Luco | Apartments Guest Refund Policy
Luco Guest Refund Policy
Last Updated: February 22, 2019
These terms and conditions govern Luco’s policy for Guest refunds (“Guest Refund Policy”) and the obligations of the Host associated with the Guest Refund Policy. The Guest Refund Policy applies in addition to Luco’s Terms of Service (“Luco Terms”). The Guest Refund Policy is available to Guests who book and pay for an Accommodation through the Luco Platform and suffer a Travel Issue (as defined below). The Guest’s rights under this Guest Refund Policy will supersede the Host’s cancellation policy.
All capitalized terms shall have the meaning set forth in the Luco Terms or Payments Terms unless otherwise defined in this Guest Refund Policy.
By using the Luco Platform as a Host or Guest, you are indicating that you have read and that you understand and agree to be bound by this Guest Refund Policy.
1. Travel Issue
A “Travel Issue” means any one of the following:
(a) the Host of the Accommodation (i) cancels a booking shortly before the scheduled start of the booking, or (ii) fails to provide the Guest with the reasonable ability to access the Accommodation (e.g. does not provide the keys and/or a security code).
(b) the Listing’s description or depiction of the Accommodation is materially inaccurate with respect to:
the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),
whether the booking for the Accommodation is for an entire home, private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the booking,
special amenities or features represented in the Listing are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or
the physical location of the Accommodation (proximity).
(c) at the start of the Guest’s booking, the Accommodation: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in Luco’s judgment, (iii) does not contain clean bedding and bathroom towels available for the Guest’s use, or (iv) has vermin or contains pets not disclosed in the Listing.
2. The Guest Refund Policy
If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Luco Platform (“Total Fees”) depending on the nature of the Travel Issue suffered, or (ii) use our reasonable efforts to find and book you another Accommodation for any unused nights left in your booking which is reasonably comparable to the Accommodation described in your original booking in terms of size, rooms, features and quality. All determinations of Luco with respect to the Guest Refund Policy, including without limitation the size of any refund and the comparability of alternate Accommodations, shall be in Luco’s discretion, and final and binding on the Guests and Hosts.
3. Conditions to Claim a Travel Issue
To submit a valid claim for a Travel Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:
(a) you must be the Guest that booked the Accommodation;
(b) you must bring the Travel Issue to our attention in writing or via telephone and provide us with information (including photographs or other evidence) about the Accommodation and the circumstances of the Travel Issue within 24 hours after the later of (i) the start of your booking or (ii) you discover the existence of the Travel Issue , and must respond to any requests by us for additional information or cooperation on the Travel Issue;
(c) you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and
(d) unless Luco advises you that the Travel Issue cannot be remediated, you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host prior to making a claim for a Travel Issue.
4. Minimum Quality Standards, Host Responsibilities and Reimbursement to Guest
4.1 If you are a Host, you are responsible for ensuring that the Accommodations you list on the Luco Platform meet minimum quality standards regarding access, adequacy of the Listing description, safety, cleanliness, and do not present a Guest with Travel Issues. During a Guest’s stay at an Accommodation, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve any Guest issues.
4.2 If you are a Host, and if (i) Luco determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and (ii) Luco either reimburses that Guest (up to their Total Fees) or provides an alternative Accommodation to the Guest, you agree to reimburse Luco up to the amount paid by Luco within 30 days of Luco’s request. If the Guest is relocated to an alternative Accommodation, you also agree to reimburse Luco for reasonable additional costs incurred to relocate the Guest. You authorize Luco to collect any amounts owed to Luco by reducing your Payout or as otherwise permitted pursuant to the Payments Terms.
4.3 As a Host, you understand that the rights of Guests under this Guest Refund Policy will supersede your selected cancellation policy. If you dispute the Travel Issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim.
4.4 As a Host, you agree that all determinations of Luco with respect to the Travel Issue shall be final and binding on the Guests and Hosts regardless of your submission of a dispute against such Travel Issue. In the event of one or more Travel Issues, Luco, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your Listing ranking, automated reviews indicating Travel Issues, cancelling future bookings, suspending or removing the Listing of the Accommodation or imposing penalties or fees for the administrative burden associated with the Travel Issues.
5. General Provisions
5.1 No Assignment/No Insurance. This Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy, and without prior notice. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.
5.2 Modification or Termination. Luco reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion. If Luco modifies this Guest Refund Policy, we will post the modification on the Luco Platform or provide you with notice of the modification and Luco will continue to process all claims for Travel Issues made prior to the effective date of the modification.
5.3 Entire Agreement. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between Luco and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Luco and you regarding the Guest Refund Policy.
5.4 Limitation of Liability. IN NO EVENT WILL LUCO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS GUEST REFUND POLICY, EXCEED THE AMOUNT OF THE ACCOMMODATION FEES COLLECTED BY LUCO FROM THE GUEST. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING AN ACCOMMODATION OR OTHERWISE USING THE PLATFORM AS A HOST OR GUEST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS GUEST REFUND POLICY.
6. Contacting Luco. If you have any questions about the Guest Refund Policy, please email us at email@example.com.