Terms of Use

Last updated: February 11, 2025.

These Terms of Service are a written contract (the “Terms”) between you and/or your company (collectively, “you”) and Private Villas International LLC (“Company,” “we” or “us”) and apply to your use of our websites and any mobile apps we provide. In these Terms, we refer to all our websites and apps as the “Website,” unless we’re only talking about our apps, in which case we refer to them as ‘Apps’.

If you don’t agree to these Terms, then you must stop using the Website.

Arbitration

These Terms contain an “Arbitration Agreement” where you waive your right to a jury trial and to bring a class action.

What is arbitration?

Legal disputes are usually resolved in a court of law in front of a judge and, sometimes, a jury. Court cases are a matter of public record. Arbitration is a less formal and more private way of resolving disputes. Instead of going to court, the parties give their arguments and evidence to an arbitrator, and the arbitrator decides who “wins” the case by applying the law in the same way that a judge would. In fact, many arbitrators are retired judges or lawyers. Instead of a courtroom, arbitrations are generally held in a private office, such as a conference room, or by videoconference.

What is our Arbitration Agreement?

Under these Terms, ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEBSITE, THESE TERMS, THE PRIVACY POLICY, OR ANY OF THE OTHER TERMS AND POLICIES LISTED IN THESE TERMS MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This means that we all agree that we will only resolve our legal disputes through arbitration and not in a court of law. Without this Arbitration Agreement, you would have the right to sue in court with a jury trial.

Please note that the Guest Booking Agreement has different terms for disputes specifically involving services provided, and events and property located, outside the United States, in which case, the laws of the local jurisdiction shall apply to the resolution of such disputes. See the Guest Booking Agreement for more details.

How will the arbitration work?

The arbitration must be filed and conducted through JAMS (www.jamsadr.com), which is a provider of arbitration services in the United States and internationally. JAMS’ Streamlined Rules will apply to the arbitration. All claims, remedies, and defenses that either you or we have under applicable law (whether federal, state, or local) will remain available to us in the arbitration. Each of us will participate in choosing a neutral arbitrator using the process in the Streamlined Rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place in person at the JAMS facility closest to your home. The arbitrator’s award will consist of a written statement explaining the arbitrator’s decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

What law will the arbitrator follow?

The laws of Delaware govern these Terms. The arbitrator will apply Delaware law to the claims in the arbitration.

Who pays for the arbitration?

In most cases, the only fee you will have to pay to JAMS is $250; we will pay all other arbitration costs. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more (or even all) of the JAMS fees for the arbitration.

The JAMS fees do not include attorneys’ fees. Regardless of who wins the claim, you will be responsible for paying your attorneys’ fees and we will be responsible for paying ours. The only exception is if the claim is brought under a law that specifically allows a party to recover its attorneys’ fees. If this applies, the arbitrator may award attorneys’ fees as they see fit under such law.

Are there any instances where a court will get involved?

Yes. There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as “equitable relief.” Either one of us can go to court and seek equitable relief, including by filing a motion to compel the other party to honor the arbitration agreement. However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts in Dover, Delaware. This exception for equitable relief does not waive our Arbitration Agreement.

Can I participate in a class action or mass arbitration?

You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. THIS MEANS CLASS ACTIONS ARE NOT ALLOWED.

In the event of multiple similar Demands for Arbitration filed against the Company by individual claimants represented by either the same law firm or law firms acting in coordination, the parties agree that such arbitrations shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines in effect at the time of filing. The parties expressly agree to the application of these procedures for any qualifying mass arbitration.

Separate Guest Booking Agreement

When you book a property through our Website, you’re agreeing to two sets of terms:

  • These Terms of Service: these Terms cover how you use our Website and general service provisions.
  • Our Guest Booking Agreement: This is a separate agreement that covers the specific details of your stay at a property.

