Terms of Service | The Estate Reserve

1. Acceptance of Terms

By accessing or using The Estate Reserve ("TER") website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, please do not use our services. These Terms constitute a legally binding agreement between you and TER PR LLC, a Puerto Rico limited liability company. You acknowledge that you have read these Terms in their entirety, have had the opportunity to consult with an attorney, and are entering into these Terms voluntarily and with full understanding of their consequences.

2. Defined Terms

For purposes of these Terms of Service, the following capitalized terms shall have the meanings ascribed to them below. Terms not defined herein shall have the meanings assigned to them in context or in the applicable referenced policy.

"Agreement" means these Terms of Service together with all policies, guidelines, and supplemental terms referenced herein, including but not limited to the Privacy Policy, Booking Terms & Conditions, Cancellation & Refund Policy, Cookie Policy, Nondiscrimination Policy, Host & Property Owner Terms, Accessibility Statement, and Experience & Service Terms, all of which are incorporated herein by reference.
"Booking" means any reservation, order, or engagement made through the Platform for a property rental, Experience Service, or any combination thereof.
"Experience Services" means all non-property-rental services offered, facilitated, or arranged through the Platform, including without limitation: yacht charters, private aviation services, golf cart rentals, culinary and dining experiences, wellness and spa services, curated events and entertainment, seasonal adventure activities, executive transportation, and AI-powered concierge services.
"Guest" means the primary booking holder (the individual who made the Booking) together with all persons included in, authorized under, or accompanying any Booking.
"Host" means the property owner, property manager, or authorized representative who lists a property on the Platform for short-term rental.
"Platform" means the website located at theestatereserve.com, all associated subdomains, mobile applications, progressive web applications, APIs, and any other digital interface operated by TER through which the services are accessed or delivered.
"Service Provider" means any third-party individual, company, operator, or contractor engaged in delivering Experience Services arranged or facilitated through the Platform.
"TER" or "The Estate Reserve" means TER PR LLC, a limited liability company organized and existing under the laws of the Commonwealth of Puerto Rico, together with its subsidiaries, affiliates, officers, directors, members, employees, and agents, unless the context requires otherwise.
"User" means any individual or entity that accesses, browses, registers on, or otherwise uses the Platform, whether or not such individual or entity makes a Booking.

3. Interpretation

The following rules of interpretation shall apply to these Terms unless the context otherwise requires:

Headings and section titles are included for convenience of reference only and shall not affect the construction, interpretation, or meaning of these Terms.
Words importing the singular include the plural and vice versa; words importing a gender include every gender; and words importing persons include corporations, partnerships, limited liability companies, trusts, unincorporated associations, and other legal entities.
The words "including," "includes," "such as," "for example," and similar expressions shall be construed as illustrative and shall mean "including without limitation" and shall not be construed to limit any general statement to the specific or similar items or matters immediately following it.
References to any statute, law, regulation, or ordinance include all amendments, modifications, re-enactments, and successor legislation thereto, as well as all rules and regulations promulgated thereunder.
References to "days" mean calendar days unless "business days" is expressly specified. Business days exclude Saturdays, Sundays, and federal holidays observed in the United States.
References to "written" or "in writing" include communications sent by electronic mail, messages submitted through the Platform, and any other form of electronic communication that creates a permanent record.
Any obligation on a party not to do something includes an obligation not to allow, cause, permit, or suffer that thing to be done by any other person or entity under such party's control or direction.
References to any agreement or document include all amendments, supplements, replacements, novations, and restatements thereof from time to time.
Where any provision requires the consent or approval of TER, such consent or approval may be granted or withheld in TER's sole and absolute discretion, unless expressly stated otherwise.

4. Eligibility

The primary booking holder must be at least twenty-one (21) years of age and have the legal capacity to enter into binding agreements. All other users of the platform must be at least 18 years of age. By using our services, you represent and warrant that you meet these requirements, are not located in a country subject to U.S. government sanctions (including OFAC-designated countries), and have not been previously suspended or terminated from the platform.

5. Service Description & Relationship Disclaimer

The Estate Reserve provides a curated platform for luxury vacation property rentals. TER acts solely as a booking facilitator between guests and independent property owners/managers. TER does not own, control, operate, or manage the properties listed on the platform, unless expressly stated. TER is not responsible for the condition of properties, the conduct of property owners, or the accuracy of property listings beyond the information provided to us. Nothing in these Terms creates a joint venture, partnership, employment, franchise, or agency relationship between TER and any user, property owner, or third party. Property owners and managers are independent contractors and not employees, agents, or representatives of TER.

