Livinc Limited
Terms and Conditions for Property Online Listing Services
ATTENTION: IMPORTANT PLEASE READ
These terms and conditions apply to Property Owners who wish to appoint
Livinc to provide Listing Services for Property for let, on the Livinc
Platform. They apply to the Listing Services and are the
only basis on which Livinc will perform those Listing Services for a
Property Owner.
A Property Owner who wishes to use the Listing Services will be asked
to agree to these terms and conditions by clicking on the acceptance
button during the registration application process.
It is the responsibility of the Property Owner or its appointed
authorised representative to read these terms and conditions very
carefully in full as they contain important information about the basis
on which Livinc will provide Listing Services to a Property Owner.
If a Property Owner does NOT agree with these terms and conditions and
does not wish to accept them, the acceptance button should NOT be
clicked and Livinc will not perform any Listing Services.
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About Livinc
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Livinc Limited, trading as Livinc, operates the Platform and is the
provider of the Listing Services. Registered company details are
provided below and Livinc can be contacted at: Email:
info@livinc.com; Tel: +44 (0) 333 323 9010.
- Livinc’s VAT number is 431758294.
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The domain under which the Platform is made available is at
livinc.com.
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Definitions used in these terms and conditions
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A list of definitions used in these Conditions, is below.
Definitions used throughout have capitalised terms.
Accommodation Services: the services made available by the Property Owner
to the Customer directly whereby the Property is made available by the
Property Owner to the Customer for the agreed duration of stay and for
which the Customer pays the agreed Charges.
Accommodation Agreement: the agreement to be entered into between the
Property Owner and the Customer for the Accommodation Services in respect
of each confirmed booking and which shall comply with the provisions of
clauses 6. In addition to any other terms and conditions which the
Property Owner may stipulate, the Accommodation Agreement
shall also include and incorporate the Restrictions and the information
included in the Booking Summary.
Booking Summary: the summary of a Property booking, incorporating the
information which the Property Owner provides via the Platform in relation
to that booking and which sets out, without limitation, the Charges and
any other fees and sums payable by a Customer, Restrictions, Property
details and condition, and all other relevant details about the Property
and the Property Owner which are to be binding as part of the
Accommodation Agreement.
Charges: the total charge which a Customer is required to pay for
Accommodation Services (inclusive of VAT) for the agreed stay as specified
in the Booking Summary.
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Conditions: these terms and conditions for Listing Services as updated
from time to time.
Confirmation: the confirmation sent or otherwise made available by Livinc
to the Property Owner, setting out relevant information about the Property
Owner, Listing Services to be performed and the Listing Fee. These
Conditions and the Confirmation, together form this Contract.
Contract: this Contract between Livinc and the Property Owner for the
performance by Livinc of Listing Services. This Contract comprises these
Conditions and the Confirmation and any information set out or otherwise
referred to therein.
Customer: a user who books a stay in the Property via the Platform and who
enters into an Accommodation Agreement with the Property Owner.
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Listing Fee: the fee charged by Livinc to the Property
Owner for the Listing Services, calculated as 13.5% (thirteen and a half
percent) of the Charges unless a different percentage is otherwise
stated in the Confirmation in which case such stated percentage shall
apply to the calculation of the Listing Fee.
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Listing Services: the Property listing service to be performed by Livinc
for the Property Owner in relation to a particular Property or
Properties, covering listing the Property details on the Platform,
making available an online facility for Customer bookings, passing on
Customer enquiries to be dealt with by the Property Owner and passing
responses to the Customer, digital marketing activity as Livinc may from
time to time determine and a related payment administration services as
further described in these Conditions.
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Livinc: Livinc Limited, a company registered in England and Wales with
company number 13475639 whose registered office address is Northgate,
118 North Street, Leeds, West Yorkshire, United Kingdom, LS2 7PN, being
the provider of the Listing Services.
- Force Majeure Event: means an event described in clause 1.
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Intellectual Property Rights: patents, rights to inventions, copyright
and neighbouring and related rights, moral rights, trade marks, business
names and domain names, rights in get-up and trade dress, goodwill and
the right to sue for passing off or unfair competition, rights in
designs, rights in computer software, database rights, rights to use and
protect the confidentiality of, confidential information (including
know-how and trade secrets), and all other intellectual property rights,
in each case whether registered or unregistered and including all
applications and rights to apply for and be granted, renewals or
extensions of, and rights to claim priority from, such rights and all
similar or equivalent rights or forms of protection which subsist or
will subsist now or in the future in any part of the world.
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Platform: means the online property advertising and booking platform
operated by Livinc which also incorporates a portal for use by the
registered Property Owner including for the purpose of the application
process referred to in clause 4.
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Property: the property listed for let by the Property Owner on the
Platform as described in the Property Data.
- Property Data: has the meaning given in clause 6.1.
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Property Owner: the company, firm or other person for which Livinc
performs the Listing Service and whose details are set out during the
online application process via the Platform (and more specifically on
the account page therein) and the Property Owner must be the person
which has all rights to provide Accommodation Services to the Customer.
- Property Owner Default: has the meaning given in clause 1.
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Restrictions: the restrictions, conditions and other particular
stipulations which the Property Owner must specify in relation to each
Property during the listing application process and which will form part
of the Accommodation Agreement and be included in the Booking Summary
together with information about Charges and other relevant information.
By way of example only, restrictions might include requirements such as
a minimum number of nights stay or blocked dates and house rules such as
restrictions on smoking.
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User Terms: the user terms set out in the Appendix to these Conditions.
The User Terms are between Livinc and the users of its Website who may
or may not become a Customer. The copy of the User Terms set out
in the Appendix is for the Property Owner’s convenience and the
User Terms are not directly binding on the Property Owner but shall be
taken into account by the Property Owner to the extent referred to and
as required by the obligations on the Property Owner as set out in
clause 6 of these Conditions.
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The following rules of interpretation shall also apply in this
Contract:
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Headings shall not affect the interpretation of this Contract.
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A person includes a natural person, corporate
or unincorporated body (whether or not having separate legal
personality).
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A reference to a company shall include any
company, corporation or other body corporate, wherever and
however incorporated or established.
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Unless the context otherwise requires, words in the singular
shall include the plural and in the plural, include the
singular.
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This Contract shall be binding on, and be for the benefit of,
the parties to this Agreement and their respective personal
representatives, successors and permitted assigns, and
references to any party shall include that party's personal
representatives, successors and permitted assigns.
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A reference to legislation or a legislative provision is a
reference to it as amended, extended or re-enacted from time to
time and shall include all subordinate legislation made from
time to time under that legislation or legislative provision.
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A reference to writing or
written includes e-mail.
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Any words following the terms including,
include, in particular,
for example or any similar expression shall be
construed as illustrative and shall not limit the sense of the
words, description, definition, phrase or term preceding those
terms.
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About this Contract
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This Contract is between Livinc and the Property Owner for the
provision of the Listing Services.
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All Listing Services are performed subject to these Conditions and
the Confirmation which together comprise the Contract. No other
terms or conditions including any that a Property Owner may seek to
impose or incorporate, or which are implied by law, custom, practice
or course of dealing, shall apply to the Listing Services. This Contract is the entire agreement between Livinc and the
Property Owner regarding its subject matter.
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In the event of any conflict between these Conditions and the
Confirmation, these Conditions shall prevail.
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A request for Listing Services by the Property Owner is only an
offer to purchase those Listing Services in accordance with these
Conditions but a Contract shall only come into force when Livinc
agrees to perform Listing Services by confirming to the Property
Owner that is has been accepted by Livinc for Listing Services
following the application process. Further information about
duration and termination of this Contract is set out in clause 14.1.
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Any general descriptions of Listing Services such as on the Livinc
website or in any marketing literature, are only for the purpose of
giving an approximate idea of the Listing Services described but do
not form part of this Contract.
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The Property Owner may apply to add or remove Properties from the
scope of the Listing Services following the commencement of this
Contract but in each case, the application and information provision
process as set out herein and as required via the Livinc online
process in relation to each Property, must be completed. The
addition of a Property which is accepted for listing by Livinc and
the removal of a Property, shall in each case, constitute a
variation of this Contract.
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The Property Owner acknowledges that it has not relied on any
statement, promise, representation, assurance or warranty made or
given by or on behalf of Livinc which is not set out in this
Contract.
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How to become registered and how this Contract is formed
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In order to receive Listing Services, a Property Owner must first
complete an application to register with Livinc.
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During the registration application process, the Property Owner will
be required to submit certain details in order to become registered.
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The Property Owner must complete all fields in the application
process in full and ensure that all information provided is
accurate.
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Absolute discretion as to whether Livinc accepts a Property Owner as
registered such that that Property Owner may then use the Listing
Services, shall at all times remain with Livinc and the registration
process shall constitute an application submitted to Livinc to use
the Listing Services which Livinc may in its discretion accept or
refuse. Livinc is not required to give any reason or explanation to
the Property Owner for its decision.
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During the registration application process, the Property Owner will
be required to confirm its acceptance of these Conditions and
confirm that the detail in the Confirmation is complete and
accurate. The Conditions and the Confirmation shall together
constitute this Contract.
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If the Property Owner does not confirm its acceptance of these
Conditions, it will not be accepted by Livinc and no Contract shall
be formed.
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Listing Services and the application process
for listing a Property
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Once the Property Owner has been accepted by Livinc in accordance
with the process in clause 4, it may use the Listing Services.
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Livinc shall perform the Listing Services in relation to a relevant
Property in return for payment of the relevant Listing Fee.
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Livinc may change the Listing Service from time to time as it
determines including to comply with any applicable law or regulatory
requirement.
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Any dates for performance provided by Livinc shall be estimates only
and time for the performance of the Listing Services shall not be of
the essence.
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Livinc warrants to the Property Owner that the Listing Services will
be provided using reasonable care and skill.
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The Property Owner agrees to rate parity, in the sense that the
rates attributed to listings from the Property Owner will be no
higher than other distribution channels.
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Livinc may perform the Listing Services in any way as it determines
including as to methods of marketing, advertising and promotion
which are most suitable and nothing shall oblige Livinc to continue
any particular method of marketing, advertising or promotion.
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From time to time, Livinc may use third party sales channels for the
furtherance of its marketing activity as referred to in clause 5.6
above but shall not be required to do so or to continue to do so. If
any such third party sales channels are to be used by Livinc as it
shall determine and Livinc requires the consent from time to time of
the Property Owner to use the same, nothing shall oblige Livinc to
use or continue to use such third party sales channels if the
Property Owner fails at any time to provide or continue to provide
such consent.
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Livinc may list the Property on other third party websites where the
Property Owner approves the same but Livinc shall not be required to
do so. Where any such third party website listing does take place,
the Property Owner acknowledges that the same are then subject to a
third party provider, are subject to third party terms and such
listings are beyond the control of Livinc. Accordingly, Livinc shall
not have any liability in respect of any such third party listings.
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Livinc may appoint such sub-contractors, agents and other
representatives for the performance of the Listing Services and
operation of the Platform as it may at any time determine.
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The Property Owner is responsible for ensuring that the Listing
Services are suitable for its requirements.
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Livinc gives no assurance that any particular Property will be
booked or that a particular level of income will be achieved in
respect of a Property as a result of performing the Listing Service
and the Property Owner acknowledges that the ability to secure
bookings for any Property is based on several factors beyond
Livinc’s control including demand, market, trends and consumer
spending. The parties acknowledge that this clause 5.11 is taken
into account in Livinc setting the amount of the Listing Fee.
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Livinc shall only provide Listing Services under this Contract in
respect of those Properties which are accepted for listing by Livinc
from time to time in accordance with the process referred to the
following provisions of this clause 5.12.
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Before Livinc will provide Listing Services in respect of any
given Property, a Property Owner will be required to submit an
application to list that Property on the Platform.
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The application process for listing a Property is explained on
the Platform.
