1. Leavy.co: Enhancing mobility and Promoting International Diversity
- Leavy.co is provided by Leavy.
- Leavy is a simplified stock company with a share capital of 21,468 euros, registered under the Commercial Register of Paris, under number 827 970 419, with a registered address at: 52 rue de la Verrerie 75004 Paris, France.
- Leavy aims at providing its users with a social marketplace. Following this framework, users can travel to different cities while taking advantage of other users' flats using the social network; start their getaway with extra cash by offering their apartment to other users on the flats rental section of the platform; and provide many other useful services to the community using the HOD services section of the platform. Therefore, Leavy.co's social marketplace enables users to make money while traveling and living new experiences, by - among other services - making their flats available on the platform, welcoming travellers and sharing local tips as a city ambassador on the social network.
- Leavy is also: an online marketplace that enables registered users and certain third parties who offer services (to publish such Services on Leavy.co and to communicate and transact directly with Users that are seeking to book such Services. Services may include the offering of vacation or other properties for use single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
- As the provider of the Leavy.co Platform, Leavy does not own, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Services, nor is Leavy an organiser or retailer of travel packages under Directive (EU) 2015/2302. Users alone are responsible for their Listings and or Services. When user make or accept a booking, they are entering into a contract directly with each other. Leavy is not and does not become a party to or other participant in any contractual relationship between Users, nor is Leavy a real estate broker or insurer. Leavy is not acting as an agent in any capacity for any user.
- The Leavy.co environment (Definitions):
- "Buyer" refers to the User who buys a product or a service offered by a Seller on Leavy Store.
- "Application" refers to the Leavy.co website (accessible at https://leavy.co/) and the "Leavy.co" mobile application (available on the App Store and Google Play), both of which are operated by Leavy.
- "Leavy Coin" refers to the loyalty points awarded to Users of leavy.co, allowing them to convert these points into discounts on the price of the services offered on Leavy Store. Each User may be awarded Leavy Coins that will be registered into his individual account of "Leavy Coins". The Leavy Coins can only be used on Leavy.co and cannot be refunded or converted into currency. A Leavy Coin is never issued on receipt of funds and does not represent a financial claim on Leavy.
- "Leavy.co" refers to the Leavy.co social network on which Users can publish content, recommend services, connect with other Users, and share their experiences. Leavy.co directly integrates the Leavy Store marketplace into its network as well as Leavy.co Platform.
- "Leavy.co Platform" refers to the Leavy's platform for flat rental management, which is used to rent flats and to provide rent-related services.
- "Leavy Pay" refers to a service of the Application allowing the Buyer to pay, via his User account, the catering services and other services offered by a Partner on the Application.
- "Leavy Store" refers to the marketplace present on Leavy.co allowing Buyers and Sellers or Partners to enter into a relationship for the provision of products and services (sale of airline tickets and experiences) provided by the Sellers or Partners to Buyers.
- "Partner" refers to any professional partner referenced as such on Leavy.co and having signed a referencing or affiliation agreement with Leavy in order to offer products and services (sale of airline tickets and experiences) to Users who can order them via Leavy Pay and Leavy Store.
- "User" refers to any person who has registered and opened a User account on Leavy.co in accordance with these TOU via the Application allowing him/her to use Leavy.co and to access Leavy Store and Leavy.co Platform.
- "Seller" means the User who sells a product or a service online on Leavy Store.
2. To whom do these General TOU apply?
- These TOU are intended for Users of Leavy.co wishing to share their experiences with other Users on the Application, as (i) a simple User using the social network, (ii) a Buyer User of products and services of Partners on Leavy Store, (iii) a specific Seller User offering services, (iv) or a Leavy.co Platform User.
- Opening a User account on Leavy.co: Users must register on Leavy.co via the Application by creating a User account (in accordance with the registration procedure described in Section 3) to become "User" within the meaning of these TOU.
- Affiliation of the Sellers and referencing of the Partners: the SC applicable to the referencing and affiliation of the Seller and the definition of the relationship between Leavy and the Seller as well as between Leavy and the Partners are defined in a separate contract from the present TOU.
- Scope: the purpose of these TOU is solely to define the relationships, rights and obligations of Leavy and the Users in connection with the access to end use of the Application on French territory. The specific conditions for the use of Leavy.co in other countries are described in the local versions of the TOU available on the Leavy websites in those relevant countries.
- Entry into force and duration: the TOU come into effect from the date of their acceptance by the User at the beginning of the registration procedure. The relationship between Leavy and the Users is governed by the TOU as long as the latter use Leavy.co.
- Opposability and modification: the User accepts the TOU when opening his account. In accordance with the provisions of Article 1127-1 of the Civil Code, these TOU may be kept by any person, by means of a computer record, and may be downloaded and printed. Leavy reserves the right to modify the TOU. If Leavy modifies the TOU, Leavy will publish on the Application the modified version of the TOU which will contain the date of its update at the top of the document. Leavy will also send a notification to the User to inform him/her of the changes, within eight (8) days before the effective date. The User may refuse to be bound by these new conditions within the aforementioned period and terminate his contract with Leavy with immediate effect by writing to the following address: firstname.lastname@example.org. If the User does not terminate his contract before the effective date of the new conditions and continues to use Leavy.co, he will be deemed to have accepted the modified TOU. The version of the TOU that prevails is the version that is accessible online at the time of use of the Application.
- TOU content: these TOU incorporate (i) the Leavy Store SC applicable to Buyers ("SC Buyers"), which are accessible in the second part of this document, (ii) and the SC applicable to the use of Leavy.co Platform ("SC Leavy.co Platform"), which are accessible in the third part of this document. The TOUs, the SC Buyers, and the SC Leavy.co Platform constitute the contract between Leavy and the User, once these TOU are accepted by the latter (in Step 1 of the registration procedure).
3. How to open an account on Leavy.co?
Before registering: what are the prerequisites?
- I certify that I am over 15 years old;
- My User account has not been deactivated by Leavy for non-compliance with these TOU, the SC or other Leavy TOU or ToS.
What are the different steps to register?
- Step 1: Read and accept the TOU and SC that are accessible by hypertext links on the pages of the Application. It is recommended that each user carefully read the TOU and the SC and download and print them in order to keep a copy;
- Step 2: Create a User account on the section dedicated to Users in the Application, by filling in the required fields of the registration form and choosing a secure password of 6 to 8 characters, including at least one capital letter and a number.
What are the necessary updates after registration?
- Update regarding personal data if necessary: Each User can update his/her personal data through his/her User account. It is the User's duty to update his/her personal data on the Application as soon as it is no longer accurate. The User guarantees Leavy against any consequences resulting from false, incomplete, or inaccurate declaration. Leavy reserves the right to terminate the Agreement with the User and to close his/her account if the change in the conditions of the Flat prevents him/her from continuing the contractual relationship with the User.
- Update of the TOU and SC: the TOU and the SC can be modified periodically and at any time by Leavy with short notice. The User shall read the TOU and SC for each service and must accept the corresponding TOU at the time he/she creates an account on the Application, accesses the Application, orders products and services on Leavy Store or wishes to benefit from the services of Leavy.co Platform in order to acknowledge the applicable terms.
4. What are Leavy's commitments?
Leavy.co includes all Leavy features, services, technologies and software made available to Users in order to fulfill the functions of Leavy.co; i.e. to allow Users to share their travel ideas and experiences, their recommendations and their associated offers.