5.1 Service Verticals

In addition to luxury property rentals, TER facilitates, arranges, or provides access to the following Experience Services through the Platform and its concierge team:

Property Rentals: Curated luxury vacation homes, estates, villas, and penthouses in Puerto Rico, Florida, and other select destinations.
Yacht Charters: Private sailing and motor yacht charters, crewed and bareboat, for day trips, sunset cruises, island-hopping excursions, and multi-day voyages.
Private Aviation: Charter flights, helicopter transfers, scenic aerial tours, and related aviation concierge services arranged through licensed third-party operators.
Golf Cart Rentals: Electric and gas-powered golf cart rentals for use within designated resort communities, gated developments, and approved areas.
Culinary & Dining Experiences: Private chef services, farm-to-table dining, wine tastings, cooking classes, and curated gastronomic events.
Wellness & Spa Services: In-villa massage therapy, yoga instruction, meditation sessions, hydrotherapy, and holistic wellness programs provided by licensed practitioners.
Curated Events & Entertainment: Private events, celebrations, live entertainment, cultural excursions, and bespoke itinerary planning.
Seasonal Adventures: Guided outdoor activities including but not limited to deep-sea fishing, snorkeling, scuba diving, surfing, hiking, horseback riding, and eco-tours.
Executive Transport: Luxury ground transportation, airport transfers, chauffeured vehicles, and VIP transportation logistics.
AI Concierge: Intelligent virtual concierge services powered by artificial intelligence for booking assistance, itinerary recommendations, and real-time guest support.

5.2 Experience Services — Additional Terms

Additional terms, conditions, and liability provisions specific to Experience Services are set forth in our Experience & Service Terms, which are incorporated herein by reference. In the event of a conflict between these Terms and the Experience & Service Terms with respect to any Experience Service, the Experience & Service Terms shall control to the extent of such conflict. Your Booking or use of any Experience Service constitutes acceptance of the Experience & Service Terms.

6. User Accounts

When creating an account or booking, you agree to:

Provide accurate, current, and complete information.
Maintain the confidentiality of your account credentials.
Accept responsibility for all activities under your account.
Notify us immediately of any unauthorized access.
Consent to identity verification, including government-issued ID and, for bookings exceeding $10,000, verification of source of funds, as required by applicable anti-money laundering laws.

7. Intellectual Property

All content on The Estate Reserve website — including text, images, logos, videos, and design — is owned by TER or its licensors and protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without prior written consent. Unauthorized use of "The Estate Reserve" name, logo, or materials is subject to injunctive relief. Automated data collection, scraping, or crawling of TER's platform is prohibited; violators are subject to statutory damages of $25,000 per occurrence.

8. User Content & Licenses

By submitting reviews, photos, or other content ("User Content") through our platform, you grant TER a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and display such content in connection with our services, including after account termination (for historical bookings and disputes). You represent that you own or have the necessary rights to grant this license and that your content does not infringe on any third party's rights. Guests have the right to leave honest reviews. Hosts and property owners may not threaten legal action, retaliate, or impose penalties against guests for truthful reviews.

9. DMCA & Copyright

If you believe content on our platform infringes your copyright, please send a DMCA takedown notice to our designated Copyright Agent at legal@theestatereserve.com. Your notice must include: identification of the copyrighted work, identification of the infringing material, your contact information, a statement of good faith belief, and a statement under penalty of perjury that your claim is accurate.

10. Prohibited Conduct

You agree not to:

Use the platform for any unlawful purpose.
Attempt to gain unauthorized access to our systems or other users' accounts.
Scrape, data mine, or use automated means to access our website or collect data.
Post false, misleading, or fraudulent information.
Interfere with other users' use of the platform.
Discriminate against or harass any person based on race, gender, religion, disability, sexual orientation, or any other protected characteristic.
Attempt to circumvent the platform to avoid fees or facilitate direct transactions.
Use the platform to promote or engage in illegal activities.
Install surveillance devices (cameras, audio recorders) in private areas of rental properties, including bedrooms, bathrooms, and private outdoor spaces.
Use the platform or any booking to structure financial transactions, launder money, or evade reporting requirements.
Initiate fraudulent chargebacks or payment disputes as a means to avoid legitimate charges.