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To apply for a Property to be listed, all information as
required in respect of that particular Property as per the
Platform based application process must be supplied. That
includes but is not limited to, all Property Data
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The Property Owner must complete all fields in the application
process in full and ensure that all information provided is
accurate.
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Livinc may request further information about any of the Property
Data or any other matter as it may determine following the
submission of a listing application by the Property Owner. The
Property Owner must provide such further information in response
to such requests as soon as possible. Any failure to do so may
result in a delay in the listing of the Property or the refusal
by Livinc to list the Property. Livinc shall have no liability
to the Property Owner in such circumstances as a result of such
delay.
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Livinc may refuse any application as it may determine and may
remove any Property from the Listing Services as it may from
time to time determine (acting reasonably). Where it does so, it
is not required to give any reason or explanation to the
Property Owner.
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Where a Property is accepted for the Listing Services, Livinc
shall notify the Property Owner and details will be available on
the Platform via the dashboard function when the Property Owner
logs into its registered account.
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Each new or additional property which a Property Owner wishes to
list for the Listing Services must be submitted through the
application process outlined above.
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In so far as the Property Owner has access to the Livinc Platform,
it must also adhere to any reasonable restrictions on its use from
time to time as Livinc may specify.
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Livinc may refuse to perform the Listing Services at any time in
respect of any Property which fails to meet any Livinc polices and
standards in force from time to time. Any right of Livinc to refuse
a property or remove a Property at any time shall not infer an
obligation on Livinc to vet a Property and the responsibility to
ensure that the Property meets all legislative and other legal
requirements shall at all times remain the responsibility of the
Property Owner.
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Livinc does not give any assurance or guarantee as to where or how a
Property is listed or ranked on the Platform including as a result
of any search criteria which may be inputted. Listings are in many
cases driven by factors beyond the control of Livinc including by
way of example only, reviews and search filters.
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From time to time, Livinc may include a “featured
property” as a marketing tool. Nothing shall however oblige
Livinc to include any Property as such and any such activity is
entirely at the discretion of Livinc. Livinc reserves the
right to raise an additional fee for a featured property listing in
accordance with its then current pricing for such additional
marketing feature. Where it is agreed that a Property is to be
featured and where the relevant additional fee is agreed, the same
shall fall within the definition of the Listing Fee for the purpose
these Conditions, except as otherwise expressly agreed in writing
between the parties.
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Property Owner obligations
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The Property Owner shall at all times:
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provide in writing, all information as required by Livinc in
relation to the Property to include specifications,
descriptions, diagrams, instructions, usage instructions and
safety information as well as information about the Property
Owner including quality assurance information, business
operations of the Property Owner, and all other information as
Livinc may reasonably require, to prepare for and supply the
Listing Services. The Property Owner must also provide full and
complete information about the Charges and any other fees and
costs, taxation policy and amounts payable in respect of taxes
and similar, together with a full and clear breakdown of how the
Charges are comprised so as to ensure that the Customer is
provided with all relevant and complete information. In these
Conditions, all the information provided by the Property Owner
to Livinc in accordance with the foregoing is referred to as the
Property Data;
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ensure that all information (including but not limited to
Property Data) which it provides to Livinc is complete and
accurate in all material respects and remains so. The Property
Owner shall be responsible for all Property Data updates and
shall notify Livinc immediately on becoming aware of any error
or change and any modified information provided to correct any
inaccuracies or by way of updates shall thereafter be included
in the Property Data. Livinc shall not be required to check or
assess any Property Data;
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remain responsible for updating photos and other images through
the Platform and ensuring that the Property Data remains a
genuine reflection of the Property and facilities at all times;
- co-operate with Livinc as Livinc may reasonably require;
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respond to all questions and enquiries accurately, in full and
as soon as possible;
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at all times remain responsible for all compliance and legal and
regulatory requirements applicable to the Property (including
the management of environmental risks) and shall implement a
system for management of the same;
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ensure that it complies with any other obligations, local laws
and other requirements which apply to or at the Property and to
its ability to offer and perform the Accommodation Services.
This includes without limitation compliance with parking
restrictions, zoning restrictions, landlord consents and
eviction laws and it the responsibility of the Property Owner to
undertake its own checks in advance of using any Listing
Services;
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at all times comply with all compliance and legal and regulatory
requirements relating to its business and operations including
laws in relation to anti-slavery, human rights,
anti-trafficking/anti-human-trafficking;
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meet all taxation obligations to which it is liable and the
Property Owner is responsible for determining all taxation
liabilities to which it is subject and for dealing with the same
with the relevant authorities;
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provide Livinc, its employees, agents, consultants and
subcontractors, with clear and safe access to the Property if
reasonably required by Livinc for example, Livinc may request an
ad-hoc Property visit where its staff may be in the locality
(but for the avoidance of doubt, any such visits shall not in
any way be taken to be an endorsement of, or checks in relation
to, the standards and obligations which the Property Owner has
under this Contract or otherwise);
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obtain and maintain in good time, all necessary licences,
permissions and consents which may be required in respect of the
Property;
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comply with all applicable laws, including health and safety
laws in relation to the Property including ensuring that the
following are all up to date: gas safety certificate, electrical
inspection report, electrical equipment safety certificate and
fire risk assessment;
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ensure that the Property is at all times in clean, tidy, good
and habitable condition and of a quality standard commensurate
to the standard stated within the relevant Property Data;
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advise Livinc of any changes to or requirements which fall
outside the scope of the Confirmation as soon as is reasonably
practicable;
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ensure that the Property meets and continues to meet the
standards, requirements and specifications at all times as the
Property Owner confirmed at the time of making its application
for that Property to be included in the Listing Services;
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adhere to and honour all terms agreed between the Property Owner
and the Customer as set out in the Accommodation Agreement and
not change the same or seek to change the same in breach of such
Accommodation Agreement which obligation shall include an
obligation on the Property Owner to at all times honour the
agreed Charges.
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not seek to charge a Customer interest on any late payment at
more than a rate of three percent (3%) a year above the base
lending rate of the Bank of England from time to time to accrue
on a daily basis from the due date until the date of actual
payment of the overdue amount;
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grant and continue to grant to the extent and for such duration
as is necessary or desirable, such rights to Livinc as Livinc
may reasonably require in order for Livinc to perform its
obligations under or in connection with the User Terms set out
in the appendix to these Conditions;
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comply with Data Protection Legislation as defined in clause 11;
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notify Livinc in writing if at any time, the Property Owner
becomes aware of any breach of any of the foregoing.
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The Property Owner shall not, without prior written consent, use or
hold itself out as being authorised to use, any Intellectual
Property Rights of Livinc.
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The Property Owner shall at all times adhere to any and all policies
and guidance as may be reasonably specified by Livinc for use of the
Platform, including in relation to any IT security or other security
measures as Livinc may reasonably determine.
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The Property Owner warrants, represents and undertakes to Livinc
that:
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it has full capacity and authority and has all appropriate
approvals and permissions to enter into and perform this
Contract including valid legal title to all Property and/or all
necessary rights to provide the Accommodation Services in
accordance with the Accommodation Agreement;
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there are no rights owned or used by any third party or any
other licence with any third party which would conflict with the
rights of Livinc under this Contract or which would otherwise
prevent or restrict to any extent, Livinc’s ability to
perform the Listing Services;
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performance by the Property Owner of this Contract, will not
result in a breach of any agreement, undertaking, arrangement,
licence or other instrument to which it is party, or any
applicable order, judgment or decree of any court, government
agency or regulatory body;
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it has the experience, capability and resources to perform its
part of this Contract in accordance with its terms;
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it has or will obtain promptly, all regulatory licences and
approvals required by it to fulfil its part of this Contract
including ensuring that it complies with all applicable
statutes, regulations and other legal requirements and that the
Property and performance of Accommodation Services shall comply
with applicable law including all applicable consumer law;
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all Property will comply with the description as set out in the
Property Data;
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it will perform the Accommodation Services in accordance with
the Accommodation Agreement and ensure that the Accommodation
Services are performed with reasonable care and skill, that the
Property is vacant and properly accessible (with keys/access
cards) for the duration of the Accommodation Services and that
that the Property Owner and its staff behave properly and
professionally to all guests and act towards them in good faith.
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Livinc shall not be liable for any delay or failure in performance
as a result of any inaccurate or out of date Property Data.
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If Livinc incurs any additional costs, charges, losses or expenses
as a result of relying on Property Data, the Property Owner shall
pay to Livinc, all such costs, charges, losses and expenses so
incurred, and Livinc shall raise an invoice for the same. Such
costs, charges, losses and expenses may include those incurred as a
result of any removal of the Property from the Platform, any rework
and reperformance of the Listing Services as well as reasonable
wasted time costs.
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The Property Owner will enter into an Accommodation Agreement
directly with the Customer for the provision of the Accommodation
Services. It is the sole responsibility of the Property Owner to
provide the Accommodation Services in accordance with the
Accommodation Agreement. The Accommodation Agreement is
between the Property Owner and the Customer only and Livinc is NOT a
party to it. The Accommodation Agreement includes the Booking
Summary (including all Restrictions).
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The content and form of the Accommodation Agreement shall be for the
Property Owner to determine (subject to agreement by a Customer) and
the Property Owner is responsible for ensuring that at all times the
Accommodation Agreement:
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takes account of and reflects to the extent appropriate, the
User Terms and that nothing in the Accommodation Agreement
conflicts with the User Terms nor reduces or dilutes the rights
afforded to a Customer or Livinc thereunder; and
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is fair and reasonable including being suitable where
applicable, for use with Customers who are consumers and does
not exclude any liability which it would be unlawful to exclude;
and
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takes account of all statutory requirements and applicable law
(including applicable consumer law including taking account of
any cancellation and refund rights afforded to consumers) as
relevant to the nature of the Accommodation Services and
advertising thereof; and
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includes any Restrictions as the Property Owner considers
appropriate.
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From time to time, Livinc may make available a form of accommodation
agreement which the Property Owner may choose to use as its
Accommodation Agreement but the Property Owner is not obliged to do
so and the provision by Livinc of any such form of accommodation
agreement:
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is as a courtesy and convenience to the Property Owner only and
Livinc shall not under any circumstances be liable for the
content of the same; and
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does not in any way preclude the Property Owner’s
obligations in clause 6.7 and clause 6.8 and the Property Owner
remains fully liable and responsible for determining the content
of and performance in accordance with the Accommodation
Agreement; and
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should not be construed as in any way constituting advice as to
what is or is not suitable for such arrangement.
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The Property Owner must upload its Accommodation Agreement to the
Platform. That form of Accommodation Agreement so uploaded by the
Property Owner will be the form of Accommodation Agreement which is
then presented to the Customer for the purpose of the Customer
making a booking for and contracting for, Accommodation
Services. Livinc does not check or verify the content of
such Accommodation Agreement (including any Restrictions) in any way
and the same shall be automatically uploaded for presentation to the
Customer in the same form as the Property Owner provides such
information via the Platform.
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The way in which the Property Owner provides the Accommodation
Services shall be for it to determine provided that the Property
Owner shall not do anything in any way which may damage the
reputation or goodwill of Livinc or cause Livinc to breach the User
Terms.
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The Property Owner is put on notice that all contractual,
insurance, compliance and other legal issues and checks, are its
responsibility, that the services to be performed by Livinc are
limited to the Listing Services only and do not in any way
extend to:
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the provision of any Accommodation Services; or
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advice on or endorsement of, any Accommodation
Agreement;
nor shall Livinc be responsible for the content of any Accommodation
Agreement. Livinc strongly advises the Property Owner to seek
legal advice in connection with any Accommodation Agreement,
performance of the Accommodation Services and all other activities
which are connected to the Accommodation Services and the Property
Owner’s operations.
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Under no circumstances must the Property Owner submit or upload or
otherwise use in connection with the Platform or the Listing Services or
otherwise, any information which is:
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defamatory of any person, discriminatory in any way, obscene,
offensive, hateful or inflammatory;
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insulting, intimidating or humiliating or incites violence or hatred
against particular groups;
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includes content that would be considered a criminal offence under
laws relating to terrorism, abuse or exploitation, racism or
xenophobia; or
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infringes any copyright, trade marks or other intellectual property
rights of any person.