The Service includes the following elements (the "Service"):
- Help you get closer to what you love: each User is different. Leavy's goal is to bring Users together through shared experiences that matter to them. Therefore, Leavy develops technologies to analyze Users interactions on Leavy to help determine which Users and interests matter to each community User, and to help them create, find and share travel experiences that matter to them.
- Allow the sale of products and services between Sellers and Buyers on Leavy Store: Leavy allows Sellers to offer their products and / or services on Leavy Store. While Leavy, as a host, facilitates transactions on the Leavy Store Marketplace, Leavy is neither the buyer nor the seller of the Sellers' products. Leavy is only committed to providing a meeting place where Buyers and Sellers complete and finalize their transactions. As a consequence, for each sale or provision of services, a contract for the sale or the provision or services will be formed solely between the Buyer and the Seller. Leavy is not a party to such contract and bears no liability arising from such contract. For this purpose, the Specific Conditions of Sale must first be read and approved by any User wishing to buy on Leavy Store.
- Help you rent out your home while traveling at peace: The Leavy.co Platform integrated platform allows you to rent your home while you're away, while benefiting from management services provided by Host-on-Demand.
- While we may help facilitate the resolution of disputes, Leavy.co has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Happy Leaver Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other User Content (as defined below), or (iii) the performance or conduct of any User or third party. Leavy.co does not endorse any User, products or services. Any references to a User being "verified" (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Leavy.co about any User, including of the User identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Happy Leaver Services, accept a booking request from a Guest, or communicate and interact with other Users, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a product at the time the photograph was taken, and are therefore not an endorsement by Leavy.co of any Happy Leaver or product.
5. What are the User's commitments?
- Users must:
- Comply with these TOU and the SC , and other services to which they have subscribed;
- Respect the intellectual property rights of Leavy, of the Application and of all the elements that compose it, not reproduce, exploit, in any form and by whatever means, the elements composing the Application and the contents published or posted on the Application, of which it would not hold the rights;
- Use the Application in compliance with the applicable regulations.
- Prohibited activities: in the absence of prior written authorization from Leavy, it is prohibited to User and it shall refrain from:
- Impersonating another User or a third party;
- Provide or insert false, inaccurate or irrelevant information about Leavy.co when registering for or using the service;
- To post or transmit on or through Leavy.co any unlawful, threatening, humiliating, defamatory, obscene, hateful, pornographic or blasphemous content, or any other message that may constitute a criminal offense or that it or Leavy may be held liable for, to violate or encourage violation to applicable law, or to publish or transmit contents that could be used for any purpose contrary to the applicable laws and regulations or to these TOU;
- Use Leavy.co in a manner that adversely affects the performance or functionalities of the Application, any other computer system or any network used by Leavy or other Users;
- Load or transmit on Leavy.co or use any equipment, software or routine that contains viruses, trojans or other programs and processes intended to damage, interfere or attempt to interfere with the normal operation of the Application, or to appropriate Leavy.co, or to resort to any means likely to cause a saturation of the systems or to infringe the rights of third parties;
- Download, extract or reuse all or part of the data contained on Leavy.co;
- It is recalled that Articles 323-1 seq. of the Criminal Code impose penalties of up to five (5) years imprisonment and a fine of one hundred and fifty thousand (150,000) euros, including: fraudulent access and maintenance in an automated data processing system; fraudulent deletion, modification or addition of data in such a system; or hindering this system.
- Security and confidentiality: the username and password of each User is unique and personal to this User. It must not be disclosed to third parties. Any use of Leavy.co with the username and password of a User will be deemed to have been made by the said User. In case of disclosure of his username and password, the User must contact Leavy at the earliest possibility at the following address email@example.com in order to deactivate them without delay . The User shall also change his password regularly.
- Liability: except where Leavy is solely responsible (e.g., pursuant to Section 6. I. 2. of Act No. 2004-575 of 21 June 2004 known as LCEN) , the User will be solely responsible for the consequences resulting from the opening of a User account and the use of the Application, in particular any lawsuit, claim and / or financial penalty formed or pronounced against Leavy, resulting from a use contrary to TOU and SC by the User. The User is responsible for the contents, information and opinions that it publishes on the Application and Leavy will not be responsible or likely to be prosecuted for the contents and opinions published or posted by Users on the Application, or errors, mistakes or omissions of Users in the context of such publications. Leavy will not be held responsible for the contents and opinions published or posted by Users on the Application. As soon as Leavy becomes aware of any content or opinion published or posted on the Application that infringe the provisions of these TOU, it reserves the right to delete, without delay and without notice or formal notice, such content or opinion. Leavy or the User will not be held liable in cases of force majeure, as defined by French case law. In the event of force majeure, the performance of the obligations of each party affected by force majeure is suspended. If the event that force majeure continues to affect the performance of the obligations of a party for more than (1) one month, the latter may terminate ipso jure and with immediate effect the contract covered by these TOU.
6. Accessibility of Leavy.co
- Access: access to the Leavy.co User account is via the Application and requires Users to have a valid e-mail address, necessary equipment and software and access to the Internet. Users must ensure and are solely responsible for the proper operation and maintenance of IT and telecommunication equipment and resources allowing access to Leavy.co. They will bear the respective costs, including telecommunications charges when accessing the Internet for the use of Leavy.co. Leavy.co will not be held responsible for an impossibility of access or a malfunction of the Application that would result from the inadequacy of the equipment, software or Internet access of a User;
- Availability: Leavy is committed to use its reasonable endeavors to ensure that Leavy.co is accessible 24/7. However, Leavy makes no commitment with regards to the availability and ongoing accessibility of the User Account, and does not guarantee that Leavy.co is error-free;
- Technical hazards: the User expressly acknowledges by these TOU to be aware of the technical hazards that may affect the Application, as well as the Internet and may cause delays or unavailable connection or access to the Application. Leavy may also be required to temporarily suspend access to the Application, including for technical maintenance purposes. Leavy.co will not incur any liability whatsoever for such unavailability, interruptions, disruption of access to the Application or the Internet.
7. Intellectual Property
- Leavy’s Intellectual Property: Leavy holds all the intellectual property rights relating to the website. This includes the Leavy brand, the Leavy logo, the architecture and layout of the Application, and its content. Any content not posted by the User, including any data, functionality, text, names, designations, images, photographs, graphics, brands, sounds, is the exclusive property of Leavy. Unless expressly stated otherwise, these TOU cannot be in any way interpreted as operating a transfer or the granting of a license of any of Leavy's rights.
- Rights of Use: Leavy hereby grants the User a personal, non-exclusive, temporary, non-transferable and limited right and free access to the elements of the Application protected by intellectual property rights, valid for the duration of use by the User of Leavy.co, and for the whole world. None of these elements may be downloaded, copied, reproduced, modified, deleted, distributed, transmitted, broadcast, sold, rented, licensed or otherwise exploited in any way whatsoever without Leavy's express, prior written consent.
- Database: is expressly prohibited the downloading, the extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of the Leavy database on another medium, by any means and in any form whatever.
- Users content: in the event that the Users publish any content on Leavy.co, they grant, free of charge, to Leavy, during the term of protection of the rights concerned, a license to use and reproduce such content worldwide, on any support, for any purposes and for the legal term of protection of the intellectual property rights in question. This license gives Leavy the right to use, represent, display, reproduce, broadcast, publish, distribute, modify the format or create derivative works from such content.
