Owner Terms and Conditions

(Last update: September 6, 2016)

1.Introduction

1.1 The www.livincolombia.com website, any subdomain thereof (including: Livincolombia.com.co and Livincolombia.co), and any mobile application for the website (the “  Site   ”) is owned and operated by Inversiones Livincolombia SAS (“  Livncolombia   ”, “  we   ”, “  us   ” or “  our   ”).  Livincolombia is a company legally incorporated in the territory of Colombia with its headquarters in the address Cra. 35 A no. 3-55 Building Almoraima , office. Livincolombia , Cali.

1.2 These terms and conditions (the “ Owner Ts&Cs ”) together with the Privacy Policy, govern the relationship between Livincolombia and any party which accesses or uses the Site to offer or advertise any property for rent, including property owners, lessees and property managers, (collectively, “ Owner ” or “ you ”).

1.3 The Owner Ts&Cs constitute a legally binding agreement between Livincolombia and the Owner. By using or accessing the Site or Livincolombia’s platforms or systems in the capacity of a Owner, you acknowledge that you agree to and are subject to the Owner Ts&Cs as well as our Privacy Policy. If you do not fully agree to the Owner Ts&Cs, you are not authorized to access or otherwise use the Site.

1.4 If the Owner is a company, partnership or other entity, a person who uses this site, and/or agrees to the Owner Ts&Cs, on behalf of that Owner represents that he/she has the authority to bind the entity to these Owner Ts&Cs.

1.5 Livincolombia does not authorize anyone to register with this site unless they are able to enter into legally binding contracts.

1.6 Livincolombia may revise these Owner Ts&Cs at any time by posting an updated version to this Web page. You should visit this page periodically to view the most current Owner Ts&Cs because they are binding on you.

Owners who violate the Owner Ts&Cs may have their access and use of the Site suspended and their Accommodation Listings removed from the Site, at Livincolombia’s discretion.

2. The Site is a Venue only

2.1 This Site is a venue which allows Owner to advertise one or more holiday rental properties (each an “ Accommodation ”) for rent in a variety of pricing formats to potential tenants (each, a “ Guest ” and, collectively with an Owner the ‘ users ’). We may also offer online booking or other tools or services to facilitate payment transactions between Owners and Guests, and to allow them to communicate with each other and to enter into rental agreements or other transactions (collectively, the “ Services ”).

2.2 The Site provides and facilitates a marketplace for Owners and Guests to meet, arrange for and book Accommodations and to enter into rental agreements or other transactions directly with each other. As such, Livincolombia is not, and does not become, party to any contractual relationship between the Guest and the Owner. Livincolombia may assist in mediating disputes between Guests and Owners, but is under no obligation to do so. This is true even if the Site facilitates booking an Accommodation or the use of other tools, services or products, as Livincolombia is not a party to any rental or other agreement between Guests and Owners.

2.3 Livincolombia is not an owner or operator of Accommodations, hotels, motels, home-stays, lodgings or accommodation of any kind.  Livincolombia does not sell, resell, furnish, provide, rent, license, manage or control Accommodations, hotels, motels, home-stays, lodgings or accommodation of any kind. Livincolombia is also not an agent in any capacity for providers or users of Accommodations, hotels, motels, home-stays, loggings or any other accommodation of any kind.

3. Identity Verification and experience with other users

3.1 We do not confirm any user's purported identity. You are responsible for determining the identity and suitability of others who you may contact by means of the Services. We do not endorse any persons who use or register for our Services, whether as Owners or Guests. We do not investigate any user's reputation, conduct, morality, criminal background or verify the information that any user submits to the Site. We encourage you to communicate directly with potential Guests through the tools available on the Site and to review the profile pages for feedback from other users.

3.2 You are solely responsible for your interactions with other users of our Services. We are not responsible for any damage, harm or any other result from your interactions with other users of our Services. We may but have no obligation to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.

3.3 By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Livincolombia. You release Livincolombia from any and all claims, demands, damages (actual, consequential, nominal, punitive or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in connection with your dealing with Services, your communication or interaction with other users on the Site or your experience as a Guest or Owner.