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Livinc reserves the right to:
- remove any content; and/or
- terminate this Contract;
at any time where the Property Owner breaches any of the provisions of
clause 6.13.
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The nature of the Listing Service is such that where a Property is
listed and a potential booking is to be made by a Customer, that booking
may either be accepted instantly by way of the automation on the
Platform where specified by the Property Owner or may require the
approval or rejection of the proposed booking by the Property Owner such
that it is classed as an “on request” booking. The Property
Owner shall be responsible for instructing Livinc as to a Property which
may only be reserved on an “on request” basis and if the
Property Owner fails to provide such instruction, Livinc shall be
entitled to treat a Property of being capable of automated booking
acceptance.
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The Property Owner should provide approval or rejection for an “on
request” Property without undue delay and in any event by no later
than by 48 hours from the time of the request for approval or rejection
being sent by Livinc.
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Any third party which the Property Owner may use in fulfilling the
Accommodation Services shall be appointed directly by it and the
Property Owner shall remain responsible for such third parties at all
times.
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Livinc rights and remedies
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Without prejudice to its other rights and remedies, Livinc shall be
entitled to reject the listing of any Property or at any time remove
from the Platform, any Property which is not in accordance with this
Contract (or Livinc’s reasonable standards and quality
assurance requirements as specified from time to time) irrespective
of when such defect or failure is discovered, in particular, taking
into account the nature of the Listing Services and the promotion of
Property to consumers.
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If the Property Owner fails to perform any of its obligations set
out in clause 6 then, without limiting or affecting its other rights
and remedies, Livinc shall have the right to:
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terminate this Contract in whole or in part with immediate
effect by giving written notice to the Property Owner; and/or
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suspend the Listing Services whether in whole or in part; and/or
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exclude or remove any relevant Property from listing on the
Platform; and/or
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suspend the relevant Property from being listed on the Platform
whether temporarily (for such period as Livinc may determine) or
permanently; and/or
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block the Property Owner for future listing on the Platform
whether under this Contract or any other contract.
-
Without prejudice to any other right or remedy of Livinc, the
Property Owner shall indemnify and keep indemnified, Livinc against
any and all liabilities, costs, claims, expenses, damages and losses
(including but not limited to any direct, indirect or consequential
losses, loss of profit, loss of reputation and all interest,
penalties and legal costs (calculated on a full indemnity basis)
(without set-off, counterclaim and/or reduction) (and whether or not
such matters were foreseeable or foreseen at the date of this
Contract) arising out of or in connection with:
-
any breach of statutory duty by the Property Owner including
without limitation any liability under relevant consumer
protection legislation;
- breach of any of the provisions of clause 6;
- a failure to ensure the accuracy of the Property Data;
-
any tax liability which the Property Owner is responsible for;
-
any claim made against Livinc by a third party for death,
personal injury or damage to property arising out of, or in
connection with, defects in the Property, to the extent that
such defects are attributable to the acts or omissions of the
Property Owner, its Customers, its employees, agents or
subcontractors; and
-
any claim made against Livinc by a third party arising out of or
in connection with the let of the Property to the extent that
such claim arises out of the breach, negligent performance or
failure or delay in performance of this Contract by the Property
Owner, its employees, agents or subcontractors.
-
This clause 7 shall survive termination or expiry of this Contract.
-
Property Owner default causing Livinc default
-
If Livinc’s performance of any of its obligations under this
Contract is prevented or delayed by any act or omission of the
Property Owner (Property Owner Default) then without limiting or
affecting any other right or remedy available to it, Livinc:
-
may suspend performance of the Listing Services until the
Property Owner remedies the Property Owner Default; and
-
may rely on the Property Owner Default to relieve it from the
performance of any of its obligations;
in each case to the extent that the Property Owner Default prevents or
delays Livinc’s performance of any of its obligations; and
-
Livinc shall not be liable for any costs or losses sustained or incurred
by the Property Owner arising from Livinc's failure or delay to perform
any of its obligations as set out in this Contract.
-
Listing Fees, payment and financial
arrangements
-
The Property Owner shall incur the Listing Fee in consideration of
the performance by Livinc of the Listing Services. The payment of
the Listing Fee shall be dealt with in accordance with this clause
9.
-
Without prejudice to its rights in clause 1, Livinc may change its
Listing Fee at any time:
-
as a result of any request by the Property Owner to change the
nature of the Listing Services;
-
as a result of any delay caused by any instructions of the
Property Owner in respect of the Property or Listing Services or
failure of the Property Owner to give Livinc adequate or
accurate information or instructions in respect of the Property
or Listing Services including any failure to provide the
Property Data; or
-
as a result of any failure by the Property Owner to materially
perform its obligations under this Contract.
- once per annum.
-
Livinc also reserves the right to review and increase the Listing
Fee annually. In the event that a Property Owner does not agree to
such proposed increase in the Listing Fee, it may terminate this
Contract on not less than 30 days written notice to Livinc.
-
The Listing Services shall include Livinc handling the receipt and
onward transfer of Charges on behalf of the Property Owner and the
same shall be dealt with in accordance with the following:
-
a Customer may make a payment of the Charges via the Platform
(but taking account of the provisions of clause 9.5 below in
respect of bookings of a duration of one month or more). Any
such payment collection is undertaken by Livinc as agent for the
Property Owner only and except as provided in clause 9.4 (b)
below regarding the Listing Fee, Livinc shall have no interest
in or entitlement to, Charges received from a Customer;
-
Livinc shall be responsible for the onward payment of the
Charges to the Property Owner but shall be entitled to deduct
from such sum, the Listing Fee, provided that the same has been
properly invoiced by Livinc to the Property Owner;
-
the Charges shall be collected by Livinc from the Customer on
behalf of the Property Owner at the time of booking and in any
event, in advance of the Customer’s check-in date or
otherwise as instructed by the Property Owner taking account of
its obligations in the relevant Accommodation Agreement;
-
in respect of stays of less than one month’s duration, the
Charges (subject to the provisions of clause 9.4(b) and (c)),
shall be transferred in full to the Property Owner no sooner
than 24 hours following the Customer checking in at the Property
for the relevant Accommodation Services;
-
in respect of stays of duration of one month or more, those
Charges which are collected by Livinc (taking account of clause
9.5), shall be transferred to the Property Owner in monthly
instalments (subject to the provisions of clause 9.4(b)) with
the first monthly instalment being paid no earlier than 24 hours
following the Customer checking in at the Property for the
relevant Accommodation Services and monthly thereafter, with any
final transfer of Charges being made by no sooner than 24 hours
following the end of the relevant stay;
-
Livinc shall invoice the Listing Fee to the Property Owner by
including the same on the Property Owner’s account on the
Platform. The invoice shall be automatically generated and is
available to the Property Owner for download from the date on
which a relevant Property booking is made. The Property
Owner shall be responsible for accessing and downloading all
invoices.
-
the Property Owner should not cancel a Customer’s booking
for Accommodation Services without good cause and in any event
only in accordance with the Accommodation Agreement. Where a
cancellation does take place or where the Customer cancels the
booking for Accommodation Services or otherwise if any Charges
refund amounts are due to the Customer and Livinc still holds
those funds, Livinc shall repay the same to the Customer on
behalf of the Property Owner and only any balance then due to
the Property Owner shall be transferred to it. All
instructions for refunds must be provided by the Property Owner
without delay and in accordance with the Accommodation
Agreement. Where Livinc is no longer in funds in respect
of the refund amount due because Charges have been already
transferred to the Property Owner, the Property Owner shall be
fully liable for making a refund payment of Charges to the
Customer directly and Livinc shall not do so on its behalf.
Notwithstanding the foregoing, Livinc shall be entitled to
raise an invoice to the Property Owner for any due Listing Fee
which the Property Owner shall pay within 30 days of invoice
date.
-
In some cases, it may be agreed that for stays of one month or more,
only the first month’s Charges shall be collected by Livinc
such that subsequent payments of the Charges are to be made directly
to the Property Owner by the Customer. In such cases, the Property
Owner shall make that arrangement clear to the Customer by stating
such position in the Accommodation Agreement and shall also clearly
notify Livinc of this requirement in writing. Livinc shall only be
required to collect any Charges for such stays of one month or more
where it expressly agrees to do so.
-
The collection and transfer of Charges is part of the Listing
Service and is a limited payment collection agent role only for the
purpose of accepting and onward transferring payments on behalf of
the Property Owner. Under no circumstances shall Livinc be required
to pay Charges to the Property Owner where the Customer has failed
to make that payment in full and clear funds and in the event of a
delayed payment by the Customer, the transfer of payment by Livinc
to the Property Owner shall be delayed by a corresponding period to
reflect such delay.
-
Notwithstanding its right to deduct the Listing Fee from the onward
payment of the Charges to the Property Owner, Livinc may in any
event where for any reason such payment does not take place, raise
an invoice to the Property Owner and the Property Owner shall pay
the Listing Fee.
-
Subject to clause 9.4 (b), the Property Owner shall pay each invoice
submitted by Livinc within 30 days of the date of the invoice in
full and in cleared funds to a bank account nominated in writing by
Livinc and time for payment of the Listing Fee shall be of the
essence of this Contract.
-
All amounts payable by the Property Owner to Livinc under this
Contract are exclusive of amounts in respect of value added tax as
may be properly chargeable from time to time (VAT). Where any
taxable supply for VAT purposes is made under this Contract by
Livinc to the Property Owner, the Property Owner shall, on receipt
of a valid VAT invoice from Livinc, pay to Livinc such additional
amounts in respect of VAT as are chargeable on the supply.For any given booking, where the Property Owners place of
supply is outside of the United Kingdom, the supply will be
subject to the VAT Reverse Charge in the Property Owners country
and therefore Livinc will not charge VAT to the Property
Owner.
-
If a party fails to make a payment due to the other under this
Contract by the due date, then, without limiting that party’s
other rights and remedies, the party from which the payment is due
shall pay interest on the overdue sum from the due date until
payment of the overdue sum, whether before or after judgment.
Interest under this clause 9.10 will accrue each day at 2% (two per
cent) a year above Bank of Englandbase rate from time to time, but
at 2% a year for any period when that base rate is below 0%.
Interest shall be compounded monthly on the overdue amount until
payment thereof. The right to charge interest shall not
however apply to any delay in onward transfer of any Charges to the
Property Owner.
-
Without prejudice to its other rights and remedies, Livinc reserves
the right to suspend or cease performance of the Listing Services in
the event that the Property Owner fails to make payment of any
Listing Fee or any other any sum due to Livinc as it falls due.
-
All payments will be made in the currency of Livinc’s invoice
raised with the Property Owner.
-
Livinc shall have the right to deduct any sums owed to it by
offsetting any such sums against any future payments due to the
Property Owner.
-
The Property Owner shall be responsible for ensuring the accuracy of
its bank account payee details and for keeping Livinc informed of
any changes thereto.
-
Intellectual property rights
-
All Intellectual Property Rights in or arising out of performance of
the Listing Services subject to the rights of any third-party
licensors, and other than Intellectual Property Rights in materials
provided by the Property Owner, are vested in and shall remain
vested in Livinc and nothing shall operate to transfer any such
Intellectual Property Rights to the Property Owner.
-
To the extent necessary or desirable for the performance of the
Listing Services, the Property Owner grants to Livinc a
non-exclusive, royalty-free, transferable, worldwide licence to
copy, modify and otherwise use the Property Data and any other
materials and information provided by the Property Owner to Livinc
or otherwise uploaded onto the Platform, all Intellectual Property
Rights therein and all brand information, logos, devices, get up and
all other manifestations of Intellectual Property Rights as
Livinc may require. The licence so granted to Livinc
shall also be capable of sub-licence for the purpose of
Livinc’s appointment of any sub-contractors and shall last for
as long as required to give full effect to the terms and conditions
of this Contract. If any third-party consents, licences or
other permissions are required to give full force and effect to the
licence referred to in this clause2, the Property Owner shall be
responsible for procuring the same for the full benefit of Livinc.
