1. What do these terms apply to and why are they important?
1.1 These terms of service ("Terms") apply to luxoautorental's provision of Booking Services (as defined in section 5 below) in respect of Car Rental Services, Stays, Tours or other Travel Related Services through the Website.
1.2 The Terms contain important information about the Booking Services and your rights and obligations about the provision of the Booking Services. Please read them carefully before submitting a Booking.
2. Definitions
Certain words in these Terms are defined as set out below:
"Booking", a booking for Car Rental or Stays Services made by you through the Website;
"Booking Confirmation", the confirmation email sent to you by luxoautorental on behalf of the Car Rental or Stays Provider following the completion of your Booking request submitted through the Website;
"Booking Services", is defined in section 5;
"Car Rental Desk", the facility operated by the Car Rental Provider at which you have arranged to collect a Rental Vehicle from the Car Rental Provider under the terms of your Booking;
"Car Rental Provider", the third-party supplier of the Car Rental Services. You may make a Booking for Car Rental Services from various providers including Hertz, Avis, Europcar, Sixt, and Enterprise Rent-a-Car on the Website;
"Car Rental Services", the car rental services (together with all ancillary services, such as rental of child travel seats, "sat-nav" devices, etc.) which you may purchase on the Website using the Booking Services;
"Car Rental or Stays T&Cs", the terms and conditions of the Car Rental or Stays Provider which apply to a Booking that you have made, and which will be shared with you before you make a Booking;
"Stays Property", the facility operated by the Stays Provider at which you have arranged to check in from the Stays Provider under the terms of your Booking;
"Stays Provider", the third-party supplier of the Stays Services. You may make a Booking for stay services from various providers including SUNWAY HOTELS & RESORTS, TMG Hospitality on the Website;
"Stays Services", the stays services (together with all ancillary services, such as breakfast, etc.) which you may purchase on the Website using the Booking Services;
"Consumer", a natural person who uses the Booking Services for a purpose outside their trade or profession;
"Customer Support", the customer support services offered by luxoautorental about each Booking, as further described in section 15;
"GTL", Globetrotter Technology Limited, trading as "GTL", also known as GLOBETROTTER DUBLIN, a company incorporated in Ireland under company number 633424 with its registered office at Trinity House, Charleston Road, Ranelagh, Dublin 6, Ireland; GTL is a subsidiary of luxoautorental.
"luxoautorental","Qompass Voyage Limited, trading as "luxoautorental", a company registered in Hong Kong with its registered office at Room 1702, 17/F, Hong Kong Trade Centre,Nos. 161-167 Des Voeux Road Central, Hong Kong ;
"Rental Vehicle", the car or other vehicle that will be issued to you by the Car Rental Provider subject to the Car Rental T&Cs and the terms of your Booking;
"Review Policy", luxoautorental's policy for moderating reviews submitted for publication on the Website, as may be modified or updated by luxoautorental from time to time and which is described in more detail in section 9 of the Website Terms of Use;
"Terms", these terms of service;
"Website", the website operated by luxoautorental, located at www.luxoautorental.COM or www.stays.luxoautorental.com ; and
"you" or "your", the person or entity who books a Car Rental or Stays Service using the Booking Services.
3. Website Terms of Use and Website Privacy Statement
3.1 These terms of service ("Terms") should be read in conjunction with the Website Terms of Use and the Website Privacy Policy. These documents set out the terms on which you may use the Website, and how we collect, process and protect your personal data when you browse the Website, search for a Car Rental or Stays Services and/or make a Booking. The Website Terms of Use also explain who we are and how you may contact luxoautorental.
3.2 Where you make a Booking through the Website, to the extent any term of these Terms relating to that Booking is inconsistent with any term of the Website Terms of Use, the relevant term of these Terms shall supersede and replace the relevant term of the Website Terms of Use.
4. Your acceptance of these Terms
Through the Website, luxoautorental provides you with the ability to search, book and (in some cases) pay for the supply of Car Rental Services, Stays, Tours or other Travel Related Services provided by related Services Providers. In these Terms the search, booking and payment services provided by luxoautorental and GTL are referred to as the "Booking Services."
5. Booking Services
Through the Website, luxoautorental provides you with the ability to search, book and (in some cases) pay for the supply of Car Rental Services,Accommodations, Tours or other Travel Related Services provided by related Services Providers. In these Terms the search, booking and payment services provided by luxoautorental and GTL are referred to as the "Booking Services."