4. Accommodation Listings

4.1 Owner can agree with Livincolombia to place on the site an advertisement for a specific property (each advertisement, a “ Listing ”). Listings can be advertised without any upfront fee, but in exchange Guest’s will be charged a commission equal to a percentage of the base rental amount paid by a Guest on every booking sourced through the Site, as set out in the listing process (“the  Commission ”).  Livincolombia reserves the right to change the applicable Commission. The new Commission rate will be deemed accepted if the Owner does not remove his Listing by the time the new Commission is applied.

4.2 The calculation of the Commission will include applicable payment processing fees related to online payment, but shall not be assessed on amounts charged for taxes and any other product or service purchased by the Guest and charged by Livincolombia, such as insurance products. It is the Owners’ duty to accurately breakdown the different amounts charged to the Guests.

4.3 Owner commits to manage communications enquiries and booking payments through Livincolombia platform and tools. Use of external tools and payments not processed through Livincolombia platform is strictly forbidden.

4.4 To create a Listing, you will be asked questions about the Accommodation, including location, capacity, size, features, availability, price, financial terms and Guest restrictions.

4.5 Owner commits to provide only accurate and up to date information in each Listing (including the description, rates and cancellation policy), and shall not impose different conditions on the Guest than those set out in the listing. You undertake and agree that once a Guest requests to book your Accommodation, the price for the booking cannot be changed.

4.6 Owner shall choose a refund policy among the ones proposed by Livincolombia. The selected refund policy may be changed by the Owner at any time and shall be applicable to all Listings.

4.7 For cancellations initiated by the Owner, the following penalties shall apply:

i. First Cancellation: A first warning will be issued; and The listing associated to the cancelled booking may be penalized in rankings, which leads to less visibility and potentially less future bookings.

ii. More than 1 cancellation: The listing connected to the cancelled booking will be suspended for 1 month and penalized further in rankings which will lead to less visibility and potentially less future bookings.

4.8 Failure to comply with the obligations set forth in these terms and conditions may result in Owner’s permanent exclusion from the Site and from any of its affiliated sites.

4.9 As a Owner, you are responsible for your own acts and omissions and for those of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, including Guests. We advise you to consider and obtain appropriate insurances for your Accommodations, which are your sole responsibility.

4.10 Sort order for Listings depends on Livincolombia’s algorithms and may vary from time to time. No guarantee is given on any position within the search results, but the position of a Listing can be improved through quality criteria, such as number and quality of pictures, rates, description, calendar updates, etc.

4.11 Listings may be displayed on other sites of Livincolombia’s affiliates, and on the sites of companies with which Livincolombia may have signed distribution agreements. However, Livincolombia gives no guarantee of publication other than on the Site where Advertiser originally registered its Listing and within the limit of Livincolombia’s right to publish a Listing or not.

4.12 Listing will be displayed on the Site indefinitely; however Livincolombia reserves the right to remove or refuse to publish any Listing at any time in its sole discretion. Advertiser can also suspend or remove their Listings at any time, through their dashboard or by contacting customer service.

5. Account registration and using the Services

5.1 In order to create a Listing, you must first register an account. We will create your Account and your profile page based upon the information you provide to us. Upon registration, a Owner is given a user profile in which the data he contributes is recorded and in which all the Accommodation rentals offered by that Owner are specified (the “ Dashboard ”).

5.2 You shall not have more than one Account. You agree to provide accurate, current and complete information during the registration process and to update the information to keep it accurate, current and complete. Livincolombia may suspend or terminate your Account and your use of the Services if you create more than one Account or if any information you provide are inaccurate or false.

5.3 The Dashboard provide various functions which are intended to assist Owners to manage their Accommodations through the site; these functions, and the Dashboard itself, are made available on an “as is” basis, and Livincolombia does not undertake that the Dashboard or its functions will be complete or error-free.

5.4 Guests may also post their own reviews of Owners’ Accommodations (“ Guest Reviews ”) on the site. The Owner is given the opportunity to view Guest Reviews, and to respond to them (a “ Owner Response ”). Please note that Livincolombia does not, and does not realistically have the ability to, verify the accuracy or otherwise of Guest Reviews. The Owner’s sole remedy, and Livincolombia’s sole obligation, in the event that an Owner disputes any aspect of a Guest Review is to permit the Owner to post an Owner Response to it.