-
The Property Owner warrants, represents and undertakes that the
Property Data and other information provided to Livinc in accordance
with these Conditions does not and will not infringe any
Intellectual Property Rights of any third party.
-
The Property Owner defends Livinc from and against, and shall
indemnify and hold harmless and continue to indemnify and hold
harmless, Livinc from and against, any and all loss, damage,
liability, actions, proceedings, damages, costs, claims (made or
threatened) and expenses which Livinc may suffer or incur as a
result of or in connection with:
-
a breach of any of the elements of the warranty at clause 10.3;
and
-
any infringement or claim or allegation of infringement of any
third-party Intellectual Property Rights.
-
If the Property Owner becomes aware of any such breach,
infringement, allegation or claim or threat of the same or
circumstances which may lead to such breach, infringement,
allegation or claim, it shall inform Livinc without any delay.
-
If at any time, the Property Owner fails to comply with any of the
provisions of this clause 10 or if Livinc receives or becomes aware
of any notice of any breach, infringement, claim or allegation of a
claim of infringement of any Intellectual Property Rights, Livinc
may, without prejudice to any other right of action Livinc may have:
-
suspend performance of the Listing Services in whole or in part;
and/or
-
stop performing any of the Listing Services in whole or in part
in respect of the elements which are found to be infringing or
in respect of which there is an allegation of a breach; and/or
-
remove Property from the Platform with immediate effect; and/or
- terminate this Contract with immediate effect.
-
The provisions of this clause 10 shall be without prejudice to the
rights of Livinc as otherwise set out in this Contract and shall
survive the termination or expiry of this Contract.
-
Data protection
-
In this clause 11, Data Protection Legislation meansall applicable
data protection and privacy legislation in force from time to time
in the UK including the retained EU law version of the General Data
Protection Regulation ((EU) 2016/679) (UK GDPR); the Data Protection Act 2018 (and regulations thereunder) and
the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended, and the guidance and codes of practice issued by the
Information Commissioner or other relevant regulatory authority.
-
Both parties will comply with all applicable requirements of the
Data Protection Legislation. This clause 11 is in addition to, and
does not relieve, remove or replace, a party's obligations or rights
under the Data Protection Legislation.
-
Without prejudice to the foregoing, each party shall:
-
ensure that it has all necessary notices and consents and lawful
bases in place to enable lawful transfer of relevant Personal
Data to the other and to any supplier, agent, customer or
contractor as required for the proper performance of this
Contract;
-
process the Personal Data provided by the other party, only for
the purpose for which it was disclosed in relation to the
performance of obligations under this Contract;
-
not disclose or allow access to the Personal Data received from
the other party, to anyone other than its agents, employees,
contractors and other persons who need to know the same for the
purpose of performance of this Contract;
-
ensure that it has in place appropriate technical and
organisational measures, reviewed and approved by the other
party where practicable, to protect against unauthorised or
unlawful processing of any Personal Data and against accidental
loss or destruction of, or damage to, Personal Data;
-
not transfer any of the Personal Data received from the other
party, outside the EEA unless the transferor ensures that (i)
the transfer is to a country approved under applicable Data
Protection Legislation as providing adequate protection; or (ii)
there are appropriate safeguards in place pursuant to the
applicable Data Protection Legislation; or (iii) the transferor
otherwise complies with its obligations under the applicable
Data Protection Legislation by providing an adequate level of
protection to any personal data that is transferred; or (iv) one
of the derogations for specific situations in the applicable
Data Protection Legislation applies to the transfer.
-
Each party shall assist the other (at that other party’s cost)
in that other party complying with all applicable requirements of
the Data Protection Legislation in relation to Personal Data which
that latter party has received for the purpose of this Contract. In
particular, each party shall:
-
assist the other party (at the cost of that other party), in
ensuring compliance with its obligations under the Data
Protection Legislation with respect to security, personal data
breach notifications, data protection impact assessments and
consultations with the Information Commissioner or other
regulators;
-
notify the other party without undue delay on becoming aware of
any breach of the Data Protection Legislation;
-
use compatible technology for the processing of that Personal
Data to ensure that there is no lack of accuracy resulting from
personal data transfers; and
-
maintain complete and accurate records and information to
demonstrate its compliance with this clause 4 and allow for
audits by the other party or the other party's designated
auditor where required.
-
The Property Owner shall comply at all times with the Livinc
acceptable use policy and privacy policy as may apply to the
Platform from time to time.
-
The Property Owner shall not actively approach, solicit or market
its services or properties to Customers introduced by Livinc under
this Contract while this Contract remains in full force and effect.
Any offers or promotions such as a reduction in rates, offer periods
and specials and other deals shall be notified to Livinc. In
particular, the Property Owner must not, once a booking is made,
seek to deal with the Customer directly so as to circumvent
Livinc’s role in performing the Listing Services with a view
to avoiding the payment of or reducing, the Listing Fee. If a
Property Owner engages in such activity or seeks to do so or allows
such behaviour to take place on its behalf then the Property Owner
shall remain liable to Livinc to pay the Listing Fee in full.
-
Confidentiality
-
Each of Livinc and the Property Owner (a
receiving party) shall keep in strict confidence,
all information of a confidential nature belonging to, pertaining to
or provided by the other party (disclosing party)
(or any other member of its group of companies where relevant),
including information relating to the business, finances, affairs,
customers or suppliers of the disclosing party, all technical and
commercial know-how, business information, processes and
initiatives, plans and projections, together with the terms of and
existence of this Contract and any other confidential information
concerning the disclosing party’s business, products and
services, which has been disclosed to the receiving party, its
employees, agents or subcontractors (in each case, the
Confidential Information).
-
A receiving party may disclose the disclosing party's Confidential
Information:
-
to its employees, officers, representatives, contractors,
subcontractors or advisers who need to know such information for
the purposes of exercising the party's rights or carrying out
its obligations under this Contract and shall make sure that
such recipients of the Confidential Information comply with
terms which are no less onerous that those set out in this
clause 12 with regard to such Confidential Information; and
-
as may be required by law, a court of competent jurisdiction or
any governmental or regulatory authority.
-
Without affecting the foregoing provisions, Livinc may disclose
information of the Property Owner, including any Confidential
Information to any subcontractor which it uses for the performance
of the Listing Services including any third provider used in making
available, the Platform or the providers of any sales channels used,
in order to comply with any terms and conditions in place from time
to time, with the relevant third party provider.
-
Neither party shall use the other party's Confidential Information
for any purpose other than to exercise its rights and perform its
obligations under or in connection with this Contract, without the
prior express written agreement of the other.
-
Each party shall be responsible for any unauthorised disclosure made
by any of its employees, agents, contractors or other persons to
whom it has disclosed the Confidential Information and shall take
all reasonable precautions to prevent such unauthorised disclosures.
-
This clause 12 shall survive the termination or expiry of this
Contract.
-
Limitation of liability
-
Nothing in this Contract limits or excludes any liability which
cannot legally be limited or excluded, including without limitation,
liability for death or personal injury caused by negligence, for
fraud or fraudulent misrepresentation or any other matter which
cannot be limited or excluded as a matter of law.
-
Subject to clause 1, Livinc shall under no circumstances be liable
whether in contract, tort (including negligence), for breach of
statutory duty, under any indemnity or otherwise howsoever arising
for any costs, claims, damages, liabilities or expenses in respect
of any of the following types of loss:
- loss of profits (whether direct or indirect);
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of use of money;
-
loss of use or corruption of software, data or information;
- loss of or damage to goodwill;
- loss of management time; or
- any indirect, special or consequential loss;
and the parties agree that the categories of loss as referred to at this
clause 13.2 shall be distinct and severable.
-
Subject to clause 1 and clause 13.2, Livinc’s total liability to
the Property Owner arising under or in connection with this Contract,
whether in contract, tort (including negligence), breach of statutory
duty, under any indemnity or otherwise howsoever arising, shall in no
circumstances exceed an amount equal to twice (x 2) the total Listing
Fees paid by the Property Owner to Livinc in the year in which the event
giving rise to the liability occurred. This limitation on liability is
not intended to in any way act as a limitation on the amount of the
Charges to be properly transferred to the Property Owner from Livinc as
part of the Listing Services performance.
-
Subject to clause 1, the restrictions on liability in this clause 13
apply to every liability arising under or in connection with this
Contract including liability in contract, tort (including negligence),
misrepresentation, indemnity, restitution or otherwise. The Property
Owner acknowledges and agrees that the liability position set out herein
is an accurate reflection of the level of risk to be adopted by the
parties and takes account of the commercial terms, including as to the
Listing Fee and the basis on which the parties have agreed to contract.
-
Livinc shall not be in any way liable for the condition of the Property,
any actions of Customers including any damage to Property caused or for
any related matters such as removal of any Customers from a property.
Livinc provides the Listing Service only which is strictly limited to an
online advertising Platform and Charges collection on behalf of the
Property Owner only. The Listing Services shall not include any vetting
or verification of the Property or the Customers, dealing with or
responsibility for any Customer behaviour or act, the taking or handling
of any security deposit or other sums as the Property Owner may choose
to levy, any amounts which the Property Owner is liable to pay to the
Customer (or any member of the Customer’s party or other third
party associated with the Customer), the provision of Accommodation
Services or for any other dealings with the Customers and all such
matters shall at all times remain the responsibility of the Property
Owner. If at any time (but without obligation) Livinc deals with
any queries raised by either a Property Owner or a Customer in relation
to damage or alleged damage to a Property, the Property Owner must
provide evidence, including check-in and check-out reports, clear
photographs and arrival and departure inventories.
-
The Property Owner is responsible for making its own arrangements for
the insurance of:
-
the Property (and is advised to maintain insurance in respect of the
full replacement value of the Property and its contents);
- the performance of the Accommodation Services;
-
for any other loss or liability in excess of the liability of Livinc
as stated in this Contract;
-
the performance of the Property Owner’s obligations under this
Contract and of its obligations under the Accommodation Agreement.
-
This clause 13 shall survive termination or expiry of this Contract.
-
Duration, termination and suspension
-
This Contract shall come into force when the Property Owner is
accepted by Livinc as authorised and an account is created. This is
also usually when the first Property is listed but if Livinc accepts
the Property Owner as authorised but the first Property is not
listed until a later time, then this Contract shall in any event
come into force on authorisation which will be notified to the
Property Owner via email or in the Property Owner’s account
details. Subject to earlier termination in
accordance with its terms, this Contract shall continue in full
force and effect unless or until terminated by either party by
giving to the other not less than 7 days’ written notice
subject always to the provisions of clause 14.4 (d).
-
Without affecting any other right or remedy available to it, either
party may terminate this Contract with immediate effect by giving
written notice to the other party if:
-
the other party commits a material breach of its obligations
under this Contract and (if such breach is remediable) fails to
remedy that breach within 30 days after receipt of notice in
writing to do so;
-
the other party repeatedly breaches any of the terms of this
Contract in such a manner as to reasonably justify the opinion
that its conduct is inconsistent with it having the intention or
ability to give effect to its the terms;
-
the other party takes any step or action in connection with its
entering administration, provisional liquidation or any
composition or arrangement with its creditors (other than in
relation to a solvent restructuring), being wound up, having an
administrator or receiver or administrative receiver appointed
to any of its assets or ceasing to carry on business or if the
Property Owner takes any step or action in connection with being
or becomes bankrupt, entering any composition or arrangement
with its creditors, or if the step or action is taken in another
jurisdiction, in connection with any analogous procedure;
-
the other party ceases, or threatens to cease, to carry on all
or substantially the whole of its business;
-
any event occurs, or proceeding is taken, with respect to the
other party in any jurisdiction to which it is subject that has
an effect equivalent or similar to any of the events mentioned
in clause 1 (c).