The Guest Booking Agreement is really important. It includes things like check-in and check-out times, house rules, cancellation policies, and other key information about your stay. By making a booking through our website, you’re also agreeing to the terms in our Guest Booking Agreement. We strongly recommend you read it before completing your booking.

The Guest Booking Agreement is part of your contract with us when you book a property. If there’s any conflict between these Website Terms and the Guest Booking Agreement, the Guest Booking Agreement will apply for anything related to your specific booking and stay.

Third Parties

What are third parties?

Third parties are any person or business other than you or us—in other words, someone who is not a party to this Agreement. Here are a few examples of third parties:

  • Property owners. These third parties own the villas and other properties that are available for booking through the Website.
  • Our vendors. These third parties help us to run the Website. To do so, they may place cookies on your device or have access to your personal information. We address the exchange of information with our third-party vendors in our Privacy Policy.
  • Other users of the Website. While other users may have agreed to the terms of the Website, they are not party to this Agreement between you and us. Accordingly, when other users post Content to the Website, it is third-party Content—meaning neither you nor we are responsible for it.
  • Other websites or apps. The Website may contain links to other websites and apps that are operated by third parties. We may have relationships with some of these third parties, while with others, we do not.

Third-Party Content

Third-party Content includes any posts, uploads, messages, opinions, advice, statements, or other information posted to the Website by a third party. Third parties are solely responsible for their own Content. We do not review all third-party Content and do not guarantee that it is accurate, complete, or useful. We are not responsible for your reliance on third-party Content.

Third-Party Websites

The Website may contain links to third-party websites or apps. Some of these third parties may have a business relationship with us while others do not. We do not have control over the content or performance of a third-party website. Except where we’ve expressly indicated an affiliate relationship or other endorsement, we don’t represent or endorse third-party websites, apps, information, goods, or services.

Payments

Your Payments

You agree to pay Company all fees associated with any bookings or other purchases made by you through the Website.

To secure a booking with Company, you are required to submit a deposit equal to 50% of the total rental fee within two (2) business days of receiving the Guest Booking Agreement & Statement of Account. The remaining 50% of the rental fee is due no later than 65 days before the scheduled arrival date at the property. If the Agreement becomes binding within 65 days of the arrival date, you must pay the total rental fee to Private Villas International LLC to secure the reservation.

Should full payment not be received prior to your arrival at the property, we reserve the right to cancel the booking. This cancellation may result in you forfeiting any deposit paid.

Credit Card On File

A credit card is required to hold a reservation and may be charged to pay for incidental charges and other fees incurred during your stay. If any costs or damages, including but not limited to: additional cleaning fees, property damage expenses, unauthorized pool heat charges, regulatory fines, or charges for unauthorized guests or pets, are discovered during or within a reasonable amount of time after your stay, we reserve the right to charge your credit card on file for said amounts. No charges will be processed without prior written notice.

Cancellation and Refund Policy

ALL BOOKINGS CREATED WITHIN 65 DAYS OF THE SCHEDULED ARRIVAL DATE AT THE PROPERTY ARE NON-REFUNDABLE.

ALL BOOKINGS THAT INCLUDE EITHER CHRISTMAS (DECEMBER 25TH) OR NEW YEAR’S (DECEMBER 31 and/or JANUARY 1) ARE NON-REFUNDABLE.

All other bookings have a 65-day cancellation policy. If you cancel your reservation 65 days or more prior to your scheduled arrival date, you will qualify for a refund of any fees paid in association with your booking **LESS ANY PROCESSING FEES or ACCIDENTAL DAMAGE PROTECTION FEES.**ALL PROCESSING FEES AND ACCIDENTAL DAMAGE PROTECTION FEES ARE NON-REFUNDABLE REGARDLESS OF THE TIMING OF YOUR CANCELLATION.

Your User Account and Content

Your Account

We may ask you to create a user account (your “Account”) to access certain parts of the Website. You promise that you will only provide complete and accurate information to us in connection with your Account. This means you cannot set up your Account in a manner that impersonates another person or business. If you violate this policy, we may terminate your Account and delete all your Content.

