28/05/2022
Website Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING OR USING THIS SITE IN ANY MANNER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THE SITE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.
The headquarters of Luxcity Hotel & Apartment at Building No 37A, Street 118, Sangkat Mittapheap, Khan 7 Makara, Phnom Penh, Kingdom of Cambodia (collectively, “Luxcity”, “we”, “our” or “us”) provide various websites available to visitors located throughout the world. Our websites include without limitation, this website and other consumer-facing platforms operated under our brands, including luxcity.com.
The content and information displayed on the Sites are Luxcity’s property and are collectively referred to as “Luxcity Information”. The downloading, reproduction, or retransmission of Luxcity Information, other than for non-commercial individual use, is strictly prohibited, except to the extent permitted with the prior written consent by Luxcity or by travel agents for business-only purposes in accordance with the Travel Agent section below.
Use of Site
The services of the Sites are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. You warrant that you are of sufficient legal age and possess the legal authority to enter into this agreement by using the Sites. You further declare that you are legally authorized to make the travel reservations and purchases for either yourself or for another person for whom you are authorized to act.
The Sites are to be used by you for your personal use only. You agree that you will not use the Sites for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial), or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, you agree not to create a hypertext link from any website controlled by you or otherwise, to the Sites without the express written permission of Luxcity. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including any employee or agent of Luxcity or any third party that provides services related to the Sites.
"Chat Room" means any chat area, forum, message board, or similar service offered in conjunction with the Sites. If you join in a Chat Room, you agree to comply with the Terms and Conditions, not to: Defame, abuse, harass, threaten, or make any discriminatory statements about others; advocate illegal activity; use indecent, obscene, or discourteous language or images; or provide content that is not related to the designated topic or theme of the Chat Room. You shall remain solely responsible and liable for your use of the Chat Room. Luxcity reserves the right to remove or edit content from any Chat Room at any time and for any reason, however, Luxcity has no duty to do so and is not responsible for the content or accuracy of any information in a Chat Room.
We reserve the right, at our discretion, to change and or modify portions of these Terms and Conditions at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms and Conditions periodically for changes. We will display the effective date of these Terms and Conditions at the top of this page.
User Feedback
By submitting any ideas, comments, suggestions, or other information: to a Chat Room; or to Luxcity related to improvements to the Sites or services related to the Sites; (collectively, the "Feedback"), You agree that such Feedback shall be deemed, and shall remain Luxcity's property. None of the Feedback shall be subject to any obligation of confidentiality on Luxcity's part and Luxcity shall not be liable for any use or disclosure of any Feedback. Luxcity shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.
Trademarks
Our Sites may include or relate to trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, or other proprietary rights of Luxcity and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, and other proprietary rights of Luxcity and/or other parties is granted to or conferred upon you.
Monitoring
You agree not to interfere or attempt to interfere with the proper development of our Sites, luxcity.com, using any device, program, or other instrumentality, and that you will not take any action that causes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, another automatic device, or manual process to monitor, scrape, or copy our Sites or the Luxcity information contained therein, or any aspect of the Sites or the Luxcity Information, without the prior express consent from an authorized Luxcity representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to our Sites). Furthermore, you agree that you will not use our Sites for any purpose that is illegal, unlawful, or prohibited by these Terms and Conditions. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of our Sites in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program.
Luxcity has no responsibility to monitor or evaluate the information you provide via the Sites, but you agree that it may do so. You agree that Luxcity may censor, edit, remove or prohibit the transmission or receipt of any information that Luxcity deems inappropriate or in violation of these Terms and Conditions, and use any such information as necessary to provide the Sites or to protect the rights or properties of Luxcity. You agree that Luxcity may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
You may not use our Sites in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to our Sites, including, without limitation, if you violate any of the provisions of these Terms and Conditions.
You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third-party websites, or making speculative, false, or fraudulent reservations, or any reservation in anticipation of demand.
Privacy
Your submission of information on the Site is subject to the Luxcity’s Privacy Statement for Guests.
Warranty
To the maximum extent permitted by law, our sites and Luxcity information are provided “as is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no warranties or any guarantee or assurance that our sites and/or Luxcity information will be available, adequate, accurate, uninterrupted, complete, or error-free. We are neither responsible nor liable for any malicious or unauthorized code and you are solely responsible for ensuring you have appropriate scanning and protective mechanisms for the security of your devices, programs, and information. By using any of our sites and/or Luxcity information, you are assuming all risk of loss that may arise or be associated with that use.
Confidentiality
With respect to all communications you make to us regarding Luxcity Information including but not limited to feedback, questions, comments, suggestions, and the like: (a) you will have no right to privacy in your communications, and we will be under no responsibility to keep your chats private; (b) we will have unrestricted access to reproduce, utilize, disclose, and distribute your communications to others.; and (c) we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
Inaccuracies and Errors
Luxcity Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Luxcity does not assume responsibility or liability for any such inaccuracies, errors, or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Luxcity reserves the right to make changes, corrections, cancellations, and/or improvements to Luxcity Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
Mis-Communications/Lost Transactions
Luxcity and any other providers of products or services related to the Sites are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Luxcity and any other providers of products or services related to the Sites are not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the equipment or programming associated with the Sites, or by any technical or human error that may occur in the processing of any information related to the Sites. Luxcity and any other suppliers of products or services associated with the Sites reserve the right to cancel or amend bookings if it seems that a user has participated in fraudulent or improper behavior, or if the reservations contain or arise from a mistake or error.
You agree that neither Luxcity nor any other providers of products or services related to the Sites are responsible for any damages that may arise as a result of any travel or hotel arrangements or other orders you request or make on the Sites which are not processed or accepted for any reason.