Each User who publishes content on the Application declares and acknowledges that it has previously obtained the express consent of all rights holders on the products, images and contents reproduced or published on the Application, regardless of the support (website, mobile application or any other digital support) and warrants Leavy against any claim or action for liability or any claim for infringement to the image or intellectual property rights of third parties and undertakes to support all damages, costs and expenses of any kind that may be charged to Leavy in connection with such claims or actions.
- Links to third party websites: Leavy.co may display hypertext links redirecting the User to websites and / or third party applications. The User is informed that Leavy has no control over the content of these websites and applications as well as the processing of the User's personal data that third parties are likely to implement. Leavy cannot therefore be held liable for the content on these websites and applications and the processing of personal data possibly implemented by third parties.
8. Protection of personal data
- Processing: Leavy may process personal data from its Users via Leavy.co. Leavy strives to protect information from its Users, while allowing its Users to keep control of it.
9. Suspend or delete an account
- By Leavy : where the User does not comply with these TOU, in particular by not providing the information required for the proper use of Leavy.co and / or by committing any breach of applicable laws and regulations, Leavy shall be entitled to suspend or to close the User's account, and refuse him/her, in the future, access to all or part of the Application and its features, without prejudice to any damages that Leavy would be entitled to claim. The closure of the User account will be effective two (2) days after having informed the User by e-mail.
- By the User: the User can close his/her account at any time via his/her User account, by clicking on "Delete my account".
To the maximum extent permitted by applicable law, you agree to release, defend (at Leavy’s option), indemnify, and hold Leavy and its affiliates and subsidiaries, including but not limited to, Leavy Payment Services, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Leavy.co Platform or any Leavy Services, (iii) your interaction with any User, stay at a Property, participation in an Experience, Event or other service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Leavy’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
Leavy reserves the right to undertake any legal actions alongside with any request to pay damages against any of its users who may have used fraudulently or negligently any of Leavy’s features as defined above or any use which is against Leavy’s activity.
11. Applicable Law and Jurisdiction
- Applicable law: these TOU are written and interpreted in accordance with French law.
- Jurisdiction: except where the User is considered a consumer within the meaning of the preliminary article of the Consumer Code, any dispute relating to the conclusion, interpretation, execution and / or termination of the TOU will be subject to the exclusive jurisdiction of the Paris courts, regardless of the nature of the proceedings initiated, including in the case of plurality of defendants. The User having the quality of consumer can freely apply for mediation for any contractual dispute provided it has previously introduced a claim with Leavy which did not make it possible to settle the dispute. A list of accredited mediators is available on the consumer mediation website accessible at the following address: http://www.economie.gouv.fr/mediation-conso.
SPECIFIC CONDITIONS OF SALE APPLICABLE TO THE BUYERS
The following SC are only applicable if the User decides to become a Buyer on the Leavy Store and buys products or services via Leavy Store.
Leavy makes available to the Buyers the marketplace Leavy Store. Leavy store connects Buyers and Sellers in the context of the provision of products and / or services offered by Sellers or Partners to Buyers.
The Buyer acknowledges and agrees that in the context of Leavy Store, Leavy will act as a mere intermediary by referencing and presenting the products and / or services offered by Sellers and Partners on Leavy Store.
The Buyer acknowledges and agrees that the products and services offered on Leavy Store are offered exclusively in the name and on behalf of the Sellers or Partners. The purchase of these products and services is governed by the TOU of the Application, the present SC and/or the terms of sale applicable to Partners which must be accepted by the Users before placing an order.
The Buyer acknowledges and agrees that the contract for the sale or the provision of services with the Seller or the Partner selected by the Buyer User itself will be concluded directly between him and the Seller or the Partner.
1. How to buy products on Leavy Store?
- Which products are available on Leavy Store? The User may purchase various products and / or services offered by Sellers on Leavy Store, including many activities as well as air tickets and other services. In the context of booking airline tickets, the Buyer understands that this service is provided by our partner Kiwi.com. The Buyer acknowledges and agrees that Leavy will act in this case as a mere intermediary by referencing and presenting the airline tickets offered by our Partner on Leavy Store.
- Step 1: Log in to his User account. In order to make a purchase, the User must be registered on Leavy.co following the procedure detailed in Section 3 of the TOU.
- Step 2: The selection of a product or a service. If the Buyer wishes to buy products and services offered on Leavy Store by a Seller, he/she must select the good and / or the service in question and click on "Next". The conditions applicable to the prices of products and services are specified in Section 3 of these SC.
- Step 3: The summary page of the productor the service selected. At the end of his/her selection of products or services, the Buyer will be redirected to a page summarizing the details of the product(s) or the service(s) he/she has selected, the price, the options relating to the product or the service offered as well as information about the Seller. The price of products and services sold on Leavy Store is indicated per article and includes all taxes. At the time of validation of the order, the price to be paid is therefore the all-inclusive price. The Buyer must then ensure that all the summarized information relating to his/her purchase are valid before confirming his order by clicking on the "Purchase" button.
- Step 4: The choice of payment method. The Buyer may pay via Leavy Pay with the payment methods available on Leavy and defined in Section 2 of these SC.
- Step 5: The purchase button. The Buyer is informed that the purchase button commits him to pay the product and / or the service to the Seller. The Buyer must click on this button to confirm and place his order for products and / or services after having accepted the contractual conditions applicable to his/her purchase. At the end of this operation, the contract is validly concluded with the Seller or the selected Partner with whom the order will be placed. The Buyer has the right to exercise his/her right of withdrawal with the Seller or Partner under the conditions specified in Section 5 of these SC.
- Step 6. The payment. By clicking on the purchase button, the Buyer pays his/her order. The payment is made according to the methods defined in Section 2 of these SC.
- Step 7: The products and / or services purchase confirmation. Once the Buyer has placed his order for a product and / or a service with the Seller, the Seller will send a confirmation message to the Buyer. The confirmation message will be sent via the communication box on the User account but also on the email address of the Buyer provided at the time of registration with Leavy.co. Electronic invoices will be made available to the Buyer in .pdf format on the User account.
2. How to make a payment?
- The payment of products and services on Leavy Store is made via Leavy Pay, by credit or debit card ("Bank Card"). Leavy Pay is a service allowing the User to pay a Partner using his/her Leavy account. The following credit cards are accepted: “Bank Card”, “VISA”, “EuroCard”, “MasterCard”, “American Express”.
- Payment is made via Leavy Pay, by communicating the Buyer's Credit Card number, using the secure third-party payment system provided by Stripe, Leavy's partner payment service provider. The transaction is immediately charged on the Buyer's Credit Card after verification of the data of the latter, upon receipt of the debit authorization from the company issuing the Bank Card used by the Buyer.
- The Buyer acknowledges and agrees that he/she will be asked to provide the details of his/her Bank Card to pay for his/her purchases. As part of the payment transaction, the following information will be verified: (1) the Cardholder, (2) the validity of the Bank Card and (3) the availability of funds on the Bank Card (confirmed by the bank that provided the Buyer's Bank Card). In order to ensure the security of transactions and Buyers, Leavy - via its payment service provider - reserves the right to suspend or block any order or payment (i) that violates the terms of these SC, (ii) that appears to be irregular, incomplete or fraudulent or does not provide all the necessary guarantees in terms of security of online payments. In this case, an e-mail will be sent to the e-mail address provided by the Buyer when he/she subscribed to Leavy Store or when he/she placed an order to inform him/her of the situation and invite him/her to make a complete and valid payment. For any inquiry or complaint, the Buyer can contact Leavy at firstname.lastname@example.org.
