VIVE UNIQUE
GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE

THESE TERMS AND CONDITIONS SET OUT THE TERMS AND CONDITIONS ON WHICH UNIQUE VENTURES LIMITED SHALL OFFER ACCESS TO ITS WEBSITE TO GUESTS AND HOSTS. YOU ACKNOWLEDGE THAT BY USING THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO CONTINUE WITH YOUR USE OF THE WEBSITE.

SECTION A: GENERAL PROVISIONS

1.         DEFINITIONS AND INTERPRETATION

1.1.    Vive Unique, We, or Us means Unique Ventures Ltd, company number 07666067, with its registered office at Tower View House, 1st Floor, 134 Kingsland Road, Hoxton, London E2 8DY, trading as Vive Unique, and its associated companies. Vive Unique operates as an agent on behalf of property owners and Hosts and does not offer any Property itself.

1.2.    Website means the site found at www.viveunique.com which is operated and maintained by Vive Unique, providing the Services.

1.3.    Services means those services offered on the Website which includes, but is not limited to, providing accounts for Guests and Hosts, giving details of properties available to occupy, showing availability, and provision of a booking service.

1.4.    Host means a person who creates an account on the Website and represents to Vive Unique and other parties that he has the right to make a Property available for occupation by Guests.

1.5.    Guest means a person who creates an account on the Website and reviews Property with the intention of occupation.

1.6.    User, You or Your means, as the case may require, a Guest or Host who accesses the Website or makes a Booking any person purporting to represent that person.

1.7.    Property means a house or flat advertised on the Website by a Host as being available for occupation by a Guest at some stage.

1.8.    Website Terms means these terms or conditions under which access is provided to the Website. You may be required to enter into further agreements with Us or with other parties as part of the process of adding Property to the Website, or making or accepting a Booking for a Property.

1.9.    Account means the unique identifier created by a User in order to use the Website, containing information about and linked to a specific individual.

1.10.   Login Details means the unique username and password combination given to a User and linked to a specific Account by Vive Unique in order to allow secure access to the Website.

1.11.  User Submission means information, comments, images, third party URL links or other material submitted to the Website by a User whatsoever in any format and includes Advertiser Materials and Guest Profiles.

1.12.    Advertiser Material means submissions containing in any information or photographs uploaded by a Host about a Property and intended to represent that Property and its features to other Users.

1.13.   Guest Profile means in any information or photographs about a Guest entered by that Guest as a part of their Account and intended to represent that Guest to other Users.

1.14.    Booking means any agreement between a Host and a Guest or other party for occupation of the Property.

1.15.    Booking Fee means the monies paid by the Guest for the occupation of the Property only.

1.16.    Booking Deposit means a figure equivalent to 50% of the total of the Booking Fee and any Additional Guest Fees.

1.17.    Cancellation Policy means the policy on Guest cancellations selected by the Host which alters the amount of notice a Guest is required to give for a cancellation before the Guest becomes liable for the full Booking Fee.

1.18.    Guest Services means services ancillary to the Booking provided by the Us to Guests under a separate contract.

1.19.    Guest Service Fee means the fee charged to Guests on Booking for their use of the Services.

1.20.    In the Website Terms any reference to the singular includes a reference to the plural and any reference to the masculine includes a reference to the feminine and vice versa.

1.21.    The Website is hosted entirely within England & Wales and all Properties advertised are within England & Wales. Therefore, the Website Terms are to be interpreted in accordance with the laws of England & Wales and the Courts of England & Wales shall have exclusive jurisdiction over any dispute relating to the Website Terms or a Property.

2.         WARRANTIES & PRELIMINARIES

2.1.   By using the Website, either as a Guest or as a Host, you warrant that:

2.1.1. You are legally capable of entering into binding contracts;

2.1.2. You are at least 18 years old; and

2.1.3. You are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to enter into these Website Terms.

2.1.4. All information you provide to Vive Unique is correct to the best of your knowledge and belief. You further warrant that you shall promptly notify Vive Unique in the event of any changes to such information.

2.1.5. If You are a Host, that You have the right and intention to make the Property available for Bookings and that the Property is safe and suitable for short-term letting to Guests.

2.2.    You acknowledge and agree that these Website Terms shall be non-exclusive between you and Vive Unique and that Vive Unique may provide the Services on the Website to other Guests and Host.

