Terms & Conditions

Last updated: 16 June 2026

1. 1. Purpose and scope
2. 2. Definitions
3. 3. Capacity in which we act
4. 4. Booking and formation of the contract
5. 5. Price, currencies and payment schedule
6. 6. Card payment — surcharge
7. 7. Fees, taxes and charges
8. 8. Late payment
9. 9. Withdrawal and cancellation
10. 10. Security deposit
11. 11. Client obligations, conduct and admission
12. 12. Guest registration — legal basis
13. 13. Noise and neighbourhood
14. 14. Liability
15. 15. Force majeure
16. 16. Chargebacks
17. 17. Personal data (LGPD / GDPR)
18. 18. Governing law and jurisdiction
19. 19. Sales and long-term rentals
20. 20. Miscellaneous

1. Purpose and scope

Latin Exclusive is an operator of exceptional stays and properties in Brazil, Latin America and Europe. These GTC govern: (i) the short-term rental of furnished properties; (ii) intermediation for the sale and long-term rental of real estate. They apply to every Client, whatever the booking channel (website, e-mail, WhatsApp, partner platforms).

For a given booking, a dedicated contract (short-term rental agreement or mandate) may be concluded. In the event of any conflict, the contract specific to the booking prevails over these GTC for that booking; the GTC apply on a supplementary basis.

2. Definitions

• Client / Guest: the person who books and/or occupies the Property, together with the registered occupants.
• Operator: Latin Exclusive LLC, acting as the case may be in its own name (short-term) or, for sales and long-term rentals, as an intermediary — where applicable through companies or partners established in the countries concerned. These local entities are legally distinct and independent: each acts under its own responsibility and its own regime, with no joint liability between them or with Latin Exclusive LLC.
• Property: the accommodation or building that is the subject of the service.
• Owner: the holder of the Property, with whom Latin Exclusive is bound by a separate agreement.
• Booking: the agreement covering specific dates and a specific Property, confirmed by Latin Exclusive.
• Platform: a third-party booking channel (e.g. Airbnb, Booking).

3. Capacity in which we act

For short-term rentals, Latin Exclusive acts in its own name, as operator and sub-lessor: it contracts directly with the Client, sets prices and conditions, collects payments and manages the entire client relationship.

For sales and long-term rentals, Latin Exclusive acts as an intermediary (agent) between the Client and the Owner; the conditions specific to those transactions are set out in article 19.

4. Booking and formation of the contract

4.1. Any booking requires a request, a quote and Latin Exclusive's written confirmation. The booking is firm only once the deposit (article 5) has been received and, where applicable, the rental contract signed.

4.2. The conditions and rates apply solely to the booking concerned; they do not apply to future bookings or to other clients.

4.3. Occupancy is strictly limited to the maximum capacity and to the persons registered with Latin Exclusive (full name and valid identity document). Occupants must be identified at the latest 10 days before arrival, or upon booking if it is made less than 10 days before arrival.

5. Price, currencies and payment schedule

5.1. Unless otherwise agreed, the price is payable according to the following schedule: 50% on booking (deposit) and the balance no later than 60 days before arrival. If the booking is made less than 60 days before arrival, 100% is due on booking.

5.2. No keys or access are handed over until the full rent and the security deposit have been received and cleared.

5.3. Currency. Payment must be made solely to the account and in the currency agreed at the time of booking (USD, EUR, BRL or COP). Where no currency has been agreed, payment is made in EUR or USD. Any payment in another currency or to another account will not be accepted.

6. Card payment — surcharge

Card payments are processed by our provider located in the United States and incur a 4% surcharge, corresponding to the actual processing cost, disclosed before any payment. This surcharge applies within any caps set by the card networks or by the regulations applicable at the place of processing.

7. Fees, taxes and charges

Unless otherwise stated, the price includes the Property's standard charges. The following are billed to the Client in addition, where applicable: metered electricity and water, gas, household staff, as well as taxes, administrative fees and bank currency-conversion charges. Optional services (additional cleaning, catering, transfers) are not included and may be arranged for an additional fee.

8. Late payment

Any late payment gives rise to late-payment interest and, where applicable, a penalty, determined according to the country of the Property and within mandatory local caps. Failure to pay the balance entitles Latin Exclusive to cancel the booking. The schedule below is indicative and follows the statutory rate in force at the relevant date:

Country of the Property	Legal basis / mechanism	Indicative reference
Brazil	Consumer Code (Law 8.078/1990), art. 52 §1 — capped late-payment fine, plus monetary correction and interest	Fine ≤ 2% + statutory interest
Colombia	Law 1480/2011; default interest within the limit of the tasa de usura (Superintendencia Financiera)	Usury cap in force (variable, high)
France	Statutory late-payment interest in force (half-yearly rate applicable to the creditor concerned)	Statutory rate for the half-year
Italy	Saggio degli interessi legali (annual statutory rate set by decree)	Annual statutory rate
Spain	Interés legal del dinero (Finance Act)	Annual statutory rate
Portugal	Civil interest (rate set by Portaria)	~ 4% (civil interest)
Greece	Νόμιμος τόκος — statutory default rate	Statutory rate in force
Other destinations	Reasonable late-payment penalty under the law of the State of New York	~ 1.5% / month (subject to usury law)

Statutory rates are revised periodically. The applicable rate is the one in force on the due date; in any event, the mandatory local cap prevails if it is lower.

