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Boutiq’s Terms of Use

*** Agreement ***

Welcome to the Boutiq Homes & Properties website, operated by Boutiq, Inc. and our affiliates (collectively, “Boutiq,” “we,” or “us”). 

The following terms and conditions ("Terms of Use") govern your use of the Boutiq website. The accessing and continued use of the Boutiq website by you ("User") constitutes your binding and conclusive acceptance and agreement of all such terms, conditions, and notices contained herein. If at any time the terms and conditions of this agreement are no longer acceptable to you, you should immediately cease all use of the Boutiq website and its ancillary products and services (the "Service"). This page states the terms and conditions under which you may use the Boutiq website and any other products or services offered by Boutiq through the Boutiq website. The right to use products or services by Boutiq is personal to you only and is not transferable to any other person or company. Boutiq has the right to refuse service to any User that refuses to abide by the terms and conditions herein or abuses their rights related to the Boutiq website.

*** Restrictions on Use ***

The Boutiq website, Service, or listings on third party platforms contains, or may contain, including but not limited to, products, services, images, information, illustrations, logos, email newsletters, software, photographs, audio and video clips, graphics, links and other material (collectively the "Content") that are protected by copyright, trademark or other proprietary rights, owned or controlled by Boutiq, third parties or their respective owners or licensees. All Content contained in the Boutiq website is copyrighted as a collective work of Boutiq pursuant to applicable copyright law. This material is for personal use only and you agree to comply with any use and other restrictions contained in any Content available on or accessed through the Boutiq website. Special rules may apply to the use of certain software and other items provided on the Boutiq website. You must access the information manually by request and not programmatically by macro or other automated means. You may not redistribute, sell, decompile, reverse engineer or disassemble any software or any other products on the Boutiq website in any manner unless prior written authorization is given. You may not use the contents for any unlawful or commercial purpose.

Except as expressly permitted with written approval by Boutiq, no part of the information available from the Boutiq website may be copied, photocopied, reproduced, republished, licensed, distributed, displayed, posted, translated, altered, redistributed or broadcast in any way. Nor can it be exploited, used to create derivative works, or reduced to any electronic medium or in any other manner not herein stated, in whole or in part, without the prior written approval of Boutiq or its third-party providers. You may not incorporate any Content, in whole or in part, by framing, by mirroring, or any other method into another website. Any information distributed for commercial purposes is strictly prohibited without the prior written approval of Boutiq.

*** Third Party Websites ***

The Boutiq website contains links to other websites that may be of interest to you the visitor and reference to products and services offered by third parties and are provided to you for convenience only and does not constitute an endorsement or approval by us in any way. Boutiq has no control over, or responsibility for the content found on those websites, accessibility, or for products and services offered by third parties. We do not assume any liability for the use and you acknowledge and agree such use shall be at your own risk. Your linking to any page within this website is at your sole risk. Boutiq reserves the right to demand the removal of any link from a website.

*** Framing and Mirroring ***

Framing or mirroring any page or any information located on the Boutiq website is strictly forbidden.

*** Non-confidential Information ***

Should any User of the Boutiq website respond by submitting information, feedback, data, questions, comments, suggestions, techniques, concepts, essays, know-how, ideas or the like including personally identifiable information such as name, address, telephone number, email address, or other information, such information shall be deemed to be non-confidential. All submissions, information and correspondence as stated above, shall become the property of Boutiq, and Boutiq shall have no obligation of any kind with respect to such information and you agree to grant to Boutiq a non-exclusive, royalty-free, worldwide, perpetual license to use in any manner deemed acceptable. Said use may include but not limited to; reproduce, transmit, distribute, publicly display, and advertise such information. You agree that you shall have no recourse against Boutiq for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

*** Trademarks ***

The trademarks, logos and service marks displayed on the Boutiq website are owned by Boutiq, used by permission, under license from their respective owners, or are the property of other third parties. You are not permitted to use such trademarks without the prior written consent of their respective owners or such third parties that may own them.

*** Modification of these Terms of Use ***

Boutiq reserves the right to change this Terms of Use Agreement at any time. You are responsible for regularly reviewing these terms and conditions for any changes. Such changes, modifications, additions or deletions shall be effective immediately upon posting on the Boutiq website. Continued use of the Boutiq website following any such changes shall constitute your acceptance of such changes.

