Terms & Conditions - Concierge

TRAVEL & LIFESTYLE CONCIERGE

GENERAL TERMS & CONDITIONS

The Thinking Luxury LTD | Trading as Carlo Rappa Website: www.carlorappa.com | Email: carlo@carlorappa.com

1. THE SERVICES & AGENCY STATUS

1.1 The Role of the Company: The Thinking Luxury LTD (“the Company”) acts strictly as a Booking Agent and Facilitator. We source and coordinate luxury travel, hospitality, and lifestyle services on your behalf.

1.2 The Contractual Relationship: When you book a service (e.g., a hotel, villa, private jet, yacht, or event ticket), your legal contract is directly with the third-party service provider (the “Supplier”).

1.3 Supplier Terms: You are bound by the Supplier’s own terms and conditions (e.g., Charter Agreements, Rental Contracts). It is your responsibility to review these.

1.4 No Commercial Flights: We do not book or sell commercial airline tickets.

2. DEFINITIONS

The following terms shall have the meaning ascribed to them below:

The Company | We | Us: The Thinking Luxury LTD, trading as Carlo Rappa, a Booking Agent and Facilitator of luxury services.
The Client | You: The individual or entity engaging The Company for the sourcing and coordination of Services.
Services: The sourcing and coordination of luxury travel, hospitality, and lifestyle arrangements provided by The Company on behalf of the Client.
Supplier: The independent third-party service provider (e.g., hotel, private jet operator, yacht owner) with whom the Client enters into a direct legal contract for the delivery of the booked service.
Request: A specific instruction or booking query submitted by the Client for The Company to source and coordinate.
Concierge Management Fee: The fee charged by The Company for its sourcing and coordination expertise, which is strictly non-refundable once the research or booking process has commenced.
Package: Services as defined by the UK Package Travel and Linked Travel Arrangements Regulations 2018, which The Company does not sell.
Seller of Record: The specific specialist agent partner who issues tickets for premium event access.
Client Default: Any act or omission by the Client, including but not limited to failure to make payment, late arrival at departure points, or failure to provide necessary documentation.

3. NON-PACKAGE TRAVEL & INDEPENDENT BOOKINGS

3.1 Agency Status & Regulatory Exclusion: The Thinking Luxury LTD acts strictly as an Introductory Agent and Bespoke Facilitator. We do not act as an "Organiser" or "Retailer" of travel packages as defined by the Package Travel and Linked Travel Arrangements Regulations 2018. Our services are limited to the professional sourcing, curation, and coordination of independent travel components.

3.2 Independent Component Structure: To ensure maximum flexibility and elite standards, each element of your journey—including but not limited to aviation, maritime charter, accommodation, and ground transport—is sourced and booked as a standalone, individual component.

(a) While we may present these components in a unified itinerary for your convenience, they do not constitute a "Package."
(b) Each component is subject to a separate contract between the Client and the relevant Supplier.
(c) Payments for these components are typically processed as separate transactions directly to the Suppliers or their authorised merchants.

3.3 No Linked Travel Arrangements (LTA): The Company does not facilitate "Linked Travel Arrangements." We do not lead the Client to purchase additional travel services from different traders in a targeted manner that would trigger LTA protections. Any additional services requested by the Client are treated as new, independent instructions.

3.4 Limitation of "Organiser" Liability: By entering into this Agreement, the Client acknowledges that the Company is not responsible for the Insolvency Protection or the Performance of third-party suppliers. In the event of a supplier's failure or lack of conformity, the Client's recourse is solely against that specific supplier’s insurance or financial protection schemes (e.g., the supplier's own bond or the Client's travel insurance).

3.5 Business Travel Exemption: Where the Client is a business entity and the travel is booked on the basis of a "General Agreement" for business travel, the Client acknowledges that such arrangements are expressly excluded from the scope of the 2018 Regulations under Section 3.

4. BOOKING

4.1 Integrity of Service: The Company is committed to the highest global standards of conduct. We reserve the absolute right to decline any request that, in our professional judgment, conflicts with applicable laws, safety regulations, or the ethical standards and reputation of The Thinking Luxury LTD. We do not facilitate requests that may be deemed detrimental to public order or the standards of decency in the relevant jurisdiction.

4.2 Timeliness and Execution: The Company is dedicated to the seamless execution of your itinerary and shall employ all professional endeavors to meet scheduled performance dates. However, as luxury coordination often relies on global third-party logistics, all specified dates and times are provided as target schedules. While we strive for absolute precision, the Company is not liable for adjustments caused by external variables beyond our direct control.

4.3 Regulatory & Safety Compliance: The Company shall have the right to modify the Services to adhere to applicable laws or stringent safety requirements. We may also make minor revisions that do not diminish the quality or scope of the delivery. We remain committed to keeping the Client fully informed of any such updates to their bespoke program.