Travel Destinations
Travel to certain destinations may involve greater risk than others. Prior to scheduling travel to overseas locations, Luxcity advises travelers to study the Campuchia Govt's travel bans, warnings, announcements, and advisories. Information on conditions in various countries and territories and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.evisa.gov.kh, www.mfaic.gov.kh.
Luxcity does not represent or warrant that travel to or accommodations in, destinations, where services are offered via this site, is advisable or without risk and is not liable for damages or losses that may result from travel to, staying in, such destinations to the fullest extent permitted by law.
Hotel/Resort (“Property” or “Properties”) Reservations General Terms
In addition to the other terms and conditions specified on the Sites regarding our Properties, the following general terms and conditions apply to reservations booked on the Sites:
Cancellation policies and other information about specific room reservations and properties may vary by Property and by the type of reservation. Individual rate rules, tax information, applicable charges, and cancellation policies are displayed in the “Review Reservation Details,” “Summary of Charges” and “Hotel Cancellation Policy” sections on the room reservation page of the Site.
If you plan to travel with your pet, we recommend that you confirm directly with the property that they do, indeed, accept pets. Luxcity accepts NO RESPONSIBILITY for an individual Property's pet policy.
*Cancellation and prepayment policies vary according to accommodation type. Check what conditions might apply to each option when making your selection.
For non-US Properties, rates confirmed in KHR, USD may be converted to local currency by the Property at your time of stay, based on the exchange rate used by the Property, and are subject to exchange rate fluctuations. Credit card charges are subject to additional currency conversions by banks or credit card companies, which are not within the Property’s control and may impact the amount charged to your credit card.
Reservations made by one or more individuals or by an agency on the Site, on behalf of one or more proposed guests, and involving more than nine (9) rooms at the same property for the same period of stay, may be made via the following site: https://telegram.im/@luxcityphnompenh
Travel Agents
Some areas of our Sites are restricted to travel agents or other authorized representatives. Luxcity Information included in such restricted sections is kept private by Luxcity and is only available for business purposes., which include reviewing commission status and statements, and enrolling in our Electronic Funds Transfer program as described below. We reserve the right to prohibit access to, or use of, these restricted areas where we determine that such use or access interferes with our Sites’ operations or that such use or access results in commercial benefits or other entities to our detriment. If you are a travel agent or authorized representative of a travel agent using our Sites, the following apply:
- Passwords: We have provided you with a unique password so that access to information related to your agency and transactions can be restricted to only those individuals to whom you provided the password. It is your responsibility to protect the confidentiality of the password. Luxcity does not assume any liability for any access to information or transactions that are executed with the password provided to you. We strongly recommend that you change the password on a periodic basis and whenever a travel agent leaves your travel agency or you suspect that knowledge of the password is no longer limited to those whom you have authorized.
- Electronic Funds Transfer (EFT): Luxcity may be able to make commission payments by electronic funds transfer (EFT) through the Automated Clearing House (ACH) System. If you complete the EFT registration process provided on our Sites, completion of the process signifies that you: (1) authorize Luxcity to make payments by EFT; (2) certify that you have selected the designated depository institution and provided the correct account information; and (3) accept that all such EFTs will occur in accordance with the following: (i) you will give thirty (30) days advance notice to Luxcity of any changes regarding your depository institution or other payment instructions; and (ii) you accept that all U.S. direct deposits are made with a payment type of “CTX”.
- No Arrangements for Prohibited Persons: Luxcity company is prohibited from providing services to certain “prohibited persons” who are government officials or residents of certain embargoed countries or territories, or terrorists or drug traffickers whose names are published on lists maintained. You agree to use all reasonable efforts not to arrange for any of these prohibited persons to stay at, use or tour any Luxcity facilities.
Availability of Products and Services
Our Sites contain information on Luxcity products and services, not all of which are available in every location. A reference to a Luxcity product or service on one of our Sites does not imply that such product or service is or will be available in your location.
Third-Party Sites
Any use of the maps functionality on this site shall be governed by the End User Terms of Use for the applicable maps application. Luxcity shall have no liability for your use of such third-party maps application for any results, including driving directions, generated by such third-party maps application.
If you choose to leave our Sites via links to other third-party websites, including those of advertisers, our Terms and Conditions and our Privacy Statement will no longer apply. We are not responsible for the terms and conditions or terms of use or privacy policies of those third-party websites, cookies, pixel tags, and other similar technologies that they use. In addition, because we have no control over such third-party sites and resources, you acknowledge and agree that Luxcity is not responsible for the availability of such third-party sites or resources and that Luxcity does not endorse or is responsible or liable for any content, advertising, products, or other materials on or available from such third-party sites or resources.
Governing Law
These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the Campuchia, without regard to its conflicts of law rules. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires the application of another law and/or jurisdiction and this cannot be excluded by contract.
Arbitration
Except with respect to any claim or dispute involving the ownership, validity, or use of any Luxcity trademarks or service marks, any dispute arising out of or related to the Sites (including any claim that any provision of these Terms and Conditions are invalid, illegal, or otherwise voidable or void). Luxcity shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief, and/or declaratory relief (other than declarations with respect to the number of money damages) from a court of competent jurisdiction.
Confidential. Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions, or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.
Limitations Period. Any and all claims and actions arising out of or relating to the sites shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.
Class Action Waiver. You agree not to initiate a class action lawsuit against Luxcity or to join a class-action lawsuit against Luxcity. You agree that you will not file or seek a class arbitration, or participate in a class arbitration, against Luxcity.