11. Assumption of Risk

You acknowledge and voluntarily assume all risks associated with the use of vacation rental properties, including but not limited to: swimming pools and hot tubs (heated and unheated), ocean and beach access, natural terrain and wildlife, stairs, balconies, and elevated areas, water sports equipment, golf carts and ATVs, cooking facilities, and sun and weather exposure. You agree that TER, as a booking facilitator, has no duty to inspect properties, provide safety equipment, or supervise your use of property amenities. You use all property amenities entirely at your own risk. TER strongly recommends that all guests obtain comprehensive travel insurance prior to their trip.

11.1 Maritime & Water Activity Risks

Yacht charters, boat excursions, snorkeling, scuba diving, surfing, jet skiing, kayaking, paddleboarding, deep-sea fishing, and all other maritime and water-based activities involve inherent and substantial risks including but not limited to: drowning, hypothermia, decompression sickness, marine animal encounters (including jellyfish, sharks, and venomous species), vessel collision, equipment failure, capsizing, sudden weather changes, and exposure to open ocean conditions. You acknowledge that these activities may be conducted in remote locations where emergency medical services are not immediately available.

11.2 Aviation Risks

Private aviation services, helicopter transfers, scenic aerial tours, and all other aviation-related Experience Services involve inherent risks including but not limited to: turbulence, mechanical failure, adverse weather conditions, forced landings, and other incidents associated with flight. All aviation services are provided by independently licensed and insured third-party operators; TER does not operate, maintain, or certify any aircraft.

11.3 Motor Vehicle & Golf Cart Risks

Golf cart rentals, ATV use, and other motorized vehicle activities involve risks including but not limited to: collision, rollover, ejection, mechanical failure, uneven terrain, pedestrian encounters, and operator error. Operators must hold a valid driver's license, comply with all applicable traffic laws and community rules, and refrain from operating vehicles under the influence of alcohol or controlled substances. Passengers under 16 years of age must be accompanied by an adult at all times.

11.4 Adventure & Expedition Activity Risks

Guided outdoor activities, eco-tours, hiking, horseback riding, zip-lining, and other adventure or expedition activities involve risks including but not limited to: falls, animal encounters, insect bites and stings, exposure to extreme weather, altitude sickness, dehydration, getting lost in remote terrain, and physical overexertion. You represent that you are in adequate physical condition to participate in any adventure activity you book and that you have disclosed any relevant medical conditions to the Service Provider prior to participation.

11.5 Wellness & Spa Treatment Risks

Massage therapy, yoga, hydrotherapy, acupuncture, and other wellness treatments involve risks including but not limited to: allergic reactions to oils, lotions, or topical products, aggravation of pre-existing medical conditions, muscle strain, skin irritation, and adverse reactions to heat or cold therapy. You are responsible for disclosing all relevant medical conditions, allergies, pregnancies, and medications to your wellness practitioner prior to treatment. Wellness practitioners are independent licensed professionals and not employees of TER.

11.6 Culinary Experience Risks

Private chef services, cooking classes, wine tastings, and other culinary experiences involve risks including but not limited to: allergic reactions to food ingredients (including but not limited to nuts, shellfish, gluten, dairy, soy, and eggs), foodborne illness, burns, cuts, and alcohol-related impairment. You are solely responsible for communicating all dietary restrictions, food allergies, and food sensitivities to the Service Provider and to TER at the time of booking. TER and its Service Providers do not guarantee allergen-free environments or meals.

11.7 Cross-Reference to Experience & Service Terms

Detailed activity-specific terms, safety requirements, liability limitations, cancellation policies, and participant obligations for all Experience Services are set forth in the Experience & Service Terms. By booking or participating in any Experience Service, you acknowledge that you have read, understood, and agreed to the applicable provisions of the Experience & Service Terms in addition to these Terms of Service.

12. Communications Consent

By providing your email address, phone number, or WhatsApp contact, you expressly consent to receive transactional and service-related communications from TER, including booking confirmations, payment receipts, check-in instructions, concierge messages, and emergency notifications. These transactional communications are not marketing and cannot be opted out of while you have an active booking. You may separately consent to receive promotional and marketing communications; you may opt out of marketing communications at any time by following the unsubscribe instructions in any marketing email or by contacting concierge@theestatereserve.com. Concierge phone calls may be recorded for quality assurance, training, and dispute resolution purposes. By calling our concierge line, you consent to the recording of the call in accordance with applicable law.

