General conditions of on-line pre-reservation of accommodation. Tenant.
The entity YOURENTAFLAT SL hereinafter LIVE4LIFE, with fiscal address at Paseo Facultades 6, bajo izquierda, 46021 Valencia (Spain) and provided with C.I.F B- 40652604 informs you that it is the provider of Information Society Services in accordance with the provisions of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000.
LIVE4LIFE offers an Internet platform through the website: www.live4life.es that connects 'Landlords' who have properties for rent with 'LIVERS' who are looking to rent such accommodations.
Key Terms
Content: texts, graphics, images, music, software, audio, video, information or other included on the website.
Website: Is any of the domains, under which LIVE4LIFE allows users to browse the Online Platform.
For the purposes of these general terms and conditions, 'Owners' and 'Livers' shall mean the following:
Owners: any natural or legal person who publishes any accommodation.
Liver is User or Client: It is any natural person who, searches, registers or reserves any type of accommodation through the website.
We inform you that these general conditions are the terms and conditions applicable to the reservation of the properties and you will have them permanently accessible on our website.
General Aspects
These general conditions regulate the terms and conditions applicable to the booking of accommodation through this platform.
- In order to make the on-line reservation you must register and once the accommodation selection process is completed, you must accept these general conditions and our privacy policy. We inform you that it is necessary and mandatory to accept the privacy policy of the company and these conditions, which will be accepted with the registration process.
- We recommend that you read everything beforehand, download and print them for safekeeping. We inform you that proof of contracting will be kept and that the website does not have technical means of error correction.
- The reservation conditions are basically governed by Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce and by Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, among other applicable regulations.
Operation of the website and services
The web page is used to facilitate the reservation of the Accommodations by the clients for stays longer than one month. These Accommodations are advertised on the website by the LIVE4LIFE team at the request and with the approval of the Owners by making available to them the necessary technology for this purpose.
LIVE4LIFE and the owners of the accommodations are independent parties. There is no relationship of any kind, neither an employment relationship nor a franchise relationship.
Reservation and cancellation policies
- The pre-reservation of accommodation is made exclusively on the website. Once a pre-reservation has been made, we will confirm it to the user by e-mail within 48 hours. In case the pre-reservation is not confirmed by the owner within this period, it will be understood as “not confirmed” releasing LIVE4LIFE from any pre-authorization of the credit card of the client, if applicable.
The user, once the reservation is confirmed by the owner, has 5 calendar days to proceed with the completion of all required data in order to formalize the contract with the owner. In case of not having completed the data thus required in the stipulated time, it will be considered that the user desists of the reservation, losing the totality of the same one without right to refund of any amount. - Subsequent to this reservation, you should know that LIVE4LIFE is not part of the accommodation and lodging contract that you have to sign with the owner of the property not being part of it nor assuming any responsibility for its execution and development. Notwithstanding the foregoing, LIVE4LIFE is authorized by the owner to receive payments from you in order to accept and process the reservation.
- Cancellation policy: If the User or Liver requests the cancellation of the reservation, before the confirmation by the owner, it will be understood as “cancelled” losing the amount of the Pre-reservation. If the User or Liver requests the cancellation when the reservation has already been accepted by the Owner and before the check in date, the same policy will be applied:
- The User or Liver will have to send a writing to the mail privacidad@live4life.es requesting the cancellation and arguing the reasons of the same one as well as attaching proofs of the happened reason.
- In the event that LIVE4LIFE considers that one of the justified causes is applicable, the Owner will not receive any amount for the reservation and LIVE4LIFE reserves the right to remove the Owner from the website if the reason is exclusively attributable to the Owner.
- If the cancellation occurs because the apartment is in poor condition or is uninhabitable, liver may choose to relocate to other similar accommodation or refund the amount of the reservation.
- In no case will the cancellation proceed if the user and the owner have already formalized the corresponding housing contract.
- The User has a period of 72 calendar hours to proceed with the complete formalization of the contract with the owner of the property to be rented, from the moment the notification has been sent for signature. In case of not having proceeded with the same one, the user will lose the totality of the reservation without right to refund of any amount.
- LIVE4LIFE is not obligated to make home visits.
- The maximum term to formalize the reservation of the property after the affirmative of the owner will be of two weeks. If after this period the reservation is not made, it will be considered as a request for cancellation of the reservation and the policy explained in point 3 will be applied..
- The contract will be signed no later than two months after the reservation is formalized.
- If the pre-reserved apartment already has a previous request, it will be indicated in the selected apartment file and, if it is still decided to pre-reserve, these requests will be ordered in order of arrival.