5.5 Livincolombia requires all Guest Reviews, Owner Responses and other communications to conform to these Owner Terms and the Guest Terms, and may decline to post any of them that Livincolombia finds does not do so. In the event that any Guest Review or OwnerResponse appears on the site but fails to conform to the Owner Terms or Guest Terms, then without prejudice to any other available remedies, Livincolombia shall be entitled immediately to remove from the site the relevant non-conforming Guest Reviews and Owner Responses.

5.6 Enquiries and communications sent using the Livincolombia system are available for review by the Guest who originally sent it and to a limited number of Livincolombia customer service employees, who may be asked by Guests or others for their past enquiry information. Livincolombia also monitors messages from time to time which are sent using Livincolombia platform or systems. Livincolombia may, from time to time, use third party e-mail servers to send and track receipt of emails, and analyze the pattern of emails sent using third party tracking systems. Livincolombia’s system does not hold messages indefinitely and they may not be accessible after the message has been delivered.

Owners should print a copy of any message which is important – for example a payment receipt or a booking confirmation.

5.7 Livincolombia has no responsibility for, or involvement in, the communications between the Owner and Guest.

6. Listing Details and Services

6.1 The display of the Owner’s Listing is dependent on variable algorithms and therefore no guarantee is given to the Owner as to the order its Listing will appear in the search results list.

6.2 A search summary snippet (either with or without a picture of the Accommodation) and linked to the full-page Listing (with or without machine-translated text) may appear on the websites of affiliates of Livincolombia. The availability of search snippets, and the inclusion of Accommodation photos in them, on such Livincolombia Affiliate websites is dependent on the availability of the relevant functionality on those websites. The Owner acknowledges that these search summary snippets may appear very low in the search hierarchy of the relevant websites.

6.3 Accommodation search snippets are searched and displayed based on Livincolombia’s sort algorithm. Guests can also filter Listings according to various criteria, such as, but not limited to:

• The average review score
• The number of bedrooms, bathrooms and/or beds
• The number of reviews
• The pricing

6.4 Livincolombia has implemented the Translation service on the site. Owners can use this service free of charge to have their Listings translated. The Owner acknowledges and accepts that this is a static machine translation system which frequently makes mistakes. After translation, the Owner must review the translation, and correct all inaccuracies in it. T Livincolombia does not have any responsibility for the accuracy or otherwise of the Translation service.

6.5 Livincolombia offers the possibility to link Listings to Google Maps. In order to do so, the Owner must confirm that the address indicated for the relevant Listing is correct on the Owner’s dashboard, and must separately agree to Google’s relevant terms and conditions. The Owner accepts that Google Maps is provided under Google’s terms and conditions and Livincolombia will not be responsible for the functioning, accuracy or otherwise of Google Maps. The Owner acknowledges and accepts that the Google Maps’ service is not error free and the Ownerwill ensure that the correct location of the Property is shown by Google Maps when using this service.

6.6 Livincolombia also uses Google Analytics to gather statistics on site usage. There are more details in the Privacy Policy and in Google’s own privacy policy. Google may aggregate data they collect from their various services including Google Analytics, Google Maps and other Google services including YouTube. Owner accepts that Livincolombia has no control over Google’s data collection.

7. Additional Services

Livincolombia may make available, and may from time to time add to or remove, certain additional programs, options, and/or promotions to all or selected Owners (the “ Additional Services ”). The Additional Services may be offered or made available on an options or mandatory basis and in any case will be subject to additional terms and conditions which will be notified to the eligible Owners. By accepting, selecting or participating in these Additional Services, including by continuing to use the Additional Services, in the case of mandatory programs or options, the Owner also agrees to such additional terms and conditions, which will be deemed to be incorporated by reference into these Terms with respect to such Additional Services.

8. Termination

8.1 We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to and use of the Services, (b) deactivate or delete any of your accounts and all related information and files in the accounts and (c) prohibit your access to any of the files or Services. Upon termination, we may cancel your future bookings and payments due to you.