- The Buyer acknowledges and agrees that the secure third party payment system Stripe will be solely responsible for any damages that may occur during the payment on Leavy Store, and that would not be caused by a Leavy security breach.
- The Buyer is informed that in connection with the purchase of certain services on Leavy Store, and in particular the combined offers made available by the Partners, these offers are provided at a global price on Leavy Store and may be subject to fractioning corresponding to the amount of each of the services provided by the partners and / or the price of the services and costs necessary for the processing of the Buyer's order. In this case, the Buyer will be notified of any fractioning in the email confirmation for the order. Moreover, the Buyer acknowledges and agrees, on the one hand, that certain banks or issuers of Bank Cards charge a fee for international transactions and, on the other hand, that a purchase made internationally may be subject to currency exchange fees, related to the conversion of the amount paid in the currency of the country of the Seller of product or service into the Buyer's local currency.
- Global partners are connected to Leavy App through API. Leavy members will have access to their supply and will be able to book it. Leavy will get a commission each time a Leavy user books a Global Partner product or service.
- Leavy provides the Local Partner with a web application that allows him to generate a QR code ("QR Code") based on a given amount. Once this QR Code is flashed, when the transaction is successful, the User is rewarded with an amount of Leavy Coins. When paying for products or services on Leavy Store, the Leavy Coins registered in the User's account of the Application may be used by the latter in order to obtain a discount on the price of products and / or services offered for sale by Leavy or its Partners. The User must then indicate the number of Leavy Coins he wishes to use for each purchase. Information on Leavy Coins is provided in Section 4 of these SC.
3. What are the prices of products and services and the fees that may apply to your purchases?
- The prices of products and services are set by the Sellers and Partners and are displayed on Leavy Store in euros or in the local currency of the Seller or Partner. They generally include all fees, costs and related taxes. The fees, costs and taxes correspond to the fees, costs and taxes relating to the service ordered by the User, borne by the Sellers and Partners, including VAT, other taxes or similar fees and other costs necessary for the execution of the User's Order, except delivery charges which, unless expressly stated otherwise, are subject to separate pricing.
- The User is informed that certain taxes or additional charges (such as tourist tax, other tourist taxes issued by the competent authorities in certain countries) may be added to the price of the product or service. The price of visas formalities or any other administrative formalities imposed in the country visited are also not included or indicated in the presentation of the prices of products and services of the Sellers and Partners. In addition, unless expressly stated otherwise, all prices for products and services shown on Leavy Store are prices without insurance. If the Buyer wishes to subscribe separately to an insurance policy covering, in particular, the cancellation of order, or the repatriation or the consequences due to illness and accident in connection with the purchase of transport tickets, he/she may subscribe separately to one or more insurance policies proposed by Partners on the Application.
- Sellers and Partners may revise the prices of products and services offered on Leavy Store. Such revisions may include changes in the amount of taxes and foreign exchange rates or the price of fuel. In case of variation of the aforementioned elements, the price of products and services may be revised upwards as well as downwards.
- The Buyer bears all currency exchange and conversion fees, and must pay the fees incurred by the Seller to deliver the order to the delivery address specified by the Buyer, which also includes customs fees for the delivery of products.
- The VAT, and if applicable other duties and taxes applicable to the sale of the product or service concerned, as specified on the product or service presentation page, apply to the Buyer's purchases and must be paid by the Buyer.
- The amount of fees that may apply to purchases is indicated to the Buyer prior to the validation of the order. Unless expressly stated otherwise, the price of the products and services does not include incidental or personal service expenses from the Buyer, such as modification fees, the fees for extra luggage or excess weight, telephone charges, drinks and pressing, concierge services and use of paid facilities provided to users, as well as vaccination fees, the price of excursions and more generally any service not expressly included in the order confirmation sent to the User. All of these fees and incidental expenses will have to be paid separately by the User to the Seller or Partner according to the accessory services that he/she has ordered.
4. How does Leavy Coins work?
- Nature of the Leavy Coin: The User understands and agrees that Leavy Coins are loyalty points awarded to Users to be used as a discount on the price of purchases made by Users on Leavy Store or with Sellers referenced by Leavy. Leavy Coins are not and shall not be considered virtual or electronic currency.
- Use: The User acknowledges and agrees that his/her Leavy Coins can only be used on Leavy Store and/or with Sellers referenced by Leavy in order to benefit from discounts on the price of products and/or services offered for sale. The User may be required to flash a QR Code with Partners in order to generate the transfer of Leavy Coins to his/her Leavy account.
- Award: Leavy Coins are loyalty points awarded to Users when making purchases on Leavy Store. Whenever a transaction involves a payment on Leavy Store, the User involved in this transaction will receive Leavy Coins that will allow him/her to benefit from discounts on future purchases. Moreover, if the User recommends Leavy to a relative or comments on an experience achieved via the application (e.g., if he/she goes to a Leavy partner restaurant), each comment left on the profile of the restaurant may be rewarded with Leavy Coins.
- Determination of Leavy Coins: The User understands and agrees that Leavy Coins do not have a fixed value. Depending on each type of purchase or commented experience at any given time, a Leavy algorithm determines how many Leavy Coins are awarded to the User. Similarly, the advantage granted to the User when using his Leavy Coins will be automatically calculated by the Leavy algorithm and charged to the purchase price. The number of Leavy Coins that will be allocated varies with each transaction and depending on different Users. The User is informed and agrees that the number of Leavy Coins awarded by this same algorithm will be decreasing according to the number of recommendations posted by a User. As an illustration, without the number of Leavy Coins presented in the example below being a reference, a first recommendation posted by a User may result in the award of 100 Leavy Coins, the second of 90 Leavy Coins, the third of 85 Leavy Coins, etc.
5. What legal warranties apply to your purchases?
- The warranties applicable to the products and / or services purchased on Leavy Store are included directly in the general conditions of sale specific to each Seller. For any question about the warranties relating to products and services offered via Leavy Store, the Buyer also has the possibility - before placing an order - to contact the Seller by writing to the following address: email@example.com.
- The Buyer acknowledges and agrees that the sale of products and services via Leavy Store is only between the Seller and the Buyer. Leavy remains a third party to this sale and it shall not incur any liability in connection to this sale. Therefore, the Buyer must send any complaint concerning the sale to the Seller, via his account, in Profile> My Information > Help.
6. How to exercise your right of withdrawal?
- In accordance with Articles L. 221-18 seq. of the Consumer Code, the Buyer has a right of withdrawal which he/she can exercise directly with the Seller within a period of fourteen (14) calendar days following the date of the receipt or the acquisition of the purchased products. In the event that this period expires on a Saturday, a Sunday or a holiday or bank holiday, the period is extended until the next business day.
- To notify his/her withdrawal decision, the Buyer may use the withdrawal form at the bottom of these SC Buyers, or any other statement unambiguously expressing his/her wish to withdraw, before the expiry date of the withdrawal period and shall address it to the Seller, Customer Service, at the address indicated by the Seller- or by email at firstname.lastname@example.org, or via the contact form available on the Application.