- If a pre-booking is cancelled for any reason, the process would begin again with the next group on the list..
- If more than 90 days are missing for the check-in LIVE4LIFE will apply a penalty of 100% of the service fee paid by the liver and will refund 100% of the booking amount.
- If less than 90 days before check-in LIVE4LIFE will apply a penalty of 100% of the service fee paid by the LIVER as well as 100% of the booking amount.
- If the User or Liver requests the cancellation when it has already been accepted by the owner and after the chek-in date (within 48 hours after check-in), the following procedure will be followed:
-- If the cause is not justified, a penalty of 100% of the service fee and 100% of the booking amount will be applied.
-- If the cause is justified, all amounts (service fee and booking amount) will be refunded. For these purposes the following reasons will be considered as a justified cause:
--- That the accommodation is not the one I have contracted.
--- That the accommodation is the one I have contracted but it is not habitable..
Prices and payment methods
- The price of the reservation payment includes a charge for the service of the use of the development of the platform or marketplace that will be informed previously to the hiring, as well as the payment of an amount equivalent to the first monthly payment or the amount for the formalization of the reservation that stipulates the Owner that must satisfy the 'Liver'.
- LIVE4LIFE, is authorized by the owner to receive collections and for it will make a charge in the account of your credit/debit card (Visa, MasterCard) that you provide us for the amount of the reservation.
- You can pay by Pay Pal, credit card or by bank transfer to the account provided to you afterwards.
- In case of payment by credit card, we will send a debit request to your bank and the amount will not be debited from your account until we obtain your bank's authorization.
- In case of a bank refusal, the order will be automatically cancelled. Your card may be declined for one of the following reasons:
- Failure to pay the reservation will imply the cancellation of the reservation by LIVE4LIFE.
- You agree to pay LIVE4LIFE the amounts that are previously detailed associated with the confirmed reservation by authorizing the collection of such amounts by charging them to the credit card provided as part of the reservation request. Once your reservation transaction is confirmed you will receive a confirmation email summarizing your confirmed reservation. Applicable taxes will be included in accordance with applicable law at all times.
- The card limit may have been reached. Check with your bank that the card has not exceeded the amount allowed for purchases.
- The card may be expired. Check that the validity date has not been exceeded. Some of the information entered may be incorrect. Check that all required fields are correct.
Damage to the accommodations
We inform you on behalf of the owner that as a client, you are responsible for leaving the accommodation in the condition in which you found it when you arrived. You accept and agree that, as a client, you are responsible for your own acts and omissions and you are also responsible for the acts and omissions of any person you invite, or otherwise offer access to the accommodation.
In the event that an owner claims otherwise and proves the occurrence of damage, you agree to pay the cost of replacing the damaged items with equivalent items.
Responsibilities
- LIVE4LIFE as a provider of Information Society Services only responds in accordance with the provisions of the LSSI and the regulations on consumers and users, exempting itself from any liability arising in cases of force majeure or fortuitous event. We are not responsible for the unlawfulness of the contents published by you and we do not have the capacity to supervise them, in this sense, we will act in accordance with the provisions of the LSSI regarding the principle of effective knowledge. We are not responsible for breaches made by the owner or by you in relation to the latter, being alien to the relationship that is generated between owner and student
- LIVE4LIFE makes available to users who book through this platform a rating and opinion service with the purpose that users can express opinions, pour comments and share with third parties their experience with LIVE4LIFE.
- LIVE4LIFE acts exclusively as an intermediary service provider, specifically data storage, and is not responsible for the contents that, in contravention of the general conditions or the applicable legislation in force, the user may post, the user being solely responsible for his messages
- LIVE4LIFE has no obligation to supervise the contents it hosts nor does it have the means to do so, so it does not exercise any control over them. However, in the event that you become aware of the publication of illegal content or content that could damage the property or rights of a third party, please inform us at the above mentioned e-mail address in order to remove such content immediately. Likewise, LIVE4LIFE in defense of the principles set forth in the LSSI and in compliance with the aforementioned Law is obliged to collaborate with the competent bodies that order, if necessary, the removal of certain messages as well as the suspension of the service as soon as it has effective knowledge that the information stored is illicit or infringes the property and rights of third parties.
- LIVE4LIFE does not guarantee the reliability, availability or continuity of the operation of the website and shall not be liable for service interruption, suspension, temporary server downtime or possible omissions, loss of information, data, configurations, improper access or breach of confidentiality originating from technical problems, communications or human omissions caused by third parties or not attributable to LIVE4LIFE. Likewise, it is not obliged to control and does not control in advance, the absence of viruses or elements in the contents, which may cause alterations in the software or hardware of users or persons visiting the page, so it will not be liable for damages of any nature that may arise from them.