8.2 If Livincolombia determines, or an allegation is made, that:

1. Listings or other content associated with a Owner contain any material that infringes the Owner Terms, the law, applicable regulations or the rights of any person or entity;
2. a Owner has submitted unsuitable material to, or misused, the site;
3. a Owner's listing or rental practices are unacceptable or unfair (for example, and without limitation, if an Owner double-books an Accommodation for multiple Guests on the same date, or engages in any practice that would be considered unfair or improper within the holiday rental industry);
4. the Owner is in material breach of these Owner Ts&Cs (which shall include, for the avoidance of doubt, any breach of clause 13 ‘Rights and obligations of the Owner’ or clause 14 ‘Prohibitions’) any other obligations owed to Livincolombia, any Livincolombia Affiliate or Guest;
5. a Owner has been is abusive or offensive to any employee or representative of Livincolombia;
6. a Owner uses a false identity;
7. Livincolombia’s systems or communications platforms have been otherwise misused; or
8. anything similar to the foregoing has occurred in relation to any of Livincolombia Affiliates,

then Livincolombia shall be entitled to, at its sole discretion, (i) suspend, (ii) down-tier, or (iii) terminate either (a) any affected Listings, or (b) all Listings associated with that Owner (including, for the avoidance of doubt, any Additional Paid Services relating to those Listings) immediately and without refund of payments or any other fees or charges paid by the Owner.

8.3 Note that Livincolombia assumes no duty to investigate complaints.

9. Rights and obligations of Livincolombia

9.1 Livincolombia may change, suspend or discontinue any aspect of the Site at any time, including the layout and the availability of any Site features, database or content without any prior notice or liability.

9.2 Livincolombia shall use commercially reasonable efforts to ensure that Accommodation photographs on the site are as true and accurate a representation as practicable of the photographs of their Accommodations that Owners have submitted to Livincolombia. However, Owners acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.

9.3 Livincolombia may occasionally undertake upgrades of the site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the site. Livincolombia will, where possible, aim to ensure that maintenance of the site that causes any such restriction is undertaken at a time when most Guests’ usage is least affected.

9.4 Livincolombia may conduct identity checks and ask for proof to establish the existence of an Accommodation and/or a Owner and ownership. If Livincolombia – including as a result of information provided by Guests - suspects that the Owner has supplied false information, the Owneracknowledges that Livincolombia is entitled to carry out identity checks on the Owner or to prove the existence of an Accommodation; if requested to do so, the Owner agrees promptly (and in any event within any period requested by Livincolombia) to supply to Livincolombia such proof of identity or of a Accommodation’s existence as Livincolombia requests. Each Owner acknowledges that failure to comply with any such request constitutes a breach of these Owner Ts&Cs.

9.5 Livincolombia complies with its Privacy Policy. The Owner authorizes Livincolombia to forward the Owner’s contact details, including telephone number, to Guests in connection with an Accommodation booking. The Privacy Policy provides further details. Livincolombia may where necessary (including to prevent fraudulent behavior of a third party) give an Owner`s phone number to a Guest. The Owner accepts that it has read the site’s Privacy Policy and consents to the processing of data as outlined in those policies.

9.6 Livincolombia reserves the right to transfer these Owner Ts&Cs, and to assign or subcontract any or all of its rights and obligations under these Owner Ts&Cs, to a third party but will not do so in such a way as to reduce any guarantees given to the Owner under these OwnerTs&Cs.

9.7 Livincolombia may, at any time, without prior notice and in its sole discretion remove or block any Listing.

10. Intellectual Property

10.1 Livincolombia is the owner of the site. All content that appears on this site (including the name and style of Livincolombia but excluding Third-Party Content), and the Site itself, is protected by  rights of publicity, copyright, trademark, trade secret and other applicable proprietary rights and intellectual property laws Except as expressly authorized by us, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, display, perform, publish, adapt, edit, create derivative works from or otherwise deal with these material.

10.2 You may not retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or similar, whether by manual methods, through the use of bots, crawlers, spiders or otherwise. You may not display any portion of the Site in a frame or any content from our Site through in-line links, unless we have provided our prior written consent which you may request at servicioalcliente@livincolombia.com. You may establish ordinary links to the homepage of our Site without our written permission and use embedded HTML widgets, if we have provided them.

10.3 Owners are permitted to download, display or print individual pages of the Site to evidence their agreement with Livincolombia. The relevant file or the relevant printout must clearly bear the text “©  Copyright 2016 – Present Livincolombia.com - All Rights Reserved ”.

