Terms and Conditions

KLYXA International LLC

Effective: April 2025


1. Scope of Application

These terms and conditions govern the use of the online platform klyxa.com, operated by KLYXA International LLC (hereinafter referred to as the “Platform”) by users (hereinafter referred to as “User,” “Customer,” or “You”). The Platform facilitates reservations with independent service providers, such as beach bed operators, restaurants, bars, or leisure service providers (hereinafter referred to as “Operators”).


2. Definitions

  • Platform: The website and service infrastructure available at klyxa.com operated by KLYXA International LLC.
  • User: Any individual or entity using the Platform to make bookings or access information.
  • Operator: A third-party provider offering services (e.g., reservations) listed on the Platform.
  • Booking: A reservation for services made by a User through the Platform.

3. Provider Information

KLYXA International LLC

1209 Mountain Road Pl NE STE N

Albuquerque, New Mexico 87110

United States of America

Website: https://klyxa.com

Contact: https://klyxa.com/contact


4. Description of Services

4.1 KLYXA provides a platform through which users can make reservations with independent Operators. The Platform acts solely as a technical intermediary and is not the provider of the reserved services.

4.2 Users can check availability, place bookings, process electronic payments, and receive booking confirmations.

4.3 The scope of services provided by the Platform does not include the execution of the reserved services, but is limited to the provision of technical infrastructure.

4.4 Operator Vetting Disclaimer: KLYXA provides the Platform for Operators to list their services but does not independently verify the quality, safety, legality, or credentials of every Operator or their offerings, unless explicitly stated otherwise. Users are encouraged to exercise their own judgment and due diligence when selecting and booking with an Operator.


5. User Accounts

5.1 Users may be required to create an account to access certain features of the Platform. When creating an account, Users must provide accurate, current, and complete information.

5.2 Users are solely responsible for maintaining the confidentiality of their account credentials and for all activities occurring under their account.

5.3 Users must immediately notify KLYXA of any unauthorized use of their account or any other breach of security.

5.4 KLYXA reserves the right to terminate or suspend access to User accounts at its sole discretion, without prior notice, for conduct that KLYXA believes violates these Terms of Use or is harmful to other Users, Operators, KLYXA, or third parties.

5.5 Users may terminate their account at any time by following the account deletion process available on the Platform or by contacting KLYXA customer support.

5.6 Consequences of Termination: Termination of your account, whether by You or by KLYXA, may result in the forfeiture of any existing bookings associated with your account, potentially without refund, particularly if termination is due to a violation of these Terms of Use or the Operator’s conditions. KLYXA is not obligated to facilitate the transfer or fulfillment of bookings associated with a terminated account. Data associated with terminated accounts will be handled according to our Privacy Policy.


6. Contractual Relationship Between User and Operator

6.1 By completing a booking on the Platform, a direct contract between the User and the selected Operator is formed. KLYXA is not a party to this contract.

6.2 Fulfillment, execution, and quality of the reserved service are the sole responsibility of the Operator.

6.3 KLYXA is not liable for the delivery, quality, safety, legality, or availability of the services offered by the Operator.


7. Operators’ Booking Conditions

7.1 Each Operator may define their own booking conditions, house rules, cancellation policies, payment terms, and liability provisions.

7.2 These terms are available on the Operator’s individual booking page and apply in addition to these Terms of Use.

7.3 Users are responsible for reviewing these conditions prior to completing their booking.

7.4 During the booking process, Users must explicitly confirm that they have read and accepted both the KLYXA Terms of Use and the Operator’s booking conditions.


8. Payment Processing

8.1 Payment of the total amount is made during the booking process via the Platform. This amount consists of:

  • the reservation fee (set by the Operator)
  • the service fee (charged by KLYXA for providing the Platform)

8.2 Payment is processed through certified third-party providers (e.g., Stripe). KLYXA is not liable for any failures or errors of these payment providers.

8.3 Users receive a payment confirmation for the full amount. A separate invoice for the service fee is issued by KLYXA. The invoice for the reserved service is issued and provided by the respective Operator.