13. Taxes & Fees

The total price displayed at checkout includes all applicable fees. TER collects and remits applicable occupancy taxes, tourist development taxes, sales taxes, and resort fees on behalf of guests as required by law. Tax rates vary by property location and may include, without limitation: Florida Tourist Development Tax, Puerto Rico Room Tax, and other local or municipal taxes. The specific tax breakdown for your booking will be itemized on your invoice. No additional fees will be added after checkout except for verified damages, policy violations, or charges described in your signed occupancy agreement.

14. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. TER DOES NOT GUARANTEE THE AVAILABILITY, QUALITY, SAFETY, OR LEGALITY OF ANY LISTED PROPERTY, THE TRUTH OR ACCURACY OF ANY LISTING, OR THE PERFORMANCE OF ANY PROPERTY OWNER OR GUEST.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TER'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE LESSER OF (A) THE TOTAL FEES PAID BY YOU TO TER IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $500 USD. IN NO EVENT SHALL TER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. WITHOUT LIMITING THE FOREGOING, TER IS NOT LIABLE FOR: (I) PROPERTY CONDITIONS, DEFECTS, OR HAZARDS AT ANY LISTED PROPERTY; (II) THE ACTS, OMISSIONS, OR CRIMINAL CONDUCT OF PROPERTY OWNERS, GUESTS, OR THIRD PARTIES; (III) PERSONAL INJURY OR PROPERTY DAMAGE OCCURRING AT ANY LISTED PROPERTY; (IV) FORCE MAJEURE EVENTS; OR (V) THE ACCURACY OF PROPERTY LISTINGS, PHOTOS, OR DESCRIPTIONS.

16. Dispute Resolution & Arbitration

Any dispute arising from these Terms shall be resolved through the following process:

Informal Resolution: You agree to first attempt to resolve any dispute by contacting us at legal@theestatereserve.com. We will attempt to resolve the dispute informally for 30 days.
Binding Arbitration: If unresolved after 30 days, either party may commence binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration shall take place in Miami-Dade County, Florida. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including whether a claim is subject to arbitration.
Small Claims Exception: Either party may bring an individual action in small claims court in Miami-Dade County, Florida, for claims within that court's jurisdictional limits.
Injunctive Relief Exception: Nothing in this arbitration provision prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or data security.
Opt-Out Right: You may opt out of this arbitration agreement by sending written notice to legal@theestatereserve.com within 30 days of first accepting these Terms. Your notice must include your full name, email address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, the remaining Terms continue in full force.

17. Class Action Waiver

YOU AND TER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against TER. Both parties waive the right to a trial by jury. Any person who brings a claim against TER in violation of the arbitration and class action waiver provisions shall be liable to TER for TER's reasonable attorney's fees and costs incurred in defending such claim.

18. Limitation on Claims

Any claim arising from or related to these Terms must be filed within one (1) year after the date the cause of action accrued. Claims filed after this period are permanently barred. Time is of the essence with respect to all deadlines, time periods, and obligations set forth in these Terms.

19. Chargebacks & Payment Disputes

You agree to contact TER at legal@theestatereserve.com before initiating a chargeback or payment dispute with your financial institution. Initiating a chargeback without first following TER's dispute resolution process constitutes a violation of these Terms. TER reserves the right to: (a) contest any chargeback and provide evidence of the valid transaction; (b) suspend your account and any active bookings pending resolution; (c) pursue collection of amounts owed, including through third-party collection agencies; (d) permanently ban your account from the platform; and (e) recover reasonable attorney's fees and costs incurred in responding to fraudulent or abusive chargebacks.

20. Third-Party Services & Concierge Arrangements

Our platform integrates with third-party services including Stripe (payments), Google Calendar (scheduling), and various analytics providers. TER may also arrange or recommend third-party concierge services, including private chefs, transportation, excursions, spa services, and other experiences. Your use of all third-party services is subject to their respective terms and privacy policies. TER is not responsible for the availability, accuracy, quality, safety, or conduct of any third-party services. TER acts solely as a referral source for concierge arrangements and is not liable for any injury, loss, or damage arising from third-party service providers.