6. Your relationship with luxoautorental and Qompass Voyage Limited
6.1 When you accept these Terms you enter into a contract with GTL acting as an agent on behalf of Qompass Voyage Limited as the principal.
6.2 luxoautorental does not provide Car Rental or Stays Services to you. Car Rental or Stays Services are provided directly to you by a Car Rental or Stays Provider. By making a Booking you are offering to enter into a direct contract with your selected Car Rental or Stays Provider to purchase the Car Rental or Stays Services you have booked.
6.3 luxoautorental acts solely as an intermediary between you and the relevant Car Rental or Stays Provider. luxoautorental does this by transmitting details of your Booking to the Car Rental or Stays Provider and by sending you a Booking Confirmation. In some cases luxoautorental and GTL also processes your payment for the Car Rental or Stays Services.
6.4 luxoautorental has no control over the performance or conduct of the Car Rental or Stays Providers or the quality, standard, service level of the Car Rental or Stays Services. luxoautorental is not responsible to you if your Car Rental or Stays Services are delayed, cancelled or not performed to the standard you expect or require.
6.5 Car hire suppliers can refuse to provide a vehicle to any customer who is, in their opinion unftt to drive or does not meet eligibility requirements. In such cases, your reservation with luxoautorental will be voided and luxoautorental will not have further liability to you.
6.6 luxoautorental will not be held responsible for anyone driving under the influence of alcohol/drugs, causing willful damage, driving off-road or driving without due care and attention. You, the renter, will accept full responsibility in respect of such claims.
7. Booking Services are provided free of charge
7.1 luxoautorental provides the Booking Services without any charge to you, subject always to limitations on luxoautorental's liability set out in these Terms. You accept that without such limitations, luxoautorental would not be able to provide the Booking Services without charge to you.
8. Your Booking
8.1 When you place your Booking on the Website, you are offering to purchase the Car Rental or Stays Services you have booked. No contract will come into existence between you and the Car Rental or Stays Provider and the Car Rental or Stays Provider will not be obliged to provide you with Car Rental or Stays Services unless and until luxoautorental has issued to you a Booking Confirmation on behalf of the Car Rental or Stays Provider. The Booking Confirmation will include a confirmation number, which you may be required to present at the Car Rental Desk or Stays Property in order to obtain a Rental Car or Check In.
9. Car Rental or Stays T&Cs
9.1 By making a Booking you accept and agree that the Car Rental or Stays T&Cs shall apply to the provision of the relevant Car Rental or Stays Services by the Car Rental or Stays Provider. These form part of your contract with the Car Rental or Stays Provider in relation to the Car Rental or Stays Services.
9.2 The Car Rental or Stays T&Cs applicable to your Booking, together with the name, address and contact details of the relevant Car Rental or Stays Provider, are displayed on the "check-out" page of your Booking. This information will also be sent to you by email after you have made a Booking. Please read the Car Rental or Stays T&Cs carefully as they explain your rights and obligations in respect of the Car Rental or Stays Services.
9.3 Each Car Rental or Stays Provider is responsible for their Car Rental or Stays T&Cs, and you should refer any questions in relation to the Car Rental or Stays T&Cs to the applicable Car Rental or Stays Provider. Unfortunately, luxoautorental is not able to assist with any queries in relation to Car Rental or Stays T&Cs.
10. Pricing
10.1 All prices displayed on the Website include VAT, except certain one-off fees which are charged directly by the Car Rental or Stays Provider and which you will be asked to pay at the Car Rental Desk or Stays Property, for example "one-way" fees and fees for certain additional equipment, such as car seats for children for Car Rental, or city tax, resort fee and addtional beds added payable at Stays Property.
10.2 All prices displayed on the Website are based on information provided to luxoautorental by the relevant Car Rental or Stays Provider. Such prices are subject to change, even after you have made a Booking, in accordance with the relevant Car Rental or Stays T&Cs. If you have any queries in relation to any changes to the price for your Booking after you have made your Booking, please contact the relevant Car Rental or Stays Provider.
10.3 When a Booking has been made and even if a Booking Confirmation has been issued luxoautorental may change the price payable in respect of the Car Rental or Stays Services if:
10.3.1 the price quoted to you is incorrect due to a system error or errors in uploading, displaying or confirming prices with a Car Rental or Stays Provider,
10.3.2 the price displayed was due to an obvious mistake which you ought reasonably to have known was a mistake; and/or
10.3.3 if the relevant Car Rental or Stays Provider adjusts the price in accordance with the relevant Car Rental or Stays T&Cs (see section 10.2 above).
