payment and card information to enable us to process the payment through the Customer Card; and
(c) you shall not save or store any Customer Card details in the BoutiqueHomes Website.
18. Intellectual Property
Subject to the terms and conditions of this Agreement, we grant to you a non-exclusive, non- transferable, revocable, royalty-free license to use the BoutiqueHomes Website for the purposes of providing the marketing services contemplated under and to the extent permitted by this Agreement. You acknowledge that we own and retain all right, title and interest in and to the BoutiqueHomes Website.
19. Term and Termination
17.1 This Agreement shall commence on the Effective Date and shall continue indefinitely until terminated by either party in accordance with the terms of this Agreement (the Term).
Either party may terminate this Agreement:
- (a) at any time upon not less than 30 days’ written notice; or
- (b) immediately in the event we notify you of a change pursuant to clause 29.12 and you notify us that you object to the changes in accordance with clause 29.12.
We may terminate this Agreement immediately (or on the expiry of such other period as we may specify) upon written notice any time:
Each party shall keep the other’s Confidential Information confidential and shall not:
(a) use such Confidential Information except for the purposes of this Agreement; or
(b) disclose such Confidential Information (in whole or in part) to any third party, except to its Representatives, sub-contractors, professional advisors and Group Members, each of whom has a need to know the Confidential Information in connection with this Agreement and provided that it shall procure that such persons comply with these confidentiality obligations.
During the Term you shall maintain, with a reputable insurer, the requisite insurance coverage as required by all applicable law and as is necessary to meet your obligations under this Agreement. Such insurance shall include coverage for commercial general liability and professional liability at limits not less than an amount equivalent to the annual Commissions paid to you under this Agreement. Upon request you shall provide us with copies of your insurance policy.
You shall permit and/or shall procure that we are permitted access to, and/or provided copies of, such of your, your subcontractors' and your Representatives’ records, systems, premises, personnel and information to the extent necessary for the purpose of:
(a) verifying your compliance with this Agreement;
(b) investigating where we reasonably suspect, or have been notified of, a material breach of this Agreement, a potential or actual personal data breach, fraud and/or a breach of law; or
(c) fulfilling any request by a regulatory body of a competent jurisdiction.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BH SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE BH SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BH SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE BH SERVICE.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Except as otherwise indicated in the Terms of Service, You may give notice to BH by writing:
Boutique Life Inc.
110 E 25th St,
New York, NY 10010
+1 201 588 5435
25. Choice of Law / Dispute Resolution Language
Governing Law; Disputes; Arbitration Agreement
This Agreement will be governed and interpreted by and in accordance with the Laws of the United States and the State of New York without regard to its conflicts of laws principles..
BoutiqueLife Inc. is committed to customer satisfaction, so if you have a problem or dispute relating to the BH Service or this website (“Claims”), we will try to resolve your concerns. You agree to give us written notification of your Claims as set forth in the Notice section above stating (i) your name, (ii) your address, (iii) a written description of your Claim, and (iv) a description of the specific relief you seek. If BH does not resolve the Claims within 60 days (“Resolution Deadline”) after it receives your written notification, you may pursue your dispute as set forth below.
Should you wish to pursue your Claim after the Resolution Deadline, it shall be resolved by binding arbitration conducted in English in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in the state and federal courts serving New York County, New York, provided that each party waives any right to a jury trial.
For any claim where the total amount of the award sought is $10,000 or less, you may bring such claim in the Small Claims Court of Los Angeles County Superior Court. All other claims will be subject to binding arbitration before the AAA in New York City, New York. You hereby consent to such exclusive venue and jurisdiction of the AAA and state and federal courts serving New York County, New York.
Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules of the AAA. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within sixty (60) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video, or other electronic means of communication. The arbitration award shall be in writing. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. In no event shall the arbitrator award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of Boutique Life Inc.’s patent, copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Boutique Life Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
To the fullest extent permitted by law, the controlling language for these Terms of Service is English.
(viii) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Boutique Life Inc..
26. For Residents of Quebec / Pour les résidents du Québec
The parties declare that they have required that these Terms of Service and all documents related hereto, either present or future, be drawn up in the English language only.
Les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.
27. International Users
BH makes no representation that materials on this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntarily sought and established contact with BH, (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of residence; (iii) under no circumstance shall BH be deemed liable under any laws other than the United States; (iv) his or her participation is governed by California law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.
Pursuant to California Civil Code section 1789.3, BH provides the following information:
Boutique Life Inc.
110 E 25th St,
New York, NY 10010
+1 201 588 5435
Any charges to the consumer imposed by the provider for the use of the service.
You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254
The Terms of Service constitute the entire agreement between you and BH and governs your use of the Service, superseding any prior agreements between you and BH. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of BH to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without BH's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. BH may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors, and permitted assigns.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
29. Force Majeure
Subject to clause 26.2, neither party shall be liable to the other for any failure or delay in the performance of its obligations under this Agreement (save in respect of any obligation to pay any amounts due and payable) to the extent that such failure or delay arises due to reasons beyond such party's reasonable control, provided always that the affected party promptly notifies the other of the cause and likely duration of the failure or delay and takes all reasonable steps to overcome the failure or delay as soon as possible. For the avoidance of doubt, hotel overbookings shall not be considered a force majeure event
30. Copyright / DMCA
COPYRIGHTS AND COPYRIGHT AGENTS (Digital Millennium Copyright Act)
BH respects the intellectual property of others, and we ask our users to do the same. BH will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Attention: Marc Blazer
Boutique Life Inc.
110 E 25th St,
New York, NY 10010
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BH the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your DMCA notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
We reserve the right to send a copy of any such notice to a third party that may publish and/or annotates it. As such, your letter (with your personal information removed) may be forwarded to the Chilling Effects Clearinghouse for publication.
us as part of your Application; or
(b) to the email address notified by us or you to the other in writing from time to time