Customer Terms of Service
These Terms of Service (“Terms”) contain a dispute resolution and arbitration provision, including class action waiver that affects all claims brought against KEY. You may opt out of the binding individual arbitration and class action waiver as provided below.
These Terms are a legal contract between You and KEY Travel Concierge (“KEY”, “We”, “Us” or “Our”) (collectively, “Everyone”) that governs your use of KEY’s concierge services where KEY assists You with booking, or books on your behalf, vacation homes, curated experiences, and in-home services through the KEY website (the “KEY Service”).
Except for certain kinds of disputes described in Section 6, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND KEY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 6.)
Use of KEY Services
Through the KEY Services, You can view online listings of luxury vacation and temporary stay accommodations (“Accommodations”) and book Accommodations and services, excursions, activities and experiences provided by third parties (“Experiences”).
If you are obtaining a quote for or booking Accommodations or Experiences for more than just yourself, all references to “You” (and derivations thereof, including without limitation “Your”) shall be read to mean you on behalf of yourself and each individual within your group for whom you are obtaining a quote for or booking Accommodations or Experiences.
You understand that KEY does not provide Accommodations or Experiences, and that KEY, through the KEY Services, acts as the coordinator and curator of the Accommodations and Experiences. KEY is not a party to any agreements or contracts for Accommodations and Experiences. KEY is not a landlord, property manager, real estate broker, or insurer. Property owners, managers and/or landlords of Accommodations (“Property Managers”) and third party service providers of Experiences (“Providers”) are responsible for understanding and complying with all laws, rules, regulations and agreements with guests.
You expressly authorize KEY to make travel arrangements and arrange Accommodations and Experiences on your behalf. Property Managers and Providers, and not KEY, will be responsible to you for the relevant provision of Accommodations and Experiences, respectively. You acknowledge that KEY is not a co-vendor of such Accommodations and Experiences, and that You are responsible for any travel fees or costs that KEY arranges for You.
KEY exercises care in selecting the Property Managers and Providers, but You acknowledge and agree that KEY has no control over, and shall have no liability for, the Accommodations and Experiences provided by Property Managers and Providers, respectively. You agree that in no event shall KEY accept any liability in contract, tort or otherwise, for any injury, death, damage, property damage, accident, irregularity, loss, delay or additional expense or inconvenience caused (1) directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of Property Managers or Providers, (2) by force majeure or (3) by any other event which is beyond KEY’s control, including, but not limited to, a delay or cancellation of a flight that causes you to miss any portion of your trip, Accommodations or Experiences.
If you are acting in the capacity of an agent for a Member, you hereby confirm and warrant to KEY and the Property Manager and/or Provider (as applicable) that you have the irrevocable authority to enter into and bind the Member to these Terms, including the right to book Accommodations or Experiences on behalf of the Member. You further warrant that the Member has read and understands (1) these Terms, (2) any relevant cancellation policies provided by Property Managers and Providers, and (3) that by authorizing you to act as their agent the Member is bound by these Terms.
2.1. Roles + Obligations
You acknowledge and agree that, as part of the KEY Service, KEY is to provide You with listings and book Accommodations for You, which includes arranging contracts between You and Property Managers. The Property Manager, and not KEY, will be responsible to You for the provision of the relevant Accommodation. KEY is not a party to the rental agreement between You and the Property Manager. KEY is not an owner or operator of any of the Accommodations provided as part of the KEY Services. If KEY books any Accommodation on Your behalf, You acknowledge and agree that KEY is acting only as Your agent.
In addition, you acknowledge and agree that KEY may collect and share your personal information with Property Manager as part of the booking process. The personal information that may be collected and shared with Property Manager includes, but is not limited to, Your name, email, and phone number.
You are responsible for complying with all rules and regulations relating to the Accommodations (as required by the Property Manager and any applicable rental agreement). You also acknowledge that the price(s) reflected on the executed rental agreement may not match the invoice paid directly to KEY.