10.4 From time-to-time luxoautorental may offer certain price promotions on the Website, such as "refer a friend" discounts. These price promotions are each subject to these Terms and the applicable promotional terms, which will be clearly made available on the Website in each place that the relevant price promotion is advertised. You should read these promotional terms carefully before taking advantage of any price promotion advertised on the Website.
10.5 luxoautorental offers a feature for registered members of luxoautorental called the Price Drop Protector. You can read the terms and conditions which apply to this product, which are incorporated into these Terms by reference, here [https://www.luxoautorental.com/price_drop_protector].
11. Payments and refunds
11.1 luxoautorental will offer up to three methods of paying for your Booking, as set out below. Any one or more of these methods may be available for each Car Rental or Stays Service available to book on the Website. Where more than one method is available, you may choose which method applies to your Booking.
11.1.1 Payment in full. If you choose to pay in full, you will pay the full price of your Booking by credit or debit card at the time you make your Booking through the Website. You will have nothing further to pay at the Car Rental Desk unless you choose to buy additional products or services, such as an insurance or damage waiver protection product, at the Car Rental Desk. And for Stays bookings, you will have nothing further to pay unless the mandatory charges indicates payable at Stays Property like city tax, resort fee or addtional beds added.
11.1.2 Pay at destination. If you choose to pay at destination, you will pay nothing at the time you make your Booking through the Website. You will then pay the full price of your Booking at the Car Rental Desk or Stays Property at the time you collect your rental vehicle or Check In.
11.1.3 Part payment. If you choose part payment, you will pay a deposit towards the price of your Booking by credit or debit card at the time you make your Booking through the Website. You will then pay the balance of the price of your Booking at the Car Rental Desk or Stays Property at the time you collect your rented vehicle or Check In.
11.2 Please note that, even where you do not pay the full price of your Booking at the time you make your Booking through the Website, a legally binding contract is still formed between you and the Car Rental or Stays Provider when you receive a Booking Confirmation, and you may still be charged the full price of your Booking if you do not take up your Booking. Where you choose "payment in full" or "part payment", luxoautorental or the applicable Car Rental or Stays Provider may retain your payment (or part of it) in accordance with the Car Rental or Stays T&Cs applicable to your Booking. Where you choose "pay at destination", we will contact you to make arrangements for you to pay the deposit payment in accordance with the applicable Car Rental or Stays T&Cs. luxoautorental does not accept any liability or responsibility for the consequences of your delayed arrival or "no show" at the designated location or time.
11.3 Where you make a payment through the Website, luxoautorental will use a third-party payment processor in the name of luxoautorental or GTL, or one of our partner sites Rentalcars.com or CarTrawler to facilitate collection of the price. luxoautorental does not charge you a fee for processing credit or debit card payments.
11.4 If you are eligible for a refund of any payment you have made to luxoautorental, luxoautorental and its subsidiary will process such refund to the credit or debit card account from which the payment was originally made. luxoautorental cannot refund any amount not paid directly to luxoautorental, for example any amount paid to a Car Rental or Stays Provider.
12. Insurance
12.1 As detailed in the applicable Car Rental T&Cs, your Car Rental Provider will provide at least the legal minimum motor insurance required to drive the Rental Vehicle in the applicable country of rental. Please see the applicable Car Rental T&Cs for further information. As detailed in the applicable Stays T&Cs, your booking, reservation, and any ancillary services you purchase, do not include insurance.
12.2 Subject to section 12.1, note that by default your Booking does not include travel insurance or any personal, baggage or possessions insurances. You should obtain appropriate travel insurance for each journey you take using the Car Rental or Stays Services. luxoautorental is not responsible for any loss or damage to you or your personal possessions which may result from your use of any Car Rental or Stays Services.
13. Cancellation of and changes to Bookings – by you
13.1 The Car Rental or Stays Services are services related to leisure services (including but not limited to the carriage of passengers) to which a specific date or period of performance applies. Therefore, you do not have a general right to cancel your Booking, and you can only cancel your Booking in accordance with:
13.1.1 the cancellation policy made known to you when you made your Booking. This may allow you to cancel your Booking at any time without charge, may impose a charge if you cancel after a certain date, or may provide that your Booking cannot be cancelled – please check your Booking Confirmation for details;
13.1.2 the relevant Car Rental or Stays T&Cs, which may provide for cancellation in certain circumstances;
13.1.3 clause 13.3 below, which provides that luxoautorental may accept a cancellation of your Booking at its discretion; or
13.1.4 clause 13.4 below, which provides that you may cancel your booking in certain specified circumstances.