Account Security

It is up to you to ensure your username and password are secure. You agree not to share your Account login details with anyone else. If you believe your Account has been accessed without your permission, you should immediately notify us.

Your Content

We refer to all content uploaded, posted, or communicated to or through the Website as “Content.” Your Content includes your posts and status updates, images, photographs, profile pictures and information, video and audio recordings, artwork, music, literary works, gifs, memes, reviews, comments, ratings, and your interactions with other users through the Website (both public and private messages). Your Content includes all Content posted through your Account, regardless of whether you personally posted it.

It is up to you to make sure that your Content obeys these Terms and the law. It is not an excuse to say you did not understand the law, that you were simply reposting another user’s Content, or that you’ve seen similar Content posted by others. Once you decide to post it, the Content becomes your responsibility.

Legal and abusive content

You agree not to post any of the following types of content:

  • Infringing Content. Infringing Content is any content that does not belong to you and for which you have not obtained permission from the owner to post it. For example, any photograph you did not personally take is infringing content; however, if your friend took a photograph and gave you permission to post it on the Website, it is no longer infringing.
  • Illegal or Obscene Content. Any content prohibited by law—such as child pornography—is also prohibited on the Website. We also prohibit obscene content, including depictions of violence, rape, drug use, and similar illegal acts, whether fictionalized or real. We do not allow content containing pornography, depictions of sexual acts, or nudity on the Website, whether legal or not.
  • Threatening, Defamatory, or Invasive Content. We do not allow any content that threatens or spreads misinformation about other users or persons. We do not allow any content that violates a user’s privacy, such as doxing. The enforcement of this policy is at our sole discretion. This means that we are not obligated to remove content simply because you feel it is dishonest or threatening.
  • Commercial Solicitations or “Spam.” Do not post content that solicits other users or constitutes spam. Spammy comments are a quick way to get your account terminated. If you see other users posting spam, please report it. We appreciate your help in keeping the Website spam-free.

When you post prohibited content, you create legal problems for yourself

and
our Company. If a third party brings any legal claims against us regarding your content, you agree to indemnify, defend, and hold us harmless against all such claims arising from your content. This means you will pay all attorneys’ fees and other costs we incur to defend the Company in a lawsuit related to your content. As you can see, it’s easier and cheaper to simply not post prohibited content in the first place.

To prevent such claims, we reserve the right to remove or edit your content, although we are not obligated to do so and do not routinely conduct such reviews.

Reviews

If your Content contains any reviews or comments—including reviews of the Website, properties, booking process and fees, and Company—you represent that such reviews and comments are true and accurately represent your experience. You understand and agree that, pursuant to the license granted in your Content, Company will have the right to republish all or part of your reviews and comments on the Website, Company’s social media accounts, advertising, and other media as Company deems fit.

Mobile Apps and Communications

Mobile Networks

When you access the Website or Products through a mobile network, your mobile provider’s rates and fees regarding data usage, minutes, and messaging may apply. Your network or device may have limitations that prevent all Apps or Products from working properly.

Apps and Software

When you use an App or other software Product, you may be given the opportunity to turn on or off certain permissions for us to access your device or Third-Party accounts. For example, we may ask for permission to track your activity across Third-Party apps. For Apps, your ability to give or revoke such permissions is located within the general platform settings for your device and is not controlled by us.

By downloading and/or installing any App or other software Product, you consent to receive automatic software updates, where available.

Consent to Receive Electronic Messages

You consent to receive electronic communications from us, such as text messages, emails, and mobile push notifications. Where required by law, we will provide you an additional, express opportunity to opt-in to receive such messages. You can always opt out of receiving electronic communications as follows:

  • For email, click on the “unsubscribe” link in the email and follow any subsequent directions.
  • For text messages, respond STOP.
  • For mobile push notifications, change your App permissions in the general settings of your mobile device.