- The Buyer wishing to exercise his/her right of withdrawal must return the products to the Seller no later than the expiry date of the aforementioned 14 days period, in their original packaging, complete, new, with the return voucher. In accordance with Article L. 221-18 of the Consumer Code. The Buyer understands that the right of withdrawal may not be exercised for orders relating to the supply of products manufactured following the Buyer's specifications, or clearly customized for him or her; or for the provision of products or services that are immediately consumable after delivery.
- The refund of the price paid by the Buyer for the item(s) returned will be made, depending on the payment method used for the products, by way of crediting the Buyer's bank account linked to the Bank Card used for payment. In accordance with Article L. 221-24 of the Consumer Code, additional costs paid by the Buyer in relation to his/her choice of a specific delivery method will not be reimbursed (e.g., express delivery).
7. What are Leavy’s commitments?
Leavy wishes all Buyers to feel confident when buying and selling on Leavy Store.
- The User understands and agrees that Leavy acts as a mere intermediary in the relationship between Sellers and Buyers on Leavy Store, and is not a reseller of the products and services offered by the Sellers.
- In this respect, and in application of the Act n ° 2004-575 of 21 June 21 2004 for the confidence in the digital economy (LCEN), Leavy is only committed to promptly make inaccessible the contents made available on Leavy Store by the Sellers after being notified of their unlawfulness in accordance with the conditions provided by the LCEN.
- If the Seller is solely responsible for the processing of claims and customer service related to the products and / or services it sells on Leavy Store, Leavy nevertheless reserves the right to intervene in order to arbitrate in the event that the Seller would not respond to the Buyers' claims.
- When Buyers encounter any problem with a Seller, Leavy encourages Buyers to express their concerns by contacting Leavy at email@example.com.
8. What are the Buyer’s Commitments?
On Leavy Store, the Buyer agrees to:
- Comply with the applicable contractual terms: the Buyer undertakes to comply with the TOU and these SC;
- Comply with laws and regulations: the Buyer agrees to comply with all applicable laws and regulations when accessing and / or using Leavy Store.
- When Buyers do not comply with these SC, Leavy encourages Sellers to express their concerns by contacting Leavy at firstname.lastname@example.org.
- Violations of these SC may result in a series of measures, [to be completed according to Leavy's policy] and the suspension of the User's account, upon seven (7) days notice.
(Please complete and return this form only if you wish to withdraw from the Contract).
- [Seller] - Customer Service, [postal address], or by email at email@example.com, or via the "Contact us by e-mail" form available on the Application.
− I / We [*] hereby notify you of my/our [*] withdrawal from the Contract for the sale of the following Products
− Products____________________ [reference] __________
− Ordered on [*] / received on [*]: ______________
− Name of the consumer (s)
− Address of the consumer (s)
− Signature of the consumer (s) (only in case of notification of this form on paper)Date______________
[*]Please delete as appropriate
These Terms constitute a legally binding agreement ("Agreement") between you and Leavy.co (as defined below) governing your access to and use of the Leavy.co website, including any subdomains thereof, and any other websites through which Leavy.co makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Leavy.co Services"). The Site, Application and Leavy.co Services together are hereinafter collectively referred to as the “Leavy.co Platform”.
When these Terms mention “Leavy.co,” “we,” “us,” or “our,” it refers to the Leavy company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.
Happy Leaver alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their property (as defined below). For example, some cities have laws that restrict their ability to Happy Leaver paying City Explorer for short periods or provide certain services. In many cities, Happy Leaver may have to register, get a permit or obtain a license. Happy Leavers are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any services they offer. Certain types of services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Centre to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and service(s) on Leavy.co, you should always seek legal guidance.
1. Leavy.co Platform: aiming social justice by democratizing mobility
1.1 Leavy.co Platform is provided by Leavy.
(a) Leavy.co platform is: a community and a platform which is used to rent flats and to provide rent-related services.
(b) Leavy.co allows everyone to rent their flat on Leavy.co Platform and earn money, while using their cash revenue to allow themselves to travel all around the world.
(b) As the provider of the Leavy.co Platform, Leavy does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Services, nor is Leavy an organiser or retailer of travel packages under Directive (EU) 2015/2302. Users alone are responsible for their Property and or services. When user/Host-on-Demand make or accept a booking, they are entering into a contract directly with each other. Leavy is not and does not become a party to or other participant in any contractual relationship between Users, nor is Leavy a real estate broker or insurer.
1.2 Leavy.co Platform (Definitions)
- "City Explorer" or "Guest" or "Traveller" or "Occupant" designates the person who rents the Property.
- "Happy Leaver" or “HL” designates the user who wishes to propose his/her property for Rental, through Leavy.co Platform.
- "Host-on-Demand" or “HoD” designates the user (an individual or a company), who wishes to propose his/her/its services in order to undertake the check-in the check-out as well as the cleaning of the property for Rental, through Leavy.co Platform, and any other any Short Term Rental Platform.
- "Rental" designates the letting or sub-letting of the Happy Leaver's Property to the City Explorer.
- "Property" or "Apartment" or "Accommodation" designates a private residential premise provided for Rental by a Happy Leaver, furnished and equipped, in order to welcome City Explorers.
- "Options" designate the options which the Happy Leaver may select via its account, in order to enhance his/her travel experience and the use of his/her Property (ex. handing over the keys, safety of its valuables, etc.).
- "Effective Price" designates the price at which the Property is proposed to the City Explorer via Leavy.co Platform.
- "Guaranteed Revenue" designates the compensation paid in euros to the Happy Leaver, in return for the Rental of the Property and the participation of the Happy Leaver to Leavy’s Community, whether the latter is occupied by a City Explorer or not during the absence period of the Happy Leaver. A first estimate will be conducted through Leavy’s algorithm, and will thus be confirmed later or will be subject to modification communicated to the Happy Leaver after the visit of the Property by Leavy.
2.1 Happy Leaver and Host-on-Demand: The Leavy.co Platform is for all users interested in Leavy.co Platform as a Happy Leaver or Host-on-Demand. The user wishing to become a Happy Leaver has the option to register online by creating an user account (in accordance with the registration procedure described below). Users wishing to become a Host-on-Demand are invited to contact Leavy using the contact information on the "Become a Host-on-Demand" page.
2.2 Modification: Leavy reserves the right to decide whether to modify the ToU. If Leavy modifies the ToU, Leavy shall publish the modified ToU on the Website and its application, with the date of modification on the header screen/document. Leavy undertakes to send an email to all Happy Leavers in order to inform them of the latest modification within thirty (30) days prior the date they come into effect. The Happy Leaver may refuse to be bound by the new conditions within the thirty (30) day time period before mentioned and shall terminate its contract with Leavy with immediate effect and without penalty. If the Happy Leaver fails to communicate his/her position within the thirty (30) day time period, and continues to use Leavy.co Platform, the Happy Leaver shall be considered as having accepted the newly modified ToU. The version of the ToU that prevails is the one accessible online during the use of the platform or in force during any Rental already booked, arranged or underway to a City Explorer through Leavy.co Platform.
3. How to rent a Property with Leavy.co Platform?
Before registering, what are the prerequisites?