11. Third Party Content

In using the Services, you may deal with content and information from other users or third parties (“ Third-Party Content ”). Third-Party Content may be provided directly through the Services or through links to third-party websites. We do not control, and have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the truth of, and bear all risks associated with Third-Party Content, including the profiles of other Users.

12. Binding Agreement

12.1 The Owner agrees and warrants that if a Guest requests to book your Accommodation, you shall respond within 24 hours, failing which the booking is automatically cancelled. When you agree to accept an offer from a Guest to book your Accommodation, Livincolombia will send you a confirmation of the booking, and a binding agreement between Guest and Owner arises only when Livincolombia sends the confirmation of booking.

12.2 The agreement between an Owner and a Guest as described above requires the Owner to grant a license to the Guest for the agreed period of the booking. The agreement does not grant or create, and is not an agreement to grant or create, any lease or similar interest over or in the Accommodation in favor of the Guest. Accordingly, during the period of the Guest’s stay in the Accommodation, the Guest does not have exclusive possession of the Accommodation and the Guests’ license to stay in the Accommodation is subject to the Owner’s rights of entry and inspection.

13. Rights and obligations of the Owner

13.1 The Owner shall submit accurate and truthful information about his/her personal identity, payment data, Accommodation offered in Listings and other communications using Livincolombia systems.

13.2 The Owner warrants that all of the information provided to Livincolombia is accurate and up-to-date, including, but not limited to any and all representations about any Accommodation, its amenities, location, price, and its availability for a specific date or range of dates. The Owner will only list Accommodations which the Owner is entitled to rent to Guests, and each Listing must relate to an individual and uniquely identified Accommodation.

13.3 The Owner undertakes to ensure that the information on the Listing is kept accurate and up-to-date for the entire time the Listing remains on the Site, and: (i) if a translation is provided to ensure that it is carefully and correctly translated, and: (ii) to comply with these Owner Terms when drawing up the Listing. The Owner shall not give misleading particulars about the origin of any information or include details that may conceal the true source of any information.

13.4 The Owner undertakes to ensure that the calendar for each Listing is keep accurate and up-to-date to reflect the availability of the relevant Accommodation as it is booked. On date-based searches, listings having calendars which are 60 days or more out of date will be filtered out of results.

13.5 Owners are responsible for ensuring that their Listings do not infringe any applicable laws (including zoning laws) or the rights of any person or entity. Listings must not contain false information, personal insults, anything slanderous or defamatory, or anything that infringes copyright or data protection law.

13.6 Photographs included in a Listing should depict the Accommodation as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party.

13.7 We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse Livincolombia’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. You agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

13.8 We may from time to time provide or facilitate services to Owners to create or improve the quality of their property listings. We also may from time to time create new, or otherwise change, the location or geographic descriptions we use to identify properties in their listings and search results. Consequently, we may change the location or geographic description associated with any property listing. However, we assume no responsibility to verify property listing content or the accuracy of the location. Owners are solely responsible for ensuring the accuracy of listing content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy.

13.9 If any Listing is in breach of these Listings Terms, Livincolombia reserves the right to suspend, down-tier or terminate the relevant Listing or all Listings associated with the Owner in accordance with clause 8 of these Owner Ts&Cs.

13.10 Owners are required to keep their account login details secret and not to pass them on to third parties or use them to provide shared access for example over a network. Owners should use a password which is unique to their use the Site – they must not use the same password as is used for another site or email account. Livincolombia will never ask Owners to disclose this data. If Owners are contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify Livincolombia of the situation by email to servicioalcliente@livincolombia.com . Should any Owners notice that their account is being used by an unauthoriezd third party, they should immediately report the matter to Livincolombia by email to servicioalcliente@livincolombia.com and change their password.

13.11 No listing may be transferred to another party. In the event of a property sale or change in property management, Livincolombia will provide guidance on options for creating a new listing.

