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.
1.4 Livincolombia does not authorize anyone to register with this site unless they are able to enter into legally binding contracts.
1.5 Livincolombia may revise these Guest 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 Guest Ts&Cs because they are binding on you. Livincolombia will not keep previous versions of the Terms and Conditions, so we recommend that you save a copy or print these Terms and Conditions.
2.1 This Site is a venue where Guests can view advertising of, and obtain information about, vacation properties offered for rent (“ Accommodations ”) by others, including property owners, lessees and managers, (each, an “ Owner ” and collectively with a Guest, the ‘ users ’). We may also offer online booking or other tools or services to allow users 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 a 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, lodgings or any other accommodation of any kind.
3.1 Livincolombia does not confirm any user's purported identity. You are responsible for determining the identity and suitability of Owners 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 Owners through the tools available on the Site and to review the profile pages for feedback from other users. If Guests suspect that the Owner has supplied false information, they are invited to notify Livincolombia through the contact form.
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 or 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.
4.1 Owners are entirely responsible for all of the information, including images, text and other content, relating to the Accommodations they offer (“ Listings ”), for updating them and ensuring (where relevant) that they are correctly translated. Thus, where a listing is linked to an automated translation facility, such as Microsoft Translator, Google translator, or Gengo, it is the Owners responsibility to ensure that the resulting translation is accurate, and to correct any deficiencies in it.
4.2 Messages sent using the Livincolombia system are available for review by the person to whom it was initially addressed and to a limited number of Livincolombia customer service employees, who may be asked by Owners or others for their past enquiry information. Livincolombia also monitor messages from time to time which are sent using our platforms. Livincolombia may, from time to time, use third party e-mail servers to send and track receipt of the enquiry emails, and analyse the pattern of enquiry usage reported by these third party tracking systems. Our system does not hold messages indefinitely and they may not be accessible after the message has been delivered to you.
Please print a copy of any message which is important to you – for example a payment receipt or a booking confirmation.
4.3 Livincolombia has no responsibility for, or involvement in, the communications between the Owner and Guest.
5.1 Should Guests wish to use services available to them on the Site, they could register an account with the Site (an “ Account ”) and become a Member. Livncolombia does not authorize anyone to register with Site unless they are able to enter into legally binding contracts.
5.2 To obtain an Account, a Guest must follow all of the instructions given by Livincolombia during the registration process. A Guest can sign up for an account using a personal email address. We will create your Account and your profile page based upon the information you provide to us.
5.3 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.
5.4 The Guest’s Account includes information which is made publicly available to other users of the Site and can also be seen by other internet users not registered on the Site, for example, it may show up in Google search engines.
6.1 If you submit a request to book an Accommodation on the Site, the Owner must respond within 24 hours, otherwise the booking is automatically cancelled. Once a Owner has accepted an offer from you to book an 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.
6.2 The agreement between a 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.
7.1 Livincolombia shall use commercially reasonable efforts to ensure that the representations on the site of the photos of the Accommodations that Owners have submitted to Livincolombia are a true and accurate representation of those photos as practicable. However, you acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
7.2 Further, you also acknowledge that Owners – and not Livincolombia – are responsible for the accuracy with which the photos depict the relevant Accommodation.
7.3 Livincolombia may occasionally undertake upgrades and maintenance of the site, its platforms and systems. These works may result in restrictions on the usage. Livincolombia will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when most Guests’ usage is least affected.
7.4 Livincolombia offers a messaging system which may be used by the Owner and Guest for making contact with one another. Completed enquiry contact forms will be forwarded to the email provided by the Owner of the relevant Accommodation. You acknowledge that unauthorized third parties may misuse the system and unlawfully intercept or read messages. Livincolombia is not liable for any such misuse.
7.5 You acknowledge that Livincolombia is not responsible for checking the identity, or for the behavior, of Owners or for establishing the nature, condition or existence of an Accommodation.
7.6 Livincolombia reserves the right to transfer these Guest Ts&Cs, and to assign or subcontract any or all of its rights and obligations under these Guest Ts&Cs, to a third party but will not do so in such a way as to reduce any guarantees you are given under these Guest Ts&Cs.