13.2 It is not possible to make changes to a Booking after a Booking Confirmation has been sent. However, you may be able to cancel your booking (as set out in clause 13.1) and make a new booking reflecting the change(s) you would like to make.
13.3 luxoautorental may accept a cancellation of your Booking at luxoautorental's discretion, which may be subject to payment by you of additional charges. If luxoautorental does accept cancellation to your Booking no such cancellation is effective (and you will be charged in accordance with your original Booking) unless and until you receive a confirmatory email acceptance of the cancellation and have paid in full any additional charges or cancellation fee.
13.4 You may cancel your Booking if:
13.4.1 luxoautorental informs you of a change to your Booking which you are not happy with;
13.4.2 luxoautorental has told you about an error in the price or description of the Car Rental or Stays Services and you decide not to proceed with your Booking;
13.4.3 luxoautorental or the Car Rental or Stays Provider suspends supply of the Car Rental or Stays Services; or
13.4.4 you have a legal right to do so because of luxoautorental's fault or that of the Car Rental or Stays Provider.
If any of the above circumstances apply, please contact Customer Support.
14. Cancellation of and changes to Bookings – by luxoautorental
14.1 luxoautorental may cancel your Booking:
14.1.1 where you have chosen to participate in the Price Drop Protector, in accordance with the terms and conditions applicable to the Price Drop Protector;
14.1.2 if you cancel or cause the cancellation of, or do not make, any payment to luxoautorental which is due under the terms of your Booking;
14.1.3 if the Car Rental or Stays Services are significantly delayed for reasons beyond the control of the Car Rental or Stays Provider;
14.1.4 if you do not provide the information that luxoautorental and/or the Car Rental or Stays Provider requires in order to provide the Booking Services or Car Rental Services;
14.1.5 if the Car Rental or Stays Provider is unable to or unwilling to provide Car Rental or Stays Services; and/or
14.1.6 if you breach any of these Terms or the applicable Car Rental or Stays T&Cs which luxoautorental reasonably considers to be material.
If any of the above circumstances apply, we will contact you by email to inform you of the cancellation of your Booking.
15. Customer Support
15.1 In addition to the Booking Services, luxoautorental provides 24/7 customer service support for all Bookings. You can contact Customer Support at support@luxoautorental.COM. Customer Support representatives will use their commercially reasonable efforts to resolve any query or complaint that you may have. However, Customer Support representatives are not able to make any recommendations or give any advice on the quality, service level or suitability of any particular Car Rental or Stays Services or Car Rental or Stays Provider, nor are they able to speak on behalf of any Car Rental or Stays Provider. Please note that these Terms – and in particular sections 16 (No recommendation or endorsement), and 18 (Information on the Website about the car rental or stays services) and 20 (luxoautorental's liability to you) – apply to all statements made by Customer Support representatives.
16. No recommendation or endorsement
16.1 The function of the Website and the Booking Services is to provide an easy and user-friendly way for you to compare and book Car Rental or Stays Services offered by a wide range of Car Rental or Stays Providers. The Website and Booking Services, and any statement made on the Website or by any Customer Support representative, do not constitute and should not be taken to be a recommendation or endorsement of the quality, standard, suitability for your needs, service level or qualification of any Car Rental or Stays Provider or of any of the Car Rental or Stays Services. luxoautorental does not accept any liability for the Car Rental or Stays Services except as expressly set out in these Terms.
17. Ranking
17.1 In response to a search, the Website will display a number of different car rental or stays options offered by different Car Rental or Stays Providers, each offering different features, such as price and car type, ranked in a specified order. The default setting for this ranking is set through a complex and evolving algorithm that considers a multitude of criteria in order to match searchers and car rental options in an optimal way. The actual ranking will be different for each customer and for each search, based on a number of criteria such as price, customer review scores and the keywords that you used for your search. For convenience, we also offer other ways to rank car rental or stays options, including "cheapest first".