9. Withdrawal and cancellation

9.1. Right of withdrawal. The Client may cancel free of charge within 48 hours of the conclusion of the contract. Where the law of the Client's country of residence guarantees a longer mandatory withdrawal period, that period applies as of right.

In the European Union, accommodation on a specific date is in principle excluded from the 14-day right of withdrawal (e.g. art. L.221-28, 12° of the French Consumer Code); the national law applicable to the Client prevails.

9.2. After the withdrawal period. Once the applicable period has passed, sums paid are not refunded, corresponding to the firm blocking of dates and the costs irreversibly incurred. As a guide: more than 60 days before arrival, the Client loses the deposit (50%); 60 days or less, the Client loses 100% of the rent. Each situation is nonetheless examined in good faith on a case-by-case basis.

9.3. No-show. Failure to arrive on the arrival date, without notice, results in the loss of 100% of the sums paid.

9.4. Bookings via a platform. For bookings made through a booking platform, that platform's cancellation policy applies.

9.5. Force majeure. In the event of duly evidenced force majeure (article 15), the Parties cooperate in good faith to reschedule the stay within 12 months, subject to availability; any refunds are limited to sums not yet remitted to the Owner.

10. Security deposit

A security deposit may be required to guarantee damage and penalties. It is:

• paid by bank transfer only, separately from the rent;
• received no later than 7 days before arrival;
• refunded within 10 days after departure if the end-of-stay inventory reveals no damage or penalty.

Justified repair costs (itemised, against invoices) are deducted from the deposit; any balance is refunded. If the costs cannot be assessed at departure, the deposit may be retained until assessment, any balance being refunded without undue delay.

11. Client obligations, conduct and admission

11.1. The Client undertakes to: pay sums due on time; respect the maximum capacity and the registration rules; use the Property with due care and for residential purposes only; comply with the building/condominium rules, the neighbourhood and local law; report any damage as soon as possible.

11.2. Prohibited uses. The following are prohibited in particular: any unauthorised commercial activity or paid event; parties or gatherings exceeding capacity or not approved; accommodating unregistered persons; the use, possession or trafficking of drugs or controlled substances; the solicitation, facilitation or practice of prostitution or unlawful sexual services; any disrespectful behaviour, harassment, threat or abuse towards staff, security, neighbours or the condominium; and any other illegal activity.

11.3. Admission and exclusion. Latin Exclusive may carry out reasonable verification of bookings and refuse a booking, or, in the event of breach, exclude and remove without refund any Client or occupant, where there are reasonable grounds to believe the Property will be used in breach of the prohibited uses above (in particular prostitution, drugs, parties exceeding capacity, unregistered occupants), or in the event of an actual breach. Exclusion may take effect immediately and be carried out by Latin Exclusive, its local representative or the condominium, without prejudice to penalties and any legal action.

11.4. Non-discrimination. Latin Exclusive welcomes all Clients without distinction based on origin, nationality, religion, sex, sexual orientation, gender identity, disability, age or any other protected characteristic. Its admission rules and decisions are based exclusively on conduct, legality, safety and compliance with the house rules and the contract, applied uniformly and without discrimination to all Clients. No refusal or exclusion is based on a protected characteristic.

12. Guest registration — legal basis

Latin Exclusive is required, in several countries of operation, to register occupants with the authorities. For this purpose the Client provides the required identity documents and warrants that it is authorised to transmit the data of the occupants it declares. Applicable regimes include:

Country	Registration obligation
France	Individual police record / traveller declaration (hotels and accommodation)
Spain	Parte de viajeros (Real Decreto 933/2021)
Italy	Alloggiati Web portal (declaration to the questura)
Portugal	Boletim de alojamento (declaration to the competent authorities)
Brazil	Guest record / register of occupants

Where applicable, this is supplemented by the legitimate interest in security and compliance with condominium rules requiring a list of occupants.

13. Noise and neighbourhood

The Client complies with local rules on noise and quiet hours, and ensures that its conduct and that of its guests do not disturb the neighbourhood. Applicable regulations include:

Country	Reference
Brazil	Law No. 126/1977 and associated technical standards (sound-level limits; night-time period approx. 10 p.m. – 8 a.m.)
Colombia	Resolución 0627/2006
France	Art. R.1334-31 of the Public Health Code (neighbourhood noise)
Italy	Legge 447/1995 (noise pollution)
Spain	Ley 37/2003 on noise
Portugal	Decreto-Lei 9/2007 (General Noise Regulation)
Greece	Ministerial Order 1180/1981

Any breach may give rise to civil or criminal liability, fines, immediate termination and removal without refund; the resulting penalties are borne solely by the Client.

14. Liability

14.1. Latin Exclusive is responsible for the availability of the Property for the agreed period, its conformity with the description and the Client's peaceful enjoyment. In the event of a breach attributable to it (other than force majeure) or a defect affecting use, Latin Exclusive remedies it as soon as possible, offers an equivalent solution, or refunds pro rata the affected period.

