一般条件
TERMS AND CONDITIONS FOR TENANTS
1. Mission of Livapart
Livapart's mission is to help tenants find accommodation abroad or in their own country. Through Livapart, we want tenants to feel safe before, during and after their stay. Through features such as private messaging or email contact, tenants can have all their questions answered.
2. Search and book with Livapart
2.1 Search
You can search for accommodations by applying search parameters such as destination, dates, date flexibility and number of tenants. Filters can also be used to narrow down the search results. Search results are based on matching search parameters to other criteria. Factors such as price, availability, reviews and cancellation history, popularity, previous bookings, saved listings and owner or partner requirements (e.g. minimum or maximum number of months of stay), among others, are taken into account.
2.2 Booking
By booking an accommodation, you agree to pay all applicable fees, Livapart's service fees, taxes and any other charges listed on the payment page (collectively, the "Total Price"). You further agree that Livapart, through Stripe, may debit the Payment Method (as defined in the Payment Terms) used to book the accommodation to collect the corresponding amounts. Upon receipt of the booking confirmation, a booking is concluded directly between you and the owner/partner. In addition to these Terms, you will be bound by and comply with all terms and conditions of the booking, including the cancellation policy and any other rules, regulations, policies or requirements identified in the listing or during the payment process that apply to the booking. It is your responsibility to read and understand these rules, regulations, policies and requirements before booking an accommodation.
2.3 Accommodation booking
A booking for accommodation constitutes a limited license to access, use and stay in the accommodation. The Owner/Partner reserves the right to access the Accommodation during the Tenant's stay if (i) it is reasonably necessary, (ii) it is authorized by the contract between you and the Owner/Partner, and (iii) it is authorized by applicable law. If you remain in the Unit after the departure date, Landlord/Partner may require you to leave by lawful means, including the imposition of reasonable penalties.
3. Cancellations, mishaps, refunds and booking changes
3.1 Cancellations, travel mishaps and refunds
Generally, if you cancel a booking, the amount you are refunded depends on the cancellation policy that applies to that booking. However, in some situations, other policies prevail and determine the amount you will be refunded.
Here you will find the standard cancellation policy:
If the tenant cancels the booking more than 60 days before the start date, he/she will pay a 50 euro penalty and receive :
- 100% of the service fee (fee charged to the tenant for using Livapart)
- 100% of the first rent
If the tenant cancels his booking between 30 and 59 days before the start date, he will pay a 50 euro penalty and receive
- 100% of the service fee (fee charged to the tenant for using Livapart)
- 50% of the first rent
If the tenant cancels the booking 29 days or less before the start date, he/she will not receive any refund.
If the owner/partner cancels the booking, you may be entitled to assistance in making a new reservation or to a full refund. You may appeal this decision by contacting Livapart's email address: contact@livapart.com.
3.2 Modifications des réservations
Owners/Partners and Renters are responsible for any booking changes they agree to make and agree to pay any additional fees, commissions or taxes associated with any booking changes.
4. Tenant Responsibilities
You are responsible for your own acts and omissions, as well as the acts and omissions of any person you invite or give access to the unit. This means, in particular: (i) you are responsible for leaving the accommodation (and associated personal property) in the same condition as when you arrived, (ii) you are responsible for payment of all applicable amounts of any damage claims that must be paid to cover damage to the accommodation caused by you, your guests or your pets, and (iii) you must act with integrity, treat others with respect and comply with applicable laws at all times.
TERMS AND CONDITIONS FOR THE OWNER/PARTNER
5. Becoming an owner/partner on Livapart.
5.1 Owner/Partner
As an owner/partner, Livapart offers you the right to use the Livapart platform to share your home with our dynamic community of customers and to earn money doing so. Creating an ad is very simple, and you decide at any time how you want to define the price, availability, and rules of each ad.
5.2 Contract with Tenants
When you accept a booking request or receive a booking confirmation through the Livapart Platform, you are the person responsible for providing the Owner/Partner Service under the conditions and at the price specified in your Listing. You also agree to pay applicable fees, such as Livapart's service fee (and applicable taxes) for each booking. Stripe will deduct the amounts due to Livapart from the first month's rent due to you unless you agree with Livapart to a different method.
The fees are:
- 15% of the total value of the booking if the rental period is less than or equal to 1 month
- 18% of the value of one month's rent if the duration is strictly more than 1 month
Your relationship with Livapart is that of an independent person or entity and not an employee, agent, participant or partner of Livapart, with the sole exception that Stripe acts as a collection agent under the Terms of Payment. Livapart does not direct or control your Owner/Partner Service, and you understand that you may, in your sole discretion, decide whether, when, at what price, and on what terms to provide Owner/Partner Services.
6. Management of advertisements
6.1 Creation and management of ads
The Livapart platform provides tools that make it easy to set up and manage listings. Your listing must include complete and accurate information about the owner/partner's service, price, other fees such as cleaning fees, and any rules or requirements applicable to tenants or the listing. You are solely responsible for your actions and omissions, and you are also responsible for including truthful information in your listing at all times and for keeping your listing current (including calendar availability dates) and its content (such as photos).
