⦁ Welcome to ⦁ www.livinc.com. This Agreement defines the terms and conditions (“Booking Conditions”) for you (the “Guest”) when you make a booking with us for properties (each a "Property" and together "Properties") featured on ⦁ www.livinc.com ("Site") and third-party websites (“Sales Channels”). By making a booking you agree to accept and comply with these Booking Conditions.
⦁ These are the Booking Conditions for the Site of Livinc Limited (Northgate, 118 North Street, Leeds, West Yorkshire, United Kingdom, LS2 7PN, company number: 13475639) who will be referred to in these Booking Conditions as “we”, “our” and “us”.
⦁ The contract for the provision of the Property and related services (“Rental Services”) is solely between you and the relevant Owner, not us. Where reference in these Booking Conditions is made to Livinc taking action, that action is taken on behalf of the Owner, not on its own behalf.
⦁ We can amend these Booking Conditions at any time provide we notify you of the changes via email. If you choose to order or buy additional services or products not included in these Booking Conditions, such as transfers from the airport, or similar, these additional services or products will represent a separate agreement between you and the Owner of the Property or the facilitator of the service/product.
⦁ We have a number of related policies referred to in these Booking Conditions, comprising of our ⦁ Privacy Polic⦁ y. They all form part of our contract with you so please take the time to read them.
⦁ Every time you wish to use our service to make Bookings at each Property ("Booking Services"), please check these Booking Conditions to ensure you understand the terms and conditions which will apply at that time. Your attention is drawn in particular to the sections headed Our liability and Owners' liability. These Booking Conditions were most recently updated on the date that appears at the foot of this page.
⦁ If you have any queries or concerns regarding these Booking Conditions, please contact us using the details set out in the Contact Us section below.
2. Our role
2.1 Livinc acts as the intermediary for the Owners by arranging bookings and taking payment from you for the Properties that appear on our Site and Sales Channels. All contractual and legal responsibilities and obligations shall, therefore, rest with the Owner. We shall safeguard the Owner’s interests in connection with the completion of the booking. If contrary to our expectations, a booking cannot be completed due to reasons beyond our control and which is not caused by your breach of these Booking Conditions or the Rental Contract, e.g., due to the Owner’s breach of contract or similar, we shall be entitled to cancel the booking, and the rent which you have already paid shall be refunded immediately. However, as an alternative and at our discretion, we may offer you another, similar room in another Livinc property. We reserve the right to refuse any bookings in accordance with these Booking Conditions.
2.2 Once we have accepted a booking in the way described in the Making a Booking section below, a legally binding contract (“Rental Contract”) will be formed between you and the Owner under which the Owner will make the Property available to you and provide the Rental Services for the period of your stay (“Occupation Period”).
2.3 The following will all form part of the Rental Contract between you and the Owner:
2.3.1 Details specific to your booking including the Property, Occupation Period and any restrictions notified to you during the Booking process (“Booking Details”)
2.3.2 these Booking Conditions; and
2.3.3 any other special or additional conditions that we draw to your attention during the booking process before we accept your booking.
2.4 Our obligations to you are limited to those in connection with the Booking Service and we accept no liability for any defects or unavailability of the Property or any issues relating to the Property. Your rights under these Booking Conditions and the Rental Contract are against the Owner.
3. Your use of the Booking Services
3.1 Our Booking Services are available to you for your personal, non-commercial use only. You may not offer for resale any Booking Services or Rental Services for any Properties that appear on our Site without our express written permission.
4. Property and Rental Services Descriptions
4.1 We make every effort to ensure that the descriptions and availability relating to the Properties and Rental Services on our Site are accurate and complete. These descriptions include details of the Property and Rental Services including photos, the availability period of the Property for rental, the Booking Fee and the fees payable by you under the Rental Contract that we collect from you in relation to the Booking ("Rental Charges") and any additional charges, the facilities available at the Property, maximum occupancy numbers, any accreditations, awards or descriptions of quality relating to the Property including star ratings. If we discover a mistake or error relating to this information we will correct this promptly on our Site and we will contact you if that information relates to a Booking that you have already made using our Site. Livinc.com is not liable for any errors by Sales Channels in displaying descriptions and availability relating to the Properties and Rental Services on their websites. As Livinc properties may be privately owned, changes might occur in the information given. We shall not be responsible for such changes. We recommend you thoroughly read the information and details of the Booking Details page as they form part of these Booking Conditions.