*** General ***

The laws of the State of Texas, U.S.A., govern this agreement. You consent to the exclusive jurisdiction and venue of courts in Travis County, Texas, U.S.A. in all disputes arising out of or relating to the use of the Boutiq website. Use of the Boutiq website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

*** Severability ***

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

*** Entire Agreement ***

This agreement constitutes the entire agreement between you and Boutiq with respect to the Boutiq website and Service. A printed version of this agreement will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

No part of this agreement may be copied, duplicated, retransmitted, reposted, in whole or in part, or otherwise used without the express written approval of Boutiq.


RESERVATION TERMS AND CONDITIONS

*** Introduction and General Provisions ***

Your reservation and the accommodation agreement made with a vacation rental within the Boutiq, Inc. ("Boutiq") brand (whether made by you directly with Boutiq or via a third party such as a travel agent, online travel agent (“OTA” or third party booking site) will be subject to the Terms of Use, Reservation Terms and Conditions, the Privacy Notice, and the property’s specific Rental Agreement.  When you make your reservation, whether online or by telephone, you will be deemed to have read, understood and accepted these Terms of Use, Reservation Terms and Conditions, the Privacy Notice, and the property’s specific Rental Agreement.

If you make your reservation via an OTA, travel agent, or other third party including, but not limited to, vacation rental booking platforms, then you have a separate legal relationship with that party and Boutiq has no liability for any acts or omissions of such party including their observance of your data protection rights.

When you make your reservation, you will be also deemed to have read, understood and accepted the Terms of Use for using any Boutiq website (which shall mean www.boutiq.co, www.boutiqhomes.com, or any related Boutiq Service or third party website accessible through one of Boutiq’s websites or listings) and shall be deemed to be incorporated into your reservation and the rental agreement with the Boutiq vacation rental.

All information or Content regarding rooms, facilities and services offered at the Boutiq properties contained on the Boutiq website, or otherwise available through any direct, third party listing or reservation site (collectively the “Reservations Facilities”) or on the Service may be inaccurate as a result of renovations, repairs, or other changes to available products or services at the Boutiq property.  The Boutiq Service or Reservation Facilities may also contain typographical errors or omissions.  Boutiq shall not be liable for any discrepancy in the rooms, facilities or services available at an Boutiq property from those described on the Boutiq Service or Reservation Facilities or for any other errors or omissions, and shall not be liable for any damages that may result therefrom.

Boutiq shall not be liable to you for:
* the accuracy of any Boutiq property information provided to or through the Reservations Facilities or Service including, without limitation, the availability or price of rooms; or
* any failure or delay beyond its control in the transmission of any data submitted through the Service including, but not limited to, the details of your reservation or changes to or cancellation of your reservation.

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RESERVATIONS PROCEDURE AND POLICIES

*** Online reservations *** 

The Boutiq Service enables you to check the accommodation offerings and availability of Boutiq vacation rentals, and then submit an online reservation request to the Boutiq property of your choice.  On completion of the reservation process, Boutiq shall provide an online confirmation of your booking reservation.  A reservation is only valid when a reservation confirmation has been issued.

*** Property Prices and Rental Rates *** 

The prices indicated on the Boutiq website for the Boutiq vacation rentals are subject to availability.  Taxes and service charges are only included if indicated in the rate policy.

*** Payment *** 

It will be necessary for you to provide credit card or other payment details to secure a property reservation.  The credit card may then be used by the Boutiq property for payment of a deposit as advised at the time of booking or as a guarantee for a future payment, in the case of a no-show, a cancellation or change to the reservation.

*** Cancellations and Amendments *** 

You should make any cancellations or amendments to your reservation using the same Boutiq channel through which you booked.  The cancellations and amendments policy that applies to your reservation will depend on the respective Boutiq property’s policy as advised at the time of booking.

*** Rate/Reservation Validity *** 

Reservation confirmations are provided to you solely for your convenience.  Boutiq and Boutiq properties retain official records of reservation transactions, including details of dates of stay and property rates. In the event of discrepancies, alterations, modifications, or variations between this confirmation and our official records, Boutiq’s official records shall prevail. Tampering with this confirmation to alter the room rate or any other reservation information is strictly prohibited and will have legal consequences. 

*** Currency *** 

Reservations will be charged in the property’s local currency as shown on the Boutiq website at the time of booking.

A refund of a deposit or prepayment, if any, will be subject to the exchange rate applied by your payment card provider at the time of any such refund and may differ from the exchange rate applied at the time such deposit or prepayment was made.