4.4 Industry Partnerships: The Client acknowledges that, by virtue of our established global network and preferred partner status, the Company may receive industry commissions or referral incentives from Suppliers upon the successful provision of products or services. These arrangements are standard within the luxury ecosystem and do not impact the premium quality of the service delivered to the Client.

4.5 Premium Event Access: Through our exclusive network of global ticket partners, the Company may facilitate access to high-demand or "sold-out" events. By requesting this service, the Client acknowledges that such tickets are sourced via the secondary market and will be priced above face value to reflect their rarity and the procurement effort required. The total investment will include a Company procurement fee. Please note that the Company acts as a facilitator, not the ticket issuer; therefore, the ultimate fulfillment and event entry terms remain the responsibility of the designated ticket agent or venue.

(b) Third-Party Ticketing Mandates: All tickets are issued subject to the specific Terms and Conditions of our specialist agent partners (the "Seller of Record"). The Client acknowledges that, within the premium secondary market, all sales are final and non-refundable. The Company is not authorised to issue refunds or override the Seller’s "No-Refund" policy.

(c) Event Cancellation Protocols: In the exceptional event that a performance is canceled directly by the artist or promoter, the Company will act as the Client’s advocate to recover the original face value of the tickets. Please note that procurement fees and secondary market premiums are generally non-recoverable.

(d) Logistics and Secure Delivery: Tickets are dispatched via digital means where possible, or recognised, high-security courier services. While the Company coordinates the dispatch, the legal risk of transit remains with the delivery agent. The Company accepts no liability for delays, losses, or delivery failures caused by third-party logistics providers.

5. SERVICE DISCRETION & CLIENT REPRESENTATION

5.1 Discretionary Excellence: To maintain the highest standards of service and operational integrity, the Company reserves the right to decline any Request or withdraw specific Services at its professional discretion. This right is exercised to ensure that all engagements align with our quality benchmarks, safety protocols, and brand values.

5.2 Operational Transparency: In the event the Company is unable to facilitate a specific Request, or is not mandated to do so under the current engagement, we shall notify the Client with professional promptness to allow for alternative arrangements.

5.3 Warranty of Financial Readiness: The Client warrants that all information provided for the purpose of securing luxury assets or services is accurate and complete. Furthermore, the Client confirms that any payment method utilised is their own and that they maintain sufficient liquidity to cover the full cost of the curated services, including any associated management fees and third-party premiums.

6. PRIVATE JETS, YACHTS & LUXURY ASSETS

6.1 Charters: For all private jet and yacht charters, you will be required to execute a formal Charter Agreement provided by the operator.

6.2 Passenger Documentation: You are solely responsible for ensuring all passengers possess valid passports, visas, and health/entry certifications required by the destination. We accept no liability for boarding denials.

6.3 Client Liability: You are financially responsible for any damage to the aircraft, vessel, or property caused by you or your guests.

7. CONCIERGE MANAGEMENT FEES & SERVICE STRUCTURE

7.1 The On-Demand Model: Unlike traditional concierge firms that require a high-cost annual membership subscription, The Thinking Luxury LTD operates on a Bespoke Management Fee basis. This model is designed to provide the Client with superior value, ensuring that professional fees are only incurred when specific, high-level expertise and sourcing are utilised.

7.2 Fee Application: For each individual Request (e.g., sourcing a private jet, yacht, villa, or ticket event), the Company shall apply a Concierge Management Fee. This fee represents the cost of our proprietary global network, strategic sourcing, and administrative coordination.

7.3 Non-Refundability: The Client acknowledges that the Concierge Management Fee is charged in exchange for the Company’s time, expertise, and immediate commencement of work. Consequently, this fee is strictly non-refundable from the moment the Company confirms the Request, regardless of whether the Client eventually proceeds with the booking or if the Client subsequently cancels the trip/event.

7.4 Value Proposition: By forgoing a recurring annual subscription, the Client acknowledges that the Concierge Management Fee is an equitable and transparent reflection of the work performed for that specific project, offering a more efficient allocation of the Client’s capital.

8. PAYMENTS & REFUNDS & RESCHEDULING

8.1 Supplier Payments: Luxury suppliers (especially Jet and Yacht operators) often require 100% non-refundable payment upfront to secure the asset.

8.2 Currency Fluctuations: For global bookings, quotes are subject to change due to currency fluctuations until the point of full payment.

8.3 Refunds: Any refunds for cancellations are governed strictly by the Supplier’s policy. The Company has no authority to override a Supplier’s non-refund policy.

8.4 Supplier Cancellations: If a Supplier cancels a service (e.g., a private jet has a technical fault), we will use reasonable endeavors to find an alternative, but the financial liability remains with the Supplier as per their contract.

