STUDENTSBOOKING.COM - LIVINGO LIMITED TERMS AND CONDITIONS
Scope of Livingo Limited Services
Please read these Terms and conditions carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the Livingo.com Platform, you agree to comply with and be bound by these Terms of Service. These terms include various limitations and exclusions, as well as a clause that determines the jurisdiction and authorises on matters of conflict resolution, as well as a clause that applies applicable legislation. By accessing, reading, or using the materials or services accessible on or via the website or other webpages or applications, the user declares that he/she acknowledges and accepts these terms and conditions as being equivalent to a signed legally binding and written document. Livingo Limited reserves the right to modify these terms and conditions at any time. Any changes made to these terms and conditions that may affect the rights of the user will be communicated on the website or application.
When these Terms mention “Livingo Limited,” “we,” “us,” or “our,” it refers to the Livingo Limited company you are contracting with. Your contracting entity will generally be determined based on your Country of Residence. Your “Country of Residence” is the jurisdiction associated with your Livingo Limited Account as determined by either your express selection or by Livingo Limited’s assessment of your residence using various data attributes associated with your Livingo Limited Account.
We suggest that you frequently review these Terms and Conditions, so as to be aware of their scope and of any changes that have been made. By accessing the Websites or Application owned by Livingo Limited, following the publication of notice of such changes or updated versions, you agree to comply with the new terms. The User is aware that the access and use of the Website and/or the Contents is done under his/her sole and exclusive responsibility. Some services of the Website or the Livingo Limited Application may be subject to specific conditions that, where appropriate, replace, complete, and/or modify these Terms and Conditions. The provision of the service at the request of the User implies the express acceptance of the Applicable specific terms and conditions.
The access, registration, browsing, use, storage, and/or downloading of materials and/or use of the services of any Website and/or Content of Livingo Limited by minors (under 18 years) is prohibited. The User, while accessing or using any Website and/or Content of Livingo Limited declares to be at least 18 years of age.
Livingo Limited offers an Online Platform that connects Accommodation Owners or managers (hereinafter “Owner/s”) with Residents (as defined below), who wish to reserve such Accommodation for periods longer than one month (hereinafter, jointly, Services). These Services can be found on www.studentsbooking.com and other websites, applications for mobile and other devices, through which
2.) Key Terms (About these Terms of Services)
“Livingo Limited Content” means all that which is provided by Livingo Limited via its Platform, Application, and services, including any content authorised by a third party.
“Content” means Photos, text, graphics, images, music, software, audio, video, codes, information, and any other material published on the Platform or Application.
“Platform / Website” means any of the domains through which Livingo.com allows the Users to use or browse the Online Platform.
“Application” means any Application available for mobile devices allowing Users to gain access to the services available through the Website.
“User (Student)” means any person who uses the Website or Application owned by Livingo Limited.
“Tenant (Student)” means the person requesting a reservation for the Accommodation via the Platform, Application, or services and/or who is residing at an Accommodation and who is not the Owner of the same Accommodation.
“Owner (Host)” means the person or entity that has entered into an Agreement with Livingo Limited to publish an Advertisement for the Accommodation on the Platform, in order that a Resident may make a reservation for the Accommodation via the Platform. Owners may be either individuals or legal entities, or any other entity that is the owner or manager to enter into a Lease Agreement for the Accommodation on their own behalf or for a third party for a lease period exceeding one month.
“You” means the User, Tenant (Student), or Owner (as appropriate).
“Advertisement” means the publishing of the Accommodation by the Livingo Limited staff, by Agreement between the Livingo Limited staff and the Owner, in order that it be made available for reservation on the Platform.
“Accommodation” means the residence, flat, house, lodging, or room that the Owner publishes on the Livingo.com Website, in order that the Resident may make an online reservation.
“Tenancy Agreement” means the Private Lease Agreement signed by the Owner (as the lessor) and by the Resident (as the lessee), to which Livingo Limited is not party.
“Move-in Date” means the date in which the Resident indicates, at the time of making the reservation, he/she will begin occupying the Accommodation.
“Move-out Date” means the date in which the Resident indicates, at the time of making the reservation, he/she will vacate the Accommodation.
“Instant Booking (Book now)” means you don’t have to wait for owner confirmation, it is available the date you choose, owner-host acceptance date availability, it is a faster booking reservation, you can save time.