For text messages, standard messaging rates may apply. You agree that all texts, calls, and prerecorded messages may be generated by automated dialing systems.

Intellectual Property

Your License to Use the Website

So long as you comply with the terms of this Agreement (including all additional policies linked below), Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Website. This license does not allow you to reproduce, modify, duplicate, copy, sell, resell, distribute, transmit, or otherwise exploit (for any commercial purpose or otherwise) any part of the Website—including the Content of other users—unless you first obtain our written permission. We reserve all rights not expressly granted in this Agreement. If you breach any provision of this Agreement, your license will automatically terminate.

Company’s License to Your Content

You are always the owner of your Content; however, we require a license from you to legally display your Content on the Website. Without this license, we could not allow you to upload any Content. Accordingly, you grant to Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or in the future created.

Use of Your Content to Promote the Website

As we explain above, we may use your reviews and comments to promote the Website. Aside from these reviews and comments, we will not use your Content in advertising without first obtaining your permission.

Our Intellectual Property

Our name, logo, Product names, the Website domain, and all content and other materials available through the Website other than your Content (collectively, the “Company IP”) are trademarks, copyrights, and intellectual property that are owned by Company and our Third Party licensors and suppliers. Nothing in this Agreement grants you any right, title, license, or interest in the Company IP. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of, the Company IP.

Our Company IP includes various materials such as information, data, software, photographs, videos, typefaces, and graphics, which are provided and owned by Company. This Company IP is managed across various platforms and websites operated by Company and its subsidiaries. These materials are protected by proprietary rights, including copyrights, trademarks, service marks, and trade secrets, with Company holding exclusive rights, title, and interest in and to all Company IP and technology used in our Services.

Company owns the copyright in the selection, coordination, arrangement, and enhancement of the Company IP across all its platforms and services. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Company IP, in whole or in part, without the prior written permission from Company. Moreover, you may not upload, post, reproduce, or distribute any Company IP protected by copyright without our written permission, except as provided by the fair use privilege under the U.S. copyright laws.

Copyright Infringement and Our DMCA Policy

Just as we ask you and other users to respect our intellectual property rights, we respect that of others. We follow the notice and takedown procedures in the Digital Millennium Copyright Act (“DMCA”).

If you believe Content on the Website violates your copyright, please immediately notify Company by emailing a DMCA takedown notice (“Infringement Notice”) to us. Your Infringement Notice should include all the information described below:

  • Identification of your copyrighted work.
  • A description of the Content you believe infringes your copyright (the “Infringing Content”). Your description should include enough information about the nature and location of the Infringing Content to allow us to locate it on the Website.
  • Your name, address, telephone number, and email address.
  • The name, address, telephone number, email address, or other information (for example, username) of the user who posted the Infringing Content.
  • A written statement by you that:
    • you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by the copyright owner or by law; and
    • you declare, under penalty of perjury, that all the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
  • Your signature, whether electronic or physical, as the copyright owner or a person authorized to act on behalf of the copyright owner.

You should send your Infringement Notice to info@privatevillasmexico.com with the subject line “DMCA Infringement Notice: [INSERT YOUR NAME]”. We will respond to all compliant Infringement Notices by taking any action required under the DMCA.

Please note that the DMCA requires that your Infringement Notice be submitted in good faith. This means you are required to evaluate whether the use of your Content on the Website is a “fair use,” as fair uses are allowed under the law. If you are not sure if the Infringing Content infringes your copyright, you should consult with an attorney. If you submit an Infringement Notice in bad faith, the user who posted the Infringing Content could have legal claims against you.

Infringement Notices are not anonymous. If we act in response to your Infringement Notice—such as by removing the Infringing Content—we will pass on your Infringement Notice to that user to afford them an opportunity to respond.