6.2 Know your legal obligations
You are responsible for understanding and complying with all laws, rules, regulations and third-party contracts that apply to your listings or owner/partner services. For example, some landlords and lessors, or homeowners' association bylaws, restrict or prohibit subletting, short-term rentals, or long stays. Some cities have zoning or other laws that restrict short-term rentals of residential property. Some jurisdictions require landlords/partners to register and obtain a permit or license before providing certain landlord/partner services (such as short-term rentals, extended stays, food preparation, sale of alcoholic beverages, tours or use of vehicles). In some jurisdictions, registration of hosted tenants is required. The information provided by Livapart regarding applicable law is for guidance only; it is your responsibility to inform yourself of your obligations.
6.3 Search ranking
The ranking of listings in the search results on the Livapart platform depends on various factors, including the following main parameters:
- Tenants' search parameters (e.g. number of people, length of stay, time and duration of stay, price range)
- Listing characteristics (e.g., price, calendar availability, number and quality of photos, reviews, type of owner/partner service, age of listing, average popularity of tenant)
- Owner/partner requirements (e.g., minimum or maximum number of months of stay)
- Tenant preferences (e.g. previous bookings, saved listings, the location from which the tenant is searching)
Livapart may allow owners/partners to promote their ads in search or elsewhere on the platform for an additional fee. You can request more information about the factors that determine how your ad appears in search results, current promotional programs (if any) and how we identify promotional content by emailing contact@livapart.com.
6.4 Responsibilities
You are responsible for your own acts and omissions. You are responsible for the pricing and rules and requirements of your ad. You must describe all fees and commissions in your listing description. Do not encourage tenants to provide your contact information or take other actions outside of the Livapart platform, which is considered a violation.
6.5 Assumption of risk
You acknowledge that being a Landlord/Partner involves inherent risks and agree to assume all risks arising from your access and use of the Livapart Platform or any interaction you have with other Members, whether in person or online. You agree that you have had the opportunity to educate yourself about the Livapart Platform and any laws, rules, regulations or obligations that may apply to your Listings and that you are not relying on any representation of law or equity made by Livapart in this regard.
7. Cancellations, travel incidents and booking changes
7.1 Cancellations and Travel Incidents
In general, if a tenant cancels a reservation, the amount you will be paid will be determined by the cancellation policy that applies to that reservation.
Here you will find the standard cancellation policy.
If the tenant cancels the reservation more than 60 days prior to the start date, he/she will pay a 50 euro penalty (to the owner/partner) and will receive :
- 100% of the first rent
If the tenant cancels his reservation between 30 and 59 days before the start date, he will pay 50 euros penalty (to the owner/partner) and the tenant will receive :
- 50% of the first rent
If the tenant cancels his reservation 29 days or less before the start date, he will not receive any refund. Therefore, the owner/partner will receive the first month's rent minus Livapart's commission as agreed in the contract.
As an owner/partner, you must not cancel a reservation without any reason validated by Livapart. If, as an owner/partner, you cancel a reservation without a valid reason, we may impose cancellation fees and other consequences (to be consulted by e-mail).
7.2 Changes to Reservations
Owners/Partners and Tenants are responsible for any booking changes they agree to make through the Livapart platform or indicate to make on their behalf by emailing contact@livapart.com, and agree to pay any additional fees, commissions or taxes associated with a booking change.
8. Taxes
8.1 Taxes to the Owner/Partner
You agree to provide documentation deemed sufficient to support this obligation to withhold taxes from your charges. You agree that Livapart may issue invoices or similar documents on your behalf with respect to VAT, GST, excise or other taxes for your landlord/partner services to facilitate accurate tax reporting by you, tenants and/or their organizations.
8.2 Tax information
You agree to provide documentation deemed sufficient to support this obligation to withhold taxes from your charges. You agree that Livapart may issue invoices or similar documents on your behalf with respect to VAT, GST, excise or other taxes for your landlord/partner services to facilitate accurate tax reporting by you, tenants and/or their organizations.
GENERAL TERMS
9. Evaluations
After each reservation, tenants and owners/partners will have the opportunity to evaluate each other. Your evaluation must be accurate and must not contain discriminatory, offensive, defamatory, or other language. Livapart checks reviews, giving priority to those that could jeopardize an owner/partner's or tenant's future bookings.
10. Content
Certain parts of the Livapart Platform allow you to provide comments, text, photos, audio, video, information, and other content (referred to as, "Content"). By providing Content in any form and by any means, you grant Livapart a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to copy, modify, prepare derivative works of, distribute, publish, and otherwise exploit such Content without limitation. You are solely responsible for all Content you provide, and you warrant that you own or are authorized to grant Livapart the rights described in these Terms. You are responsible if any of your Content violates or infringes upon the intellectual property or privacy rights of any third party. You consent to Livapart's provision of automated services or tools to translate content and to the translation of your content by such services or tools. Livapart does not guarantee the accuracy or quality of translations and Members are responsible for verifying the accuracy of such translations.
11. Fees
Livapart charges fees (and applicable taxes) to owners/partners and tenants for the right to use the Livapart platform. Livapart reserves the right to change fees at any time and will notify members of any fee changes before they become effective. Fee changes will not affect reservations made prior to the effective date of the fee change. If you do not agree to a fee change, you may terminate this Agreement at any time.