8.4 KLYXA is a U.S.-based company with no permanent establishment within the EU. No value-added tax (VAT) is charged. For EU customers, reverse charge provisions may apply.


9. Cancellations, Modifications, and Refunds

9.1 Options for cancellation, rebooking, or refund are determined exclusively by the conditions set by the respective Operator, as displayed on their booking page and accepted by the User.

9.2 KLYXA supports communication between Users and Operators regarding cancellations or modifications. Refund eligibility for the Operator’s reservation fee is solely determined by the Operator’s cancellation policy. The KLYXA service fee is generally non-refundable, as it covers the cost of providing the booking platform technology and service. Exceptions may apply only if required by applicable consumer law, or potentially in cases where a cancellation is directly caused by a verifiable fault of the KLYXA Platform itself or if an Operator cancels due to their own inability to provide the service (excluding User fault or Force Majeure events affecting the Operator). KLYXA is not obligated to intervene in refund decisions made by the Operator concerning their reservation fee.


10. Responsibilities and Liability

10.1 KLYXA is liable only for damages caused by gross negligence or willful misconduct. KLYXA expressly disclaims liability for ordinary negligence, except in cases of injury to life, body, or health, or breach of essential contractual obligations (i.e., obligations the fulfillment of which is essential for the proper execution of the contract and on the observance of which the User regularly relies and may rely).

10.2 In cases where KLYXA is liable for ordinary negligence due to breach of essential contractual obligations, the liability is limited to foreseeable, typical damages.

10.3 KLYXA assumes no liability for the content, services, or actions of Operators.

10.4 The Platform is provided “as is” and “as available.” KLYXA makes no warranties, express or implied, regarding the availability, reliability, or functionality of the Platform.

10.5 Users agree not to misuse the Platform in any way.


11. Third-Party Links

The Platform may contain links to third-party websites or resources. These links are provided for convenience only. KLYXA does not endorse and is not responsible or liable for the availability, accuracy, content, products, or services of such third-party sites or resources. Users acknowledge sole responsibility for and assume all risk arising from their use of any third-party websites or resources.


12. Prohibited Activities

12.1 Users are expressly prohibited from engaging in the following activities:

  • Creating false or fraudulent bookings
  • Using the Platform for any illegal or unauthorized purpose
  • Attempting to access restricted areas of the Platform
  • Using automated systems, bots, scrapers, or similar technologies to access or collect data from the Platform without explicit written permission from KLYXA
  • Interfering with or disrupting the functionality of the Platform or its underlying infrastructure
  • Circumventing payment systems or fee structures
  • Providing false, inaccurate, or misleading information or impersonating others
  • Posting or transmitting harmful code, malware, viruses, or other malicious content
  • Violating the rights of other Users, Operators, KLYXA, or third parties (including intellectual property rights and privacy rights)
  • Engaging in any activity that places an unreasonable load on the Platform’s infrastructure.

12.2 KLYXA reserves the right to investigate and take appropriate legal action against anyone who, in KLYXA’s sole discretion, violates these prohibitions, including but not limited to suspending or terminating the User’s account and reporting the User to law enforcement authorities.


13. Intellectual Property

13.1 All content on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of KLYXA or its content suppliers and is protected by United States and international copyright laws.

13.2 Users are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform strictly for personal, non-commercial purposes in accordance with these Terms of Use.

13.3 Users may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from the Platform without the prior written consent of KLYXA or the respective copyright holder, except as follows: Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes.

13.4 By submitting reviews, comments, photos, suggestions, ideas, or other content (“User Content”) to the Platform, Users grant KLYXA a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media, now known or hereafter devised, for any purpose, including promotional purposes. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the User Content is accurate; that use of the User Content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify KLYXA for all claims resulting from User Content you supply.

13.5 User Content Moderation: KLYXA reserves the right, but has no obligation, to monitor, review, edit, or remove User Content submitted by Users that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or which violates any party’s intellectual property rights or these Terms of Use.