4.2 The Property and Rental Services descriptions do not constitute advice or recommendation given by us. We do not independently verify accreditations, awards or star or other quality ratings and such ratings are only indicative of what level of quality you can expect from a particular Property. We will not be liable for inaccuracies or errors in this information or the accommodation information as this information is supplied to us by Owners.
4.3 You acknowledge that you are booking a room/bed by type, not a specific unit. Following the booking, the Property Manager will place you in a specific unit based on information gathered in the booking process. Once in residence, they reserve the right to reassign you to a different unit should they deem it necessary or appropriate, solely at their discretion.
4.4 It is your responsibility to check the total price of the Rental Charges before completing the Booking process.
4.5 We do not accept responsibility for any changes or closures to amenities mentioned in the Property or Rental Services descriptions on our Site.
5. Making a Booking
5.1 To be eligible to make a booking and enter into an Agreement you must:
5.1.1 be 18 years of age or over and have the legal capacity to enter into legally binding agreements;
5.1.2 register with us on our Site (in advance or when Booking) by providing your real name, phone number, email address and other requested information;
5.1.3 possess a valid payment method such as a valid debit or credit card or any other digital option as stated on the payment page; and
5.1.4 cooperate with our guest verification process (including cooperating with third party we appoint to carry out such process) and checks, receiving approval from us that you have adequately passed the checks and can proceed to securing the booking.
⦁ You may make a booking directly using our Site. By making a booking with us you are making an offer to:
5.2.1 receive our Booking Services and make payment to us in respect of the Rental Services;
5.2.2 enter into an Agreement with the applicable Owner in relation to the Property you have selected; and
5.2.3 pay us all amounts due in respect of the deposit and the Rental Charges.
5.2.4 cooperate and adequately pass our guest verification checks to our satisfaction.
5.3 The following steps have to take place before a contract is made between us for the provision of the Booking Services and between you and the applicable Owner for the provision of Rental Services under a Rental Contract:
5.3.1 you submit your enquiry to us on our Site by submitting your enquiry information;
5.3.2 you will receive an on-screen acknowledgement of your booking and an enquiry confirmation via email;
5.3.3 we check the availability of the Property relating to your booking and, provided the Property you have enquired about is available at the available rates, send a payment link to you for you to input your payment details and confirm the booking, whereby you will receive confirmation of your booking (“Booking Confirmation”) and details of your booking (“Booking Details”);
5.3.4 the Booking Details will include the exact address of the Property, any optional extras and services you may have ordered and the time at which the Property is ready for check-in. The key/code will only be provided if the full rent has been paid in accordance with the booking conditions and upon presentation of the Booking Details and a valid Government ID;
5.3.5 we accept: a) your offer to receive our Booking Services; b) your agreement to pay us all sums due (at the relevant time) in respect of the Rental Charges (including the Deposit); c) acting on the applicable Owner's behalf as its agent, your offer to enter into the Rental Agreement, in each case, at the time we take any payment from you in respect of the Rental Charges. Accordingly, nothing that we say or do will amount to any acceptance of your offer until we actually take any payment from you in respect of the Rental Charges (including the Deposit) at which point a contract will be made between us for the Booking Services and with the Owner for the provision of the Rental Services under the Rental Contract.