3.1 To be a natural person acting as a consumer or a registered company duly represented by a natural person.
3.2 To be of legal age and be legally capable to contract and use Leavy.co Platform in line with the ToU.
3.3 To subscribe to a “Third Party Liability Coverage” including a comprehensive home insurance. This insurance shall cover all damages, and civil liability of tenants and sub-tenants, but also the following guarantees: theft, robbery, fire, storms and other climatic events, breakage, vandalism and legal protection. Leavy may under no circumstances be held liable for any damage made to the Property, within the limits of applicable law.
3.4 To have the right to rent the Property pursuant to applicable laws and notably:
- If the Happy leaver is a tenant, the Property shall not be social housing and the Happy Leaver shall have obtained a written authorization of the landlord to rent his/her Property, taking into account the obligations placed on him/her by his/her tenancy agreement and also the local planning authority or council;
- If the Happy Leaver is a landlord and:
- if the Property is the main residence of the Happy Leaver (e., if the Happy Leaver uses the Property at least eight (8) months per year), it undertakes not to rent its Property for more days per year than is permitted by the Happy Leaver's local planning authority or council (e.g. in London, residents are not allowed to rent their home for longer than a total of 90 nights within a one year period without obtaining planning permission for change of use to do so, unless the rental is over 90 nights consecutively) and obtain any applicable authorization from any such local planning authority or council as required by local laws and from the Happy Leaver's superior landlord where the Happy Leaver's interest in the Property is pursuant to a lease;
- if the Property is the secondary residence of the Happy Leaver, (e., if the Happy Leaver only lives in the Property less than four (4) months per year) it must, if required by the Happy Leaver's local planning authority or council, declare the activity to the competent local authority and obtain any documentation required by such registration when applicable, or send confirmation to Leavy that no such declaration is required. If a change of use of the Property is necessary, the Happy Leaver must provide any authorisation and applicable registration as required by the Happy Leaver's local planning authority or council to proceed and also such authorisation as may be necessary from the Happy Leaver's superior landlord where the Happy Leaver's interest in the Property is pursuant to a lease.
- The Happy Leaver understands and acknowledges that these requirements may be subject to change especially as a result of legislative or regulatory changes. To that extent, Leavy may refuse any Rentals during a certain number of nights per year, in conformity with local applicable legislation. If such a case occurs, Leavy shall inform the Happy Leaver by all appropriate means of all-important developments which may require any modification of the aforementioned prerequisites. Such information shall not replace, in any case, the Happy Leaver's general obligation to keep him/herself informed, regularly, of developments in applicable laws or changes in policy by the Happy Leaver's local planning authority or council as they may apply to short or long-term lets, and to adapt his/her behaviour on Leavy.co Platform accordingly.
What are the different steps?
Step 1: create a Happy Leaver account by filling in the required fields of the registration form and choosing a secure password.
Step 2: complete all corresponding information regarding the Property(s) which the Happy Leaver wishes to rent, also named “My Property’s” specifying:
- Personal credentials:
- Contact of the Happy Leaver (name, surname, email, phone number); and
- Banking information.
- Information required for the Property:
- "Essential information ":
- Location of the Property
- Layout of the Property (ex. Number of rooms, surface area …); and
- Available Furniture (coffee machine, Wi-Fi …).
- "Details regarding the Property":
- Description of the Property;
- Monthly rent (inclusive of all charges);
- Available dates of the Property; and
- Apartment inventory.
- Planning an appointment with the photographer (free of charge). The photographs will be essential for the creation of the Rental offers of the Property on Leavy.co Platform or any other platforms whose activity is the management of renting Properties for long- or short-term duration – and with Leavy for a confirmation visit regarding the Guaranteed Revenue;
- Handing over three  sets of keys (including any fobs); and
- Banking information in order to proceed with future payments.
- "Essential information ":
Step 3: review and accept the Agreement. At the end of Step 2, Leavy will generate the first Leavy Guaranteed Revenue based on the information reported by Leavy as part of its registration. Before acceptance of the Agreement, the Happy Leaver shall have the right to withdraw without any charges.
Step 4: STR account opening. Once the HL has accepted the Terms, Leavy will open on behalf of the HL an Airbnb account
Step 5: HoD acceptance: At the end of step 4, HoD, which localisation are within the radius of the localisation of the Property will be offered the possibility to accept the mission proposed, in order to provide the services.
What are the necessary updates after registration?
3.5 Updates regarding personal data and the Property: the personal account of each Happy Leaver shall allow it to update its personal data and or information regarding its Property. The Happy Leaver understands that he/she may be held liable for consequences resulting from false, incomplete, or inaccurate declaration. Leavy reserves the right to revise or terminate the Agreement if the change in the conditions of the Property prevents Leavy from continuing its contractual relationship with the Happy Leaver.
3.6 Updates relating to absence dates and Happy Leaver Options: when the Happy Leaver wishes to be absent, he/she must inform via his/her account, in the "Availability" section, the dates he/she will be absent from his/her Accommodation. The Happy Leaver will then authorize Leavy to offer a hosting service to the City Explorer in its Accommodation and will indicate the Options he/she wishes to add to the Rental setting (e.g. handing over of keys, storage of valuables, etc. ,) via the "My accommodations" section accessible on his/her personal account.
4. Leavy’s Commitment?
4.1 Look for City Explorers: Leavy is committed to put at disposal to the Happy Leaver, Leavy.co Platform's resources in order to find one or more City Explorer(s) wishing to take Rental Accommodations for periods to be agreed between Happy Leaver and this City Explorer(s). The Accommodation is then rented to the City Explorer(s) for an Effective Price, set by Leavy using its algorithm for determining appropriate rates.
4.2 Find the perfect Host-on-Demand: Leavy is committed to find the perfect HoD for every each of its Happy Leaver. This encompasses HoD which location is in the radius of the localisation of the Happy Leaver’s Property.
4.2 Pay the Guaranteed Revenue: Leavy agrees to pay the Happy Leaver a Guaranteed Revenue corresponding to the fixed rent calculated by Leavy on the basis of various elements, including the location of the Property, its surface, the services offered by the Property, the average rate of rents for equivalent Properties to equivalent periods on the seasonal rental market, and the percentage of its electricity and Internet bills corresponding to its duration of absence, whether his/her Property be rented to a City Explorer, or not, during his/her absence, and corresponding to Leavy’s remuneration for selecting, managing and enabling those services through the platform it operates as well as for providing property management services to Happy Leavers.
4.3 Options: In addition to managing the Accommodation during its absence, the Happy Leaver can activate certain Options, such as the handing over of Happy Leaver's keys and the storage of certain valuables. Leavy will select and involve the most appropriate Host-on-Demand for the requested Options.
4.4 Respond to your claims: Leavy is committed to respond to the Happy Leavers claims as soon as possible once Happy Leaver's claims can be made directly online, on his/her personal account via the "Manage my claims" section. Leavy undertakes to cover all or part of the damage caused by Leavy alone or by the sole act of a Host-on-Demand within the performance of this Agreement, and within the conditions imposed by Leavy's professional insurance and home insurance policies.
4.5 Reporting: Leavy will provide the Happy Leaver, in January of each year, with a document summarizing the gross amount of transactions of which it is aware of and the remuneration that he/she received through his/her account during the course of the previous year. Leavy informs the Happy Leaver that revenue from Rental of the Property may be subject to revenue tax and other taxes. Leavy recommends and encourages that the Happy Leaver reads and is aware of any applicable regulations and guidance notes that are made available by HMRC and on the Gov.UK website.