“Payment Secure Code”: Tenant (Student) has control to approve their safe and right place, you will receive a verified PayPal secure code until you check it home signed contract you have the same room, you can give the payment code to the owner or host, and the payment will be transferred to the owner’s bank account within 2-5 days.
“Reservation Fee” means that which is paid by the Tenant (Student) to Livingo Limited when making a reservation for the Accommodation via the Platform or Application and after the reservation has been confirmed by the Owner.
“First Payment” means that which is transferred by the Tenant (Student) when making a reservation for the Accommodation via the Platform or Application and after the reservation has been confirmed by the Owner.
“Service Fee” means that previously agreed between a Livingo Limited salesperson and an Owner, which is calculated as a percentage of the Total Contract Value.
“Reservation Request” means that made by the Resident to make a reservation for the Accommodation. This is done when clicking on the “Book Now” button and after completing the reservation form. Both the Reservation Request and the form are processed via email, along with all the requested information, by the Owner receiving them. Also, the Reservation Request contains the Move-in Date, the Move-out Date, and the amount for the First Payment.
“Tax” or “Taxes” means the Value Added Tax (VAT) and any other applicable municipal, autonomous community, or state tax.
Using the Livingo Platform and Member Verification
The Platform Website and Application are used by the Tenants (Student) to make a reservation for Accommodation arrangements that are for a period longer than one month. Accommodation is published on the Platform or Application by the Livingo Limited staff upon the request and approval of the Owners, through the use of the technology required for this purpose. Livingo Limited is not the owner, manager, or real estate agent, and Livingo Limited does not possess, sell, resell, furnish, rent, subrent, manage, nor does it control, the properties in any manner whatsoever. Livingo Limited responsibilities are limited to:
Providing the Platform, Application, and services.
Withholding the First Payment transferred by the Tenant (Student) to Livingo Limited, on behalf of the Owner, once the Owner has accepted the Reservation, so that the First Payment may be transferred to the Owner after deducting the Service Fee plus Value Added Tax (VAT). Livingo Limited will not receive any additional payments after the reservation has been confirmed by the Owner, and from that moment, the Owner is solely responsible for collecting rent payments, unless otherwise agreed between the Owner and Livingo Limited.
The minimum reservation period made via the Website or Application is for one month (30 days), where the Owner may specify a longer minimum period.
The Owner will decide the type of Contract that will apply to the Accommodation, being able to choose among the following types: daily, fortnightly, or monthly.
When the Tenant makes a reservation that has been confirmed by the Owner, he/she will make a transfer to Livingo Limited for the First Payment and the corresponding Reservation Fee plus Value Added Tax (VAT), via the payment methods available on the Website or Application.
The amount of the “First Payment” is calculated in the following manner:
For a monthly agreement:
The First Payment will be the monthly rental price, which, and once the Tenant has settled in the Accommodation, it will be transferred to the Owner as the payment corresponding to the first month’s rent.
For a daily or fortnightly agreement:
In the event that the reservation made by the Tenant covers a full month, the First Payment will be the price for this first full month of rent and subsequently, once the Tenant has settled in the Accommodation, it will be transferred to the Owner as the payment corresponding to that month.
In the event that the reservation does not cover a full month, the First Payment will be the sum of the Daily Price for the first 30 days of the reservation, where the Daily Price may be different when the price varies depending on the month. Subsequently, and once the Tenant (Student) has settled in the Accommodation, the First Payment will be transferred to the Owner as the payment corresponding to the first 30 days of rent.
The “Reservation Fee” is a percentage of the Total Contract Value plus the Value Added Tax (VAT) charged by Livingo Limited to the Resident for the provided services.
The “Total Contract Value” is the total price of the reservation for the rental property, which will vary according to the total duration and set price for each day for its duration.
The “Service Fee” is a percentage of the Total Contract Value that Livingo Limited will charge the Owner for the provided services. The Service Fee and its corresponding Value Added Tax (VAT) will be deducted from the First Payment.
Livingo Limited will only transfer the First Payment, minus the Service Fee and Value Added Tax (VAT), to the Owner 48 hours after the Move-in Date (that which is indicated on the reservation), provided that the Resident has not informed Livingo Limited of any Significant Deficiency (check it Section MOVE-IN POLICY).
In any event, the Owner will be the one to determine, at his/her own discretion, the price of the Accommodation.