18. Information on the Website about the Car Rental or Stays Services
The information about the Car Rental or Stays Services that luxoautorental displays on the Website and may share with you if you contact Customer Support is based on information provided to luxoautorental by Car Rental or Stays Providers. Although luxoautorental uses reasonable skill and care in providing the Booking Services, luxoautorental does not take any steps to independently verify – and does not guarantee – the accuracy or completeness of the information provided by Car Rental or Stays Providers displayed on their behalf on the Website or shared with you by a Customer Support representative. luxoautorental does not accept any responsibility or liability for such information. If you are unsure, please verify the accuracy and completeness of such information with the relevant Car Rental or Stays Provider.
19. Customer reviews
19.1 luxoautorental will invite customers who have made a Booking to comment on their experience. The completed review may be displayed on the Website to inform future customers of that customer's opinion of the service and quality of relevant Car Rental or Stays Services.
19.2 Reviews may only be submitted within a limited period after a Booking is completed and each review will only be available for a limited period after posting.
19.3 Currently, luxoautorental uses its commercially reasonable efforts to moderate all submitted reviews in line with its community standards. Amongst other things, luxoautorental prohibits reviews that include obscene, defamatory, offensive or prejudiced language. luxoautorental reserves the right to adjust, refuse and/or remove reviews at its sole discretion accordingly. This may mean that a review is not posted on the Website, or that a review which has initially been approved and posted on the Website is subsequently removed.
20. luxoautorental's liability to you
20.1 If luxoautorental does not comply with these Terms, or if luxoautorental does not use reasonable skill and care in the performance of the Booking Services, luxoautorental is responsible for loss or damage that you suffer that is a foreseeable result. However, under no circumstances (except to the extent required by applicable law) will luxoautorental be responsible for more than €500 in respect of any losses you incur.
20.2 luxoautorental is not responsible for events which are outside of luxoautorental's reasonable control, or for any loss or damage that luxoautorental could not have reasonably foreseen at the time of luxoautorental's acceptance of your Booking.
20.3 luxoautorental does not exclude or limit its liability to you where it would be unlawful to do so. For example, luxoautorental does not exclude or limit its liability to you for death or personal injury caused by luxoautorental's negligence or for fraud or fraudulent misrepresentation or for a failure to use reasonable skill and care in breach of your statutory rights.
20.4 luxoautorental is not responsible to you for any business losses that you may suffer or any other losses or damages that you may incur other than as a Consumer.
21. Other important terms
21.1 luxoautorental shall not be liable (in its own right or through any Car Rental or Stays Provider) for any failure to perform or any delay in performing any of its obligations under these Terms or in relation to any Booking, to the extent that such performance is delayed, hindered or prevented by any event beyond the reasonable control of luxoautorental or the Car Rental or Stays Provider (as applicable). Where such an event persists for more than fourteen days, we may terminate your Booking and make a full refund of any monies paid.
21.2 luxoautorental may transfer luxoautorental's rights and delegate the performance of luxoautorental's obligations under these Terms to someone else, provided this does not prejudice your rights. However, you may not transfer or delegate your rights or obligations under these Terms to anyone else without luxoautorental's consent, which luxoautorental will not unreasonably withhold.
21.3 No one other than luxoautorental and you has any rights under these Terms. No person shall have any rights to enforce the Terms and neither you nor luxoautorental will need the agreement of any other person in order to end or make any changes to our contract.
21.4 When you make a Booking, you will be required to provide certain contact details, including an email address and in some cases a telephone number. If luxoautorental needs to contact you, it will do so using this information. Any notice delivered by any of the methods shared by you when you make a Booking shall be deemed to be validly given in accordance with these Terms.
21.5 Each part of the Terms operates independently of each other part of the Terms and if any of the provisions in the Terms is unlawful or ineffective, the other provisions shall remain in full force and effect.
21.6 If luxoautorental does not insist that you perform any term of these Terms in whole or in part or at the due time for performance that will not prevent luxoautorental from subsequently requiring such performance in full at a later time and will not affect luxoautorental's rights against you for any breach of our contract.
21.7 The original of these Terms is in the English language, although for convenience these Terms may be made available in a language other than English. However, to the extent that any translation of these Terms is inconsistent with the English language version of these Terms, the English language version shall prevail.
21.8 These Terms are governed by the laws of Ireland. Notwithstanding, if you are a Consumer, you may rely on the mandatory provisions of the law of the country of your permanent residence.
21.9
Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be three. The arbitration proceedings shall be conducted in English or Chinese.
21.10
These Terms and the Booking Confirmation constitute the entire contract between you and luxoautorental and override any and all previous contracts and arrangements between you and luxoautorental including any previous versions of the Terms and any terms&