14.2. Latin Exclusive is not liable for circumstances beyond its reasonable control, nor for damage resulting from the act of the Client or its guests. The Client is liable for damage caused to the Property by its acts or omissions.

14.3. These GTC do not limit the mandatory rights the Client holds under applicable consumer-protection laws.

15. Force majeure

15.1. Neither Party is liable for non-performance caused by force majeure: an extraordinary, unforeseeable and unavoidable event beyond reasonable control, including: natural disaster, fire, flood, earthquake, epidemic or pandemic accompanied by binding governmental restrictions, war, terrorism, civil unrest, general strike, or an act of an authority legally preventing occupancy or travel.

15.2. Force majeure excludes personal or discretionary circumstances: change of plans, financial difficulty, professional constraints, visa or entry refusal through the applicant's fault, illness or death of a pet, or any illness or event that does not objectively prevent travel or occupancy.

15.3. The Party invoking force majeure bears the burden of proof and notifies the other within 5 days, with documentary evidence (official notices, government orders, authority or insurer reports, certificates). An unsupported claim is not a force-majeure event.

15.4. Where a duly evidenced event prevents the stay, the Parties cooperate in good faith to reschedule within 12 months, subject to availability. Any refund is limited to sums not yet remitted to the Owner; neither Party owes damages for non-performance due to force majeure.

16. Chargebacks

Before disputing a payment with its bank or card issuer, the Client undertakes to contact Latin Exclusive first ([email protected]) in order to seek an amicable solution. Sums contractually due remain due; Latin Exclusive may recover the amounts and costs of any unjustified chargeback. This clause does not deprive the Client of the rights it holds from its card issuer or under the law.

17. Personal data (LGPD / GDPR)

17.1. Latin Exclusive processes the personal data of the Client and registered occupants (identity, contact details, ID/passport, payment data) in order to perform the service, comply with its legal and tax obligations, and ensure the security of and access to the condominium.

17.2. Processing complies with the Brazilian LGPD (Law 13.709/2018) and, for properties located in the European Union, with the GDPR (Reg. (EU) 2016/679). Legal bases: performance of the contract; the legal obligation to register guests with the authorities; and the legitimate interest in security and compliance within the condominium.

17.3. Retention. Occupants' identity documents are deleted within 30 days of departure, unless there is a legal retention obligation; contracts and invoices are retained in accordance with applicable tax law (approx. 5 years in Brazil, up to 10 years in France); card data is not retained (tokenisation by the payment provider).

17.4. Data is shared only with the Owner, the condominium, authorised providers and the authorities, as required.

17.5. Rights. The Client may exercise its rights of access, rectification, portability and erasure (subject to statutory retention periods) at [email protected]. The data controller is Latin Exclusive LLC.

18. Governing law and jurisdiction

18.1. Governing law. Each service is governed by the law of the country where the Property is located, in particular: Brazil — Law 8.245/1991 on urban leases (as amended by Law 12.112/2009) and the Civil Code (Law 10.406/2002); France — Civil Code and Consumer Code; and the respective civil codes and property laws for Colombia, Italy, Spain, Portugal or Greece. For transactions not attached to a specific Property (intermediation, services), the law of the State of New York applies.

18.2. Prior amicable resolution. The Parties endeavour to resolve any dispute amicably. The Client is invited to write to [email protected] before any action; failing a solution within a reasonable time, the dispute may be brought before the courts below.

18.3. Jurisdiction. Any dispute is brought, depending on the destination, before: the courts of Rio de Janeiro (properties in Brazil); the courts of Paris (properties in France); the state and federal courts of New York (all other destinations and transactions).

18.4. Consumer protection. The foregoing applies without prejudice to the mandatory rules of jurisdiction and applicable law protecting the consumer, who retains the right to bring proceedings before the court of its domicile and the benefit of the mandatory provisions of the law of its habitual residence.

18.5. Language. Unless a mandatory provision requires otherwise, the language of interpretation of the contract and of proceedings is French, or the local language where the law of the forum requires.

19. Sales and long-term rentals

For sales and long-term rentals, Latin Exclusive acts as an intermediary (agent), where applicable through legally distinct and independent local companies or partners. It brings the Client and the Owner together, without being a party to the sale or lease concluded between them, and without guaranteeing that the transaction will be completed. Its remuneration (commission) is due on the agreed terms. The essential conditions (price, charges, condition of the property, warranties) are governed by the contract concluded between the Client and the Owner and by the law applicable at the location of the property.

20. Miscellaneous

20.1. Latin Exclusive may amend these GTC at any time; the applicable version is the one in force on the booking date.

20.2. The invalidity of one provision does not affect the validity of the others.

20.3. Failure to enforce a provision does not constitute a waiver.

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Latin Exclusive LLC
888c 8th Avenue, Suite 407 — New York, NY 10019 (USA)

E-mail: [email protected]

WhatsApp: USA +1 917 652 0027 | Brazil +55 21 98207 1352