Discount Codes: Discount or promotional codes will take effect only if they are used at the time of making the Reservation Request or before the reservation is confirmed by the Owner, under no circumstances will the discount be applicable at a later time.
Content and Copyright
Livingo Limited respects the intellectual property rights of others and expects its users to do the same. Livingo may, at its sole discretion, enable Members to create, upload, post, send, receive and store content, such as text, photos, video, or other materials and information on or through the Livingo Platform (Member Content) and access and view Member Content and any content that Livingo itself makes available on or through the Livingo Platform, including proprietary Livingo content or any content licensed or authorized for use by or through Livingo from a third party (“Livingo content” and together with Member Content, “Collective Content”).
Livingo Platform; Content, and Member Content may in its entirety or in part be protected by copyright, and/or other laws of the EU and other countries. You acknowledge and agree that the Livingo Platform and Livingo Content, including all associated intellectual property rights, are the exclusive property of Livingo
and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, service mark or other proprietary rights notices incorporated in or accompanying the Livingo Platform, Livingo Content or Member Content. All trademarks, marks, logos, trade names, and any other source identifiers of Livingo used on or in connection with the Livingo Platform and Livingo Content are trademarks or registered trademarks of Livingo.
Livingo does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
Livingo may offer Owner-Hosts the option of having professional photographers take photographs of their Owner-Host Services, which are made available by the photographer to Owner-Hosts to include in their Listings with or without a watermark or tag bearing the words “Livingo.com Verified Photo” or similar wording (“Verified Images”). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Livingo Platform if they no longer accurately represent your Accommodation Listing, if you stop hosting the Host Service featured, or if your Livingo Account is terminated or suspended for any reason. You acknowledge and agree that Livingo shall have the right to use any Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Livingo is not the exclusive owner of Verified Images, by using such Verified Images on or through the Livingo Platform. You are solely responsible for all Member Content that you make available on or through the Livingo Platform. You will not post, upload, publish, submit or transmit any Member Content that: is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; is defamatory, libelous, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any other person or animal; promotes illegal or harmful activities or substances; or violates Livingo Limited’s Content Policy or any other Livingo policy. Livingo Limited may, without prior notice, remove or disable access to any Member Content that Livingo finds to be in violation of these Terms or Livingo Limited’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Livingo, its Members, third parties, or property. Livingo Limited respects copyright law and expects its Members to do the same. If you believe that any content on the Livingo Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
Terms for Owner
When creating a Listing through the Livingo Platform, you must provide complete and accurate information about your Owner Service (such as listing accommodations description, location, and calendar availability etc), disclose any deficiencies, restrictions (such as house rules) and requirements that apply such as any minimum age, proficiency or fitness requirements for an Experience and provide any other pertinent information requested by Livingo Limited. You are responsible for keeping your Accommodation Listing information (including calendar availability) up-to-date at all times.
You are solely responsible for setting a price including any Taxes if applicable, or charges such as cleaning fees for your Listing. Once a Tenant requests a booking of your Listing, you may not request that the Tenant pays a higher price than in the booking request.
Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing. Livingo reserves the right to require that Listings have a minimum number of Images of a certain format, size, and resolution.
12.) Damage to Accommodation, Disputes Between Members
The Tenant(Student) is responsible for maintaining the Accommodation in the same condition when he/she arrived at the Accommodation. The Tenant(Student) and the Owner acknowledge and accept that they are responsible for their own acts or omissions, as well as those of anyone who has been invited or granted access to the Accommodation. Livingo Limited will not be held liable, for any event, where damage has been caused to the Accommodation, where such liability shall be resolved between Owner and Student.
13.) Invoicing and Disclaimers
Invoicing: Once the reservation has been finalised, the corresponding simplified invoice will be sent to both the Owner and the Tenant(Student) and, in the event should it be requested, a detailed invoice will be sent with a breakdown of the corresponding Value Added Tax (VAT) or any other applicable tax, depending on the country or place of the transaction.
After 48 hours have elapsed following the Resident’s Move-in Date for the Accommodation and where Livingo Limited has transferred the First Payment to the Owner, all legal and any other type of relationship between Livingo Limited and the Tenant(Student) and between Livingo Limited and the Owner shall expire with regards to the reservation. Livingo Limited shall not be held liable, for any reason, for any event arising from the subsequent relationship between the Owner and the Student.
