Terms & conditions
“ARCA PROPERTIES” are trademarks and service marks of ARCA PROPERTIES SARL-S; all rights reserved. These and other Arca graphics, logos, trademarks, and service marks of ARCA PROPERTIES SARL-S may not be used without the prior written consent of ARCA PROPERTIES SARL-S. All other trademarks, service marks, product names, company names, and logos appearing on the Site are the property of their respective owners.2. SCOPE OF SERVICES
Arca is a professional management company with operations throughout Luxembourg that professionalizes the alternative lodging industry with a vision to enhance modern travel. We lease vacation rental properties, as well as master lease large multifamily properties, in top gateway markets, and furnish all units to Our luxurious brand standards, including providing upgrades to the design and overall appearance of Our units. When booking with Us, whether through Our Site or with third-party providers (e.g., Airbnb, booking.com etc.), you are booking an Accommodation maintained and operated by Arca.
You must be 18 years or older and be able to enter into legally binding contracts to access and use the Site and Services. The Site and Services are intended solely for persons who are 18 years old or older. Any access to or use of the Site and/or Services by anyone under 18 years old is expressly prohibited. By accessing or using the Site and/or Services, you represent and warrant that you are 18 years or older, and indicate that you have read, understand, and agree to these Terms, whether or not you have registered with the Site or confirmed a Reservation. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
You acknowledge that Our Site contains information, data, software, photographs, videos, typefaces, graphics, music, sounds, and other material (collectively, “Content”) that are protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the EU copyright laws, and ARCA PROPERTIES SARL-S owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.
5. HOW THE SITE AND SERVICES WORK
The below Subsections apply only to booking Accommodations through Our Site. When you book an Arca Accommodation through other third-party service providers (e.g., Airbnb, booking.com etc.), you are subject to that third-party service provider’s terms of service and other applicable terms, agreements, rules, regulations, and/or guidelines.
A. Booking Accommodations and Reservation Procedure
As set forth in Section 2, above, Arca master leases vacation rentals and multifamily properties, which We design, furnish, maintain, and operate for short term use by Our guests (“Accommodations”). To book an Accommodation through Our Site, you must search for a property in the desired city and select the dates of your stay (the “Reservation Procedure”).
Once you have completed the Reservation Procedure and your Personal and Payment Information has been processed and verified, We will send you a confirmation e-mail regarding your Accommodation to the e-mail address you provided. Once you have booked an Accommodation, Arca grants you a limited license to enter, occupy, and use the Accommodation for the duration of your stay, during which time Arca (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation in accordance with these Terms.
You agree to leave the Accommodation no later than the checkout date and time that is specified in your confirmation e-mail. Except as provided in Subparagraph F, below, if you stay past the agreed upon checkout date and time without Our consent (“Overstay”), you will no longer have a license to stay in the Accommodation, and Arca is entitled to make you leave in a manner consistent with applicable law. Additionally, you hereby acknowledge and agree to pay, for each 24-hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two times (2x) the average nightly listing fee originally paid by you to cover the inconvenience suffered by Us, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by Us to make you leave (collectively, “Overstay Fees”). If you Overstay at an Accommodation, you authorize Arca to charge you to collect Overstay Fees.
B. Additional Fees
In addition to paying the listing fee for an Accommodation, you will also be charged for other fees that may be applicable to your Accommodation, including, but not limited to, cleaning fees; service charges; and state and local use, sales, hotel, lodging, and/or occupancy taxes (collectively, “Additional Fees”). All Additional Fees for Accommodations booked through Our Site will be listed during the Reservation Procedure and itemized on the invoice sent to the e-mail address you provide.
C. Accommodation Extensions
At any time before or during your stay at an Accommodation, but no later than 24-hours prior to your agreed upon checkout date and time, you may extend your stay so long as there is no booking conflict with another guest for the Accommodation. To extend your stay, you may call Us at +352 691 299 499 or write to Us by e-mail at firstname.lastname@example.org and state your desired extension. If the Accommodation is available, We will process your extension and send you confirmation of the same as set forth in Subsection A, above. Extensions on Accommodations are subject to Additional Fees.