*** Prepaid Reservations *** 

Some rate plans require prepayment in full and are non-cancellable, non-refundable, non-changeable and non-transferable. This will be identified in the rate description.  For these rate plans, once you make a reservation your credit card will be charged for the full amount. Credit will not be given for any unused reservation and the amount paid by you for such reservation cannot be used toward any other/future reservation.

*** Unforeseen Circumstances *** 

In the event a Boutiq property is unable to accommodate guests due to unforeseen circumstances (including, but not limited to, natural disasters, emergency repairs, and other circumstances), Boutiq will provide notice to guests, both current and future, whose reservations may be impacted. Boutiq will work with guests to determine an acceptable solution which may or may not include altering reservation dates, providing refunds, or attempting to redirect guests to a comparable property which may or may not be owned or operated by Boutiq. Boutiq will not be held responsible in the event that canceled or altered bookings result in hardship or financial loss for travelers.

*** Special Requests *** 

Boutiq will strive to honor any special request for any company properties. It may not be possible to satisfy requests due to availability or changes in service providers. Unforeseen circumstances may also prevent special requests from being addressed satisfactorily.

*** Pets *** 

Pets are not permitted at any Boutiq property for any reason without the express written consent of Boutiq.

Requests for exceptions may be made by contacting hello@boutiq.co. Requests for exceptions are not considered approved unless the guest receives written approval for their individual request from Boutiq, a Boutiq property, or a Boutiq employee. Requests are assessed for a single reservation and do not apply to any future stay at any Boutiq property. Boutiq reserves the right to revoke approvals at any time.

*** External services *** 

The Boutiq website or the Boutiq property at which you stay may advertise the opportunity to purchase products or services from independent third party suppliers (“independent suppliers”). The following provisions apply to all external services:

All information on the Boutiq website or otherwise communicated by Boutiq regarding external services has been provided to Boutiq and your Boutiq property by the independent suppliers.  Such information does not constitute any endorsement or recommendation of the external service by Boutiq or your Boutiq property and is for general guidance only.  Neither Boutiq or your Boutiq property makes any representation or warranty, express or implied, as to the nature, quality, cost or any other aspect of the external services and it is your responsibility to check all relevant details of the external services with the independent supplier prior to purchase or booking.

Your contract for any external services will be made direct with the relevant independent supplier and neither Boutiq or your Boutiq property has any involvement in or control over the provision of external services unless otherwise specified.  Consequently, neither Boutiq or your Boutiq property will have any liability to you for the warranties, representations, acts, errors, omissions, breaches or negligence of any independent supplier or for any accidents, personal injuries, death, loss of or damage to property or any other losses, damages, costs or expenses resulting, directly or indirectly, from your purchase or use of any external service.

It is your responsibility to check that, where appropriate, the independent supplier has adequate public liability insurance for the external service and/or to ensure that you and any dependents or associates using the external service have adequate personal insurance cover against all foreseeable risks.

*** Guest’s Obligations *** 

You agree to the terms and conditions of purchase imposed by Boutiq and each Boutiq property.  You also agree that you are fully responsible and shall pay for all charges, fees, duties, taxes, assessments and other amounts arising out of your reservation when due, including additional taxes and fees that may not be included in the quoted rate.

You understand that any violation of a Boutiq property’s conditions may result in cancellation of your reservation and you forfeiting any monies paid for such reservation and a Boutiq property charging your provided payment method for any costs it incurs as a result of such violation.

Subject to availability, guests may purchase additional insurance protection to cover any damages that may result during the course of a guest’s stay at a Boutiq property. Insurance policies may include deductibles for which travelers would be responsible, and policies may not protect guests from all damage charges or fees that may arise.  Boutiq is not responsible for the coverage afforded by any insurance policy purchased by guests, including ones purchased through Boutiq through any site on which a Boutiq property is reserved including, but not limited to, OTA’s or travel agencies.

*** Privacy and Data Protection *** 

Our Reservation Privacy Policy (set out below) will apply to your reservation and forms part of these Reservation Terms and Conditions.

*** Intellectual Property Rights *** 

‘Boutiq’ has trademark protection.  Any copyright and other intellectual property in the content and materials on the Boutiq Service and Reservation Facilities remains with Boutiq or the relevant Boutiq property.  Downloading, copying or otherwise using any material on the Boutiq Service and Reservation Facilities is permitted only for private use and limited to the sole purpose of making an Boutiq property reservation.