5. Specific conditions for Happy Leavers
5.1 Co-Host: the Happy Leaver commits to authorise, by agreeing on the following Terms, the HoD, whom will be picked up by Leavy.co’s algorithm based on the location and profile of the latter, to become the Co-Host of the Happy Leaver’s Property on Leavy.co Platform or any similar platform prior agreed by Leavy. Such agreement shall be read as a formal acceptance from the Happy Leaver to let the HoD manage his property on his behalf.
Happy Leaver remain solely responsible and liable for any and all Listings and Member Content published on the Leavy.co Platform, including any Listing created by a Co-Host on their behalf. Further, Happy Leavers remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Host(s).
In the course of the management of the flat, HL specifically allows Leavy or the HoD to take pictures for marketing and promotion purposes of the Property.
5.2 Prohibited activities: in the absence of prior written authorization from Leavy, the Happy Leaver is prohibited from:
- inserting false or irrelevant information about Leavy.co Platform;
- posting or transmitting on or through Leavy.co Platform any unlawful, threatening, humiliating, defamatory, obscene, hateful, pornographic or blasphemous material, or any other message that may constitute a criminal offence, incur civil liability, carry violation of the law or incitement to do so, or content that could be used for any purpose contrary to applicable laws and regulations or to these ToU;
- using Leavy.co Platform so that the performance or functionality of the mobile application or Website, or any other computer system or network used by Leavy, is negatively impacted or that other Happy Leavers by Leavy.co Platform be negatively affected;
- uploading or transmitting on Leavy.co Platform or using any equipment, software or routine that contains viruses, Trojan horses or other programs and processes intended to damage, interfere or attempt to interfere with the normal operation of the mobile application or Website, or appropriate Leavy.co Platform, or resort to any means to cause system saturation or infringe the rights of third parties; and
- extracting or reusing all or part of the data contained on Leavy.co Platform.
- directly or indirectly contacting any HoD in order to avoid any payment of any fees or cost resulting from these Terms or use any other means at disposal for that matter.
5.3 Security and privacy: the username and password are unique and personal to the Happy Leaver. They must not be disclosed to any third parties. Any use of Leavy.co Platform made using the identifier and password of a Happy Leaver will be deemed to have been made by said Happy Leaver. In the event of disclosure of his/her username and password, the Happy Leaver must contact Leavy as soon as possible at the following address [firstname.lastname@example.org] so that they are deactivated as soon as possible. It is also recommended that Happy Leavers regularly change their password.
5.4 Liability: Leavy will accept liability for foreseeable loss and damage caused by its negligence or breach of the Agreement. The Happy Leaver will accept liability for anything caused by his/her own breach of the Agreement, in particular any lawsuit, claim and / or pecuniary sanction formed against Leavy, resulting from an obvious use contrary to the ToU and SC by the Happy Leaver. The parties may not be held liable where an event occurs that is outside of the parties' control. Where such an event occurs, Leavy will contact the Happy Leaver as soon as possible to inform them of the event and will take steps to mitigate the effect on the Agreement. If there is a risk of a substantial disruption to the service provided under this Agreement, the performance of the obligations of each party is suspended; provided that the resulting delay does not justify the termination of these ToU.
5.5 Availability: The Happy Leaver undertakes to provide three (3) sets of apartment keys and badges to the HoD. Otherwise, Leavy reserves the right to charge back the costs incurred arising from any copy of said keys and badges. The Happy Leaver undertakes to provide the HoD with two sets of sheets per number of beds provided as well as two sets of towels. Leavy reserves the right to charge back the costs incurred resulting from any new provision not provided for by the Happy Leaver and herein ToU. The Happy Leaver shall leave the Flat cleaned and ready to be used by the Guest. Any failure will allow Leavy to charge back the costs incurred by a cleaning on the Guaranteed Revenue.
5.6 Compliance with the law and regulations: The Happy Leaver undertakes to comply with all applicable laws and regulations when accessing and / or using Leavy.co Platform. Leavy cannot be held responsible for any false authorization to rent the Property, a false declaration or a lack of declaration of the Happy Leaver, to the tax authority or any other authority concerned by the declaration or absence of declaration of Property. It is the responsibility of the Happy Leaver to pay any applicable taxes and charges that results from their use of Leavy.co Platform.
5.7 Payment: The payment of the HL will be made on the basis of the Guaranteed Revenue proposed at the beginning of the registration process. The Happy Leaver acknowledges and fully agrees that any payment made from any equivalent platforms (for example Airbnb or Booking) to the HL’s account shall be cashed in by Leavy.co Platform. In no circumstances shall the Happy Leaver cash in any payment in relation to this STR account.
6. Specific conditions for Host-on-Demands
6.1.1 The Host-on-Demand shall be allocated a number of properties which shall be selected with consideration being given to the Host-on-Demand’s place of residence as set out in the latter’s profile details.. For each property, the Services, which the Host-on-Demand shall perform according to the conditions set out in this Agreement, will be defined and referred to in Appendix 1.
6.1.2 Where the booking is a long-term rental, meaning a rental for a period of more than 14 consecutive days, Leavy shall provide the Host-on-Demand with a property in addition to those already operated by the Host-on-Demand, on an exceptional basis.
6.1.3 The Host-on-Demand undertakes to process each new request for property management within 24 hours after notification by Leavy and undertakes to perform all Services within the agreed deadlines.
6.1.4 The Host-on-Demand undertakes to diligently perform the Services defined in the Specifications set out in Appendix 1, and to comply with all the recommendations provided for in the document entitled “Guide to Being The Perfect Host-on-Demand” in Appendix 2, as provided to the Host-on-Demand by Leavy.
6.1.5 At the end of the performance of each of the Services, the Host-on-Demand undertakes to take pictures of the state of the property and to communicate them to Leavy.
6.1.6 It is understood that this Agreement is a Personal Services Agreement. The Host-on-Demand is formally prohibited from using any third party in the performance of its Services. In the event of subcontracting, Leavy shall be entitled to terminate the Contract in accordance with Article 9.
6.1.7 The Host-on-Demand must comply with all relevant tax legislation and must provide Leavy with documentation evidencing such compliance on request.
6.2.1 The Service Provider undertakes not to save, transfer, disclose or copy for him/herself or for any third parties, in any form, any information which have been communicated to him/her in connection with the conclusion and performance of this Agreement.
6.2.1 However, article 6.2.1 shall not apply to information for which the Service Provider can prove that:
- the information was already in his possession before Leavy communicated the latter; or
- the information was in the public domain before the date of communication by Leavy, or subsequently entered therein without any fault being attributable to the Service Provider; or
- the information was received from a third party duly authorized to disclose such information.
6.2.3 This clause shall continue in force for a period of six (6) months from the expiry or termination of this Agreement.
6.3 Legal Compliance
6.3.1 The HoD shall conform itself to any fiscal and social legislation from its country of residence and related to the activity undertaken provided within these Terms.
6.3.2 The HoD agrees to pursue its activity alongside with any permit and licence required by law of residence or by law required from the activity. To that extent, the HoD declares pursuing its activity with a lawful and applicable professional insurance
6.4.1 The HoD is liable for all damages caused to others due to its actions, in the event of the inexecution of the Services resulting from this Agreement and guarantees Leavy against any legal actions exercised against the latter
6.4.2 The HoD’s liability shall not be sought if the inexecution or the wrong execution of the Services is due to the responsibility of Leavy, or in case of Force Majeure.