When you book Accommodations, you agree to pay all invoices and balances for your booking including the base price and all applicable fees, charges and taxes, including, but not limited to, KEY’s coordination fees, resort fees, security deposits, cleaning fees, incidentals, taxes, and any other cost identified during checkout (collectively, “Total Price”). You acknowledge and agree that KEY may charge and collect any security deposit identified during checkout. When you receive the booking confirmation, a contract for Accommodations (sometimes called a reservation) is formed directly between you and the Property Manager.
2.3. Charges, Fees + Payments
KEY charges a coordination fee for sourcing, curating and facilitating the booking of Accommodations (“KEY Coordination Fee”), as well as for use of the KEY Service. You acknowledge that the KEY Coordination Fee is non-refundable and varies by Item, as outlined on the pricing details page.
KEY processes payments through a third-party payments processor via the KEY website. You acknowledge that KEY is an agent facilitating any transaction between you and the Property Manager.
KEY will collect payments from you by charging the payment method associated with your KEY account, such as a credit card or bank account (“Payment Method”), for the Total Price. When you add a Payment Method, you will be asked to provide billing information including name, billing address, and financial instrument information on the KEY website and this information will be stored by a third-party payment processor.
KEY will charge your card according to the payment terms and timing outlined and agreed upon in the booking details.
2.4. Security Deposits
Security deposits can be required for Accommodations. Any disputes you may have regarding the security deposit or any amount that is withheld from the security deposit must be addressed directly with the Property Manager within 10 days of departure from the Accommodation.
You expressly authorize KEY to hold the portion of your security deposit to cover the cost of any damage to the Accommodations and its contents (other than reasonable wear and tear), which occurred during your stay up to the value of the available security deposit (after taking into account any other claims on the security deposit). If the cost of the damage to the Accommodations is greater than the value of available balance on the security deposit, you will still be liable to the Property Manager for the full cost of the damage and you agree that the balance shall be paid by you directly to the Property Manager on demand.
2.5. Cancellations & Refunds
In general, if you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to the reservation. By using the KEY services, you agree to the following:
2.5.1. You are bound to any cancellation terms that you agree to for Accommodations.
2.5.2. The terms of any applicable cancellation policies are incorporated into these Terms, and You acknowledge that you have read and understand the cancellation policies that apply to the Accommodations You are booking.
2.5.3. You acknowledge and agree that refunds are only available in accordance with applicable cancellation policy.
2.5.4. You acknowledge and agree that the KEY Coordination Fee is non-refundable.
2.5.5. If you desire to cancel any Accommodation that You have booked, you must email us at email@example.com and clearly state that you are cancelling your booking. The time that our server receives your email will be the time that you have notified us of the cancellation and will be the time taken to be the cancellation date and time for the purposes of applying the terms of the applicable cancellation policy.
2.5.6. Contracts for Accommodation may allow Property Managers to cancel or amend bookings and reservations at any time. KEY will, to the best of its ability, notify you of any significant changes to your bookings and reservations when KEY has become aware of such changes. KEY accepts no liability for any changes or costs that You incur as a result of changes to Your bookings or reservations. Subject to the Property Manager’s terms and conditions, You may have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by the Property Manager, or canceling your booked arrangements and receiving any applicable refund.
2.5.7. If You arrive for check-in with a greater number of guests or animals than agreed upon for the Accommodation and violate the rules or restrictions associated with the Accommodation, the Property Manager may be entitled to not permit you to access the Accommodation. Violation of any rules or restrictions will be deemed a cancellation on the day of check-in and the applicable cancellation policy will apply.
2.5.8. Neither KEY, nor any Property Manager, will be responsible for any fees, costs or expenses that You incur in connection with a cancellation (including travel costs, event tickets, moving fees etc.). We recommend that you obtain adequate travel insurance to cover any bookings made through the KEY Service.
2.6. Disputes and Complaints
All disputes relating to Accommodations, either during check-in or the stay, are to be handled directly between You and the Property Manager. You acknowledge and agree that KEY is not a party to any of these disputes.
2.7. Accuracy of Information Responsibility
You acknowledge and agree that You are solely responsible for reviewing Your travel documents for accuracy. In addition, You acknowledge and agree that it is Your responsibility to review and confirm the accuracy of all details in the travel quotations and documents provided to You. Furthermore, You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s).