6. Fees, charges and payment
6.1 We use our best efforts to ensure that the fees and charges quoted on our Site are correct at the time when the relevant information was entered onto our systems. However, it is always possible that, despite our best efforts, some of the fees and charges on our Site may be incorrectly priced. We will normally check these prices as part of our confirmation procedures so that:
6.1.1 where the actual Rental Charges or other fees are less than those quoted on the Site at the time you made your Booking, we will charge the lower amount when confirming the Booking to you; and
6.1.2 where the actual Rental Charges or other fees are higher than those quoted on the Site at the time you made your Booking, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to book the Property at the correct (higher) price or cancelling your Booking. We will not process your Booking until we have your instructions. If we are unable to contact you using the contact details you provided during the Booking process, we will treat the Booking as cancelled and notify you in writing.
6.2 The fees and charges may change from time to time, but changes will not affect any Booking which we have confirmed with a Booking Confirmation.
6.3 All Rental Charges and all other fees and charges quoted on this Site include VAT, where applicable.
6.4 Before submitting your Booking online, you will be presented with details of the total Rental Charges payable for your Booking together with details of the following amounts payable to us at the time of your Booking:
6.4.1 the Booking Fee / Service Fee (which is non-refundable once your Booking is confirmed);
6.4.2 the Deposit and, if the date the first months rent (“Rental Balance”) would normally fall due for that Booking has already passed, the Rental Balance too; and
6.4.3 any additional fees and charges quoted during the Booking process when you make your Booking.
6.5 It may be possible to order optional services from the Owner or Property Manager. If you place an order for optional services, e.g. airport transfers, directly with the Owner or Property Manager and beyond the agreement which has been entered into with us as the intermediary, you may be charged an additional amount which should be settled directly with the Owner or Property Manager. While our Site provides a facility for you to order optional services from the Owner or Property Manager, we are not a party to any agreement for these optional services.
6.6 We currently accept various forms of payment including via credit and debit card. Please refer to our Payment Methods page for details of the payment cards and other methods of payment that we currently accept.
6.8 If the Rental Balance or any other additional payments are due after you make your Booking, then:
6.8.1 as you authorised us to take payment for these amounts from your chosen payment method when you made your Booking, we will automatically take payment from you using your original payment method. If there has been a change to the Rental Charges due to changes in the exchange rates and additional amounts are payable, we will contact you before taking payment. Please see further paragraph 7.1 below; or
6.8.2 if we cannot charge your card after repeated attempts to take payment from your chosen payment method for the amounts due under the Rental Contract, your booking will be cancelled, and your deposit may be forfeited.
6.9 Some Livinc properties are available on Request Booking, where it will be stated that “the Property Manager requests 48 hours to confirm your booking”. In such a case, you will not be charged or able to make a payment until Livinc confirms the availability of this booking request.
7. Payment currencies, interest and credit card surcharges
7.1 Unless otherwise stated, all prices are in pounds sterling (GBP) and payments for bookings will be made in pounds sterling (GBP). During the booking process you may be presented with an option to pay for your booking in one or more currencies. The payment currencies we accept for a particular booking will be notified to you during the Booking process. The exchange rate for all payments will be based on exchange rates set by our internal systems which may increase and decrease based on changes in the market. The rate charged includes all sales taxes and VAT. However, some localities require the Property Manager to collect other taxes, shown when you make your booking and on your Booking Details. Should you be required to pay the Property Manager upon check-in for other taxes or optional services you have ordered, you might be required to pay for them in the local currency.
7.2 If you do not make any payment to us by the due date we and/or Owners may charge interest to you on the overdue amount at the rate of three percent (3%) a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
8. Cancellation Terms
8.1 Please check all the details in your Booking Confirmation promptly after receiving the confirmation and notify us in writing as soon as possible if you think we have made any mistakes or errors with your booking.
8.2 Please contact us directly using the contact details in the Contact Us section if you would like to amend your Booking. If an Owner agrees to amend the booking, additional charges including additional Rental Charges and/or an administration fee may also be payable to cover our costs of making the amendment. This does not affect your legal rights.