-
Without limiting its other rights or remedies, Livinc may terminate
this Contract with immediate effect by giving written notice to the
Property Owner if:
-
the Property Owner fails to make any payment of the Listing Fee
or part thereof or any other sums due to Livinc in accordance
with these Conditions on the due date for payment and fails to
remedy such late payment within seven days from the due date;
-
the Property Owner's financial position deteriorates so far as
to reasonably justify the opinion that its ability to give
effect to the terms of this Contract is in jeopardy or if Livinc
reasonably believes that the Property Owner is about to become
subject to any of the events mentioned in clause 1 (c);
-
the Contract between Livinc and its Platform provider is
terminated or otherwise if the Platform is not available;
-
the Property Owner is subject to repeated customer complaints or
poor reviews or repeatedly cancels any Customer bookings without
good cause or breaches the terms of an Accommodation Agreement.
-
On termination of this Contract:
-
the Property Owner shall immediately pay to Livinc all of
Livinc’s outstanding unpaid invoices and interest and, in
respect of Listing Services supplied but for which no invoice
has been submitted or in respect of any other sums due hereunder
to Livinc, Livinc shall submit an invoice, which shall be
payable by the Property Owner immediately on receipt;
-
Livinc reserves the right to provide to the Property Owner, a
statement by no later than 30 days following the date of
termination of this Contract, setting out such costs and
expenses, (at all times acting reasonably and taking account of
mitigating factors in assessing such costs and expenses) as
Livinc has incurred as at the termination date but in respect of
which no payment has been made by the Property Owner. Livinc
shall reconcile such amounts with monies received from the
Property Owner and raise an invoice, to be paid by the Property
Owner, including such sums set out in the aforementioned
statement in order to settle the Property Owner account.
In the event that the statement supplied in accordance with this
clause 4(b), demonstrates that a credit is due to the Property
Owner, Livinc shall pay any such sum then due to the Property
Owner without undue delay;
-
all Properties of the Property Owner shall be removed from the
Platform and shall no longer be available for any future
booking;
-
the Property Owner shall fulfil all Customer Accommodation
Agreements already entered into as at the date of termination
and Livinc shall continue to handle any payments in accordance
with clause 9 but subject to any reasonable longstop date as
Livinc may acting reasonably, determine.
-
Termination or expiry of this Contract shall not affect any rights,
remedies, obligations and liabilities of the parties that have
accrued up to the date of termination or expiry, including the right
to claim damages in respect of any breach of this Contract which
existed at or before the date of termination or expiry.
-
Any provision of this Contract that expressly or by implication is
intended to have effect after termination or expiry shall continue
in full force and effect.
-
Force majeure
-
Neither party shall be in breach of this Contract nor liable for
delay in performing or failure to perform, any of its obligations
under this Contract if such delay or failure results from a Force
Majeure Event. A Force Majeure Event means an
event beyond a party’s reasonable control which by its nature
could not have been foreseen or if it could have been foreseen was
unavoidable, including strikes, lock-outs or other industrial
disputes (whether involving its own workforce or a third
party’s), failure of energy or transport network, failure of a
utility service or telecommunications network or the internet, acts
of God, war, terrorism, riot, civil commotion, armed conflict,
malicious damage, breakdown of plant or machinery, nuclear, chemical
or biological contamination, explosion, collapse of building
structures, fire, flood, storm, earthquake, loss at sea, epidemic,
pandemic, natural disasters or extreme adverse weather conditions or
default of suppliers or subcontractors.
-
In such circumstances the affected party shall be entitled to a
reasonable extension of the time for performing such If the period
of delay or non-performance continues for a period of more than one
month, the party not affected may terminate this Contract by giving
sevent days' written notice to the affected party.
- Notices
Any notice or other communication given to a party under or in connection
with this Contract shall be in writing and shall be addressed to that
party at its registered office or such other address as that party may
have specified to the other party in writing and shall be delivered
personally or sent by prepaid first-class post or other next working day
delivery service, by commercial courier or by email. A notice shall be
deemed to have been received: if delivered personally, when left at the
relevant address; if sent by pre-paid first class post or other next
working day delivery service, at 9.00 am on the second Business Day after
posting; if delivered by commercial courier, on the date and at the time
that the courier’s delivery receipt is signed; or if by email at the
time of transmission. The provisions of this clause 16 shall not apply to
the service of any proceedings or other documents in any legal action.
-
Miscellaneous
-
Livinc may at any time assign, mortgage, charge, subcontract,
delegate, declare a trust over or deal in any other manner with any
or all of its rights and obligations under this Contract. The
Property Owner shall not assign, transfer, mortgage, charge,
subcontract, delegate, declare a trust over or deal in any other
manner with any of its rights and obligations under this Contract
without the prior written consent of
-
If any provision or part-provision of this Contract is or becomes
invalid, illegal or unenforceable, it shall be deemed deleted, but
that shall not affect the validity and enforceability of the rest of
this Contract If any provision or part provision of this Contract
is deemed deleted under this clause 2, the parties shall
negotiate in good faith to agree a replacement provision that, to
the greatest extent possible, achieves the commercial result of the
original provision.
-
No failure or delay by a party to exercise any right or remedy
provided under this Contract or by law shall constitute a waiver of
that or any other right or remedy, nor shall it prevent or restrict
the further exercise of that or any other right or remedy. No single
or partial exercise of such right or remedy shall prevent or
restrict the further exercise of that or any other right or remedy.
-
Nothing in this Contract is intended to, or shall be deemed to,
establish any partnership or joint venture between the parties, or
authorise either party to make or enter into any commitments for or
on behalf of the other party except as otherwise expressly stated.
-
The Contract is the entire agreement between the parties and
supersedes and extinguishes all previous agreements, promises,
assurances, warranties, representations and understandings between
them, whether written or oral, relating to their subject matter.
-
Each party acknowledges that in entering into this Contract, it does
not rely on, and shall have no remedies in respect of, any
statement, representation, assurance or warranty (whether made
innocently or negligently) that is not set out in this Contract.
Each party agrees that it shall have no claim for innocent or
negligent misrepresentation based on any statement in this Contract.
-
Nothing in this clause shall limit or exclude any liability for
fraud.
-
Unless it expressly states otherwise, this Contract does not give
rise to any rights under this Contract s (Rights of Third Parties)
Act 1999 to enforce any term of this Contract. The rights of the
parties to rescind or vary this Contract are not subject to the
consent of any other person. Nothing in this Contract however shall
affect the statutory rights of a Customer.
-
Except as set out herein, no variation of this Contract shall be
effective unless it is agreed in writing and signed by the parties.
Livinc may however, vary its standard Conditions otherwise as it may
from time to time determine.
- The language of this Contract shall be English.
-
Each party warrants to the other that it is free to enter into this
Contract and that it has full capacity and authority, and all
necessary licences, permits and consents to enter into and perform
this Contract and that those signing this Contract are duly
authorised to bind the party for whom they sign.
-
The Contract and any dispute or claim (including non-contractual
disputes or claims) arising out of or in connection with it or its
subject matter or formation shall be governed by and construed in
accordance with the law of England and Wales.
-
Each party irrevocably agrees that the courts of England and Wales
shall have exclusive jurisdiction to settle any dispute or claim
(including non-contractual disputes or claims) arising out of or in
connection with this Contract or its subject matter or formation.
APPENDIX: USER TERMS
The following is a copy of the User Terms. Please refer to
clauses 1 and 6 above for further information.
Livinc Limited
User Terms and Conditions
ATTENTION: IMPORTANT PLEASE READ
Please find below, the User Terms and Conditions which apply when you
use our Website to search for and book a Property. Please read
them very carefully as they contain important information about the
basis on which this Website is made available and about the basis on
which you can use it and our Property booking facility.
YOU SHOULD READ ALL THE USER TERMS BUT YOUR ATTENTION IS DRAWN IN
PARTICULAR, TO CLAUSE 18 HEADED “OUR LIABILITY” AND TO
CLAUSE 8 HEADED “OWNER CONTRACT”.
If you do not accept or agree with any of these User Terms, please do
not continue to use our Website and you will not be able to use the
booking facility we provide.
Contact information is provided in clause 1 if you have any
questions.
-
About this Website and information about Livinc Limited
-
This Website is operated under the domain
livinc.com.
-
It is operated by Livinc Limited which is a company registered in
England and Wales with company number 13475639 and registered office
at Northgate, 118 North Street, Leeds, West Yorkshire, United
Kingdom, LS2 7PN. Livinc Limited is a private limited company.
-
Our main trading address is also as stated above and out VAT number
is
-
To contact us, please email
info@livinc.com or
telephone our customer service line on 0333 323 9010.
-
About these User Terms and the wording we use
-
These User Terms explain how, you a user, may use this Website and
book accommodation which we list on our Website.
-
In these User Terms, a number of terms (definitions) used are given
the following meanings:
Accommodation Cost: the cost of the Accommodation Service for the
relevant stay and duration, which is specified by the Owner and which is
incurred by you and due to the Owner, in accordance with the Owner
Contract. We may collect that Accommodation Cost as explained below
but where we do so, we do so only on behalf of the Owner.
Accommodation Service: the service by which an Owner allows Guests to stay
in a Property on the basis detailed in the Owner Contract.
Booking Facility: the booking facility which we make available on our
Website and which allows registered users to browse those Properties we
may list from time to time and to make a booking for Accommodation
Services with the relevant Owner.
Guest: a person staying in a Property. This includes you as the
person making the booking as the lead guest and all other members of your
party.
Owner: the company, first, or other person who has all rights to provide
Accommodation Services to a Guest, who lists their Property on our Website
and with whom you may enter into an Owner Contract for Accommodation
Services.
Owner Contract: the Owner’s contract terms, conditions and other
information for providing the Accommodation Service directly to you, all
of which forms the legal agreement between you and the Owner.
Property: a property, the details of which are listed on our Website and
which may be booked for Accommodation Services, via the booking function
on this Website.
User Terms: these user terms and conditions which apply to you when you
use our Website, browse the listed Properties and/or (as appropriate),
make a booking. The User Terms are distinct from the Owner Contact.
We, us, our: Livinc Limited whose details are set out above in the section
headed About this website and information about Livinc Limited.
Website: This website at
www.livinc.com.
You, your: You, the user of this Website being the person who acts
as the lead Guest and who makes the booking on behalf of your party of
Guests.
-
Property listing and booking - how it works
-
We provide a listing service to Owners which allows them to list and
advertise Properties on our Website whereby the relevant Owner
offers Accommodation Services in the Property.
- Through this Website, we also offer the Booking Facility.
-
Livinc is not the owner of the Properties and does NOT provide the
Accommodation Service (unless otherwise stated). The Properties
listed on our Website are owned by third party Owners, and the
related Accommodation Services are provided by the Owner directly to
you. That means that we act only as an intermediary in facilitating
bookings for Accommodation Services between you and the relevant
Owner. We do this by providing the Booking Facility.
-
To use the Booking Facility on our Website, you need to register
with us. This is explained in more detail in clause 6 below.
-
When you make a booking using the Booking Facility, a legal
agreement for the Accommodation Service will be entered into between
you and the Owner in the form of the Owner Contract. This is
explained in more detail in clause 8 below.
-
We do not ask you to pay us a fee for using our Website or the
Booking Facility.
-
Instead, the Owners are our customers and we are paid by those
Owners for allowing them to list their Property on our Website. When
a booking is made through our Website for their Property, the Owner
becomes responsible for paying that fee to us.
-
We do however, collect the Accommodation Cost from you on behalf of
the Owner. This is explained in clause 9 below.
-
By using our Website, you accept these User Terms
-
Although we do not charge you for using our Website or the Booking
Facility, we do ask you to confirm that you accept these User Terms
and that you agree to comply with them when you use our Website and
Booking Facility. It is very important that you read them carefully.
-
If you do not agree to these User Terms, you must not use our
Website or the Booking Facility we provide.