8.1 All content that appears on this site, and the site itself, is protected by copyright and database rights. Reproduction of the site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
8.2 Guests 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 ”.
8.3 Where a Guest submits to or transmits through the site or Livincolombia’s platform or systems any content of any type, including text or images, the Guest undertakes that he/she 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’).
8.4 To the extent that Guests’ reviews or other content may contain trademarks or other proprietary names or marks, Guests undertake that they have the right to do so.
8.5 By submitting reviews to the site, Guests authorize Livincolombia to use them both on the site and in separately published form.
9.1 Guests must provide only accurate and truthful information concerning their identity in their Accounts and profile pages, and any other communications on the Site, including reviews of Accommodations.
9.2 Guests are required to keep their Account login details secret and not to pass them on to third parties or allow them to be used to provide shared access, for example over a network. Guests should use a password which is unique to their use of the Site – they must not use the same password as is used for another site. Livincolombia will never ask Guests to disclose these details. If you are contacted by third parties and asked for Account login details, under no circumstances should you impart any of those details, but must immediately notify Livincolombia of the occurrence through the contact form. In addition, should you notice that your account is being used by an unauthorized third party, you should immediately report the matter to Livincolombia through the contact form and change their password.
9.3 Messages sent via Livincolombia’s systems should only relate to genuine booking enquiries. 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. E-mails and site recommendations transmitted via the “Recommend this site” or “send to a friend” function should only be sent with the recipient’s consent. 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.
9.4 Guests may post their 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”). Guest Reviews must comply with the following eligibility requirements:
9.5 Please note that Livincolombia does not, and realistically does not have the ability to, verify the accuracy or otherwise of Guest Reviews or Owner Responses.
9.6 Livincolombia nevertheless requires all Guest Reviews, OwnerResponses and other communications using Livincolombia’s systems to conform to the Guest Ts&Cs, and may decline to post any of them that Livincolombia finds do not comply.
9.7 In the event that any Guest Review appears on the site but fails to conform to the Guest Ts&Cs, then without prejudice to any other available remedies, Livincolombia shall be entitled immediately to remove from the site the relevant non-conforming Guest Review.
You agree to indemnify and hold Livincolombia and its affiliates harmless against any claims by third parties brought against Livincolombia or any Livincolombia Affiliate arising out of or in connection with: (a) any material or content you provide to the Site; (b) your use of any content on the Site; or (c) any breach by you of these Guest Ts&Cs. Livincolombia will provide notice to you promptly of any such claims.
The Guest shall not directly or indirectly:
a. 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;
b. Monitor content on the site or Livincolombia’s platform or systems 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 vacation 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;ç
c. Use the site or Livincolombia’s platform or systems for purposes other than those referred to in these Guest Ts&Cs;
d. 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;
e. 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;
f. Upload or send to the site or Livincolombia’s platform or systems any contents or programs, which on account of their size or nature, might damage Livincolombia’s computers or networks;
g. Include content on the site or Livincolombia’s platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;
h. 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);
i. 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;
j. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
k. Post or transmit any content that:
l. refer to Livincolombia or any Livincolombia Affiliate in any way that might lead someone to believe that the Guest or any website is sponsored by, affiliated with, or endorsed by Livincolombia or any Livincolombia Affiliate.
Guests are responsible for ensuring that their communications, and content posted, through or in connection with the site, including Guest Reviews and communications with Owners, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright or data protection law. Livincolombia may monitor any data on the Site or Livincolombia’s platform or systems and delete it or alter it when it is no longer accurate or up-to-date. Without prejudice to any other available remedies, Livincolombia shall be entitled immediately to remove from the site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account.
13.1 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.
14.1 Livincolombia facilitates the payment of Accommodation price, Owner fees and Guest Fees.
14.2 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 selected by the user.
14.3 Payments may be subject to foreign currency processing costs, which are not refundable.
14.4 Payment. If you, as a Guest, find a Listing you wish to reserve, you will be asked to your billing information (billing address, full name and ID) and you will make the payment using any of the following means:
The funds will be held by Livnicolombia until you arrive, and shortly after, will be released to the Owner, after deduction of Livincolombia's service charges.