20.1 Third-Party Service Categories

TER facilitates or arranges access to the following categories of third-party Service Providers. Each category is operated by independent, licensed professionals or companies that are not employees, agents, or joint venturers of TER:

Yacht Charter Operators: Licensed and insured maritime operators providing sailing vessels, motor yachts, catamarans, and crewed charter services. All vessels are subject to applicable U.S. Coast Guard, Puerto Rico Maritime Transportation Authority, and/or Florida Fish and Wildlife Conservation Commission regulations.
Private Aviation Operators: FAA Part 135 certificated air carriers and helicopter operators providing charter flights, transfers, and aerial tours. TER does not hold an air carrier certificate and does not operate, maintain, or dispatch any aircraft.
Private Chefs & Culinary Professionals: Licensed food service professionals providing in-villa dining, catering, cooking instruction, and related culinary experiences. All chefs maintain their own food handler certifications and liability insurance.
Wellness Practitioners: Licensed massage therapists, yoga instructors, personal trainers, aestheticians, and holistic wellness professionals. All practitioners maintain active professional licenses as required by the jurisdiction in which services are rendered.
Event Coordinators & Entertainment Providers: Professional event planners, DJs, musicians, floral designers, photographers, and other entertainment and event service professionals.
Adventure Guides & Outfitters: Certified and insured guides for fishing, diving, snorkeling, hiking, horseback riding, eco-tours, and other outdoor recreation activities.
Transportation Providers: Licensed limousine services, car rental agencies, chauffeur services, and airport transfer operators.

20.2 Experience & Service Terms Cross-Reference

Your use of any Experience Service is additionally governed by the Experience & Service Terms, which set forth specific booking, cancellation, liability, safety, and participant eligibility provisions for each service category. In the event of a conflict between these Terms and the Experience & Service Terms regarding any Experience Service, the Experience & Service Terms shall prevail.

21. Indemnification

You agree to indemnify, defend, and hold harmless TER PR LLC, its officers, directors, members, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees and court costs) arising from or related to: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any rights of a third party; (d) your conduct at any listed property; (e) any damage you cause to a listed property; or (f) any dispute between you and a property owner or other guest.

22. Termination

TER may suspend or terminate your access to the services at any time, with or without cause, and with or without notice. For non-emergency terminations (quality, performance, or policy issues), TER will provide 30 days' written notice where reasonably practicable. For fraud, safety threats, illegal activity, or material breach, TER may terminate immediately without notice. You may appeal a termination decision by submitting a written appeal to legal@theestatereserve.com within 14 days. Upon termination, your right to use the services ceases immediately. TER shall not be liable for any damages arising from termination, including lost revenue, lost bookings, or reputational harm. Sections that by their nature should survive termination shall survive, including but not limited to: Intellectual Property, Assumption of Risk, Disclaimers, Limitation of Liability, Dispute Resolution, Class Action Waiver, Indemnification, and all General Provisions.

23. Force Majeure

TER shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond TER's reasonable control, including but not limited to: natural disasters, pandemics, epidemics, government orders or restrictions, war, terrorism, civil unrest, strikes, utility failures, internet or telecommunications outages, cyberattacks, or acts of God. During a force majeure event, TER's obligations are suspended for the duration of the event. This provision does not override guest refund rights under the Cancellation & Refund Policy for events that render a booked property uninhabitable.

24. Compliance & Sanctions

TER complies with all applicable U.S. laws and regulations, including the Bank Secrecy Act, anti-money laundering ("AML") requirements, and the Office of Foreign Assets Control ("OFAC") sanctions programs. TER reserves the right to: (a) screen all users against OFAC sanctions lists and other government watchlists; (b) request government-issued identification and verification of source of funds for any booking; (c) freeze funds and delay payouts pending investigation of suspected fraud or money laundering; (d) file Suspicious Activity Reports ("SARs") with FinCEN as required by law; and (e) decline or cancel any booking at its sole discretion where TER suspects fraud, money laundering, or sanctions evasion.

25. Puerto Rico-Specific Provisions

The following provisions apply to all Users who book properties or Experience Services located in or departing from the Commonwealth of Puerto Rico. These provisions supplement the general Terms set forth above and shall be interpreted in harmony therewith; however, in the event of a direct conflict between these Puerto Rico-specific provisions and the general Terms, these provisions shall prevail with respect to services rendered in Puerto Rico.