9. CANCELLATIONS, REFUNDS, RETURNS, AND EXTERNAL LOGISTICS

9.1 Contractual Finality: The Client acknowledges that any sales contract for goods or services facilitated by the Company is held exclusively between the Client and the relevant Supplier. The Company is not a party to such contracts. All cancellations or modifications must adhere to the Supplier’s specific policies and should be addressed directly with them.

9.2 Strategic Substitutions: Should a specific luxury asset or service be unavailable, the Company may propose an alternative of comparable prestige and standard. The Client maintains the right to decline such substitutions. In the event a substitution is declined and payment has already been processed by the Supplier, the Company will assist the Client in requesting a refund from said Supplier.

9.3 Description Accuracy: All representations of products, services, or exclusive benefits are provided and approved by the respective Suppliers. The Company acts as a conduit for this information and shall not be held liable for any inaccuracies, omissions, or misleading descriptions provided by third-party vendors.

9.4 Payment Execution: Payment for all bespoke products and services becomes due immediately upon the Supplier’s acceptance of the order to ensure the asset or service is secured.

9.5 Returns and High-Value Sourcing: For luxury goods sourced specifically at the Client’s request, returns and exchanges are governed strictly by the Supplier’s terms. The Client acknowledges that many bespoke or high-value items are non-returnable. The Company shall provide notice of the Supplier’s return policy during the sourcing phase; however, the Company is not liable should a Supplier refuse a return or exchange.

9.6 Logistics of Returns: The Client bears the sole responsibility for maintaining proof of return for any goods. We mandate the use of secure, tracked, and insured "Signature Required" delivery services to ascertain the date of dispatch and protect the value of the asset during transit.

6.7 Refund Monitoring: The Company shall provide prompt notification to the Client once we receive official confirmation from a Supplier that a refund has been successfully processed.

9.8 International Customs and Duties: For deliveries outside of the United Kingdom, any applicable customs duties, import VAT, or local sales taxes are non-refundable through the Company. Recovery of such funds is the sole responsibility of the Client. The Company accepts no liability for assets detained, delayed, or seized by any customs or border agency.

9.9 Premium Delivery Protocols: For high-security or premium courier dispatches, the Client (or their authorised representative) must be present at the scheduled delivery time. Failure to receive the order may result in additional secure-storage fees and subsequent re-delivery charges, for which the Client remains financially responsible.

10. INSURANCE (MANDATORY RECOMMENDATION)

10.1 Required Coverage: Because luxury travel involves significant non-refundable costs, we strongly recommend that the Client maintains comprehensive travel, medical, and cancellation insurance that covers high-value asset charters.

11. GLOBAL ENTRY COMPLIANCE & TRAVEL READINESS

11.1 Health Protocols & Certifications: To ensure a seamless transit, Clients must remain fully informed of and compliant with the specific health mandates, vaccination requirements, and medical precautions relevant to their chosen destination. This includes the maintenance of all original vaccination records and international health certificates. The Client acknowledges that failure to present valid documentation may result in denied boarding or entry; the Company accepts no liability for such occurrences or any resulting financial loss.

11.2 Medical Advisory & Professional Responsibility: While the Company provides strategic logistical support, we strongly advise Clients to consult with a specialist travel medical clinic or private physician well in advance of departure. While we may provide general destination insights, the ultimate responsibility for ensuring that all health, immunisation, and medical requirements are satisfied lies exclusively with the Client and their individual guests.

11.3 Regulatory Documentation (Permits & Insurance): Certain jurisdictions require specialised documentation, including but not limited to International Driving Permits (IDP) and Proof of International Medical/Liability Insurance. It is the Client’s sole responsibility to procure and carry these documents. The Company’s role is limited to the facilitation of the primary itinerary; we do not verify the validity or presence of the Client’s personal or regulatory documentation.

12. LIMITATION OF LIABILITY & PROTECTIONS

12.1 Statutory Liability: Nothing in these Conditions shall limit or exclude the Company’s liability for:

(a) Death or personal injury caused by its proven negligence;
(b) Fraud or fraudulent misrepresentation; or
(c) Any other liability which cannot be limited or excluded by applicable law in England and Wales.

12.2 Exclusions of Loss: The Company shall not be liable to the Client—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—for any:

(a) Loss of profits, business, or revenue;
(b) Depletion of brand reputation or goodwill;
(c) Loss of anticipated savings or opportunity;
(d) Special, indirect, or consequential economic loss, costs, or damages arising under or in connection with the Services provided.

12.3 Financial Liability Cap: The Company’s total aggregate liability to the Client in respect of all other losses arising under or in connection with a booking or engagement—whether in contract, tort, or otherwise—shall be strictly limited to the total value of the Company’s Management Fee received for that specific instruction.