-
We recommend that you print a copy of these User Terms for future
reference.
-
Please note however, that we may update these User Terms from time
to time and you should check each time you use our Website for any
updates. In particular, each time you make a new booking, you should
revisit these User Terms and should not assume that they remain the
same as for any previous bookings you might have made in the past.
-
Our privacy policy and other important information
-
In addition to these User Terms, we also include other important
information on our Website which you should also read. This includes
our Privacy Policy which you can find by clicking
here [LINK].
-
Our Privacy Policy explains important information about the way in
which we use personal data relating to you and your Guests. It also
explains other information such as your rights in relation to the
personal data which we hold.
-
Similarly, we also provide information about the use of cookies on
our Website and you can see our Cookies Policy by clicking
here [LINK].
-
Registration
-
If you decide that you would like to make a booking, we ask that you
first register with us. Certain parts of our Website are only
available to registered users including, the Booking Facility.
-
When you register, we will ask for some key information from you
including name and contact details. The registration form will take
you through all the fields you are required to complete for
registration.
-
Please refer to clause 5 above about information on our
Privacy Policy [LINK] regarding how we treat personal data.
-
When you are a registered user, account information will be
generated and you will need to enter a password to access your
account. We may also from time to time, require completion of
security and authentication checks. You are responsible
for any account details, security information, passwords and other
information assigned to you or used by you as a registered
user. You must treat such information as confidential and must
not disclose it any other person. Account details should
only be used by you as the registered user and we cannot be
responsible for any unauthorised access to your account as a result
of your passing details to any other person or otherwise failing to
follow any security processes that we may require from time to time.
-
We reserve the right to refuse any person for registration or may
disable or suspend a registered account or registration code,
password or similar whether chosen by you or allocated by us, at any
time where we have reasonable grounds to do so. This includes if you
have failed to comply with any of the provisions of these User Terms
or otherwise, where we have concerns about the security of our
Website, user accounts or Owner details or if we have any reasonable
grounds to think that you may not be able to pay for any
Accommodation Cost in full such as if any payments are declined on
more than one occasion.
-
If you know or suspect that anyone other than you knows your
registration details you must promptly notify us at
info@livinc.com or telephone
our customer service line on 0333 323 9010.
-
Once you are a registered user, you can see information about your
bookings by also visiting the dashboard facility available when you
log in.
-
Searching and the booking process
-
You can browse our Website and can use the search filters on our
Website to look for Properties which may be suitable for you, based
on the search criteria you choose.
-
If you have found a Property you are interested in and want to make
a booking, you can proceed to the booking process which will take
you through the steps required to complete that process. You will
only be able to complete a booking for Accommodation Services once
you have registered with us.
-
The Properties we list may be either available for booking
straightaway or in some cases, may be available on what we refer to
as an “on request” basis.
-
For those Properties which are available to book straightaway, once
the booking process is complete and relevant payment has been made,
you will receive a booking confirmation from us.
-
For those Properties which are only available on request however,
you will need to contact the Owner to make enquiry about whether the
Property is available on your required dates and to meet your other
booking requirements. You will not be able to confirm your booking
unless and until we receive a response from the Owner, confirming
that the booking can be completed. This usually takes up to
two days but in some cases will be longer.
-
We will take reasonable steps to update you if we receive any
relevant information from the Property owner in the meantime but
cannot guarantee to always provide an update in this way as it
depends on any information we receive from the Owner.
-
Once we have a response in relation to an on request Property, we
will let you know. We will confirm to you whether the on request
Property is available in which case, we will send a booking
confirmation. If it is not available, we will try to help you find
an alternative if you would like us to do so.
-
If we do not receive a response from the Owner in the anticipated
timescale, the booking may time out and you will need to search for
another Property to meet your requirements. We will let you know if
this happens.
-
No booking will be confirmed until the relevant payment applicable
to your booking has been made and you have received a booking
confirmation.
-
When you receive your booking confirmation, please check the details
carefully and let us know in writing if you believe that there are
any errors.
-
If at any time you have any questions about a booking, you can use
the chat function which is available via the Website.
-
A booking made is for a particular room type or category but not for
a specific room. If you wish to book a particular room as opposed to
category, please do not proceed to booking without first raising an
enquiry with us and we will treat such request in accordance with
the process for our “on request” arrangements as
referred to above in this clause 7. Any such requests you make
after a booking has been made should be raised by you directly with
the Owner or on arrival at Property but cannot be guaranteed to be
available.
-
When you make a booking with us YOU agree to:
-
use our Booking Facility in line with the processes and
procedures which we reasonably specify;
-
make all payments for Accommodation Services on time and in the
correct amounts as specified in the Owner Contract so that we
can process payments of Accommodation Costs properly for our
Owner customers;
- enter into the Owner Contract and comply with the same;
- comply with your obligations under these User Terms.
-
When you make a booking with us WE agree to:
-
process your Accommodation Cost in accordance with the service
agreement which we have in place with the relevant Owner;
-
answer all enquiries from you as soon as we reasonably can and
pass on information which is relevant to your booking which we
receive from the relevant Owner;
- comply with our obligations under these User Terms.
-
Owner Contract
-
When you make a booking, you may be required to enter into an Owner
Contract.
-
The Owner Contract is a legal agreement between you and the Owner to
deal with the provision by the Owner of the Accommodation Services
to you and all other related matters as the Owner may require. It
will also set out your payment obligations.
-
We are not a party to the Owner Contract and all rights and remedies
to which you are entitled under that Owner Contract should be
pursued by you against the Owner. Any rights which the Owner may
have against you will also be pursued by the Owner against you under
that Owner Contract directly.
-
We will collect and handle payment of Accommodation Costs on behalf
of the Owner in accordance with the terms of the separate agreement
which we have in place with the Owner.
-
Our Booking Facility displays the content of the Owner Contract (and
other relevant information about the Property) as provided to us by
the Owner. We do not have control over the Owner Contract or its
content and we display that information on our Booking Facility as
it is provided to us by the Owner. The content of the Owner
Contract is therefore determined by the Owner and not by
us.
-
You can raise any questions you might have in relation to the Owner
Contract by using our question function, email us at
info@livinc.com or telephone
our customer service line on 0333 323 9010. We will pass those
questions on for Owner response but cannot guarantee that an Owner
will answer those questions or provide the information you require.
-
Please be aware that the details about the Property, its location
and facilities and type, the duration of stay, Accommodation Cost,
cancellation policies and any restrictions imposed by the Owner are
all matters between you and the Owner and form part of the Owner
Contract. To the extent that we provide that information to you, we
do so only on the basis of presenting that information as it is
provided to us by the Owner. We do not accept responsibility for any
errors in any information provided to us by the Owner or any person
on the Owner’s behalf.
-
Cancellation policies may vary for each Property and may take
account of various factors including how much you have agreed to pay
in Accommodation Costs. Any cancellation you might want to make must
be in accordance with any such cancellation policy of the Owner as
forms part of the Owner Contract.
-
If you agree to purchase any products or services aside from
Accommodation Services from the Owner, for example transfers,
experiences or products then as with the Accommodation Services
themselves, all such matters are to be determined between you and
the Owner (or any other provider of those services) and we shall not
have any responsibility in respect of them. Provision of any such
additional services or products shall be the subject of a separate
agreement as you may agree with the provider of such services,
products or other things (or may form part of the Owner Contract
where relevant) but we are not a party to any such agreement.
All applicable fees, costs and charges will be payable locally to
the Owner or other provider as stated in the relevant contract for
those products and services, unless otherwise stated in the booking
process.
-
We are not responsible for any breach by you or the Owner of any
provisions of the Owner Contract.
-
You are responsible for checking the Owner Contract including
all information as to Accommodation Cost and duration very
carefully before agreeing to it. You must read the Owner
Contract in full before placing your booking. If you do not
agree with anything included in the Owner Contract, you should
NOT proceed to book.
-
Accommodation Costs and payments
-
We usually collect the Accommodation Cost from you via the Booking
Facility.
-
In some circumstances such as for longer stays, you may be required
to pay the Owner directly but where that is the case, information
will be given to you prior to completion of the booking.
-
Where we collect Accommodation Costs we do so only on behalf of the
owner. To do this, we ask for payment card or digital payment method
details during the booking process. A list of available
payment methods is explained on the Website.
-
We store payment card or other digital payment method details
provided by you at the time of booking in order to take payments of
Accommodation Costs including any balances due from you in
accordance with the Owner Contract after the booking date.
-
We use a secure third party payment handling service provider to
store these details and to provide secure payment procedures. These
services may include sending a link, pop up screen or other means
for you to input your payment details according to the security
measures rolled out from time to time.
-
We collect the Accommodation Cost on behalf of the Owner as part of
the service which we provide to them.
-
We do not add any additional costs or fees to the Accommodation Cost
which you are required to pay. However, you may be required by the
Owner to pay additional costs, fees and/or charges locally and this
information will be made available to you at the time of
booking. We are provided with that information from the Owner.
-
We use our best efforts to make sure that all Accommodation Cost
information is accurate and we require our Owner customers to ensure
that all such information is accurate before being uploaded. If
however, we find an error in such information, we will apply the
following policy:
-
if the actual Accommodation Cost specified by the Owner is lower
than as quoted by us, we will charge the lower amount; and
-
if the actual Accommodation Cost specified by the Owner is
higher than as quoted by us, we will contact you as soon as
possible to tell you about the error and give you the option of
continuing to book the Accommodation Service at the correct but
higher price or, cancelling your booking. In those
circumstances, we will only process your booking when we have
your instruction. If we cannot contact you using the
contact details you provided during the registration process, we
will treat the booking as cancelled and notify you.
-
We do not handle any payments for amounts stated to be payable
locally or directly to the Owner. Please check the details of your
particular booking and the Owner Contract for further information.
-
We do not handle security deposits (i.e. sums which an Owner may
require you to make or a payment hold, in case of any damage to
Property or items in the Property). Any such security deposit
arrangements should be dealt with locally and not paid to us and in
accordance with the Owner Contract.
-
We may ask you for a payment pre-authorisation in respect of
payments which are due after the time of booking. Information about
payments due after the time of booking will be stated at the time of
booking.
-
For stays in a Property which are booked for longer than one month
in duration, the first monthly payment of the Accommodation Cost
will usually be handled by us in accordance with this section 9. For
stays which exceed one month, you may be required to pay
Accommodation Costs for periods following the first month, directly
to the Owner. Information will be provided at the time of
booking.
-
Any payments taken in accordance with your authorisation given at
the time of booking will be to reflect your payment obligations set
out in the Owner Contract. Payments which are taken after the time
of booking i.e. where you have given a pre-authorisation will be
taken automatically using the same method as your original payment
method. If for any reason the amount due changes from the time
at which you give a prior authorisation, we will contact you before
taking such additional payment.
-
If for any reason your chosen payment method fails after we have
attempted more than once to take a payment, your booking may be
cancelled. You may not be entitled to a refund of sums already paid
such as non-refundable deposits or other sums and you should refer
to the Owner Contract for full details of the basis of your
agreement with the Owner for the Accommodation Service.
-
Accommodation Costs and other fees and charges stated include VAT
(where properly charged). Breakdowns will also be provided from the
Owners where relevant but a VAT inclusive total will also be
given.
-
A summary will also be provided setting out amounts paid and any
balances due and the dates on which they are due to be paid and
whether they are to be paid to us as agent for the Owner or to the
Owner directly. The exact content of payment information will
reflect the duration of stay, rates and payment arrangements
specified by the Owners in accordance with the Owner Contract.
-
Acceptable payment methods will be specified during the booking
process. We have the right to change the payment methods which we
accept from time to time.
-
All pricing information on our Website is stated in pounds sterling
(GBP) and payments must be made in pounds sterling (GBP) except with
regard to any sums payable locally to the Owner or other third
party, in which case this will be specified in the Owner Contract.