25.1 Puerto Rico Tourism Company Compliance

TER is registered with the Puerto Rico Tourism Company (Compania de Turismo de Puerto Rico) in accordance with the Puerto Rico Tourism Company Act (Act No. 10 of June 18, 1970, as amended). All short-term vacation rental properties listed on the Platform in Puerto Rico are required to comply with applicable Puerto Rico Tourism Company regulations, including registration and licensing requirements. TER cooperates with the Puerto Rico Tourism Company in regulatory inspections and compliance matters.

25.2 Consumer Protection

Puerto Rico consumer protection laws, including but not limited to Ley Num. 75 de 24 de junio de 1964 (Dealers' Contracts Act), where applicable, and the Puerto Rico Department of Consumer Affairs (DACO) regulations, may provide additional protections to consumers engaging in transactions in Puerto Rico. Nothing in these Terms shall be interpreted to waive, limit, or otherwise diminish any rights afforded to you by mandatory Puerto Rico consumer protection statutes. To the extent that any provision of these Terms is inconsistent with mandatory Puerto Rico consumer protection law, the mandatory provisions of Puerto Rico law shall govern for services rendered within the Commonwealth of Puerto Rico.

25.3 Spanish Language Availability

In recognition of the bilingual nature of the Commonwealth of Puerto Rico and the rights of Spanish-speaking consumers, these Terms of Service are available in Spanish upon written request for Puerto Rico bookings. Requests for Spanish-language versions may be submitted to legal@theestatereserve.com. In the event of any discrepancy between the English and Spanish versions of these Terms, the English version shall prevail unless mandatory Puerto Rico law requires otherwise.

25.4 Puerto Rico Tax Obligations

TER collects and remits the Puerto Rico Room Tax (Impuesto sobre Ocupacion de Habitacion) and applicable municipal taxes as required by the Puerto Rico Internal Revenue Code (Codigo de Rentas Internas de Puerto Rico). The specific tax amounts applicable to your booking will be itemized on your invoice and are subject to change based on amendments to Puerto Rico tax law. Guests are responsible for any additional taxes or fees imposed by local municipalities that are not collected by TER at the time of booking.

25.5 Governing Law for Puerto Rico Services

For all services rendered in Puerto Rico, the laws of the Commonwealth of Puerto Rico shall apply in addition to and, where in direct conflict with, in place of the general governing law provisions of these Terms, to the extent required by mandatory Puerto Rico statutes. The federal and Commonwealth courts located in San Juan, Puerto Rico shall have non-exclusive jurisdiction over disputes arising exclusively from services rendered in Puerto Rico, subject to the arbitration provisions set forth herein.

26. International Operations & Global Compliance

TER operates globally and is committed to complying with applicable laws in every jurisdiction where it offers services. The following provisions apply to users accessing TER services from or in connection with international destinations.

26.1 Global Service Scope

TER facilitates luxury property rentals, yacht charters, private aviation, and curated experiences across multiple countries and territories. The availability of specific services varies by region. By using our platform from any jurisdiction, you agree to comply with both these Terms and all applicable local laws of the jurisdiction in which you are located and in which services are rendered.

26.2 Cross-Border Transactions

All transactions are denominated and settled in United States Dollars (USD) unless otherwise specified. Currency conversion, if applicable, is handled by your payment provider and may be subject to exchange rate fluctuations and conversion fees outside TER's control. Users are responsible for any customs duties, import taxes, value-added taxes (VAT), goods and services taxes (GST), or other levies imposed by the destination country. TER will collect and remit local tourism taxes and lodging taxes where legally required and will itemize such taxes on invoices.

26.3 International Consumer Protection

TER acknowledges that consumers in certain jurisdictions may have mandatory consumer protection rights that cannot be waived by contract. Nothing in these Terms is intended to exclude, restrict, or modify any mandatory consumer protection rights that apply to you under the laws of your jurisdiction of residence, including but not limited to: EU Consumer Rights Directive (2011/83/EU) and the Consumer Sales Directive; UK Consumer Rights Act 2015 and Consumer Contracts Regulations 2013; Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010); Brazilian Consumer Defense Code (Código de Defesa do Consumidor, Law 8,078/1990); and any other mandatory consumer protection legislation in your jurisdiction. Where mandatory local consumer protection law provides greater protection than these Terms, the mandatory provisions of local law shall prevail to the extent of the inconsistency.