3.1. Roles + Obligations
You acknowledge and agree that KEY’s obligation to You is to (and You expressly authorize KEY to) book Experiences on your behalf and to arrange relevant contracts between you and Providers. Providers, and not KEY, will be responsible to you for the provision of the relevant Experiences. Any services provided by KEY are collateral to KEY’s relationship with Providers and separate to the provision of Experiences. You acknowledge that KEY is not a co-vendor of any Experiences.
You acknowledge and agree that You are solely responsible for confirming that You and anyone you invite meet minimum age, proficiency, fitness, or other requirements required by Provider for the Experiences. You are responsible for informing KEY or the Providers of any medical or physical conditions, or other circumstances that may impact Your ability to participate, attend, or use the Experiences.
When You book Experiences, You agree to pay all invoices and balances for Your booking, including the Item price and applicable fees like KEY’s coordination fee, taxes, and any other costs identified during checkout (collectively, “Total Price”).
3.3. Charges, Fees + Payments
KEY pricing includes all vendor taxes and fees. KEY charges a coordination fee for curating, booking and managing the Experiences (“KEY Coordination Fee”), as well as for use of the KEY Service. You acknowledge that KEY Coordination Fee is non-refundable and varies by Item, as outlined on the pricing details page.
KEY will collect payment from you by charging the payment method associated with your KEY account, such as a credit card or bank account (“Payment Method”) for the Total Price. When you add a Payment Method, you will be asked to provide billing information such as name, billing address, and financial instrument information on the KEY website and this information will be stored by a third-party payment processor. Additional terms and conditions may apply for the use of an alternative payment option.
KEY charges the Total Price due after the Experiences requested has been confirmed with Providers. Once the payment for your requested booking is successfully completed, you will receive a receipt confirmation via email.
3.5. Cancellations & Refunds
In general, if you cancel a booking or reservation for Experiences, the amount refunded to you is determined by the cancellation policy.
3.5.1. You are bound to any cancellation terms that you agree to for the Experiences.
3.5.2. The terms of applicable cancellation policies are incorporated into these Terms, and You acknowledge that you have read and understand the cancellation policies that apply to the Experiences you are booking.
3.5.3. You acknowledge and agree that refunds are only available in accordance with applicable cancellation policies.
3.5.4. You acknowledge and agree that the KEY Coordination Fee is non-refundable.
3.5.5. You acknowledge that each of the Experiences has its own cancellation policy. You acknowledge that You have read and accepted these cancellation terms and acknowledge that some cancellations of Experiences may result in 100% of the charge being non-refundable.
3.6. Accuracy of Information Responsibility
You acknowledge and agree that You are solely responsible for reviewing Your travel documents for accuracy. In addition, You acknowledge and agree that it is your responsibility to review and confirm the accuracy of all details in the travel quotations and documents provided to you. Furthermore, You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of Your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s).
You agree not to initiate a chargeback request or other proceeding on the payment card until (1) You have pursued a refund in accordance with the terms or policies provided by the Property Managers and Providers, as applicable; and (2) the expiration of any Arbitration proceeding requirements, in accordance with Section 6 below. You also agree not to initiate any chargeback requests with your payment card provider for any transactions that You authorize.
4.1. Fraudulent Chargebacks
In the event You initiate an unmerited or fraudulent chargeback request, You acknowledge and agree that You will pay all costs and expenses that KEY incurs in connection with such unmerited or fraudulent chargeback request, in addition to all of the Total Price that has not been paid. We will not tolerate chargeback fraud.
4.2. Unmerited Chargebacks
An unmerited chargeback includes, but is not limited to, disputing (1) charges made pursuant to the applicable cancellation policy; (2) charges made by KEY when you have not used reasonable efforts to resolve the dispute with KEY directly.
5. General Use
We invite You to use the KEY Service to explore, inquire about, book and reserve Accommodations and Experiences (“Permitted Purposes”).