*** Force Majeure *** 

Neither Boutiq nor any Boutiq property will be liable for any change or cancellation of any reservation that is caused, in whole or in part, by events, occurrences, or causes beyond the control of Boutiq or any Boutiq property.  Such events, occurrences, or causes include, without limitation, acts of God, pandemics, terrorist activities, government orders to prohibit travel to a location, homeowners association or other community association orders to prohibit travel to a location, weather, strikes, lockouts, riots, acts of war, earthquake, volcanic activity, ash clouds, tsunamis, hurricanes, fire, explosions, property damage, necessary repairs, insect or rodent infestation, amongst other events.

*** Limitations *** 

Neither Boutiq nor any Boutiq property nor other providers of products or services related to the Service or Reservations Facilities are responsible for communication malfunctions, failures, difficulties or lost, stolen, or misdirected transmissions, messages or entries, or the security of any such communications.  Further, neither Boutiq nor any Boutiq property nor any other providers of products or services related to the Service or Reservations Facilities are responsible for incorrect or inaccurate entry information, whether caused by user(s), by any of the equipment or programming associated with the Reservations Facilities, or by any technical or human error that may occur in the processing of any information related to the Reservations Facilities and shall not be liable for damages resulting from any of the foregoing.

Boutiq and any Boutiq property may cancel or modify reservations where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.

*** Governing Law *** 

The laws of the State of Texas, U.S.A., govern this agreement. You consent to the exclusive jurisdiction and venue of courts in Travis County, Texas, U.S.A. in all disputes arising out of or relating to the use of the Reservation Facilities. Use of the Reservation Facilities is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

*** Contact Details *** 

Boutiq, Inc., 3310 W Braker Lane, Suite 300 - 454, Austin, TX 78758.

Any queries arising from these Reservations Terms and Conditions should be sent by email to: hello@boutiq.co.


RESERVATION PRIVACY POLICY

This Reservation Privacy Policy provides you with information about the personal data Boutiq collects in connection with the reservation at your chosen Boutiq property, why we need to collect it, how it will be used, who it will be shared with and your rights in relation to it.

The personal data Boutiq collects:

In order to complete your reservation and arrange its fulfilment Boutiq and/or Boutiq’s third party payment processors will need to collect the following personal data, and other data not listed below, as part of the reservation process:

* Your first name and last name
* Your email address
* Payment information (credit card, digital payment service details, or otherwise specified form of payment)

You may also, if you wish, provide Boutiq with:

* Your postal address (home or business);
* Preferred contact telephone number.
* Names and personal information of other guests or members of your party

The personal data you provide Boutiq in the course of the reservation process will be referred to in this Reservation Privacy Policy as the Reservation Data.

*** How Boutiq uses the Reservation Data *** 

Boutiq may not have access to complete Reservation Data depending on the method by which the Reservation is established. Booking platforms, OTA’s, and travel agencies, amongst other means of securing reservations at Boutiq properties, may provide full, partial, or incomplete Reservation Data. Boutiq retains all rights to Reservation Data procured through Reservation Inquiries, Bookings, or through other booking agents.

Boutiq will only share the Reservation Data with its appointed data processor and with the relevant Boutiq property. Select information may be shared with external service providers in order to fulfill services requested, or not requested, by guests such as, but not limited to, activities, excursions, reservations, or insurance claims.

On receipt of the Reservation Data the relevant Boutiq property will also become a data controller of the Reservation Data and will use it for all purposes necessary to fulfill your reservation including contacting you prior to your stay.  Your Boutiq property will not use the Reservation Data for any purpose other than fulfilling your reservation and will need your specific consent to use it for any other purpose. Should reservations include packaged services or other offerings fulfilled or not fulfilled by a third party, Boutiq reserves the right to share the Reservation Data necessary to satisfy payment, processing, or other reservation requirements.

*** Your Rights *** 

You have the following rights in relation to the Reservation Data:

* to request access to the Reservation Data by an email request to (hello@boutiq.co);
* to request that the Reservation Data be amended or deleted although that may mean your reservation cannot be fulfilled.

Boutiq Homes & Properties, LLC. TX License Number: 9011072.
Licensed Real Estate Broker Sean Rose TX License Number: 507657.
Boutiq Homes & Properties, a subsidiary of Boutiq, Inc., offers diversified real estate services to clients of Boutiq and its affiliates.

