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
- 1.1. This Website is operated under the domain www.livinc.com.
- 1.2. 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.
- 1.3. Our main trading address is also as stated above and out VAT number is 431758294.
- 1.4. 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
- 2.1. These User Terms explain how, you a user, may use this Website and book accommodation
which we list on our Website.
- 2.2. 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.
- 3. Property listing and booking - how it works
- 3.1. 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.
- 3.2. Through this Website, we also offer the Booking Facility.
- 3.3. 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.
- 3.4. To use the Booking Facility on our Website, you need to register with us. This is
explained in more detail in clause 6 below.
- 3.5. 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.
- 3.6. We do not ask you to pay us a fee for using our Website or the Booking Facility.
- 3.7. 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.
- 3.8. We do however, collect the Accommodation Cost from you on behalf of the Owner.
This is explained in clause 9 below.
- 4. By using our Website, you accept these User Terms
- 4.1. 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.
- 4.2. If you do not agree to these User Terms, you must not use our Website or the Booking
Facility we provide.
- 4.3. We recommend that you print a copy of these User Terms for future reference.
- 4.4. 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.
- 5. Our privacy policy and other important information
- 5.1. 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.
- 5.2. 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.
- 5.3. Similarly, we also provide information about the use of cookies on our Website and you
can see our Cookies Policy by clicking here.
- 6. Registration
- 6.1. 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.
- 6.2. 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.
- 6.3. Please refer to clause 5 above about information on our Privacy Policy
regarding how we treat personal data.
- 6.4. 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.
- 6.5. 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.
- 6.6. 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.
- 6.7. Once you are a registered user, you can see information about your bookings by also
visiting the dashboard facility available when you log in.
- 7. Searching and the booking process
- 7.1. 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.
- 7.2. 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.
- 7.3. 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.
- 7.4. 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.
- 7.5. 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.
- 7.6. 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.
- 7.7. 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.
- 7.8. 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.
- 7.9. No booking will be confirmed until the relevant payment applicable to your booking has
been made and you have received a booking confirmation.
- 7.10. 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.
- 7.11. If at any time you have any questions about a booking, you can use the chat function
which is available via the Website.
- 7.12. 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.
- 7.13. When you make a booking with us YOU agree to:
- 7.13.1. use our Booking Facility in line with the processes and procedures which we
reasonably specify;
- 7.13.2. 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;
- 7.13.3. enter into the Owner Contract and comply with the same;
- 7.13.4. comply with your obligations under these User Terms.
- 7.14. When you make a booking with us WE agree to:
- 7.14.1. process your Accommodation Cost in accordance with the service agreement
which we have in place with the relevant Owner;
- 7.14.2. 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;
- 7.14.3. comply with our obligations under these User Terms.
- 8. Owner Contract
- 8.1. When you make a booking, you may be required to enter into an Owner Contract.
- 8.2. 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.
- 8.3. 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.
- 8.4. 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.
- 8.5. 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.
- 8.6. 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.
- 8.7. 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.
- 8.8. 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.
- 8.9. 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.
- 8.10. We are not responsible for any breach by you or the Owner of any provisions of the
Owner Contract.
- 8.11. 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.
- 9. Accommodation Costs and payments
- 9.1. We usually collect the Accommodation Cost from you via the Booking Facility.
- 9.2. 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.
- 9.3. 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.
- 9.4. 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.
- 9.5. 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.
- 9.6. We collect the Accommodation Cost on behalf of the Owner as part of the service which
we provide to them.
- 9.7. 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.
- 9.8. 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:
- 9.8.1. if the actual Accommodation Cost specified by the Owner is lower than as
quoted by us, we will charge the lower amount; and
- 9.8.2. 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.
- 9.9. 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.
- 9.10. 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.
- 9.11. 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.
- 9.12. 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.
- 9.13. 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.
- 9.14. 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.
- 9.15. 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.
- 9.16. 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.
- 9.17. 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.
- 9.18. 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.
- 9.19. 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.
- 10. If you want to amend or cancel your booking
- 10.1. 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.
- 10.2. 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.
- 10.3. The Owner will confirm their response to you.
- 10.4. 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.
- 10.5. 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.
- 10.6. 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.
- 10.7. We will then contact the Owner to inform them of your cancellation and will send a
confirmation of cancellation to you.
- 10.8. 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.
- 10.9. 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.
- 10.10. 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.
- 11. Cancellation by an Owner or where we reasonably do so on behalf of an
Owner
- 11.1. 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.
- 11.2. We also may cancel a booking on behalf of the Owner if:
- 11.2.1. 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;
- 11.2.2. the Owner tells us they wish to cancel the booking or refuses to honour the
booking (with or without cause);
- 11.2.3. the Owner cannot honour the booking due to circumstances beyond its control
which we become aware of;
- 11.2.4. our contractual relationship with the Owner comes to an end such that we
are no longer authorised by the Owner to continue the booking.
- 11.3. If any of the circumstances in clause 11.2 arises, we contact you as soon as possible
and either:
- 11.3.1. 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
- 11.3.2. refund the cancelled booking.
- 11.4. 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.
- 11.5. 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.
- 11.6. 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.
- 12. Other information about our Website and the Booking Facility
- 12.1. 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.
- 12.2. 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.
- 12.3. 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.
- 12.4. 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.
- 12.5. 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.
- 13. Website content
- 13.1. 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.
- 13.2. 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.
- 13.3. 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.
- 13.4. 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.
- 13.5. 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.