Prohibited Conduct

We impose certain restrictions on your use of the Website. You are prohibited from doing any of the following:

  • providing false, misleading, or inaccurate information to Company or any other person in connection with your Account, your bookings (e.g., falsifying your age or number of guests), or the Website;
  • impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity;
  • accessing the Account of any other user;
  • modifying or changing the placement and location of any advertisement posted through the Website;
  • harvesting or collecting information about users, including email addresses and phone numbers;
  • using any engine, software, tool, agent, or other device or mechanism (such as browsers, spiders, robots, avatars, AI, or intelligent agents) to harvest or collect information from the Website for any use, including any use on another website, app, or media;
  • accessing content or data not intended for you, or logging into a server or account that you are not authorized to access;
  • attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures;
  • interfering with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware, exploiting vulnerabilities, or through a DDoS attack;
  • forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers);
  • while using the Website, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising;
  • attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Website, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions or clicks generated by specific Content and/or the Website;
  • creating additional Accounts to promote yourself, your business, or a Third Party (or another’s) business, or causing others to do so; or
  • paying or accepting payment from anyone for interactions on the Website, including paying for likes, reviews, and comments.

Disclaimers and Limitations

No Warranties

A warranty is a promise made by a business to a consumer about the business’s products or services. The law assumes a business has made certain warranties unless it disclaims them. When a business “disclaims” a warranty, it is the equivalent of saying “we are not making this promise to you.”

UNLESS WE EXPRESSLY WARRANT SOMETHING IN THIS AGREEMENT, WE DISCLAIM ANY AND ALL WARRANTIES TO YOU, INCLUDING EACH OF THE FOLLOWING WARRANTIES: ALL WARRANTIES ARISING BY OPERATION OF LAW OR OTHERWISE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES.

WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE DO NOT WARRANT THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL FUNCTION ERROR-FREE.

Limitation of Liability

This section limits the types of claims you can bring against us. These limitations help us reduce the risks associated with providing the Website and Services—in fact, we could not provide them otherwise.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST CONTENT OR OTHER DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY, INCLUDING GOOD FAITH OR REASONABLE CARE. THESE LIMITATIONS APPLY REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES.

Miscellaneous Provisions

Minimum Age

You represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if different than 18). Please note that the minimum age for completing any bookings is 25.

Corporate Use

If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act on behalf of that company, including by agreeing to binding contracts.

Electronic Notice

You consent to receive notices, disclosures, and other communications electronically at the email address linked with your Account. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

Survival

The provisions of this Agreement which, by their nature, should survive termination shall survive such termination, including the sections entitled ARBITRATION, INTELLECTUAL PROPERTY, DISCLAIMERS AND LIMITATIONS, and MISCELLANEOUS PROVISIONS.

Severability

If any provision of this Agreement is declared invalid, void, or unenforceable, then that provision is severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.

No Waiver

A waiver by either you or Company of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

Changes

Internet technology and the applicable laws, rules, and regulations change frequently. We may need to make changes to this Agreement and the Privacy Policy from time to time, including to keep up with changes in the law. If we make a material change, we will notify you in advance so you can decide whether you want to continue using the Website after the change takes effect. Your continued use of the Website after the change constitutes your consent to the updated Agreement or Privacy Policy. It is up to you to keep the email address associated with your Account up to date so that you don’t miss any such notifications.

Our Other Terms and Policies

We take your privacy very seriously. Our Privacy Policy (the “Privacy Policy”) is a part of this Agreement and is incorporated by reference. The Privacy Policy contains details about how information is collected from you through the Website, how it is used and shared with our service providers, and what your rights are with respect to such information. The Privacy Policy is available at https://www.privatevillasmexico.com/terms/cookie-privacy-policy.

In addition to the Privacy Policy, the following additional policies govern your use of and interactions initiated through the Website, which are incorporated into this Agreement by reference:

Guest Booking Agreement

Concierge Services Policy