8.3 Any cancellation must be notified to us in writing. If any, the refund amount you are entitled to may be based upon submitting your cancellation at least a certain number of days before check-in. The check-in time is taken to be the earliest check-in time as specified on Booking Details regardless of whether you have agreed another check-in time with the Property Manager, and the check-in timezone is the timezone of the Property and not the time zone in which you reside. If you are entitled to receive a full or partial refund, we will send your refund to the same payment method you used to pay for your booking. Refunds are processed within 72 hours of cancellation and may take 5-10 working days to reach your account.
8.4 We may, at our own discretion, waive rights to cancellation fees.
9. Cancellations of your Booking by us and Owners
9.1 We may cancel your booking on an Owner's behalf if:
9.1.1 we become aware of any health and safety or quality-related issue with the applicable Rental Services or Property or its immediate surroundings;
9.1.2 our agency agreement with the relevant Owner terminates for any reason or expires.
9.2 An Owner may cancel your booking due to circumstances or events outside their reasonable control.
9.3 If we or an Owner cancels a booking in accordance with this paragraph 9, we may (but are not obliged to):
9.3.1 arrange alternative accommodation for you of an equivalent type and standard in a similar location. We will not be liable for any costs associated with arranging alternative accommodation and such alternative may be subject to the payment of additional charges by you if the Rental Charges for the alternative are higher than those under the cancelled Booking; and/or
9.3.2 obtain a refund from the relevant Owner of any amounts paid by you to that Owner in relation to the cancelled Booking. Refunds are usually processed within 72 hours of cancellation and may take 5-10 working days to reach your account.
10. Your responsibilities
10.1 You must make sure that all the information you provide to us in connection with your booking is true, accurate, current and complete. If any of your details change (e.g. email address, postal address), you must promptly update your details;
10.2 You accept financial responsibility for all transactions made under your name or account;
10.3 You promise to us and to the Owner that during the Occupation Period:
10.3.1 that the number of Guests occupying the Property at any time will not exceed the number stated in your Booking Confirmation. If the Property is occupied by more than the maximum number of Guests allowed, the Property Manager or the Owner shall be entitled to request the additional people to vacate the Property without notice. If the Guest does not comply with this request within 12 hours, the Property Manager or the Owner shall be entitled to terminate the Rental Contract with immediate effect and oblige all occupants to vacate the room/bed without further notice and with no refund;
10.3.2 that the Property will be used solely for the purpose of residential accommodation;
10.3.3 that you will (and ensure that any Guests will) show all due consideration and respect for any Owners and their representatives and neighbours or other persons or parties that have a connection with the Property. This includes refraining from abusing your residency at the Property or dangerous, offensive, violent or anti-social behaviour towards any persons or parties;
10.3.4 that any animals including birds, fish, reptiles, insects or mammals will not be kept upon the Property. If the Guest brings a pet to the Property where the Owner or Property Manager’s permission to do so has not been received, the Owner, Property Manager or us shall be entitled to terminate the rental agreement with immediate effect and the Guest shall immediately vacate the property without further notice and with no refund. The Guest is liable for any damage caused by pets;
10.3.5 that you will refrain from smoking in the Property. Additional charges will be incurred if it is found that the Guest has violated our non-smoking policy. Guests acknowledge that the cost to clean up smoking residue may range from £75 - £3,500;
10.3.6 that you accept that Guests may on occasions experience unexpected noise from construction sites, traffic, etc. We, or the Owner, cannot be held accountable for unexpected noise. Multiple people may occupy the Property, and a higher-than-normal tolerance for noise must be applied by all Guests, especially during weekends;
10.3.7 that you shall not keep on the Property any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company;
10.3.8 that for safety reasons, you shall follow any instructions from the Owner or Property Manager relating to the use of a swimming pool if the Property includes one. The Guest shall be ultimately responsible for any use of the swimming pool;
10.3.9 that you will (and ensure that any Guests will) use the Property and Rental Services lawfully, will not abuse any facilities provided as part of the Rental Services and will comply with any health and safety or other policies or instructions notified to you by us or the Owner in connection with the Property or Rental Services;
10.3.10 that you will allow the Owner or the Property Manager to access the Property at any reasonable time during the Occupation Period to make necessary repairs or changes required to make or to supply the utilities or services they have agreed to supply provided that reasonable advance notice is given (except in emergencies). They may also enter the Premises to show the Premises to potential or actual guests, workers, or contractors.