PRIVACY NOTICE

As an operator of luxury vacation rentals, Boutiq, Inc. and our affiliates (collectively, “Boutiq,” “we,” or “us”) respect your privacy and are committed to protecting your Personal Information. This Privacy Notice describes the types of Personal Information we collect and our practices for using, maintaining, sharing, and protecting it. It also describes the rights and choices you may have with respect to your Personal Information and how you may contact us about our privacy practices. 

This  Privacy Notice applies to any and all websites, products, services, and mobile applications owned or operated by Boutiq (the “Services”). It does not apply to the collection and use of certain employment-related information. If you are a current or former Boutiq job applicant, employee, owner, director, officer, or contractor, please Contact Us for the appropriate policy.

When using our websites, you may choose to interact with features from third parties that operate independently from Boutiq, such as social media widgets and links to third-party websites. Boutiq has no control over and is not responsible for the privacy practices of such third parties. This Privacy Notice does not apply to the extent Boutiq does not own or control any linked websites or features you visit or use. We recommend that you familiarize yourself with the privacy practices of these third parties.


1. Types of Personal Information
“Personal Information” means any information relating to an identified or identifiable individual. Examples of Personal Information Boutiq may collect include:

Payment information (credit card and other payment card information)

Personal contact information (name, nickname, gender, mailing address, email address, phone number) for both the person making the booking and, when provided, for other guests identified as part of the booking process.

Business information (office location, business contact information, department, job title/description, professional bio)

Log-in credentials (username, password)

Usage details (log-on activity, search terms, views, clicks, downloads, Boutiq-related preferences, lead submission information)

Technical details (IP address, geolocation information, cookie/session IDs, authentication information, browser type/version, operating system/platform)

Any other information you or other Boutiq customers may upload or enter into the Services


2. Collection of Personal Information
Boutiq may collect Personal Information using the following methods:

Directly from you when you provide it to us (direct communications, information you enter into web forms, subscription agreements, and contracts or submit to the Services)

Through your participation in surveys, promotions, and contests

Boutiq’s internal customer relationship management system and databases

From third parties, such as analytics and email marketing service providers

Researching or scraping public websites where permitted by the Terms of Use (company websites, search engines, social media)

Automatically through tracking technologies (cookies, web beacons, log files), including over time and across third-party websites or other online services

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3. Use of Personal Information
We may use your Personal Information for the following purposes:

Communicating with you

Providing you with the Services

Authenticating use, detecting potential fraudulent use, and otherwise maintaining the security of the Services

Developing, testing, improving, and demonstrating the Services

Creating and maintaining a customer relationship management system, guest lists, and invitation lists for Boutiq events

Carrying out our legal and contractual obligations and enforcing our rights, including billing and payment processing

Anonymizing and aggregating information for analytics and reporting

Advertising, marketing, and selling the Services, including linking together or merging Personal Information with other Personal Information so that we may better understand your needs and inform about or otherwise deliver our Services and those of our partners

Short-term transient use

For any other purpose with your consent

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4. Disclosure of Personal Information
We may disclose Personal Information:

To affiliates and other entities within Boutiq’s group of companies, distribution partners, and service providers

To third parties when you use a third party feature in our Services

To enforce or apply our Terms of Use and other agreements or comply with any court order, law, or legal process, including government or regulatory requests

To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Boutiq’s assets

If we believe it is necessary to protect the rights, property, or safety of Boutiq or other

For any other purpose disclosed by us when you provide Personal Information

With your consent, such as when you choose to provide your information to third parties

We may also disclose de-identified information without restriction. Note that if you make any Personal Information publicly available on the Services, anyone may see and use such information.


5. Security of Personal Information
Boutiq implements security safeguards and uses best efforts to protect your Personal Information.
 

6. Retention of Personal Information
Boutiq generally retains records only as long as necessary and as required for our business operations, for archival purposes, and/or to satisfy legal requirements.
 

7. Manage Your Personal Information
You may manage your Personal Information by making certain choices. If you believe that any Personal Information you have provided to us is out-of-date or inaccurate, you may review and correct such information by Contacting Us. You may also have additional rights detailed below depending on where you live. As a security precaution, we may need to request information from you to help us confirm your identity when exercising a right related to your Personal Information.
 

8.  Privacy Notice Changes
This  Privacy Notice may be updated periodically to reflect changes in our privacy practices.
 

9. Contact Us
For questions, requests, or concerns about our services, please email us at: hello@boutiq.co