Protection of personal data
You can consult the privacy policy on this page.
Prohibited Conduct
- Use computer programs, devices, robots or other manual or automatic means or processes in order to access, extract, collect or analyze content from our website or other service hosted on the website or in the content;
- Interfere with or damage our website, including without limitation, its performance through the use of viruses, cancel bots, Trojan horses, malicious code, packet invasion, denial of service attacks, packet or IP spoofing, spoofed routes or email address information or similar methods or technology that arise in the future.
- Use our messaging services to send unsolicited commercial email ('Spam') or advertisements unrelated to hosting at a particular residence.
- Use our messaging services to send harassing messages or commit a criminal offense through our messaging services.
- Registering and using the web impersonating the identity of a third person.
- Acts against public order, criminal investigation, public safety and national defense.
- Acts that undermine public health or the health of natural persons.
- Acts that attempt against the dignity of the person and against the principle of non-discrimination on the grounds of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance.
- Acts that violate the protection of youth and children.
- Acts that infringe the intellectual property rights of third parties.
- You may not decrypt, decompile, disassemble or reverse engineer any software used to provide the website and the services contained therein, or test the vulnerability of any LIVE4LIFE system or network, or breach any security or authentication measures.
In connection with your use of the website, you agree to comply with all local, national and international laws and not to permit or facilitate any third party to violate or infringe the rights (including without limitation copyright, rights of publicity or privacy, trade dress and trademarks) of others, our policies or the operating mechanisms or security of the service, and without limiting the foregoing YOU MAY NOT:
General terms and conditions for owners
All the contents of the website are protected by the Intellectual and Industrial Property regulations, in particular by the RDL 1/96 of April 12 which approves the Revised Text of the Intellectual Property Law and by the Trademark Law 17/2001 of December 7. The rights to the contents belong to LIVE4LIFE or, where appropriate, to third parties.
Under no circumstances does access to our web page imply assignment, transmission or any other type of waiver, either total or partial, of the Intellectual or Industrial Property rights. The user who accesses our website may only view and obtain a private copy of the contents as long as said copy is solely and exclusively for personal and private use; its use for commercial purposes is strictly prohibited.
The user of the web site must refrain from deleting, altering, evading or manipulating any protection device or security systems that may be installed in it. The unauthorized use of the materials and information contained in the Website may involve the violation of intellectual or industrial property legislation and other applicable regulations.
LIVE4LIFE therefore reserves the right to prosecute any infringement of its intellectual and industrial property rights. LIVE4LIFE reserves the right to modify at any time the contents of its website, without prejudice to the user and respecting, where appropriate, the general conditions of contract that are in force at any time.
Applicable law and jurisdiction
This contract is governed by Spanish law. In case of any dispute that may arise between the parties with respect to its validity, performance or termination, the Courts and Tribunals of Valencia shall have jurisdiction.
General terms and conditions for owners
The entity YOURENTAFLAT SL hereinafter LIVE4LIFE, with fiscal address at Paseo Facultades 6, bajo izquierda, 46021 Valencia (Spain) and with C.I.F B- 40652604 informs you that it is the provider of Information Society Services in accordance with the provisions of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000.
LIVE4LIFE offers an Internet platform through the website www.LIVE4LIFE.es that connects 'Owners' who have accommodations to rent with 'Users' who are looking to rent such accommodations.
Definitions
For the purposes of these General Terms and Conditions, 'Owners' and 'Users' shall mean the following:
- 'Owners or Landlord ':
-- Any natural or legal person who publishes any accommodation.
- 'Users or Liver or Client ':
-- Any natural person who, searches, registers or reserves any type of accommodation through the platform
We inform you that these general conditions are the terms and conditions applicable to the reservation of accommodation and you will have them permanently accessible on our web site.
General Aspects
- The present general conditions regulate the terms and conditions of contracting applicable to the management of accommodation booking of which you are the 'Owner' through this platform.
- The 'Owner' who wishes to publish his accommodations must be of legal age (18 years old) and be competently able to contract. By accepting these terms and conditions you declare that you are of legal age. If applicable, you represent and warrant that you have the capacity to bind legal entity to these terms and conditions.
- You must register and you must accept these general conditions as well as our privacy policy. We inform you that it is necessary and obligatory to accept the privacy policy of the company and the present conditions of purchase.
- We recommend that you read them all beforehand, download them and print them for safekeeping. We inform you that proof of contracting will be kept and that the website does not have technical means of error correction.