D. Unavailability of the Accommodation and Situations Affecting Your Stay
In the event an Accommodation becomes unavailable prior to your agreed upon reservation, We will notify you by e-mail at the e-mail address you provide Us and automatically cancel your booking. At that time, you will have the option to either (a) obtain a full refund on your Accommodation, or (b) relocate to another Accommodation of lesser or equal value, subject to availability.
E. Accommodation Modifications, Cancellations, and Refunds
In the event you want to modify your Accommodation, you may call Us at +352 691 299 499 or write to Us by e-mail at email@example.com and state your desired modification, which modification is subject to the availability of other Accommodations.
You may cancel an Accommodation at any time prior to check-in by calling Us at +352 691 299 499 or writing Us by e-mail at firstname.lastname@example.org. Full refunds on Accommodations are permitted when you cancel provided the agreed-upon check-in date is more than 30 days following the cancellation notice. If you cancel an Accommodation prior to 14 days of the agreed-upon check-in date you will receive a refund of seventy percent. No refunds are permitted for cancellations within 14 days of the agreed-upon check-in date.
6. DAMAGE TO ACCOMMODATIONS
As a guest of Our properties, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You and those in your party are responsible for your own acts and omissions, and you and those in your party are also responsible for the acts and omissions of any individuals whom you/your party invite to, or otherwise provide access to, the Accommodation.
Should We determine that you, someone in your party, or someone you invited to the Accommodation damaged real or personal property during your stay, including, but not limited to, broken furniture or fixtures, holes in walls, and smoking inside the Accommodation, you hereby acknowledge, agree, and authorize Us to charge the card identified when you provided the Payment Information. The charge(s) to replace/repair damaged real and/or personal property will be itemized and sent to the e-mail address you provided during the Reservation Procedure. You will have 30 days to dispute the charges for damage(s) to the Accommodation. To submit a dispute, please send an e-mail to us at email@example.com detailing your reason for disputing the charge(s) for damages.
7. WARRANTY DISCLAIMERS
You expressly understand and agree that your use of Our Site and Services is at your sole risk. The Site and Services is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that: (i) the Site and/or Services will meet your requirements; (ii) the Site and/or Services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Site or Services will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through Our Site and/or Services will meet your expectations; and (v) any errors contained on the Site and/or Services will be corrected. Any material downloaded or otherwise obtained through the use of the Site and/or Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Us or through or from Our Site and/or Services shall create any warranty not expressly stated in these Terms.
8. LIMITATIONS OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of Our Site and Services, including your booking and staying at any Accommodation, or any other interaction you have with Arca, remains with you. Neither Arca nor its affiliates or subsidiaries, nor any of its officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, partners, consultants, or representatives (collectively, “Providers”), will be liable for any damages of any kind arising from your use of the Site, Services, and/or booking of and staying at an Accommodation, including, but not limited to, direct, indirect, incidental, punitive, treble, special, exemplary, and consequential damages. Arca and its Providers are not liable for your reliance on any information obtained from the Site or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure to perform, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Arca’s records, programs, and/or Services. No oral advice or written information was given by Arca, its Providers, or the like shall create a warranty, nor shall you rely on such information or advice. You hereby acknowledge that this paragraph shall apply to all Content, merchandise, Services, and Accommodations available through Our Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
9. INTELLECTUAL PROPERTY RELATED COMPLAINTS
As a company that holds various intellectual property rights, Arca mutually respects the rights of other intellectual property owners. We do not use or operate the Site for the purpose of infringing the rights of third parties; We encourage you to report any content on Our Site that you believe infringes on your intellectual property rights. Only the owner of intellectual property rights, or the person authorized to act on behalf of the right-owner, can report potentially infringing content. If you have a good-faith belief that Content on Our Site infringes on your copyright, trademark, service mark, or other intellectual property rights, please follow the procedures set forth below.
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
(d) information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any Content on the Site contains content that violates your rights other than copyright, please provide Us with the following information:
(a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Us to locate the materials;
(c) an explanation of what rights you own and why you believe the Content infringes on your rights sufficient for Us to evaluate your complaint; and
(d) accurate contact information for you.
Please send your notice and complaint regarding alleged intellectual property infringement contained on Our Site to:
ARCA PROPERTIES SARL-S
Attn: Legal Department
10. LINKS TO THIRD-PARTIES
This Site may contain links to third-party websites or resources. You acknowledge and agree that Arca is not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products, services, or functionality on or available from such websites or resources; or (iii) the privacy practices of those websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources, products, or services on or available from such websites or resources.