10.3.11 that you will not make any changes in the Property including changing the appearance of any walls, floors, carpeting, windows, doors, appliances, or fixtures within your room or common areas.
10.3.12 that you will keep the Property and all furniture, equipment, fixtures and fittings in or on the Property in the same state of repair and condition as at the commencement of the Occupation Period and to ensure that at the end of that period the Property is left in the same state of order and cleanliness in which it was found. The Owner (or us acting on their behalf) may make an additional, reasonable charge for professional cleaning after your occupancy as may be required to return the Property to its original state of cleanliness and tidiness.
10.3.13 that you will report as soon as possible to the Owner (or his representative) any breakages or damage caused by you or any guests during the Occupation Period. Without affecting any other remedies that the Owner has under the Rental Contract, you promise to fully reimburse the Owner for the cost of replacement or repair for such breakages or damage. We may collect such payments on the Owner's behalf;
10.3.14 that you will arrive after 2 pm on the arrival day and vacate the Property by 12 noon on the day of departure unless you have selected alternative check-in and check-out times during the Booking process (as detailed in your Booking Confirmation) or agreed otherwise with the Owner;
10.3.15 that you will not allow any person other than you to use the facilities and amenities of the Property without the express permission of the Owner;
10.3.16 that you will notify any guests of their obligations under this paragraph 10.3.
10.4 You will be responsible for any Guests staying at the Property and the things they do (and do not do) during the Occupation Period.
10.5 It is your responsibility to ensure that you have the relevant documents and requirements needed for visiting the country in which a Property is located. These include any passport or other identification documents, visa requirements. We will not be liable for any expenses incurred resulting from your missing, incomplete or incorrect documentation or any non-compliance with such requirements.
11. Owners' responsibilities
11.1 It is the Owner’s responsibility to ensure it has the right to provide the Rental Services and enter into
a Rental Contract with you.
11.2 The Owner will:
11.2.1 perform the Rental Services using reasonable care and skill;
11.2.2 as soon as possible, notify you in writing of any changes to the description of the Property and/or Rental Services relating to your Booking which would make our descriptions of the Property inaccurate, incomplete or misleading;
11.2.3 ensure that the Property is vacant and that you have exclusive access to the Property and Rental Services for the full term of the Occupation Period;
11.2.4 ensure that suitable arrangements are in place for you to collect and return the keys/access cards for the Property;
11.2.5 show all due consideration and respect to you and any Guests including refraining from any dangerous, offensive, violent or anti-social behaviour towards you and any Guests;
11.2.6 ensure that the Owner, the Property and the Rental Services comply with all applicable laws and regulations in particular, relating to fire, health, safety and planning and data protection during the Occupation Period;
11.2.7 comply with the terms of the Rental Contract and act in good faith at all times;
11.2.8 will maintain, at the Owner's expense and with a reputable insurance company, policies to meet the Owner's liabilities under the Rental Contract with you;
11.2.9 will ensure the Property is properly maintained, clean, tidy and in good repair at the start of the Occupation Period;
11.2.10 respond to queries, complaints and problems which arise during or after the Occupation Period and use its best efforts to resolve them; and
11.2.11 if VAT forms part of the Rental Charges, provide you with a VAT invoice at your written request.
