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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.

  1. About Livinc
    • 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.
    • The domain under which the Platform is made available is at livinc.com.
  2. Definitions used in these terms and conditions
    • 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.  

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.

  1. About this Contract
    • This Contract is between Livinc and the Property Owner for the provision of the Listing Services.
    • 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. 
    • In the event of any conflict between these Conditions and the Confirmation, these Conditions shall prevail.
    • 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.
    • 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.   
    • 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.   
    • 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.
  2. How to become registered and how this Contract is formed
    • In order to receive Listing Services, a Property Owner must first complete an application to register with Livinc.
    • During the registration application process, the Property Owner will be required to submit certain details in order to become registered.
    • The Property Owner must complete all fields in the application process in full and ensure that all information provided is accurate.
    • 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.
    • 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. 
    • 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.
  3. Listing Services and the application process for listing a Property
    • Once the Property Owner has been accepted by Livinc in accordance with the process in clause 4, it may use the Listing Services.
    • Livinc shall perform the Listing Services in relation to a relevant Property in return for payment of the relevant Listing Fee.
    • Livinc may change the Listing Service from time to time as it determines including to comply with any applicable law or regulatory requirement.
    • 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.
    • Livinc warrants to the Property Owner that the Listing Services will be provided using reasonable care and skill.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • The Property Owner is responsible for ensuring that the Listing Services are suitable for its requirements.
    • 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.
    • 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.
      • 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.
      • The application process for listing a Property is explained on the Platform.
      • 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
      • The Property Owner must complete all fields in the application process in full and ensure that all information provided is accurate.
      • 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.
      • 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.
      • 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.
      • 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.
    • 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.
    • 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.
    • 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.
    • 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.
  4. Property Owner obligations
    • The Property Owner shall at all times:
      • 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;
      • 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;
      • 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;
      • respond to all questions and enquiries accurately, in full and as soon as possible;
      • 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;
      • 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; 
      • 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;
      • 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;
      • 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);
      • obtain and maintain in good time, all necessary licences, permissions and consents which may be required in respect of the Property;
      • 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;
      • 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;
      • advise Livinc of any changes to or requirements which fall outside the scope of the Confirmation as soon as is reasonably practicable;
      • 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;
      • 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.
      • 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;
      • 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;
      • comply with Data Protection Legislation as defined in clause 11;
      • notify Livinc in writing if at any time, the Property Owner becomes aware of any breach of any of the foregoing.
    • 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.
    • 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.
    • The Property Owner warrants, represents and undertakes to Livinc that:
      • 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;
      • 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;
      • 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;
      • it has the experience, capability and resources to perform its part of this Contract in accordance with its terms;
      • 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;
      • all Property will comply with the description as set out in the Property Data;
      • 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.
    • Livinc shall not be liable for any delay or failure in performance as a result of any inaccurate or out of date Property Data.
    • 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. 
    • 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).
    • 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:
      • 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
      • 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
      • 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
      • includes any Restrictions as the Property Owner considers appropriate.
    • 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:
      • 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
      • 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
      • should not be construed as in any way constituting advice as to what is or is not suitable for such arrangement.
    • 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.
    • 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.
    • 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:
      • the provision of any Accommodation Services; or
      • 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.  

at any time where the Property Owner breaches any of the provisions of clause 6.13.

  1. Livinc rights and remedies
    • 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.
    • 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:
      • terminate this Contract in whole or in part with immediate effect by giving written notice to the Property Owner; and/or
      • suspend the Listing Services whether in whole or in part; and/or
      • exclude or remove any relevant Property from listing on the Platform; and/or
      • suspend the relevant Property from being listed on the Platform whether temporarily (for such period as Livinc may determine) or permanently; and/or
      • 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.
  2. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

  1. 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.
  2. 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.
  3. 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.

  1. 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.

  1. 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.
  2. 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.

  1. 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.
  2. 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.
  3. 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].
  4. 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.
  5. 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.
  1. 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. 
  2. 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.
  3. 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.
  4. 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. 
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  1. 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.
  2. 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.
  3. 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.

 

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