- 13.6. 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.
- 13.7. 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.
- 13.8. 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.
- 13.9. 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.
- 13.10. 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.
- 13.11. 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.
- 13.12. You are responsible for configuring your information technology, computer programmes
and platform to access our Website. You should use your own virus protection software.
- 13.13. 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:
- 13.13.1. 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;
- 13.13.2. 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;
- 13.13.3. 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;
- 13.13.4. agree that you are solely responsible for securing and backing up your
content.
- 13.14. 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.
- 13.15. If you wish to complain about any content, please contact us.
- 14. Restricted activity
- 14.1. 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.
- 14.2. You must not use our Website or the Booking Facility to undertake any activity which
is:
- 14.2.1. defamatory of any person, discriminatory in any way, obscene, offensive,
hateful or inflammatory;
- 14.2.2. insulting, intimidating or humiliating or incites violence or hatred
against particular groups;
- 14.2.3. includes content that would be considered a criminal offence under laws
relating to terrorism, abuse, exploitation, racism or xenophobia; or
- 14.2.4. 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.
- 14.3. 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.
- 15. Booking Facility and related bookings are not for resale
- 15.1. 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.
- 15.2. 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.
- 15.3. You must not nor allow any other person to operate a business in a Property.
- 16. Your responsibilities
- 16.1. 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.
- 16.2. 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.
- 16.3. 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.
- 16.4. 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.
- 16.5. 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.
- 16.6. 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.
- 16.7. 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.
- 16.8. 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.
- 16.9. 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.
- 16.10. You must (and must ensure that all Guests in your party):
- 16.10.1. 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;
- 16.10.2. not make or allow any changes to be made to the Property;
- 16.10.3. 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;
- 16.10.4. 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).
- 16.11. You should also follow any reasonable instructions given to you by the Owner in
relation to Property access, including but not limited as to:
- 16.11.1. check-in and check-out, security and verification and the use of access
codes, key collection and drop off; and
- 16.11.2. reasonable access as may be required by the Owner or staff or contractors
including to deal with repairs (on advance notice except in emergency).
- 16.12. If you have any questions about access, please contact the Owner.
- 16.13. 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.
- 16.14. 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.
- 17. Dealing with problems
- 17.1. If you have a problem using our Website or the Booking Facility, please let us know
as soon as possible.
- 17.2. 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.
- 17.3. 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.
- 17.4. 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.
- 18. Our liability
- 18.1. Whether you are a consumer OR a corporate user:
- 18.1.1. 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;
- 18.1.2. 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;
- 18.1.3. 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.
- 18.1.4. 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:
- a) 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
- b) 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.
- 18.2. 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).
- 18.3. 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.
- 18.4. Clause 18.4 only applies if you are a corporate user. If you
are a corporate user:
- 18.4.1. 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;
- 18.4.2. we will not be liable for any:
- a) loss of profits, sales, business, or revenue;
- b) business interruption;
- c) loss of anticipated savings;
- d) loss of business opportunity, goodwill or reputation; or
- e) any special, indirect or consequential loss or damage.
- 18.5. Clauses 18.5 to 18.5 inclusive only apply if you are a consumer
user. If you are a consumer:
- 18.5.1. 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;
- a) loss of profit or business revenue;
- b) loss of business;
- c) business interruption;
- d) loss of or damage to business reputation;
- e) loss of business opportunity; or
- f) any other business losses.
- 18.5.2. 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;
- 18.5.3. 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.
- 18.6. As a consumer, you have statutory rights. You can find out more about the
rights you might have by contacting Citizens Advice (www.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.
- 18.7. We have given some examples below of consumer rights:
- 18.7.1. 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;
- 18.7.2. if a price hasn't been agreed upfront, what you're asked to pay must be
reasonable;
- 18.7.3. if a timeframe for a service obligation for example, hasn't been agreed
upfront, it must be carried out within a reasonable time.
- 18.8. 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.
- 19. Our intellectual property rights
- 19.1. 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.
- 19.2. 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.
- 19.3. 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.
- 20. Other points
- 20.1. We do not undertake to make this Website available in any particular location.
- 20.2. 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.
- 20.3. You may only transfer your rights or your obligations under these User Terms to
another person if we agree to this in writing.
- 20.4. 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.
- 20.5. 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.
- 20.6. All communications shall be in English.
- 20.7. 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.
- 20.8. These User Terms, their subject matter and their formation, are governed by
English law.
- 20.9. 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.
- 20.10. 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.
- 20.11. 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.
- 20.12. No other person other than you or us, shall have any rights to enforce any of these
User Terms.
- 20.13. 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.
- 21. Options for resolving problems and disputes with us
- 21.1. To resolve a dispute, you have various options available to you. You can:
- 21.1.1. 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
- 21.1.2. 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.
- 21.1.3. 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.
- 22. Discount Offer
- 22.1. The offer is 50% off the first night’s stay (valid for bookings of a minimum of 7 nights) or 10% off the first month’s stay (valid for bookings of a minimum of 3 months).
- 22.2. Quote DISCOUNTLIV to the Customer Service Team to redeem the offer.
- 22.3. The promotional offer can be used once per individual within the valid period.
- 22.4. The offer is only valid when booking is direct with Livinc.com and cannot be used in conjunction with any other offer or promotion.
- 22.5. The offer excludes Roomzzz Aparthotels.
- 22.6. Offer subject to availability.
- 22.7. For full terms and conditions email the reservations team on info@livinc.com