14.5 Cancellation and Refunds. If you, as a Guest, cancel your reservation, Livincolombia will return the funds to you in accordance with the applicable cancellation and refund policy. Livincolombia provides Owners with a selection of cancellation and refund policies, from which Owners will select one for each of their Listings.
If you have made one or more reservations is considered that you cancel a reservation when:
If a Owner cancel your booking, Livincolombia will reimburse you 100% (one hundred percent) of the amount paid. If you as a guest has made more than one reservation and any owenr cancels one or more of your bookings. Livincolombia will reimburse 100% of the reservations that were canceled.
Livincolombia will not be liable for any damages, losses, direct or indirect or consequential costs of these cancellations.
To cancel a reservation and request a refund you must send an email to email@example.com notifying the cancellation. The date of receipt of the mail will be the date of cancellation of the booking. The cancellation email must be sent from the email registered on the reservation.
14.6 Cancellation and refund because of ownerfailure 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 owner also promises to deliver the guest accommodation in good living conditions and cleaning conditions.
If you 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. You 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 his nonconformity or if the reimbursement is made according to the refund policy of the accommodation.
Once you start using the accommodation you can only request the reimbursement “because of owner failure to comply” within 12 hours after you started using the accommodation. To request reimbursement “because of owner failure to comply must send an email to firstname.lastname@example.org or communicate to the lines of customer service.
14.7 If you have made payments using by credit card, Livincolombia will refund directly to the credit card you registered. If your payment was made by bank transfer or cash. You should include in the cancellation email the banking information for reimbursement.
Livincolombia will only make reimbursements using any of the above means within 72 working hours. Livincolombia is not responsible of the time it takes to get the refund to your bank or your credit card after refund issuance by Livincolombia. (Eg. some reimbursements, especially credit cards can take up to fifteen business days to reach the Card member after issuance).
14.8 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.
14.9 Damages. As a Guest, you are responsible for leaving the Accommodation in the condition that it was handed over to you. In the event that a Owner claims otherwise and provides evidence of damage and/or loss, including but not limited to photographs and/or signed acknowledgments, you agree to pay the cost of replacing the damaged and/or lost items with equivalent items. If you do not remit payment, the Owner will be entitled and may take such action against you directly as the Owner may deem appropriate.
You will be responsible for the correct and decent behavior of all persons you travel with, according to the rules of accommodation and co-ownership or housing unit where it is located. If you, or anyone else to come with you, do not respect the rules of behavior and required in the accommodation, the owner has the right to ask you to leave the accommodation and you will not be entitled to claim any compensation or refund.
14.10 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 ownermakes 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.
Livincolombia is not an agent or representative of any User, whether a Owner or a Guest. All agreements, transactions and other dealings between Users, whether as Owner, 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.
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.
17.1 Messages are to be sent using the contact form or by ordinary post to Livincolombia Cra 35 A no. 3-55 oficina Livincolombia, Cali, Colombia.
In no event will Livincolombia be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site or Livincolombia platform or systems, any materials or content you submit to the Site, and your use of the Site and/or any transaction between users, even if Livincolombia has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the site or Livincolombia platform or systems, you do not agree with any part of these Guest Ts&Cs, then your sole and exclusive remedy against Livincolombia is to discontinue using the site. Nothing in these Guest Ts&Cs shall exclude or restrict Livnicolombia’s liability for death or personal injury resulting from its negligence; nor for Livincolombia fraud or fraudulent misrepresentation.
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 email@example.com. Your report does not require us to take any action except as required by applicable law.
These Terms are governed by Colombia law You hereby irrevocably submit to the exclusive jurisdiction of the Colombian courts.
21.2 Livincolombia recommends that you save your own copy of these Guest Ts&Cs in a separate file on your device or in print-out form.
21.3 Livincolombia failure to act with respect to a breach of these Guest Ts&Cs by the Guest or others does not waive Livincolombia’s right to act with respect to subsequent or similar breaches.
21.4 The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Guest Ts&Cs.
21.5 The invalidity of one or more provisions of these Guest Ts&Cs shall not affect the validity of the other provisions.