- The booking conditions are in Spanish and are basically governed by Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce
Object
The purpose of this agreement is to enable the publication and booking of accommodation between you as 'Owner' and 'Users' interested in your accommodation. Through our platform the selection and booking of accommodation is made possible among other additional services.
LIVE4LIFE and the Owners of the accommodations are independent parties. There is no joint venture, employment or franchise relationship whatsoever. Through our platform you will be able to communicate which accommodations are available, their prices, basic conditions and services. You will be able to upload information not only about the accommodation but also about the common areas and other services (photographs/plans, etc...).
Reservation and cancellation policies
The reservation of accommodation is made exclusively on the website and in the language selected by the user through the website. Once a reservation has been made, we will confirm it to the user by e-mail within 48 hours. You will be obliged to confirm or reject the reservation within 48 hours from the moment the reservation is requested.
- The proper name of the client who has requested the reservation, if requested.
- The nationality and gender of the user.
- Identification of the accommodation you wish to book, check-in date.-in, fecha de check-out, precio de la habitación, ingreso que va a generar la estancia e importe de la comisión de LIVE4LIFE.
If you are unable to confirm or decide to decline an accommodation reservation within the 48-hour period, the reservation will be considered 'unconfirmed'. When confirming a reservation requested by a user, LIVE4LIFE will send an email, a text message or a message via messaging services confirming the reservation.
LIVE4LIFE is not part of the accommodation and lodging contract that you have to sign with the user of the property, not being part of it, nor is it in charge of its management, not assuming any responsibility regarding its execution and development. LIVE4LIFE is hereby authorized by the 'Owner' to receive payments from the users in order to accept and process the reservation. You accept and agree that once a user requests a reservation of your accommodation, the price of said reservation cannot be altered, nor can the conditions of the accommodation provided on the website vary. You further represent and warrant that all information published with respect to the accommodation and all of its common areas and services:
- Will not breach any agreement you have signed with third parties.
- You will comply with all applicable laws, tax requirements, zoning and condominium rules and regulations that may be applicable to any accommodation listed by you including, but not limited to, zoning laws and laws regulating the rental of residential or other properties and will not conflict with the rights of any third party.
LIVE4LIFE recommends that as an 'Owner' you take out adequate insurance for your accommodations. Please carefully review the insurance policy you may have for your accommodation and, in particular, ensure that you are familiar with and understand the exemptions and any deductibles that may be applicable for such insurance policy including, but not limited to, whether or not your insurance policy covers acts or omissions to act on the part of guests (and persons the guest invites to the accommodation, if any) while in your accommodation. The following is exposed for the record and information of the Owner or Landlord, the Cancellation Policies since some of the aspects are applicable to the Owner:
- If the User or Liver requests the cancellation of the reservation, before the confirmation by the Owner, it will be understood as 'cancelled' releasing LIVE4LIFE all pre-authorization of the credit card of said client, if applicable.
- If The User or Liver requests cancellation when the reservation has already been accepted by the Owner and prior to the check in date the following policy will apply:
-- If more than 90 days to check in-in LIVE4LIFE aplicará una penalización del 100% del service fee satisfecho por el Liver y devolverá el 100% del booking amount.
-- If there are less than 90 days to the check-in date-in LIVE4LIFE aplicará una penalización del 100% del service fee satisfecho por el Liver así como el 100 % del booking amount.
- If the User or Liver requests the cancellation when it has already been accepted by the owner and after the check-in date.-in (dentro de las 48 horas siguientes al check-in) se procederá de acuerdo al siguiente procedimiento:
-- If the cause is not justified a penalty of 100% of the service fee and 100% of the booking amount will be applied
-- If the cause is justified, all amounts (service fee and booking amount) will be refunded
- For these purposes the following reasons shall be considered as justified cause:
-- The accommodation is not what I contracted for.
-- The accommodation is what I have contracted for but it is not habitable.
Prices and payment methods
LIVE4LIFE will charge a fee for the service ('service fee') as well as the payment of an amount equivalent to the first monthly payment to be paid by the 'User' ('booking amount'), both amounts must be paid by the User or Liver.
Damages in the accommodations
We inform on behalf of the 'Owner' that the 'user' is responsible for leaving the accommodation in the state in which he/she found it when he/she arrived, being responsible for any damage that may occur.
Responsibilities
- LIVE4LIFE como prestador de Servicios de la Sociedad de la Información sólo responde de acuerdo con lo establecido en la LSSI y en la normativa sobre consumidores y usuarios, eximiéndose de cualquier responsabilidad derivada de un caso de fuerza mayor o caso fortuito. No nos hacemos responsables de la ilicitud de los contenidos publicados por usted y no tenemos capacidad para supervisarlos, en este sentido, actuaremos conforme a lo dispuesto en la LSSI respecto al principio de conocimiento efectivo
- No responderemos de incumplimientos realizados por el 'Owner' ni por el usuario siendo ajeno LIVE4LIFE a la relación que se genera entre ambos.