By using the KEY Service, You represent, acknowledge and agree that You are at least 18 years of age, or if You are under 18 years of age but are at least 13 years old (a “Minor”), that You are using the KEY Service with the consent of Your parent or legal guardian and that You have received Your parent’s or legal guardian’s permission to use the KEY Service and agree to these Terms. If You are a parent or legal guardian of a Minor, You hereby agree to bind the Minor to these Terms and to fully indemnify and hold KEY harmless if the Minor breaches any of these Terms. If You are not at least 13 years old, You may not use the KEY Service at any time or in any manner or submit any information to KEY.
5.1.a. Standard Communication
By using the KEY website for booking Accommodations or Experiences, You agree to receiving electronic communications from KEY. These electronic communications may include notices about booking requests, applicable fees and charges, transactional information and other information related to Accommodations or Experiences provided through KEY. These electronic communications are part of Your relationship with KEY. You agree that any notices, agreements, disclosures or other communications that KEY sends You electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your mobile network’s data and messaging rates and fees may apply if you access the KEY website from a wireless-enabled device.
5.1.b. SMS Marketing
Supported carriers are: AT&T, Sprint, T-Mobile, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.
You must register an account (“KEY Account”) to access and use many features of the KEY Service including booking, reserving, modifying and receiving confirmation for Accommodations and Experiences. You must provide accurate, current and complete information during the registration process. You are responsible for maintaining the confidentiality and security of your KEY Account credentials. You can reset your password on the KEY website. If you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your KEY Account, you must immediately notify KEY by emailing firstname.lastname@example.org.
5.3. Third Party Providers
You may enter into correspondence with third parties, including Property Managers and Providers (each, a “Third Party”). Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between You and the Third Party. We make no representations with respect to such Third Party products or services, including Accommodations and Experiences; and You acknowledge and agree that KEY shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction or promotion between You and any such Third Party. In no event shall KEY be responsible for any content, products, services, or other materials available from such Third Party. We provide the KEY Service to you pursuant to these Terms. You recognize, however, that certain Third Parties may require your agreement; and KEY disclaims any and all responsibility or liability arising from such agreements between You and any Third Party.
You agree that KEY will not, under any circumstances, be responsible or liable, directly or indirectly, for any Experiences available on or through any Third Party websites and/or dealings or communications, or for any harm related thereto, or for any damages or loss caused or alleged to be caused.
5.4. Unauthorized Activities
We authorize Your use of the KEY Service and KEY website only for Permitted Purposes. Any other use of this KEY Service and KEY website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use. This is because as between You and KEY, all rights in this KEY Service and KEY website remain KEY’s property.
Unauthorized use of the KEY Service or KEY website may result in violation of various United States and international copyright laws. You are not authorized to use the KEY Service or KEY website in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
● For any public or commercial purpose which includes use of the KEY Service or KEY website on another site or through a networked computer environment;
● In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the KEY Service or KEY website;
● In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
● To stalk, harass, or harm another individual;
● To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
● To interfere with or disrupt the KEY Service or KEY website or servers or networks connected to the KEY Service or KEY website;
● To use any data mining, robots, or similar data gathering or extraction methods in connection with the KEY Service or KEY website; or
● Attempt to gain unauthorized access to any portion of this the KEY Service or KEY website or any other accounts, computer systems, or networks connected to the KEY Service or KEY website, whether through hacking, password mining, or any other means.
You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.
We can terminate access to your account, your ability to visit the KEY Service or KEY website for any reason or no reason, with or without notice. We may report actions we believe to be illegal to law enforcement authorities. We may cooperate with law enforcement agencies in any investigation of alleged illegal activity on the KEY Service, KEY website or on the Internet.
5.5. Proprietary Rights
Key.co and all content and information relating to or on the KEY Service or KEY website are protected by copyright as a collective work and/or compilation, under applicable U.S. and international copyright laws and conventions and database rights. Unless otherwise specified in these Terms, all of the data, pictures, logos, and information, including the arrangement of them on the KEY website or in connection with the KEY Service are Our sole property. You agree to abide by any and all copyright notices, information or restrictions contained in or relating to any content on the KEY Service and KEY website. Copying, storing or otherwise accessing the KEY Service or KEY website, or any content on the KEY Service or KEY website, other than for your personal, noncommercial use (other than in accordance with a valid listing) is expressly prohibited without Our prior written permission.