14.) Law and Jurisdiction
These Terms and Conditions shall be interpreted in accordance with United kingdom, London and Spanish law. Any dispute arising from this Agreement will be resolved by arbitration, being final and binding, and administered by the UK Court of Arbitration, in accordance with its Regulations and Rules, which is entrusted with administering the arbitration procedures and the appointment of the arbitrator or arbitrators. The seat of arbitration will be London or Madrid.
LIVINGO LIMITED GUARANTEE
Under certain circumstances, Livingo Limited (the Company) will provide Guaranteeto users without any need for the user to opt-in or select the coverage in any way.
LIVINGO LIMITED RESERVES THE RIGHT TO WITHDRAW OR MODIFY THIS POLICY AT ANY TIME.
We recommend you carefully read these Terms and Conditions regularly to inform yourself of any modifications.
The Guarantee is an additional service that Livingo Limited offers users and which will only be applied when the company deems it appropriate and provided that all the conditions in the relevant section have been met.
15.) Move-in Policy
After the Owner has approved the reservation and Livingo Limited has sent confirmation of the reservation to both the Tenant (Student) and the Owner, including the contact information for both parties, it will be the Owner’s responsibility to provide any further instructions to the Tenant(Student) with regards to moving into the Accommodation.
The Owner will ensure that the Accommodation reserved by the Tenant is found in the expected and proper living conditions and that the features published in the Accommodation Advertisement remain the same, as well as the pricing terms. Applicable policy for when a Tenant moves into the Accommodation. The Tenant (Student), within 24 hours after the Move-in Date, may inform Livingo Limited of all Significant Deficiencies for the Accommodation, as well as to report on the inaccuracy of the Accommodation with regards to the features indicated in the Advertisement, by sending an email to info@studentsbooking.com, help@studentsbooking.com, and stating the reservation number, while putting the Owner in copy and attaching the necessary visual evidence (photos and/or videos) of the Essential Deficiencies. Once the email has been received by the Livingo Limited staff, at its own discretion, the circumstances will be verified and assessed.
A Significant Deficiency is defined as a circumstance entailing non-liveable conditions, a health risk, and/or substantial modifications that differ from the description in the Advertisement.
In the event that the Livingo Limited staff deems that there is a significant deficiency, the Owner will be given a period of 36 hours to commence actions to resolve such deficiencies, which shall be settled within a reasonable timeframe.
In the event that the Owner does not resolve the deficiencies within a reasonable timeframe, he/she will be in breach of these Terms and Conditions, which will entitle the Tenant(Student) to cancel his/her reservation, which will mean that the Owner will adhere to the Cancellation Policy for Owners (See Cancellation Policy for Owners) and Livingo Limited will provide the Tenant(Student), at its own discretion, one of the following solutions:
Livingo Limited staff will be responsible for looking for Accommodation with similar features, where the Tenant(Student) may accept or reject the Accommodation. This possibility will depend on whether Livingo Limited can provide Accommodation with similar features. In the event the substitute Accommodation offered by Livingo Limited is less than the price of the previous reservation, Livingo Limited will pay the Tenant(Student) the difference between the new price and the price of the reservation.
Livingo Limited staff will refund the Reservation Fee plus the corresponding Value Added Tax (VAT) plus the First Payment to the Tenant(Student).
In the event that the Livingo Limited staff considers that there is no Significant Deficiency and the Tenant cancels the reservation on the basis of unfounded reasons (at Livingo Limited’s discretion), the Tenant(Student) will forfeit his/her Reservation Fee plus the corresponding Value Added Tax (VAT) and the First Payment, where the First Payment will be fully transferred to the Owner.
Livingo Limited will only transfer the First Payment, minus the Service Fee and Value Added Tax (VAT), to the Owner 48 hours after the Move-in Date (that which is indicated on the reservation), provided that the Tenant(Student) has not informed Livingo Limited of any Significant Deficiency.
Lease Agreement signed between the Tenant(Student) and the Owner.
Livingo Limited is not party to any Lease Agreement. This Agreement will be signed only by the Tenant (Student) and the Owner and, accordingly, Livingo Limited will be held harmless of all legal matters, nor will it be held liable in the event of any dispute, disagreement, or claim. Any situation resulting from the aforementioned Lease Agreement shall be settled between the Tenant(Student) and the Owner. Furthermore, Livingo Limited will not be party to any negotiation regarding a bond or security deposit, required by the Owner and made by the Tenant, under the Lease Agreement or in any other type of Agreement, nor will it act as an intermediary for any dispute arising as a result of a bond or security deposit.