- LIVE4LIFE provides users who book through this platform with a rating and opinion service so that they can express opinions, make comments and share with third parties their experience with LIVE4LIFE, with their accommodation experience and with the LIVE4LIFE 'Owner'.
- LIVE4LIFE acts exclusively as a service provider of publication and reservation of accommodation, specifically data storage, not being responsible for the contents that, in contravention of the general conditions or the applicable legislation in force, the user can hang being the only one responsible for their messages.
- LIVE4LIFE has no obligation to supervise the contents it hosts, nor does it have the means to do so, so it does not exercise any control over them. However, in the event that you become aware of the publication of illicit content or content that could damage the property or rights of a third party, please inform us at the above-mentioned e-mail address in order to remove such content immediately. Likewise, LIVE4LIFE in defense of the principles set forth in the LSSI and in compliance with the aforementioned Law is obliged to collaborate with the competent bodies that order, if necessary, the removal of certain messages as well as the suspension of the service as soon as it has effective knowledge that the information stored is illicit or infringes the property and rights of third parties.
- LIVE4LIFE does not guarantee the reliability, availability or continuity of the operation of the website and will not be responsible for the interruption of the service, suspension, temporary server downtime or possible omissions, loss of information, data, configurations, improper access or breach of confidentiality originating from technical problems, communications or human omissions caused by third parties or not attributable to LIVE4LIFE. Likewise, it is not obliged to control and does not control in advance, the absence of viruses or elements in the contents, which may cause alterations in the software or hardware of users or persons visiting the page, so it will not be liable for damages of any nature that may arise from them.
Protection of personal data
You can consult the privacy policy on this page.
Prohibited Conduct
In connection with your use of the website, you agree to comply with all local, national and international laws and not to permit or facilitate any third party to violate or infringe the rights (including without limitation copyright, rights of publicity or privacy, trade dress and trademarks) of others, our policies or the operating mechanisms or security of the service, and without limiting the foregoing YOU MAY NOT:
- Use computer programs, devices, robots or other manual or automatic means or processes in order to access, extract, collect or analyze content from our website or other service hosted on the website or in the content;
- Interfere with or damage our website, including without limitation, its performance through the use of viruses, cancel bots, Trojan horses, malicious code, packet invasion, denial of service attacks, packet or IP spoofing, spoofed routes or email address information or similar methods or technology that arise in the future.
- Use our messaging services to send unsolicited commercial email ('Spam') or advertisements unrelated to hosting at a particular residence.
- Use our messaging services to send harassing messages or commit a criminal offense through our messaging services.
- Registering and using the web impersonating the identity of a third person.
- Acts against public order, criminal investigation, public safety and national defense.
- Acts that undermine public health or the health of natural persons.
- Acts that violate the dignity of the person and the principle of non-discrimination on grounds of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance.
- Acts that violate the protection of youth and children.
- Acts that infringe the intellectual property rights of third parties.
- You may not decrypt, decompile, disassemble or reverse engineer any software used to provide the Website and the Services contained therein, test the vulnerability of any LIVE4LIFE system or network, or breach any security or authentication measures.
Intellectual Property Rights
All the contents of the website are protected by the Intellectual and Industrial Property regulations, in particular by RDL 1/96 of April 12 which approves the Revised Text of the Intellectual Property Law and by the Trademark Law 17/2001 of December 7. The rights to the contents belong to LIVE4LIFE or, where appropriate, to third parties. Under no circumstances does access to our web page imply assignment, transmission or any other type of waiver, either total or partial, of the Intellectual or Industrial Property rights.
The user who accesses our website may only view and obtain a private copy of the contents as long as said copy is solely and exclusively for personal and private use; its use for commercial purposes is strictly prohibited. The user of the website must refrain from deleting, altering, evading or manipulating any protection device or security systems that may be installed in it.
The unauthorized use of the materials and information contained in the Website may involve the violation of intellectual or industrial property legislation and other applicable regulations. LIVE4LIFE therefore reserves the right to prosecute any infringement of its intellectual and industrial property rights.
Applicable law and jurisdiction
This contract is governed by Spanish law. In case of any dispute that may arise between the parties with respect to its validity, performance or termination, the Spanish Courts and Tribunals of Valencia (capital) shall have jurisdiction.