14. Prohibitions

14.1 The Owner shall not directly or indirectly:

1. With respect to the Site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
2. Monitor content on the site or communications with Guests by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or property rental adverts, or any subset of the same or which is in the business of providing holiday property rental services or other services that compete with the site or Livincolombia) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with Livincolombia’s robots.txt file;
3. Use the site or livincolombia’s platform or systems for purposes other than those referred to in these Owner Ts&Cs;
4. Use the site or the tools and services on the site for the purpose of booking or soliciting a rental for a property other than an Accommodation under a valid Listing;
5. reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;
6. Upload or send to the site any content or programs, which on account of their size or nature, might damage Livincolombia’s computers or networks;
7. Include content on the site or Livincolombia’s platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;
8. Use or access the site or Livincolombia’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus “includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);
9. Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing“ (whether primary, secondary or other) or that would give rise to criminal or civil liability;
10. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
11. Post or transmit any content that:
12. may disparage any ethnic, racial, sexual, religious or other group by stereotypical depiction or otherwise;
13. depicts or advocates the use of illegal drugs;
14. characterizes violence as acceptable, glamorous or desirable; or
15. provides a link to any other websites.
16. Refer to Livincolombia or any Livincolombia Affiliate in any way that might lead someone to believe that the Owner, any Accommodation, Listing or website is sponsored by, affiliated with, or endorsed by Livincolombia or any Livincolombia Affiliate; or
17. Substitute an Accommodation in a Listing for another Accommodation without the prior consent of Livincolombia. Prohibited substitution activities include:
18. multi-unit listing: use of one Listing to promote more than one property available in a building;
19. Substitution: changing the Accommodation which is displayed in a Listing as that Accommodation becomes booked; and
20. Leeching: offering a Guest who enquires through the Site a different Accommodation than the one which is displayed in the relevant Listing.

14.2 In the event of any breach of this clause by an Owner, Livincolombia reserves the right to suspend, down-tier or terminate the relevant Listing or all Listings associated with the Owner in accordance with clause 8 of these Owner Ts&Cs.

15. Payment

15.1 Fee Structure .  In consideration of the services, Livincolombia charges guests a service fee that is a percentage of the price of accommodation. As a Owner, you can post an ad for free and authorizes Livincolombia to charge its current service fee to each guest. Some features or optional services may include additional charges, which you agree to pay.

15.2 Livincolombia provides a feature through which Members may view Accommodation prices and fees in currencies other than Colombian Pesos (COP). Amounts listed in currencies other than Colombian Pesos are for information only and do not represent the exchange rates or amounts applicable to your payments. All fees are payable in the currency that are selected by users.

15.3 Payments may be subject to foreign currency processing costs, which are not refundable.

15.4 Payment.  Once a Guest reserves an Accommodation, they will be asked to provide billing information (full name, ID, billing address) and they will make the payment using any of the following means.

• Credit card : Guest will be asked to give the credit card information. We will obtain a pre-authorization for the total amount of the stay to ensure that Guest have the necessary amount of funds available to cover the transaction, but will not charge Guest`s card at that time. Alternatively we may charge COP$1000 to verify that the card works. If the Owner who posted the Accommodation accepts guests offer to the card will be charged the full balance at the time of acceptance. If the Owner fails to respond or accept your offer, any charges will be refunded and the pre-authorization will be released.
• Bank transfer and cash payments:  If the Owner who posted the accommodation accepts the offer. An e-mail will be sent to Guest with payment instructions. Guest will be asked to make the payment of the total amount of the stay by bank transfer or cash at authorized collection points. Guest will have a time of 3 hours after receiving the email to make the payment. If after 3 hours Guest does not make the payment, Guest must make a new application and wait until the Owner accepts the offer again. Banking charges generated in the issuance of payment shall be taken by Guest (For example : fees for international transfers)

The funds will be held by Livincolombia until Guest arrives, and within 48 hours after guest arrives, will be released to the Owner.

15.5 Cancellation and Refunds.  If a Guest cancels a reservation, Livincolombia will return the funds to the Guest in accordance with the applicable cancellation and refund policy you have selected for that Accommodation.

If you cancel a reservation, Livincolombia will return 100 % of the funds to the guest. 

15.6   Cancellation and refund because of Owner failure to comply . The Owner accepts to ensure that the information in listing will be updated and accurate at all times that the ad remains on the Site. The Owneralso promises to deliver the guest accommodation in good living conditions and cleaning conditions.