26.4 Anti-Bribery & Corruption

Users agree not to offer, pay, promise, or authorize payment of anything of value to any government official, political party, or public international organization in connection with TER services. TER complies with the U.S. Foreign Corrupt Practices Act (FCPA), the UK Bribery Act 2010, and equivalent anti-corruption legislation in all jurisdictions where it operates.

26.5 Export Controls & Trade Compliance

Users represent that they are not located in, under the control of, or a national or resident of any country subject to comprehensive U.S. economic sanctions (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), and are not on any U.S. Government restricted party lists, including the U.S. Treasury Department's Specially Designated Nationals (SDN) List and the U.S. Commerce Department's Entity List. TER screens all users and transactions against applicable sanctions lists and reserves the right to decline any booking or terminate any account in compliance with sanctions requirements.

26.6 International Dispute Resolution

For users located outside the United States, the arbitration provisions of these Terms shall apply to the fullest extent permitted by the laws of your jurisdiction. Where mandatory local law requires access to local courts or prohibits mandatory arbitration for consumer disputes (including in the EEA, UK, Australia, Brazil, and other jurisdictions with mandatory consumer arbitration restrictions), you retain the right to bring claims in the competent courts of your jurisdiction of residence. For EU/EEA consumers, TER acknowledges the right to use the European Commission's Online Dispute Resolution (ODR) platform. For UK consumers, TER acknowledges the right to use alternative dispute resolution (ADR) services as appropriate.

26.7 International Travel Documentation

Users are solely responsible for ensuring they hold valid travel documents (passports, visas, health certificates, and vaccination records) required for entry into any destination country. TER does not provide immigration, visa, or travel documentation advice. TER shall have no liability for any loss, cost, or disruption arising from a user's failure to obtain or maintain proper travel documentation.

27. Photo, Video & Media Release

By using our services, staying at any property listed on the Platform, or participating in any Experience Service, you grant TER a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, distribute, display, and create derivative works from photographs, video recordings, audio recordings, and testimonials captured during your stay or experience ("Media") for marketing, advertising, social media, website content, print materials, promotional campaigns, and any other commercial or non-commercial purpose related to TER's business.

27.1 Opt-Out Right

You may opt out of future marketing use of your likeness by submitting a written request to privacy@theestatereserve.com no later than forty-eight (48) hours prior to the commencement of your stay or Experience Service. TER will use commercially reasonable efforts to honor timely opt-out requests for future marketing materials.

27.2 Opt-Out Exceptions

Your opt-out right does not apply to the following categories of Media, which TER may continue to use regardless of any opt-out request:

Incidental inclusion in group photographs, property photographs, event photographs, or background footage where you are not the primary subject.
Media that was previously published, distributed, or licensed to third parties prior to the date TER received your opt-out request; TER shall have no obligation to recall or remove previously disseminated Media.
Media required for legal, regulatory, safety, security, insurance, or dispute resolution documentation purposes.
Media captured by other guests, Service Providers, or third parties that is not within TER's possession or control.

27.3 Representation Standards

TER will not use your likeness in a manner that is defamatory, misleading, disparaging, or that falsely implies your personal endorsement of any product or service without your separate written consent. This media release provision is separate from and in addition to any User Content license granted under Section 8 of these Terms.

28. Biometric Data

In compliance with the Illinois Biometric Information Privacy Act (740 ILCS 14, "BIPA"), the Texas Capture or Use of Biometric Identifier Act (Tex. Bus. & Com. Code Ann. Chapter 503), the Washington Biometric Identifiers statute (RCW 19.375), and similar state biometric privacy laws, TER provides the following disclosures and commitments regarding its collection and use of biometric data.

28.1 Purpose of Collection

TER may collect biometric identifiers, specifically facial geometry derived from government-issued identification document photographs, solely for the following limited purposes: (a) identity verification at check-in to confirm that the person presenting is the authorized booking holder; (b) fraud prevention and detection; and (c) compliance with anti-money laundering and know-your-customer obligations. TER does not use biometric data for surveillance, tracking, profiling, or any purpose other than those expressly stated herein.

28.2 Consent

Biometric identifiers are collected only with your informed, written consent. Prior to any biometric data collection, TER will present you with a separate biometric consent disclosure form that identifies: the specific biometric identifier(s) to be collected, the purpose and duration of collection, and the schedule for permanent destruction. Your consent is voluntary. You may decline biometric verification, in which case TER will provide alternative identity verification methods (e.g., manual review of government-issued identification by TER staff).