13.6 Users are solely responsible for ensuring that their submitted User Content does not infringe any third-party intellectual property rights or violate any laws. KLYXA takes no responsibility and assumes no liability for any User Content posted by you or any third party.


14. Dispute Resolution

14.1 In the event of any dispute arising out of or relating to these Terms of Use or the User’s use of the Platform, Users agree to first attempt to resolve the dispute informally by contacting KLYXA customer support via the contact methods provided in Section 3.

14.2 If a dispute cannot be resolved informally within sixty (60) days, both parties agree to endeavor to settle the dispute by mediation administered by the American Arbitration Association (AAA) under its Commercial Mediation Procedures before resorting to arbitration or litigation.

14.3 If mediation is unsuccessful, any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by binding arbitration administered by the AAA in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Albuquerque, New Mexico, USA. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The language of the arbitration shall be English. The laws of the State of New Mexico shall govern the arbitration, without regard to conflict of law principles.


15. Force Majeure

15.1 KLYXA shall not be liable for any failure or delay in performance of its obligations under these Terms of Use due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials (“Force Majeure Event”).

15.2 In such events, KLYXA will make reasonable efforts to notify affected Users, where feasible, and to minimize the impact and duration of the disruption, aiming to restore service as soon as reasonably possible. Performance obligations shall be suspended for the duration of the Force Majeure Event.


16. Age Restrictions

16.1 The Platform is intended solely for use by individuals who are at least 18 years old or the age of legal majority in their jurisdiction of residence, whichever is greater, and who can form legally binding contracts.

16.2 By accessing or using the Platform, Users represent and warrant that they meet these age and legal capacity requirements. KLYXA does not knowingly collect information from individuals under the age of 18. If KLYXA becomes aware that an account has been created by someone under the age requirement, KLYXA reserves the right to suspend or terminate that account immediately.


17. Data Protection

Personal data provided by Users or collected through the use of the Platform is processed in accordance with KLYXA’s Privacy Policy, which is hereby incorporated by reference into these Terms of Use. The Privacy Policy is available at:
https://klyxa.com/privacy


18. Communications

By creating an account, Users consent to receive electronic communications from KLYXA. These communications may include notices about your account (e.g., payment authorizations, password changes, booking confirmations), transaction-related information, legal updates, important service announcements, and marketing communications (if opted-in). Users agree that any notices, agreements, disclosures, or other communications that KLYXA sends electronically will satisfy any legal communication requirements, including that such communications be in writing. Users are responsible for maintaining a current and valid email address associated with their account.


19. Governing Law and Jurisdiction

19.1 These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of New Mexico, USA, without giving effect to any choice or conflict of law provision or rule.

19.2 Subject to the dispute resolution procedures outlined in Section 14, the exclusive place of jurisdiction for all legal proceedings arising out of or in connection with these Terms of Use shall be the state or federal courts located in Albuquerque, Bernalillo County, New Mexico, USA.


20. Amendments to Terms of Use

20.1 KLYXA reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. If a revision is material, KLYXA will make reasonable efforts to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at KLYXA’s sole discretion.

20.2 Users will be notified of amendments through one or more of the following methods:

  • Email notification to the primary email address associated with the User’s account
  • A prominent notice displayed on the Platform website (e.g., a banner)
  • A notification message within the User’s account dashboard upon login

20.3 Continued access or use of the Platform after such notification constitutes acceptance of the amended Terms of Use. If a User does not agree to the new terms, they must stop using the Platform.

20.4 The amended terms will always be made available to Users for review. For actions requiring explicit consent (like placing a new booking), Users may be required to explicitly accept the updated terms before proceeding. The “Effective Date” at the top of these Terms indicates the last revision date.


21. Final Provisions

21.1 If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

21.2 These Terms of Use, together with the Privacy Policy and any other legal notices published by KLYXA on the Platform (including Operators’ conditions accepted during booking), constitute the entire agreement between Users and KLYXA regarding the use of the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

21.3 KLYXA’s failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by KLYXA.

21.4 The section headings used herein are for convenience only and shall not be given any legal import or affect the interpretation of these Terms of Use.