12. Our liability
12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes breach of your legal rights in relation to the Booking Services including the right to receive services supplied with reasonable skill and care
12.2 To the fullest extent permissible under applicable law, we disclaim any and all other promises, warranties, conditions, or representations relating to the Booking Service, whether express, implied, oral or written. In particular, we do not make any promises about:
12.2.1 the availability of the Booking Services or the Site or that they will be provided uninterrupted or error or virus-free;
12.2.2 errors or inaccuracies in any documentation supplied by Owners or their representatives, including any documentation that appears on the Site; or
12.2.3 the quality, suitability or performance of the Rental Services, the Property or the Owner. You understand that the inclusion or offering for sale of Rental Services does not constitute an express or implied endorsement or recommendation by us of such services. We do not guarantee the accuracy of, and disclaim liability for any inaccuracies relating to the Rental Services offered for sale through us. We shall not be liable for any damages arising as a result of any inaccurate information or errors on our Site which relate to information about Property or Rental Services. We shall not be liable to you for any losses in the event of Owners overbooking, cancelling bookings in full or in part or due to circumstances or events beyond our or their control.
12.3 We will not be responsible or liable:
12.3.1 for Owners' performance of their obligations under any Rental Contracts with you or any actions and/or omissions by them (or their nominated representatives) in relation to the Property or Rental Services that you book using the Booking Service; or
12.3.2 for any losses related to any business of yours including but not limited to lost data, profits, revenue, business, opportunity, goodwill, reputation or business interruption.
12.4 You acknowledge that personal belongings and vehicles (together with their contents) belonging to you and any Guests are left at the Property entirely at your and their own risk. We accept no liability to you for any loss, damage or injury to you or your Guests, or your or their personal property during the Occupation Period, except to the extent such loss, damage or injury is caused by our negligence.
12.5 If either we or you fail to comply with these Booking Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Booking Conditions. Losses are foreseeable where they were contemplated by you and us at the time we accept a Booking made by you.
13. Owners' liability
13.1 Owners do not exclude or limit in any way their liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by their negligence or the negligence of their employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Rental Services including the right to receive the Rental Services supplied with reasonable skill and care.
13.2 If either you or an Owner fail to comply with the terms of the Rental Contract, including these Booking Conditions, neither you nor the Owner shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with those terms. Losses are foreseeable where they were contemplated by you and the Owner at the time we accept a Booking made by you.
14. Your rights as a consumer
14.1 We and Owners are under a legal duty to supply services that are in conformity with our respective contracts with you. You have certain legal rights as a consumer under the law and nothing in these Booking Conditions affects your legal rights. Advice about your legal rights in relation to the services we and Owners provide is available from your local Citizens' Advice Bureau or Trading Standards office. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
15. Immediate Termination
15.1 These are actions that may result in immediate termination of our contact with you to provide the Booking Services and/or the Rental Contract. They may include, but are not limited to, the following:
⦁ conduct that threatens the safety of staff, guests or community members;
⦁ violations of the Fire Safety Policy;
⦁ interfering with, misusing, tampering with or damaging fire safety equipment;
⦁ smoking inside of any building, including balconies;
⦁ unauthorised burning of any material on the property, including but not limited to incense and candles;
⦁ disregarding a fire alarm signal or refusing to evacuate a building;
⦁ recklessly or intentionally activating an alarm when an emergency situation does not exist;
⦁ interfering with, misusing, tampering with or damaging, any electronic device;
⦁ blocking an egress path or window;
⦁ leaving food unattended on the hob or in the oven;
⦁ tampering with CCTV or security devices;
⦁ possession of, or threatened use of a weapon;
⦁ climbing the roof or walls of any building or trees;
⦁ any discriminatory harassment or sexual misconduct;
⦁ theft of or destruction of premises or property;
⦁ sex, nudity, voyeurism or lewd behavior;
⦁ discriminatory or marginalising language or behaviour;
⦁ illegal drug possession or use on the Property;
⦁ committing any criminal act during your stay.