28.3 Storage & Security

All biometric data collected by TER is: (a) encrypted using industry-standard AES-256 encryption both in transit and at rest; (b) stored in access-controlled systems with multi-factor authentication and audit logging; (c) accessible only to authorized TER personnel on a strict need-to-know basis; and (d) protected by TER's written information security program, which includes technical, administrative, and physical safeguards meeting or exceeding industry standards for the protection of sensitive personal information.

28.4 Retention & Destruction

Biometric data is retained for a maximum period of thirty (30) days following the guest's checkout date, after which it is permanently and irreversibly destroyed using industry-standard data sanitization methods. TER maintains a written retention and destruction schedule for biometric data, which is available for review upon request to privacy@theestatereserve.com. In no event shall biometric data be retained longer than three (3) years from the date of collection, consistent with the maximum retention periods permitted under applicable biometric privacy statutes.

28.5 Prohibition on Sale or Disclosure

TER will not sell, lease, trade, or otherwise profit from any biometric data. TER will not disclose biometric data to any third party except: (a) as required by a valid court order, subpoena, warrant, or other compulsory legal process; (b) with the express written consent of the data subject; or (c) to a third-party service provider engaged by TER for the specific purpose of identity verification, provided such service provider is contractually bound to comply with the same data protection obligations set forth herein.

28.6 Right to Decline

You have the right to decline biometric data collection without penalty. If you decline, TER will offer alternative identity verification methods that do not require the collection of biometric identifiers. Declining biometric verification will not affect your booking, your access to the property, or your eligibility for any Experience Service.

29. Modifications

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. For material changes, we will provide at least 30 days' notice via email or a prominent notice on our website. Continued use of our services after the effective date of changes constitutes acceptance of the modified terms. If you do not agree to the modified terms, you must stop using the services before the effective date.

30. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of laws principles. For properties located in the Commonwealth of Puerto Rico, the laws of Puerto Rico shall apply in addition to these Terms to the extent required by applicable Puerto Rico consumer protection statutes; in the event of conflict, Puerto Rico law governs for Puerto Rico properties. Subject to the arbitration provisions above, you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, and waive any objection based on inconvenient forum.

31. General Provisions

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
Entire Agreement: These Terms, together with the Privacy Policy, Booking Terms & Conditions, Cancellation & Refund Policy, Cookie Policy, Nondiscrimination Policy, Host & Property Owner Terms, Accessibility Statement, and any signed occupancy agreement, constitute the entire agreement between you and TER and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether oral or written.
No Waiver: The failure of TER to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of TER.
Assignment: TER may freely assign or transfer these Terms and its rights and obligations hereunder, in whole or in part, without restriction or notification. You may not assign or transfer these Terms or any rights or obligations hereunder without TER's prior written consent.
Attorneys' Fees: In any dispute arising under these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.
Cumulative Remedies: All remedies under these Terms are cumulative and not exclusive of any other remedies available at law or in equity.
Third-Party Beneficiaries: These Terms do not confer any rights or remedies upon any person or entity other than the parties hereto, except that property owners are express third-party beneficiaries of guest conduct, damage, and indemnification provisions.
Confidentiality of Disputes: All dispute resolution proceedings, including arbitration, shall be confidential. Neither party shall disclose the existence, content, or results of any proceeding without prior written consent of the other party, except as required by law.
Headings: Section headings are for convenience only and shall not affect the interpretation of these Terms.
Electronic Execution: These Terms may be accepted electronically, and such acceptance shall have the same force and effect as an original manual signature.
Spanish Language Availability: For users booking properties located in Puerto Rico, these Terms are available in Spanish upon request by contacting legal@theestatereserve.com.

32. Liquidated Damages

You agree that the following amounts represent a reasonable estimate of TER's damages for the specified violations, which would otherwise be difficult to calculate:

Unauthorized events or parties: $5,000 per occurrence, plus actual damages.
Smoking or vaping indoors: $1,000 per occurrence, plus professional cleaning costs.
Exceeding maximum occupancy: $500 per unauthorized person per night.
Holdover (failure to vacate by checkout time): $500 per day beyond the scheduled checkout.
Fraudulent or abusive chargebacks: $500 administrative fee plus the full disputed amount.

33. Contact

For questions about these Terms, contact us at legal@theestatereserve.com.