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
6. Dispute Resolution and Arbitration; Class Action Waiver
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to Accommodations or Services provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.
This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because We believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).
EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
6.1 Pre-Arbitration Claim Resolution.
For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing to Us at email@example.com the following information:
1. (a) Your name,
2. (b) Your address,
3. (c) A written description of Your Claim, and
4. (d) A description of the specific relief You seek.
If We do not resolve the Dispute within 45 days after receiving Your notification, then You may pursue Your Dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.
6.2 Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, Your or We may choose to pursue a Dispute in court and not by arbitration if:
(a) The dispute qualifies for initiation in small claims court; or
(b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at firstname.lastname@example.org the following information:
(1) Your name;
(2) Your address;
(3) A clear statement that You do not wish to resolve disputes with Us through arbitration.
Either way, We will not take any decision You make personally. In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.
6.3 Arbitration Procedures
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1.800.778.7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the KEY Service and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or We may initiate arbitration in either Texas or the federal judicial district that includes Your billing address. In the event that You select the latter, We may transfer the arbitration to New York so long as We agree to pay any additional fees or costs which the arbitrator determines You incur as a result of the transfer.
Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration fees and associated costs and expenses. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
6.4 Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and We specifically agree to do so following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of this KEY Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
6.5 Jury Waiver
You understand and agree that by accepting this Provision in these Terms, You and We are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of the KEY Service. Notwithstanding any provision in this Agreement to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the language in this Provision if a dispute between Us arises.
7. Disclaimer of Warranties; Limitation of Liability; Indemnification
7.1 Disclaimer of Warranties
KEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE KEY SERVICE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT KEY DOES NOT PROMISE YOU THAT THE KEY SERVICE IS FREE OF PROBLEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KEY MAKES NO WARRANTY THAT THEY KEY SERVICE OR KEY WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT KEY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE KEY SERVICE WILL BE CORRECTED. KEY MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE KEY SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE KEY SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE KEY SERVICE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.
7.2 Limitation of Liability
KEY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RELATING TO YOUR USE OF THE KEY SERVICES OR ANY ACCOMMODATION OR EXPERIENCES. IN NO EVENT SHALL KEY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF KEY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
To the maximum extent permitted by applicable law, You agree to release, defend, indemnify, and hold KEY (including KEY’s affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and account fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or a feature), (ii) your improper use of the KEY Service, (iii) your interaction with a Property Manager or Provider, stay at an Accommodation, participation in an Experience, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation, or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
7.4 Local Laws; Export Control
We control and operate the KEY Service from Our headquarters in the United States of America and the entirety of the KEY Service may not be appropriate or available for use in other locations. If You use the KEY Service outside the United States of America, You are solely responsible for following applicable local laws.
8.1 The Federal Arbitration Act, Texas state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the KEY Service will be heard in the courts located in Travis County, Texas. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about the KEY Service. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
8.2 No Waiver
KEY’s failure to enforce any right or provision in these Terms will not constitute a waiver of such rights or provisions unless acknowledged and agreed to by Us in writing. Except as expressly set forth in these Terms, the exercise by either party of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
KEY may use Your name as part of a general list of customers and may refer to You as a user and customer of the KEY Service in its general advertising and marketing materials.
8.2 California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This website and Service are provided by Key Travel Concierge, Inc., 98 San Jacinto Blvd. Suite 400 Austin, TX 78701. If You have a question or complaint regarding the website or Service, please contact Customer Service at email@example.com. You may also contact Us by writing Key Travel Concierge, Inc., 201 W. 5th St., Suite 1500, Austin, TX 78701. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at 916.445.1254 or 800.952.5210 or Hearing Impaired at TDD 800.326.2297 or TDD 916.322.1700.
8.3 Contact Us
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at firstname.lastname@example.org or Key Travel Concierge, Inc., 201 W. 5th St., Suite 1500, Austin, TX 78701
Last Updated: April 19, 2021