16.1 A refund will not be given in other circumstances which include, but are not limited to: accommodation that is not according to taste; accommodation that is not in line with religious ideology (including living with people from another gender); accommodation that turns out to be in a less safe neighbourhood; accommodation that has noise complaints; accommodation that is not suitable to the Guest because of medical reasons; accommodation that has a minor malfunction that could not have been known in advance; the Guest is hindered in coming to the accommodation because of a change of plans, travel delays, illness or having made a double booking; the Guest has not followed check-in instructions or does not show up by any reason; the Guest fails to report the issue within the first 24 hours after the move-in date registered on the platform. The Guest must inform Livinc and the Owner or Property Manager within 24 hours after the start of their stay. The Guest must substantiate his claim and provide visual proof (pictures, videos etc). If we find, at our own discretion, the Guest claim to be convincing, it will refund the rent and the fees charged by Livinc to the Guest. If the Guest does not inform us about any problems within 24 hours from the start of the stay, the Guest is expected to have agreed with the room as it is. We will then transfer the payment of the rent to the Owner.
17. Reporting a problem
17.1 If you have any complaint about the Booking Services, Rental Services or the Property please contact us. If the property is substantially different than advertised, you can “Report a Problem” within 24 hours of check-in. The check-in time is taken to be the earliest check-in time as specified on Booking Details regardless of whether you have agreed to another check-in time with the Property Manager, and the check-in timezone is the timezone of the Property. Once you have reported a problem, we will ensure that the Owner or Property Manager is immediately notified and will not process any pending payments to the Owner until such time that the problem has been resolved. In case of a problem, you shall grant the Owner or Property Manager a reasonable time limit to remedy the problem or repair any defect or damage. If you cannot find a suitable resolution directly with the Owner or Property Manager, we may choose to mediate a solution.
18. Security Deposits and Damage
18.1 As part of these Booking Conditions, the Owner may request you to agree to a security deposit at the booking time. This will be clearly stated on the Booking Details page. If the Owner or Property Manager reports to Livinc damages or missing inventory/furniture/appliances within 24 hours of check-out and provides evidence, you agree that Livinc may charge your security deposit account or payment card an amount up to the maximum amount of the Security Deposit. If Livinc cannot charge your payment card, you agree to make payment via other means within seven days. If the Owner has made no claim, your Security Deposit will be paid back to the payment method it was paid from, or other ways agreed, within 10 working days or in accordance with any terms outlined in your “Rental Contract.”
18.2 You are liable for any damage to the Property and/or its inventory/furniture/appliances or facilities committed during the rental period. Damage to the Property and/or its inventory made during the rental period must immediately be reported to the Owner or Property Manager.
18.3 Any claim by the Owner regarding damage made during the rental period, whether the Guest has reported such damage or whether it has been otherwise ascertained, can be made up to 24 hours after the latest check-out time. The check-out time is taken to be the latest check-out time as specified on Booking Details regardless of whether you have agreed to another check-out time with the Owner or Property Manager. The check-out timezone is the timezone of the Property.
19. Other important terms
19.1 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.
19.2 These Booking Conditions may be presented to you in more than one language. However, the English language version of these Booking Conditions shall prevail. Any contracts made under these Booking Conditions will be concluded in English.
19.3 We and each Owner intend to rely on these written Booking Conditions and any document expressly referred to in them in relation to the subject matter of any contract made under them. We and you and each Owner will be legally bound by these Booking Conditions.
19.4 In these Booking Conditions, 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.
19.5 We and each Owner may transfer our rights and obligations under these Booking Conditions to another organisation. We or the Owner will contact you to let you know if this is planned. If you are unhappy with the transfer you may contact us or the Owner to end the relevant contract within 14 days of us or the Owner telling you about it and we or they will refund you any payments you have made in advance for services that have not been provided.
19.6 If we or an Owner is prevented or delayed from complying with any obligations under these Booking Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our or an Owner's reasonable control, the inability or delay in performing those obligations will not be treated as a breach of the terms of these Booking Conditions. Examples of such events or circumstances include fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
19.7 Neither the Owner, Property Manager nor us can be held liable for cases of insect attacks in the Property, nor for theft, damage to, or similar circumstances relating to the Guest’s property.
19.8 You may only transfer your rights or your obligations under a contract made under these Booking Conditions to another person if we or an Owner (as applicable) agree to this in writing.