If Guest demonstrate that the real property is different from the information described on the site, the pictures posted on the site are different from the reality, the property is not in habitable conditions, or the accommodation has a poor cleaning. Guest may request the cancellation of the reservation and the refund of 100% of the amount paid to Livincolombia. If this situation occurs Livincolombia reserves the sole right to decide whether the 100% refund is made to the guest for the nonconformity or if the reimbursement is made according to the refund policy of the accommodation.

 Once   a guest start using the accommodation guest can only request the reimbursement “because of Owner failure to comply” within 12 hours after guest started using the accommodation. To request reimbursement “because of Owner failure to comply guest must send an email to servicioalcliente@livincolombia.com or communicate to the lines of customer service.

15.7 Taxes.  You are solely responsible for determining your own taxes arising out of or in connection with the Services, and you shall account to the relevant authorities for all applicable taxes on the payments you receive. We cannot and do not offer tax advice to either Owners or Guests.

15.8 Damages.  Guests are responsible for leaving the Accommodation in the condition that it was handed over to you. In the event that you claim otherwise and provide evidence of damage and/or loss, including but not limited to photographs and/or signed acknowledgments, the Guest must pay the cost of replacing the damaged and/or lost items with equivalent items. If the Guest does remit payment, the Owner will be entitled and may take such action against the Guest directly as the Owner may deem appropriate.

Guest will be responsible for the correct and decent behavior of all persons traveling with, according to the rules of accommodation and co-ownership or housing unit where it is located. If guest, or anyone else coming with him, do not respect the rules of behavior required in the accommodation, the Owner has the right to ask Guest to leave the accommodation and guest will not be entitled to claim any compensation or refund.

15.9 Security deposit. The Owner can include in its ad a security deposit as guarantee against damages and/or injuries that may be caused by the guest during the stay. Livincolombia will collect the security deposit from guest and will refund the deposit 48 work hours after his departure from the accommodation. Refund of the security deposit will be made in all cases except if the Owner makes a claim for damages and/or injuries caused by the guest during the stay. To claim the security deposit the Owner must make the request within 24 working hours after the departure of the guest or before a new guest come into the accommodation (whichever comes first). In that case we will intervene as mediators and we will charge the corresponding amount to the guest when we consider necessary in order to repair the damage and / or injury caused to the Owner.

It is not allowed to make payment of security deposits directly to the Owner because processing any off-page payments related to bookings is a violation of our terms.

16. No agency

Livincolombia is not an agent or representative of any User, whether a Owneror a Guest. All agreements, transactions and other dealings between Users, whether as Owners, Guests or in any other capacity, are solely decided by those persons and between those persons only. Livincolombia is not privy or a party to these agreements, transactions or other dealings.

17. Proprietary rights to content

17.1 Where a Owner submits to or transmits through the site or Livincolombia’s platform or systems any content of any type, including text or images, the Owner undertakes that it has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or owners of featured items (’property release’).

17.2 To the extent that Owners’ Listings and other submissions may contain trademarks, Owners warrant that they have the right to use them, including sublicensing rights.

17.3 By submitting any form of content to the Site (including photographs, words, pictures or symbols), the Owner grants Livincolombia and each of its Livincolombia Affiliates a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, sell, distribute the content in any form, in all media now known or in the future created and for any purpose, subject to the Privacy Policy. You represent and warrant to us that you sufficient rights to grant us this license. We may sublicense any of these rights to our subcontractors, affiliates and other parties we deal with in relation to the Services.

18. Right of blocking, suspension or withdrawal of listings

If the Owner is in breach of this Agreement, or if a third party requests the removal of a Listing on the basis of an alleged violation of trademarks, copyrights, or legislation relating to the protection of privacy and / or personal data, or for any other valid reason and that the Owner cannot prove to Livincolombia that it has the right to publish this content (including images and / or photographs), Livincolombia has the right to block or delete, temporarily or permanently, without any notice to the Owner and without prejudice to any other legal measure.

19. Responsibility of Owner

The Owner will be held solely and exclusively responsible for all the financial consequences resulting from damage to Livincolombia due to content or any program transmitted or sent by the Owner that results in any damage to the hardware of Livincolombia, including damaging the system or data or by causing the failure of such system or faults therein. The financial consequences mentioned above include reasonable legal fees.