2.3.    Your use of the Website is by way of an agreement with Us. These Website Terms deal with your opening of an Account on the Website, your use of that Account, and the making of a Booking between Guest and Host. Vive Unique offer accommodation as an agent on behalf of a Host. Vive Unique do not enter into any form of agreement or contract with Guest or Host in relation to the Booking or occupation of the Property and these form agreements directly between Guest and Host. Vive Unique act solely as an intermediary do not provide any form of warranty or guarantee for the adherence of the contracting parties to the terms of any agreement made between Guest and Host. Vive Unique do not provide any warranty for the accuracy of adverts placed by Hosts on the Website, or any warranty for the suitability or safety of the Property, or its compliance with any legislative requirements relating to the short-term letting of Property. These are entirely the obligation of the Host.

2.4    Use of the Website is for the purpose of making a legally-binding offer to stay in a Property. Once such an offer is made and accepted it will be binding on the Host and Guest and may then be further set down in a formal written agreement. The final negotiation of the details of this agreement and its signature is a matter for the Host and Guest to deal with between themselves. Vive Unique is not responsible for negotiating or forming such an agreement unless it has specifically accepted that obligation on the behalf of the Host. In that case Vive Unique will act as the Host's agent.

3.         REGISTRATION

3.1.    In order to use any of the Services on the Website either as a Guest or as a Host you shall be required to register with Vive Unique by completing the online registration form made available to you on the Website and creating an Account.

3.2.    By completing the online registration form you consent to Vive Unique carrying out checks with third parties to verify information provided in such online registration form. This may involve obtaining credit and other references and may involve provision of personal information to approved organisations to allow those checks to be carried out.

3.3.    You shall keep Login Details provided to you confidential and secure. Without prejudice to the other rights and remedies of Vive Unique, Vive Unique reserves the right to promptly disable your Login Details and suspend your access to the Website and the Services in the event Vive Unique has any reason to believe that you have breached any of the Website Terms.

3.4.    Where You place a Property with Us as a Host or make a Booking as a Guest You give Us consent to create an Account on the Website on Your behalf.

4.         YOUR OBLIGATION

4.1.    You agree that you are solely responsible and liable for all activities on the Website undertaken through or using your Login Details.

4.2.    You will comply with all applicable law in respect of your use of the Website and the Services including, without limitation, compliance with all applicable e-commerce, consumer protection, data protection, and privacy directives and legislation.

4.3.    You must promptly notify Vive Unique in the event there is any actual or suspected breach of security or any unauthorised use or attempted use of the Login Details by another person by email at info@viveunique.com.

4.4.    You shall not make any User Submissions that may be deemed by Us in our soul discretion to:

4.4.1.    Be offensive, illegal, inappropriate or in any way including the advertising of any Property that does not comply fully with all legal obligations associated with offering accommodation for licensing or rental;

4.4.2.    Promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

4.4.3.    Harass or advocate harassment of another person;

4.4.4.    Display pornographic or sexually explicit material;

4.4.5.    Be or promote conduct which is abusive, threatening, obscene, defamatory or libellous;

4.4.6.    Encourage any illegal activities;

4.4.7.    Provide instructional information about illegal activities, including violating someone else’s privacy or any form of computer misuse;

4.4.8.    Link to or contain information that you know or believe to be inaccurate, false or misleading including a description of any Property;

4.4.9.    Give the impression that the User is linked to Vive Unique or endorsed by them in any way;

4.4.10. Seek to impersonate another User or any other person or organisation.

4.4.11. Engage in or promote commercial activities or sales which do not have the prior written consent of Vive Unique; or

4.4.12. Infringe any rights of any third party.

4.5.    The making of a User Submission does not guarantee that all or any part of it shall appear on the Website whether or not the User Submission is part of the Services.

4.6.    You warrant and represent that you own or are licensed to use any and all copyrights, patents, trademarks (whether registrable or non-registrable), designs, rights in database, rights in software (including without limitation the source and object code), and all proprietary rights in all User Submissions you add to the Website as part of your use of the Services.

4.7.    You hereby grant to Vive Unique a non-exclusive, irrevocable, worldwide licence to display User Submissions on the Website and display them to other Users and to edit the User Submissions in the event that Vive Unique deems it necessary or desirable to do so for any reason.

4.8.    If you feel that any User Submission made by another user is objectionable, please contact Vive Unique using the contact details set out on the Website. Vive Unique shall use its reasonable endeavours to review the relevant User Submission, Advertiser Material and Guest Profile as soon as is practicable and shall take such action as it deems necessary, if any at all.