If any of the pricing information presented on our Website is
affected by exchange rate fluctuations, you will be required to bear
those additional costs but we will inform you of any such possible
changes at the time of booking.
-
If you do not make any payment due to the Owner on the due date, the
Owner may be entitled to charge interest to you on the overdue
amount in accordance with the Owner Contract. You must pay any such
interest properly charged together with any overdue amount.
-
If you want to amend or cancel your booking
-
If you would like to amend a confirmed booking, please request a
cancellation through the Website or contact us at
info@livinc.com or telephone
our customer service line on 0333 323 9010. You will need to provide
the details about how you would like to amend your booking.
-
You request will then be submitted to the Owner to request the
amendment to your booking. We do not guarantee that an Owner will
agree to an amendment and any booking changes will be subject to any
terms and conditions, amendment policy and other detail stipulated
by the Owner in the Owner Contract.
- The Owner will confirm their response to you.
-
If an Owner agrees to a booking amendment, please be aware that they
may raise additional costs including to reflect any change in
Accommodation Cost as a result of that amendment, for example, if
you have requested date changes or an extension to the number of
days. Depending on the terms specified in the Owner Contract, you
may be required to make additional payment before the booking is
amended.
-
We do not guarantee that an Owner will agree to an amendment and any
booking changes will be subject to any terms and conditions,
amendment policy and other detail stipulated by the Owner in the
Owner Contract.
-
If you wish to cancel a booking, please submit the cancellation on
the Website or contact us at
info@livinc.com or telephone
our customer service line on 0333 323 9010.
-
We will then contact the Owner to inform them of your cancellation
and will send a confirmation of cancellation to you.
-
You may not be entitled to a refund (in full or in part) if you
cancel and cancellation and payment obligations will be in
accordance with the terms specified in the Owner Contract.
-
Cancellation and amendment may in some cases, be affected by the
date on which you seek to cancel or amend your booking and how far
in advance of your due check in date, that is. The cancellation and
amendment provisions of your Owner Contract should be adhered to and
you should be familiar with how a check-in date is defined. Usually,
a check-in date is specified in the booking details presented to you
at the time of booking and will apply according to local time where
the Property is located. We recommend that you re-read the terms of
your Owner Contract again, especially if it is a while since you
made your booking, before you make a request for a cancellation or
amendment so that you are familiar with your payment obligations
under your Owner Contract.
-
If you are a consumer, nothing in this clause 10 shall in any way
affect any statutory rights which you have as a matter of applicable
law.
-
Cancellation by an Owner or where we reasonably do so on behalf of an
Owner
-
An Owner may need to cancel a booking due to circumstances beyond
their reasonable control, for example if the Property suffers
damage. If we are contacted about such circumstances we will let you
know and we will do our best to help you to find an acceptable
alternative.
-
We also may cancel a booking on behalf of the Owner if:
-
we become aware of any health and safety or quality issue at the
Property or other matter where acting reasonably, we determine
that it is not appropriate to continue with the booking;
-
the Owner tells us they wish to cancel the booking or refuses to
honour the booking (with or without cause);
-
the Owner cannot honour the booking due to circumstances beyond
its control which we become aware of;
-
our contractual relationship with the Owner comes to an end such
that we are no longer authorised by the Owner to continue the
booking.
-
If any of the circumstances in clause 11.2 arises, we contact you as
soon as possible and either:
-
Request the Owner to arrange alternative accommodation for you
of an equivalent type and standard in a similar location. You
may be required to pay additional charges if you choose an
alternative accommodation which is of a higher standard than the
cancelled Property or may be entitled to a partial refund if the
alternative accommodation is of a lower standard (if for
example, you choose a lower standard or where an equivalent or
higher standard is not available); or
- refund the cancelled booking.
-
In the case of amendment or cancellation whether in the
circumstances referred to in clause 10, those in this clause 11 or
otherwise and such cancellation or amendment results in a refund to
you, the refund may be processed by the Owner directly or may be
processed by us on behalf of the Owner, depending on when the
cancellation or amendment takes place. Usually, refunds will be
processed directly by the Owner where any cancellation or amendment
takes place more than 24 hours after the commencement of your stay.
We will process refunds where the relevant cancellation or amendment
takes place before that time.
-
If we process a refund on behalf of the Owner, we will process any
refund using the same payment method as you used for original
payment.
-
We aim to process refunds within 72 hours of the relevant
cancellation (or amendment where relevant). Please allow an
additional period for the payment to reach your account according to
the bank clearing process.
-
Other information about our Website and the Booking Facility
-
If a booking cannot be completed or confirmed due to a fault of ours
or due to a reason beyond our control which affects the Booking
Facility, then in the unlikely event that a payment is taken before
the booking can be completed or confirmed due to the fault, then
that payment will be refunded.
-
Where we make any significant changes to our Booking Facility in
future, we will aim to provide information about the change via
email, on the dashboard function or otherwise in such way as we
determine.
-
We may suspend or withdraw our Website and/or, the Booking Facility
at any time and without notice to you. We do not charge you for
making this Website or the Booking Facility available and we do not
guarantee that the same will be available nor do we guarantee that
the Website will be error or virus free. Similarly, we do not
guarantee that our Website, or any content on it, will always be
available or be uninterrupted.
-
We may suspend or withdraw or restrict the availability of all or
any part of our Website for business and operational reasons. We
will try to give you reasonable notice of any suspension or
withdrawal but do not guarantee to do so.
-
You are also responsible for ensuring that all persons who access
our Website through your internet connection are aware of these User
Terms and other applicable documents and that they comply with them.
-
Website content
-
We may make changes to our Website and its content from time to time
to reflect changes to our business, the services we offer and any
updates.
-
Information about the Properties which is available on our Website
is provided to us by the Owners. This includes but is not limited to
information such as descriptions, availability information and other
details relating to the Property, Accommodation Cost, additional
charges, the facilities at the Property, maximum occupancy numbers,
any accreditations, ratings, awards or descriptions of quality
relating to the Property, and Property and facility images,
photographs and drawings. We will take reasonable steps to remove
any information which we discover is incorrect and do so as quickly
as possible.
-
We will contact you if any information in which we discover a
material error affects any booking you may have already made. Any
errors in Accommodation Costs and charging information will however,
be dealt with in accordance with clause 9.8.
-
Please note that some information in particular in the form of
photographs, artist impressions, videos (including 360 degree tools)
and other images are intended to give an approximation of a room,
style or feature and actual rooms, styles or features may vary
compared to photographs, artist impressions, videos, and images
shown.
-
The order in which Properties are listed or any search results
generated do not constitute advice or recommendations from us and
the results of any such listing order or search may result from many
different factors including some which we do not control.
-
We do not verify accreditations, awards or star or other quality
ratings. The same should not be relied on and are an expression of
opinion only and are intended only to provide an overall indication
of quality and features but are not statements of fact. We will not
be liable for inaccuracies or errors in such accreditations, awards
or star or other quality ratings information whether supplied to us
by Owners or any other person.
-
You should satisfy yourself as to the suitability of a Property for
your requirements. If you have any questions about a Property,
please raise them with us before making a booking and we will aim to
source an answer from the Owner as soon as possible.
-
From time to time, Properties may not be able to offer the full
range of facilities or amenities as may have been stated would be
available at the time of booking but where the Accommodation Service
itself can still be provided. By way of example, this might include
the closure of a spa, gym, restaurant, bar or other facility or the
withdrawal or closure of particular equipment or facilities.
This may be due to matters determined by the Owners, caused by a
third party or beyond the reasonable control of any person. If we
are informed of such matters prior to the start of a stay, we will
inform you of such matters but any rights you may have in connection
with them, including your ability to cancel shall be as set out in
the Owner Contract.
-
We are not responsible for the content of any third party websites
linked on our Website or otherwise used in our provision of the
Website or the booking function. This includes any third party sales
channels which we may use from time to time.
-
Where we provide links to other sites and resources provided by
third parties, these links are provided for your information only.
Such links should not be interpreted as approval by us of those
linked websites or of the information or products or services you
may obtain from them. We have no control over the contents of those
sites or resources.
-
This Website may include information and materials uploaded by other
users. Any such information is not verified or approved by us. The
views expressed by other users do not represent our views or values.
-
You are responsible for configuring your information technology,
computer programmes and platform to access our Website. You should
use your own virus protection software.
-
If from time to time, we provide a facility to allow users to make
contributions to the Website and you make any such contributions
then you:
-
must ensure that any such contribution complies with the content
standards which we refer to in clause 14 and we may remove any
contribution you make on our Website if, in our opinion, it does
not meet our content standards;
-
agree that any such contribution you upload will be considered
non-confidential and non-proprietary. You give us and other
users of our Website, a licence to use, store and copy that
content and to distribute and make it available to third
parties;
-
agree that we also have the right to disclose your identity to
any third party who is claiming that any content posted or
uploaded by you to our Website constitutes a violation of their
intellectual property rights or of their right to privacy;
-
agree that you are solely responsible for securing and backing
up your content.
-
You may link to our home page, provided you do so in a way that is
fair and legal and does not damage our reputation or take advantage
of it. You must not establish a link in such a way as to suggest any
form of association, approval or endorsement on our part where none
exists. Our Website must not be framed on any other site. We
reserve the right to withdraw linking permission without notice.
- If you wish to complain about any content, please contact us.
-
Restricted activity
-
You must not conduct, facilitate, authorise or permit any text or
data mining or web scraping in relation to our Website or any
services provided via, or in relation to, our Website. This includes
a restriction on using (or permitting, authorising or attempting the
use of) any "robot", "bot", "spider", "scraper" or other automated
device, program, tool, algorithm, code, process or methodology to
access, obtain, copy, monitor or republish any portion of the
Website or any data, content, information or services accessed via
the same or any automated analytical technique aimed at analysing
text and data in digital form to generate information which includes
but is not limited to patterns, trends and correlations. The clause
should be treated as an express reservation of our rights in this
regard. This clause shall not apply insofar as (but only to the
extent that) we are unable to exclude or limit text or data mining
or web scraping activity by contract under applicable laws.
-
You must not use our Website or the Booking Facility to undertake
any activity which is:
-
defamatory of any person, discriminatory in any way, obscene,
offensive, hateful or inflammatory;
-
insulting, intimidating or humiliating or incites violence or
hatred against particular groups;
-
includes content that would be considered a criminal offence
under laws relating to terrorism, abuse, exploitation, racism or
xenophobia; or
-
infringes any copyright, trade marks or other intellectual
property rights of any person;
-
and if you fail at any time to comply with any of the foregoing
restrictions, we may suspend or terminate your use of the Website
and the Booking Facility and end your registration access
immediately.
-
You must not misuse our Website by knowingly introducing viruses,
trojans, worms, logic bombs or other material that is malicious or
technologically harmful. You must not attempt to gain unauthorised
access to the server on which our Website is stored or any server,
computer or database connected to it. You must not attack our
Website via a denial-of-service attack or a distributed denial-of
service attack. By breaching this provision, you would commit
a criminal offence under the Computer Misuse Act 1990. We will
report any such breach to the relevant law enforcement authorities
and we will co-operate with them by disclosing your identity to
them. In the event of such a breach, your right to use our Website
will cease immediately.
-
Booking Facility and related bookings are not for resale
-
The Booking Facility on our Website must not be used for any
commercial activity. You may use the booking facility for your own
private, domestic use (such as to make leisure or other private
bookings) or you may book on behalf of an organisation which wishes
to use our Website such as for corporate or other group
bookings. However, you must not use our Website or the Booking
Facility for any resale or other commercial enterprise.
-
We reserve the right to restrict or limit the number of Guests
included in a booking and may refuse to place a booking where we
have reasonable grounds to suspect that bookings are being made for
the purpose of resale or other commercial enterprise or otherwise in
a manner which is contrary to these User Terms.
-
You must not nor allow any other person to operate a business in a
Property.