20. Indemnification

Owner agrees to defend, indemnify and hold harmless Livincolombia and each Livincolombia Affiliate, and their respective officers, directors, employees and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) brought by third parties brought against Livincolombia or any Livincolombai Affiliate alleging or arising out of or in connection from (a) any content or material the Owner submits or provides for inclusion on the Site; (b) any use by the Owner of the Site; and (c) any breach of these Owner Ts&Cs on the part of the Owner.

21.Contacting us

21.1 Any messages should be sent to Livincolombia using the contact form or Livincolombia platform or by post to Livincolombia Cra 35 A no. 3 -5 , oficina Livincolombia, Cali, Colombia.

21.2   Notices regarding infringements of copyright must specify the following:

1. Your address, telephone number and email;
2. Detailed information about the content concerned (display of the image or text), including a link to the site; and
3. A formal declaration showing that you;
4. Are the holder of the exclusive user right to the work;
5. Have not authorized the use of the relevant material in this form.

22. Disclaimer

22.1 The Services are provided as-is and as-available. To the greatest extent allowed under applicable law, we expressly disclaim all warranties of any kind whatsoever, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

22.2 Without limiting the generality of the previous clause, we do not warrant and expressly disclaim any warranty that (a) the Services will satisfy your requirements; (b) the Services will be uninterrupted, timely, secure or error-free; (c) information will be accurate or reliable; (d) any products, services, information or other material purchased or obtained through the Services will conform to any description, specifications, requirements, standards or warranties; or (e) any errors on the Site or in the Services will be corrected.

22.3 You acknowledge and agree that:

a) you use the Services at your sole risk;

b) Livincolombia does not check, verify or ascertain any Owner, Guest or other person;

c) Livincolombia is a reputation-based system, and that you will reasonably rely on Service users' comments and referrals, use common sense and exercise due care and diligence in using and relying on the Services;

d) you access or transmit content through the Services at your sole risk, and accordingly you are solely responsible for any loss or damage arising out of the access or transmission; and

e) the data, information or advice obtained by you, orally, in writing or in any other form, from or in connection with the Services does not create or give rise to any warranty whatsoever, except as expressly stated in these Terms.

23. Livincolombia's limited liability

23.1 Nothing in this Agreement excludes or limits our liability in respect of:

1. a) death or personal injury caused by our negligence; or
2. b) any other liability which may not be limited or excluded under applicable law.

23.2  Livincolombia shall not be liable, and excludes all liability, to you in contract, tort, negligence, breach of warranty, breach of statutory duty or under any other cause, for any loss, damage, cost or expenses of any nature whatsoever, incurred or suffered by you, if the loss, damage, cost or expenses:

1. a) is of an indirect or consequential nature;
2. b) Constitutes pure economic loss; or
3. c) Constitutes loss of turnover, profit, business or goodwill.

23.3 To the extent permitted under applicable law, in circumstances where Livincolombia has not effectively excluded liability to you under the previous clause, the maximum limit of the Livincolombia’s liability to the Owner, whether in contract, tort, negligence, breach of warranty, breach of statutory duty or under any other cause, shall be COP$1.000.000.00.

24. Reporting Misconduct

If you Owner anyone who you feel has acted inappropriately, violently or dishonestly, you must immediately report the offending person to the appropriate authorities and then to us at   servicioalcliente@livincolombia.com. Your report does not require us to take any action except as required by applicable law.

25. Applicable law

These Terms are governed by Colombia law. You hereby irrevocably submit to the exclusive jurisdiction of the Singapore courts.

26. General

26.1 These Terms contain the entire agreement, and supersede all prior understandings between the parties. If any provision of the Owner Ts&Cs are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Owner Ts&Cs, which shall remain in full force and effect. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Owner Ts&Cs. No waiver of any term of the Owner Ts&Cs shall be deemed a further or continuing waiver of such term or any other term. In addition, Livincolombia’s failure to enforce any term of the Ownert Ts&Cs shall not be deemed as a waiver of such term or otherwise affect Livnicolombia’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional terms for certain areas of the Site including the Privacy Policy, the OwnerTs&Cs constitute the entire agreement between Owner and Livincolombia with respect to the use of the Site. No changes to these Terms shall be made except by a revised posting on this page.

26.2 Livincolombia recommends that the Owner saves his/her own copy of these Owner Ts&Cs in a separate file on its PC or in print-out form.