12.4 Supplier Independence: The Client acknowledges that any contract entered into with a Supplier is a standalone, independent agreement. The Company hereby disclaims all liability for any act, omission, or professional failure of any Supplier, or any loss incurred by the Client as a result of a Supplier’s performance, regardless of whether the Company facilitated the introduction.

12.5 Client Accuracy: The Company accepts no liability for any loss, damage, or costs arising from Client instructions that are incomplete, incorrect, or inaccurate. Furthermore, the Company is held harmless in the event of a "Client Default," including but not limited to late arrival at departure points or failure to provide necessary documentation.

12.6 Force Majeure (Events Beyond Control): The Company shall not be deemed in breach of these Conditions, nor be liable for any failure or delay in performing its obligations, if such delay results from events, circumstances, or causes beyond its reasonable control (including but not limited to global pandemics, strikes, mechanical failure of third-party assets, or governmental restrictions).

12.7 Exclusion of Implied Terms: Except as expressly set out in these Conditions, all warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.

12.8 Survival: The provisions of this Section 12 shall remain in full force and effect notwithstanding the termination or expiry of the Services.

13. COMMENCEMENT, DURATION, AND TERMINATION

13.1 Commencement of Services: The engagement between the Company and the Client officially commences at the moment the Company confirms, in writing (via email or digital message), the receipt and acceptance of a specific Client Request. Our professional sourcing and coordination efforts begin upon this confirmation.

13.2 Duration and Conclusion: The Company’s primary facilitation services under a specific Request shall conclude once the final payment has been successfully collected and cleared, and the booking is confirmed with the relevant Supplier.

13.3 Transition to Supplier Terms: Upon the conclusion of the Company’s facilitation (as defined in Clause 1.1), the operational execution of the service is governed strictly by the Supplier’s Terms and Conditions. While the Company may provide ongoing "Strategic Oversight" or advocacy, our legal role as a facilitator is fulfilled upon the successful securing of the asset or service.

13.4 Termination for Breach: The Company reserves the right to terminate the Services immediately if:

(a) The Client fails to make any payment by the specified deadline;
(b) The Client provides fraudulent or critically inaccurate information;
(c) The Client’s conduct is deemed by the Company to be a "Client Default" that makes the fulfillment of the Request impossible or unlawful.

13.5 Survival of Protective Clauses: Any termination of the Services shall not affect the survival of clauses relating to Limitation of Liability (Section 12), Confidentiality, Non-Solicitation & Bypass Protection, or Governing Law.

14. GENERAL PROVISIONS

14.1 Privacy and Data Protection: The provision of Services is subject to the Company’s Privacy Policy, which is incorporated into these Conditions by reference. Our policy, compliant with UK GDPR, is available at www.carlorappa.com. We are committed to the highest standards of discretion and data security regarding your personal and financial information.

14.2 Assignment and Subcontracting:

(a) By the Company: The Company may at any time assign, transfer, or subcontract any or all of its rights and obligations under these Conditions to a third party, partner, or agent to ensure the seamless delivery of luxury services.
(b) By the Client: This agreement is personal to the Client. The Client shall not transfer, assign, or delegate any rights or obligations under these Conditions without the express prior written consent of The Thinking Luxury LTD.

14.3 Waiver and Cumulative Rights:

(a) A waiver of any right is only effective if in writing. No failure or delay by either party in exercising any right or remedy shall constitute a waiver of that or any other right.
(b) Unless specifically provided otherwise, the rights and remedies provided under these Conditions are cumulative and do not exclude any rights provided by law.

14.4 Severability: If any provision of these Conditions is found by a court or competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed deleted to the minimum extent necessary, and the validity and enforceability of the remainder of these Conditions shall remain unaffected.

14.5 No Partnership or Joint Venture: Nothing in these Conditions is intended to, or shall be deemed to, establish any partnership, joint venture, or employer-employee relationship between the parties. Except as expressly stated regarding our role as a Booking Agent, no party has the authority to bind the other in any way.

14.6 Third-Party Rights: A person who is not a party to these Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions.

14.7 Entire Agreement:

(a) These Conditions, alongside the specific Booking Confirmation or Statement of Work (SOW), constitute the entire agreement between the parties and supersede all previous agreements, promises, representations, and understandings, whether written or oral.
(b) The Client acknowledges that in entering into this Agreement, they have not relied on any statement or representation made by the Company or its consultants that is not expressly set out in this Agreement. Nothing in this clause limits liability for fraud.

14.8 Governing Law and Jurisdiction: These Conditions, and any dispute arising from them (including non-contractual disputes), shall be governed by and construed in accordance with English Law. The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.