12. DISPUTE RESOLUTION & ARBITRATION AGREEMENT
Our goal is to connect guests with delightful, curated experiences. While we rarely are involved in disputes with our guests and pride ourselves on this fact, We understand that, from time to time, We may be required to resolve disputes with Our guests. This Dispute Resolution and Arbitration provision (the “Arbitration Agreement”) shall apply if (i) your country of residence the Gand Duchy of Luxembourg; or (ii) your country of residence is not the Gand Duchy of Luxembourg, but you bring a claim against Arca in the Gand Duchy of Luxembourg (to the extent not in conflict with this Section 13).
By using this Site and booking Accommodations through Our Services, you agree that any controversy or claim arising out of or relating to the Site and/or Services, or the breach thereof, shall be settled by arbitration administered by a Luxembourgish entity, chosen by Arca. The arbitration hearing shall take place before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and Arca agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, or cyber-attack).
13. APPLICABLE LAW AND JURISDICTION
The laws of the Grand Duchy of Luxembourg shall exclusively apply to any disputes arising out of or relating to these Terms, your use of the Site, or the Services. Any claims arising out of or relating to these Terms and/or your use of the Site and Services (other than small claims actions) that are excluded from the Arbitration Agreement in Section 12 shall be litigated exclusively in the courts of Luxembourg City, Grand Duchy of Luxembourg, and you and Arca waive any and all rights to a trial by jury and consent to personal jurisdiction in those courts.
14. NO WAIVER; NO BINDING EFFECT
Any waiver by Us of a breach of any provision of these Terms shall not operate or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms. Our failure to insist upon strict adherence to any of these Terms on one or more occasions shall not be considered a waiver to deprive Us the right thereafter to insist upon strict adherence to that Term or any other Term of these Terms. These Terms shall be binding upon and inure to the benefit of Arca and its respective successors and assigns. Our failure to exercise or enforce any right provision of these Terms shall not constitute a waiver of such right or provision.
You acknowledge and agree that Arca, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to all or part of this Site, and remove and discard any information or Content or any of the site, for any reason. You further agree that Arca shall not be liable to you or to any other person as a result of any such suspension or termination.
16. MODIFICATION TO TERMS
We reserve the right to modify these Terms at any time in accordance with this provision. Your continued use of the Site and/or Services will constitute your acceptance of the revised Terms.
17. ENTIRE AGREEMENT
These Terms, including all terms, conditions, and policies that are incorporated into these Terms by reference, constitute the entire agreement between you and Arca, and supersede any prior agreements that you may have with Arca. To the maximum extent legally possible, the invalidity or unenforceability of any provision of these Terms will not affect any of the other provisions hereof.
18. FEEDBACK, QUESTIONS, OR ADDITIONAL INFORMATION
If you have any questions about these Terms; want to contact Arca to provide Feedback (as defined below) on these Terms, the Site, and/or Services; or require additional information regarding the Terms, Site, and/or Services, please contact Us by mail or email at the following:
ARCA PROPERTIES SARL-S
By submitting any Feedback, including, but not limited to, comments, suggestions, and ideas (collectively, “Feedback”), to Us, you hereby acknowledge and agree that you automatically and irrevocably grant to Arca an unrestricted, unconditional, unlimited, worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use your Feedback, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill, and any other intellectual property or proprietary rights whatsoever contained in your Feedback. You further agree that, to the fullest extent permissible under applicable law, Arca and its subsidiaries, Providers, and affiliated companies, and their respective officers, directors, employees, agents, suppliers, and other representatives, will have unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, archive, post, translate, reproduce, distribute (through multiple tiers), publish, transmit, broadcast, display (whether publicly, digitally, or otherwise), disclose, adapt, create derivative works based upon, perform (whether publicly, digitally, or otherwise), develop, manufacture, and use for advertising, marketing, publicity, and promotional purposes, any of your Feedback or portions of same, in any form, media software, or technology of any kind now known or developed in the future for any purposes whatsoever, including, but not limited to, developing, manufacturing, and marketing Arca, the Site, and/or the Services.