-
Your responsibilities
-
You must comply with your obligations under the Owner Contract which
you agree to at the time of acceptance of that Owner Contract. To
the extent relevant in accordance with that Owner Contract, you
should also ensure that all Guests in your party so comply.
-
Without affecting your obligations referred to in clause 16.1 above,
you should also ensure that you follow all local requirements, laws,
restrictions, obligations and other rules applicable at the Property
and any instructions reasonably given to you by the Owner before or
during your stay. You will be responsible for the compliance with
the same by the Guests in your party.
-
You must be aged 18 years or older to register with us and use the
Booking Facility and otherwise have legal capacity to enter into
legally binding agreements.
-
You must always use your own, proper identity and provide full and
accurate details. You must not under any circumstances, impersonate
any person or use any other person’s identity when registering
with us or using the Booking Facility or otherwise in using our
Website.
-
You must keep your contact details associated with your registration
updated at all times. We will not be responsible for any loss you
incur if we are unable to contact you because your details are out
of date and you have not told us.
-
You must use and have the appropriate permission and authority to
use a valid payment method such as a valid debit or credit card or
digital payment method as we may accept and as stated on the payment
page.
-
You must cooperate with any verification processes and other
security procedures including any performed by our third party
service suppliers, as we may specify from time to time, including
but not limited to payment procedures. We will not process any
bookings if you fail to follow those procedures or if you fail the
procedures themselves.
-
You must not allow excess Guests to stay at the Property beyond the
number confirmed in the booking process, without the express
permission of the Owner. An Owner may require an excess number of
guests or unauthorised guests to leave. Any failure to do so
may lead to cancellation of your Owner Contract in accordance with
its terms.
-
You must comply with and respect any particular reasonable
restrictions from the Property owner including as may be notified to
you on arrival at the property including not or allowing any
activity to take place which, by way of example only is illegal,
anti-social or which generates excessive noise especially during
night time or which would unreasonably cause disruption to
neighbours or other guests, allowing pets or smoking where expressly
restricted or bringing into a property any hazardous, harmful or
explosive items.
-
You must (and must ensure that all Guests in your party):
-
observe any rules specified or designed to help to ensure the
health and safety of Guests and others, including for example
the use of balconies, hot tubs, pools, gym equipment or similar
and all fire safety and other health and safety requirements,
correct use of alarms, CCTV and security systems and safety
exits;
- not make or allow any changes to be made to the Property;
-
report any accidental or other damage to the Owner straightaway,
providing sufficient detail to allow the Owner to properly
assess the damage, including photographic evidence of damage and
written information as to how and when the damage occurred;
-
keep the Property and the Owner-supplied contents, in the same
state of repair and cleanliness as they were in at the start of
the Accommodation Services. (Owners may seek to recover repair
or cleaning costs from you according to their Owner Contract for
failure by you to do so).
-
You should also follow any reasonable instructions given to you by
the Owner in relation to Property access, including but not limited
as to:
-
check-in and check-out, security and verification and the use of
access codes, key collection and drop off; and
-
reasonable access as may be required by the Owner or staff or
contractors including to deal with repairs (on advance notice
except in emergency).
-
If you have any questions about access, please contact the Owner.
-
By registering and using this Website to make a booking, we
understand this to mean that you confirm that you meet all of the
criteria referred to in clauses 16.1 to 16.6 inclusive. If you fail
at any time to meet such requirements, we may suspend or terminate
your use of the Website and the Booking Facility and end your
registration access.
-
Whenever you contact us, please always provide as much detail as
possible including your booking confirmation reference as this will
help us to deal with your request more efficiently.
-
Dealing with problems
-
If you have a problem using our Website or the Booking Facility,
please let us know as soon as possible.
-
If you have a problem when you arrive at a Property, please let the
Owner or on duty manager know but also please tell us by reporting
the matter to us. We will pass on any relevant information to the
Owner which you report to us to help resolve the problem as soon as
possible. Please provide us with as much information as possible
including a written description of the problem and photographic
evidence of the same.
-
If you encounter an issue on arrival at the Property such that the
Property is not safe to stay in, please notify us and the Owner/on
duty manager immediately so that we can work on finding a solution
for you as soon as possible.
-
Neither we nor the Owner will refund Accommodation Costs because of
non-material matters where it is reasonable not to do so such as
matters of taste, noise, minor faults or damage.
-
Our liability
-
Whether you are a consumer OR a corporate user:
-
we do not exclude or limit in any way, our liability where it
would be unlawful to do so. This includes liability for death or
personal injury caused by our negligence or the negligence of
our employees, agents or subcontractors and liability for fraud
or fraudulent misrepresentation but also extends to any other
matter for which we cannot legally limit or exclude our
liability;
-
different limitations and exclusions of liability will apply to
liability arising as a result of the supply of Accommodation
Services by the Owner and your use of those Accommodation
Services including as may be set out in the Owner Contract. You
should refer to clause 8 above for more information about the
Owner Contract and also refer to the content of the Owner
Contract;
-
all promises, warranties, conditions, or representations
relating to the Website and the Booking Facility (except those
as expressly stated in these User Terms), whether express,
implied, oral or written are excluded to the fullest extent
permissible under applicable law.
-
We have explained the nature of our Website and how our Booking
Facility works and, in particular, that we rely on the
information from Owners about the Property and other related
matters. We therefore do not give any guarantee as to the
following and will not be liable in respect of:
-
errors or inaccuracies in any information supplied to us by Owners
or their representatives which we have included on the Website and
where (except in the case of manifest error, we rely on and present
that information); or
-
the quality, suitability or performance of the Accommodation
Services, the Property, or any action or inaction of the Owner. All
such matters are the responsibility of the Owner and the listing of
a Property on our Website does not constitute an express or implied
endorsement or recommendation of a Property by us. Similarly, we
shall not be liable for any losses you incur in the event of Owners
overbooking or cancelling bookings except if as a result of our
fault, except as otherwise expressly stated in these User Terms.
-
Without affecting the other terms of this clause 18, if either
we or you fail to comply with these User Terms, neither of us
shall be responsible for any losses that the other suffers as a
result, if those losses are unforeseeable losses.
Unforeseeable losses are those losses which are not
obvious would happen and where nothing you said to us or we said
to you before we accepted your booking request, meant that we or
you should have expected them to happen (meaning that the loss
was therefore unforeseeable).
-
In making this Website and the Booking Facility available to
you, we will always aim to put right any problems which arise as
a result of something which we have done wrong.
-
Clause 18.4 only applies if you are a corporate user. If you are a corporate user:
-
we will not be liable to you for any loss or damage, whether
in contract, tort (including negligence), breach of
statutory duty, or otherwise, even if foreseeable, arising
under or in connection with use of, or inability to use, our
Website or use of or reliance on any content displayed on
our Website;
- we will not be liable for any:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
-
any special, indirect or consequential loss or damage.
-
Clauses 18.5 to 18.5 inclusive only apply if you are a
consumer user. If you are a consumer:
-
note that we only provide our Website for domestic and
private use. You agree not to use our Website for any
commercial or business purposes, and we have no
liability to you for any of the following, howsoever
arising;
- loss of profit or business revenue;
- loss of business;
- business interruption;
- loss of or damage to business reputation;
- loss of business opportunity; or
-
any other business losses.
-
we will not be liable to you for any loss or damage,
whether in contract, tort (including negligence), breach
of statutory duty, or otherwise, even if foreseeable,
arising under or in connection with inability to use,
our Website;
-
if defective digital content that we have supplied,
damages a device or digital content belonging to you and
this is caused by our failure to use reasonable care and
skill, we will either repair the damage or pay you
compensation.
-
As a consumer, you have statutory rights. You can find out
more about the rights you might have by contacting Citizens
Advice (citizensadvice.org.uk). (Tel: 03454 04 05 06 or in Welsh: 03454 04 05 05). Their
website gives further information about how you can get in
touch (such as via their online chat function) and we
suggest you should check the website for further
information. You can also get more information from Trading
Standards (www.tradingstandards.uk) or from your local Trading Standards Office.
-
We have given some examples below of consumer rights:
-
you can ask us to repeat or fix anything if we
don’t perform a service which we agree to provide
to you, reasonable care and skill, or get some money
back if we can't repeat it or deliver an appropriate
fix;
-
if a price hasn't been agreed upfront, what you're asked
to pay must be reasonable;
-
if a timeframe for a service obligation for example,
hasn't been agreed upfront, it must be carried out
within a reasonable time.
-
Nothing in these User Terms is intended to in any way affect
consumer statutory rights. Similarly, you may have statutory
rights in respect of the obligations owed to you by the
Owners.
-
Our intellectual property rights
-
We are the owner or the licensee of all intellectual property rights
in our Website and is content. Those works are protected by
copyright laws and treaties around the world. All such rights are
reserved.
-
You may print off one copy, and may download extracts, of any
page(s) from our Website for your personal use and you may draw the
attention of others within your organisation or your booking group
to content on our Website, but not for any other purpose. You must
not modify any copies of any materials you have printed off or
downloaded in any way, and you must not use any illustrations,
photographs, video or audio sequences or any graphics separately
from any accompanying text.
-
If you print off, copy, download, share or repost any part of our
Website in breach of these User Terms, your right to use our Website
will cease immediately and you must, at our option, return or
destroy any copies of the materials you have made.
-
Other points
-
We do not undertake to make this Website available in any particular
location.
-
We may transfer our rights and obligations under these User Terms to
another organisation. We will tell you if this happens and we will
ensure that the transfer will not affect your rights under these
User Terms.
-
You may only transfer your rights or your obligations under these
User Terms to another person if we agree to this in writing.
-
No representative, agent or sales person has the authority to vary,
amend or waive any of these User Terms and no amendment, variation
or waiver of any of them will be valid or have any effect unless
accepted by us in writing.
-
You agree to receive communications from us and Owners,
electronically and that electronic communications (i.e. emails) will
satisfy any legal requirement for communications to be in writing.
- All communications shall be in English.
-
Each clause of these User Terms operates separately. If any court or
relevant authority decides that any of them are unlawful, the
remaining clauses will remain in full force and effect.
-
These User Terms, their subject matter and their formation, are
governed by English law.
-
In these User Terms, words that appear after the expression
'include', 'including', 'other', 'for example', 'such as' or 'in
particular' (or any similar expression) will not limit the meaning
of the words appearing before such expression.
-
Where in these User Terms we use a definition or term in the
singular, it shall (unless the context requires otherwise) include
the plural and in the plural, include the singular.
-
If we are prevented or delayed from complying with any obligations
under these User Terms by anything you (or anyone acting on your
behalf) does or fails to do or due to events or circumstances beyond
our reasonable control, the inability or delay in performance will
not be a breach of these User Terms. Examples of such events or
circumstances include fire, flood and other acts of God, strikes,
riot, accident, disruption to energy supplies or communication
services, failure of an internet service, acts of terrorism or war.
-
No other person other than you or us, shall have any rights to
enforce any of these User Terms.
-
If we or you do not insist immediately that the other do anything it
is required to do under these User Terms, or if we or you delay in
taking steps against the other in respect of any rights under them,
that will not mean that we or you do not have to do those things and
it will not prevent us or you (as applicable) taking steps against
the other at a later date.
-
Options for resolving problems and disputes with us
-
To resolve a dispute, you have various options available to you. You
can:
-
refer to our complaints policy. Our Customer
Service Team is contactable at
info@livinc.com or
telephone 0333 323 9010 who will do their best to resolve any
problems you have with us
-
resolve disputes without going to court.
Alternative dispute resolution is an optional process where an
independent body considers the facts of a dispute and seeks to
resolve it, without you having to go to court. If you are a
consumer, you can submit a complaint to the Property Ombudsman.
That body does not charge you for making a complaint and if
you're not satisfied with the outcome you can still go to court.
-
go to court. These terms are governed by
English law and you can bring claims against us in the English
courts. However, if you are a consumer and live in Wales,
Scotland or Northern Ireland, you can also bring claims against
us in the courts of the country you live in and we can claim
against you in the courts of the country you live in.