Livingo Limited advises that both the Tenant(Student) and the Owner thoroughly read the tenancy Agreement, or any other Agreement entered into, as it will be the instrument governing the relationship between both.
16.) Rent Payment and Secure Deposit
Rent Payment: After the Tenancy Agreement, or any other Agreement entered into between the Tenant (Student) and the Owner, has been signed, it is the sole responsibility of the Owner to collect rent payments from the Tenant. Livingo Limited shall not be held liable, in any manner, for the collection of rent payments or for any outstanding payment that may arise.
Security Deposit: Security Deposit means the amount that the User has to pay to the Accommodation Provider (Owner) to cover any damages that occur during his occupation of the Accommodation or any other breach by the User of the Tenancy Agreement. The deposit is refunded after move-out at the end of the Tenancy Agreement by the Accommodation Provider subject to deduction of any fee for damages. The Security Deposit is a matter between User and the Accommodation Provider and Livingo Limited is not involved in, and shall not be liable for the management of, any such deposits;
17.) Privacy Policy
Any data collected by Livingo Limited for the use of the Website, Platform, Application, or services will be treated in accordance with The UK GDPR is concerned with the "processing" of personal data and Spanish Organic Law 15/1999 on the Protection of Personal Data and its implementing regulations, so as to uphold the relationship arising from these Terms and Conditions.
This data will be included in the File registered at the General Registry of the EU Data Protection Agency (AEPD) and is owned by Livingo Limited (hereinafter “Responsible Entity of the Files”), bearer of Tax Identification: 16135478 and such data shall be treated pursuant to the current legislation on protection of personal data.
Accordingly, the User authorises, as the owner of the data, that such data may be disclosed to third parties, provided that this disclosure is required for the undertaking, compliance, maintenance, and performance of obligations arising from this relationship, in accordance with Article 11.2.c) of the aforementioned Law or on the basis of any other legal provision authorising such disclosure.
In order to exercise the Rights to access, challenge, rectify, cancel or oppose the data, Users shall send written correspondence to: Livingo Limited, Orion House Office 779 Bessemer Road, Welwyn Garden City, United Kingdom, AL7 1HH
This Data Protection Agreement (“Agreement”) is effective since the Users contract Livingo Limited Services and forms part of the Terms of Services of Livingo Limited Services available (“Principal Agreement”) between:
– Users (hereinafter also referred to as the “Controller”) acting on its own behalf.
The term “Users” refers to either: a) the person who registers for a Customer Account on his/her own behalf; or b) the organisation, where the person registers for a Customer account on behalf of an organisation.
And
– Livingo Limited (hereinafter also referred to as the “Processor”) acting on its own behalf. Hereinafter referred individually as the “Party” or jointly as the “Parties”.
BOTH PARTIES EXPOSE
In the course of the performance of the aforementioned Services, Livingo Limited will have access and will process personal data regarding the USERS (Tenant and Property Owners aforementioned). Therefore, the Parties wish to regulate such data processing according to the EU Data Protection Law.
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18.) Feedback
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Livingo Limited Platform. Livingo Limited Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
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19.) General Provisions
The Platform and Application are used by the Residents to make a reservation for Accommodation arrangements that are for a period longer than one month. Accommodation is published on the Platform or Application by the Livingo Limited staff upon the request and approval of the Owners, through the use of the technology required for this purpose. LIVINGO LIMITED IS NOT AN OWNER, MANAGER OR REAL ESTATE AGENT AND LIVINGO LIMITED DOES NOT POSSESS, SELL, RESELL, FURNISH, RENT, SUBLET, MANAGE, NOR DOES IT CONTROL, THE PROPERTIES IN ANY MANNER WHATSOEVER.
LIVINGO LIMITED responsibilities are limited to:
Providing the Platform, Application, and services.
Withholding the First Payment transferred by the Tenant (Student) to Livingo Limited, on behalf of the Owner, once the Owner has accepted the Reservation, so that the First Payment may be transferred to the Owner after deducting the Service Fee plus Value Added Tax (VAT). Livingo Limited will not receive any additional payments after the reservation has been confirmed by the Owner and, from that moment, the Owner is solely responsible for collecting rent payments, unless otherwise agreed between the Owner and Livingo Limited.