19.9 Each Rental Contract is between the relevant you and the relevant Owner. No other person shall have any rights to enforce any of the terms of each respective contract. The party to a contract made under these Booking Conditions will not need to get the agreement of any other person in order to end that contract or make any changes to these Booking Conditions.
19.10 Each of the paragraphs of these Booking Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.11 If we or an Owner do not insist immediately that you do anything you are required to do under these Booking Conditions, or if we or an Owner delay in taking steps against you in respect of you breaking a contract made under them, that will not mean that you do not have to do those things and it will not prevent us or an Owner (as applicable) taking steps against you at a later date. For example, if you miss a payment and an Owner does not chase you but continues to provide the Rental Services, they can still require you to make the payment at a later date.
19.12 In the event of any discrepancy between these Booking Conditions and any other written agreement made between the Guest and us, these Terms shall prevail. If there is any discrepancy between the English and any translated version of these Terms (due to translation or mistakes etc.), the English version will prevail.
19.13 These Booking Conditions and any contracts made under them are governed by and construed in accordance with the Laws of England and Wales and the Parties hereto submit to the exclusive jurisdiction of the English and Welsh Courts in respect of any dispute and/or legal proceedings in respect of this Agreement and any matter arising hereunder.
20. Changes to these Booking Conditions
20.1 We may make changes to these Booking Conditions at any time by sending you an email with the modified Booking Conditions or by posting a copy of them on the Site. Any changes will take effect 7 days after the date of our email or the date on which we post the modified terms on the Site, whichever is the earlier. If you continue to use the Site after that period has expired, it means that you accept any such changes. The modified Booking Conditions will not apply to any Bookings that we confirm with you before the date the modified Booking Conditions come into effect.
20.2 No representative, agent or sales person has the authority to vary, amend or waive any of these Booking Conditions. No amendment, variation or waiver of any of these Booking Conditions will be valid or have any effect unless accepted by us in writing.
21. Processing of personal data
21.1 We may collect and process personal information about you necessary for a contract’s performance between you and Livinc. We will not process additional personal information without your prior consent. You have a right to request access to and rectification of personal information about you. You also have the right to object to our processing of personal information about you, and you have a right to complain to a supervisory authority (being the ICO in the UK: https://ico.org.uk/).
22. Contact us
23.1 This Site is owned and operated by The Parklane Group trading as Livinc. The registered office address of The Parklane Group is Northgate, 118 North Street, Leeds, LS2 7PN, United Kingdom. T: +447596323165 (08:30-17:30)
Livinc's Complaint Procedure
We are committed to providing a professional service to all our clients and customers. When something goes wrong, we need you to tell us about it. This will help us to improve our standards.
If you have a complaint, please put it in writing, including as much detail as possible. We will then respond in line with the timeframes set out below (if you feel we have not sought to address your complaints within eight weeks, you may be able to refer your complaint to the Property Ombudsman to consider without our final viewpoint on the matter).
What will happen next?
· We will send you a letter acknowledging receipt of you complaint within three working days of receiving it, enclosing a copy of this procedure.
· We will then investigate your complaint. This will normally be dealt with by the office manager who will review your file and speak to the member of staff who dealt with you. A formal written outcome of our investigation will be sent to you within 15 working days of sending the acknowledgement letter.
· If, at this stage, you are still not satisfied, you should contact us again and we will arrange for a separate review to take place by a senior member of staff.
· We will write to you within 15 working days of receiving your request for a review, confirming our final viewpoint on the matter.
· If you are still not satisfied after the last stage of the in-house complaint procedure (or more than 8 weeks has elapsed since the complaint was first made) you can request an independent review from The Property Ombudsman without charge.
The Property Ombudsman
43-55 Milford Street
01722 333 306
Please note the following:
You will need to submit your complaint to The Property Ombudsman within 12 months of receiving our final viewpoint letter, including any evidence to support your case.
The Property Ombudsman requires that all complaints are addressed through this in-house complaints procedure, before being submitted for an independent review.