6.4.3 The HoD shall indemnify Leavy against all actual or threatened suits, actions, proceedings, claims, damages, fines, judgments, settlements, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and court costs) to the extent arising out of any claim by a third party against Leavy where such claim results from or relates to a failure to perform any part of the Services under this Agreement by the Host-on-Demand.
6.5.1 The HoD who accepts to Co-Hosts remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Host, including, but not limited to, conduct that causes harm or damage to the Happy Leaver, or the Happy Leaver’s Property.
6.6.1 The HoD will be paid through the payment services provided by Leavy.co Platform.
6.6.2 The payment will vary between 12% and 18% of the the total amount paid by the guest for each specific booking excluding any platform service fees as well as the tourist tax
6.6.3 The HoD will be paid a minimum of €30 up to a maximum of €100 for each booking / reservation.
6.7.1 The HoD expressly mandates Leavy.co, who agrees to establish in his name and on his behalf the original invoices for the services sets out in the following Terms, in accordance with the tax and economic regulations in force.
6.7.2. The present billing mandate, which takes effect from the date of signing of the contract hereunder, is concluded for an indefinite period.
6.7.3. Leavy.co undertakes to establish any invoices subject to this agreement in accordance with the information given by the HoD, in the name and on behalf of the HoD, according to the forms, instructions and within the deadlines defined by the parties.
6.7.4. Leavy.co undertakes to ensure that the original invoices issued by him in the name and on behalf of the HoD pursuant to this agreement, have the same form as if they had been issued by the HoD himself, in particular regarding the mandatory information covered by the applicable tax and economic regulations.
6.7.5. Leavy.co also undertakes that the original equipment rental invoices issued by him shall bear the mention "invoice established by the" name of the Leavy.co "in the name and on behalf of" HoD’s name ".
7. Accessibility of Leavy.co Platform
7.1 Access: access to the platform is via the mobile application or via the Website. The Happy Leaver supports the IT and telecommunications facilities for access to Leavy.co Platform. It bears the cost of telecommunications when accessing the Internet for the use of Leavy.co Platform.
7.2 Availability: Leavy is committed to doing everything possible to ensure that Leavy.co Platform is accessible 24/7. However, the Happy Leaver acknowledges that there may be occasions where he/she is unable to access his/her account, for instance in situations where the servers Leavy uses are down or otherwise disrupted.
7.3 Technical hazards: the Happy Leaver acknowledges by these ToU that the Leavy mobile application and / or the Website will at times require maintenance; and the dependency of the Leavy.co Platform platform on the Internet may result in delays to the connection or make it otherwise unavailable. The Happy Leaver also acknowledges that it cannot be guaranteed that the use of mobile applications or websites will always be risk or error-free. Accordingly, Leavy may be required to temporarily suspend access to the mobile application and / or the Website, including for technical maintenance purposes, without incurring any liability for the resulting disruption to the Leavy.co Platform or Internet network. Leavy will always try to mitigate the amount of time needed for any suspension of the mobile application and / or Website to keep any potential disruption to a minimum.
7.4 Miscellaneous: While we may help facilitate the resolution of disputes, Leavy has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Property, (ii) the truth or accuracy of any Property descriptions, Ratings, Reviews, or (iii) the performance or conduct of any User or third party. Leavy does not endorse any User, Property, services. Any references to a User being "verified" (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Leavy about any User, including of the User’s identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other services, accept a booking request from a Guest, or communicate and interact with other Users, whether online or in person.
8. Intellectual Property
8.1 Leavy's intellectual property: Leavy holds all the intellectual property rights relating to the Website and the mobile application. This includes the Leavy brand, the Leavy logo, the Site and application architecture, and their content. Any content not posted by the Happy Leaver, including any data, functionality, text, names, designations, images, photographs, graphics, brands, sounds, is the exclusive property of Leavy. The present ToU shall not in any case be interpreted as operating a transfer of any of Leavy's rights.
8.2 Right of use: Leavy hereby grants the Happy Leaver a personal, free, worldwide, non-exclusive and non-transferable right to access to the Website and the mobile application protected by Leavy's intellectual property rights, that shall be valid for the duration of use by the Happy Leaver of Leavy.co Platform. None of these elements may be downloaded, copied, modified, deleted, distributed, transmitted, broadcast, sold, rented, licensed or otherwise exploited in any way whatsoever without Leavy's express, prior written consent.
8.3 Database: the Happy Leaver is expressly prohibited from extracting, by permanent or temporary transfer, of all, or a qualitatively or quantitatively substantial part of, the contents of the Leavy database to another medium, by any means and in any form whatsoever.
8.4 Content of the Happy Leaver: in the event that the Happy Leaver publishes any content on the Platform or the Site, it grants, free of charge, to Leavy a licence to use and reproduce such content worldwide, on any support, for any purpose and for the legal term of protection for the intellectual property rights in question.
8.5 Links to third party sites: Leavy.co Platform may display hypertext links redirecting the Happy Leaver to websites and / or third-party applications. The Happy Leaver is informed that Leavy has no control over the content of these websites and applications as well as the processing of personal data of the Happy Leaver that third parties are likely to implement. Leavy cannot therefore be held liable for the content on these websites and applications and the processing of personal data possibly implemented by third parties.
9. Protection of Personal Data
9.1 Processing: Leavy may process personal data from its Happy Leavers via Leavy.co Platform. Leavy strives to protect information from his/her Happy Leavers, while allowing the Happy Leaver to keep control of it.
10. Suspend or Delete an Account
10.1 By Leavy: where the Happy Leaver does not comply with these ToU, in particular by not providing the information required for the proper use of Leavy.co Platform and / or by committing any breach of applicable laws and regulations, Leavy shall be entitled to require the Happy Leavy to cure any breach, to suspend or close the Happy Leaver’s account, and to refuse him/her, future access to all or part of the Site or application and its features, without prejudice to any damages Leavy would be entitled to claim. The closure of the Happy Leaver account will be effective two (2) days after informing the Happy Leaver by e-mail.
10.2 Happy Leaver: the Happy Leaver can close his/her account at any time via his/her Happy Leaver account.
11. Authorisation and Authorisation Withdrawal
11.1 You expressly authorize Leavy to offer your Accommodation on rental partner sites using the information provided via your personal account corresponding to your Accommodation which includes the information listed above and the photographs of your Accommodation, during the periods of absence indicated on your personal space.
11.2 Either party may withdraw their authorization at any time and terminate the contract subject to thirty (30) days' notice, in the case of a Happy Leaver, as from the sending of a registered letter with acknowledgment of receipt to Leavy Community UK limited, 35 Soho Square, London, W1D 3QX.
11.3 After an authorisation withdrawal, any Guaranteed Revenue already paid to the Happy Leaver for periods initially indicated as available, but subsequently not available due to the authorisation withdrawal, will need to be returned via bank transfer to Leavy within five (5) working days of the authorisation withdrawal.
12. Applicable Law and Competent Jurisdiction
12.1 Applicable law: these ToU are written and interpreted in accordance with French law.
12.2 Jurisdiction: any dispute relating to the conclusion, interpretation, performance and / or termination of the ToU will be subject to the exclusive jurisdiction of the courts of Paris, including in case of plurality of defendants. The Happy Leaver, being a consumer can make free use of mediation services for any contractual dispute provided to have previously introduced a claim with Leavy which did not make it possible to solve this litigation.