4.9.    You agree that at all times, you shall:

4.9.1.    Not use your Login Details with the intent of impersonating another person;

4.9.2.    Not allow any other person to use your Login Details;

4.9.3.    Not use the information presented on the Website or derived from the Services for any purposes other than those expressly set out in these Website Terms;

4.9.4.    Not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;

4.9.5.    Not use the Website to do anything that will infringe the Intellectual Property Rights or other rights of any third parties;

4.9.6.    Not use any information obtained using the Services and the Website otherwise than in accordance with these Website Terms;

4.9.7.    Comply with all instructions and policies from Vive Unique from time to time in respect of the Services and the Website;

4.9.8.    Co-operate with any reasonable security or other checks or requests for information made by Vive Unique from time to time; and

4.9.9.    Use the information made available to you on the Website and through the Services at your own risk.

4.10. In the event that Vive Unique, in its sole and absolute discretion, considers that there has been a breach or threatened breach of any of the terms set out in this clause 4, Vive Unique reserves the right to take any action that it deems to be necessary including, without limitation, temporary suspension, or termination forthwith and without notice of your use of and access to the Services and the Website and, in the case of unlawful use, the instigation of legal proceedings as appropriate.

4.11. Notwithstanding the provisions of this clause 4, Vive Unique reserves the right to edit or delete any Advertiser Material it considers inappropriate or incorrect from the Website, without notice to the Host.

4.12. Any Host advertising Property on the Website must ensure that the Property is suitable for the purpose stated, complies with all legislative requirements related to the short-term letting of properties in the area in which the Property is, and is safe for occupation by Guests.

5.          TERMINATION

5.1.    You may terminate these Website Terms by giving Vive Unique not less than thirty (30) days’ notice in writing. You will remain liable for fulfilment of any Booking which has not yet been completed.

5.2.    Vive Unique may terminate these Website Terms at any time and for any reason whatsoever by giving you not less than fourteen (14) days’ notice in writing.

5.3.    Notwithstanding the provisions of this clause 5, these Website Terms may be terminated by either party immediately, on written notice to the other party if:

5.3.1.       The other party is in material breach of its contractual obligations and has not remedied such breach within fourteen (14) days after receipt of a written notice of default from the other party. For the avoidance of doubt, and without limitation, breach of any provision under clause 4 is a material breach for these purposes; or

5.3.2.       The other is declared bankrupt or, if a body corporate, has a liquidator, receiver or administrator appointed or enters into any form of arrangement with its creditors, or is otherwise insolvent.

6.          MEMBERSHIP TERMINATION

6.1.    You may request to cancel your membership of the Website at any time during the registration process.

6.2.    You hereby agree and consent to the immediate commencement of the performance of the Services by Vive Unique such that on receipt of your Login Details, you can immediately access the Services using the Website.

7.          EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

7.1.    All warranties, representations, guarantees, conditions and terms, other than those expressly set out in these Website Terms whether express or implied by statute, common law, trade usage or otherwise and whether written or oral, are excluded to the fullest extent permissible by law.

7.2.    Vive Unique shall bear no responsibility or liability for inspecting or verifying any material posted in any User Submission. Consequently, Vive Unique does not warrant or guarantee the accuracy, correctness, reliability, suitability of any Property for the use intended or of any User Submission. Properties can change from time to time and not all features of the properties will necessarily be identical to the description found on the Website. Vive Unique cannot accept liability for any loss of your enjoyment or other losses which arise as a result of differences between a Property when booked as compared to its description on the Website.

7.3.    Subject to clause 7.5, the maximum aggregate liability for Vive Unique (including its respective agents and sub-contractors) under, arising from or in connection with these Website Terms, howsoever arising, shall not exceed the total fees earned by Vive Unique in relation to the booking which is the subject of the claim.

7.4.   Subject to clause 7.5, Vive Unique shall not be liable for any indirect, special or consequential losses, expectations of a specific nature or anticipated outcome, anticipated savings, loss of profit, loss of opportunity, loss of data, loss of contract, loss of goodwill and reputation, loss of management time, loss of enjoyment, loss of employment benefit or any other loss however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable arising out of or in connection with your use and/or reliance of the Service, the Website and the contents therein.

7.5.   Nothing in these Website Terms shall be deemed to exclude, restrict or limit the liability of any party (or their respective agents or sub-contractors) for death or personal injury resulting from its negligence or any liability for fraudulent misrepresentation.

7.6.    Vive Unique shall be entitled at its own discretion and upon notice to you, to suspend the Services or the Website whether wholly or partly for any reason whatsoever including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or non-availability of the Services or the Website (whether wholly or partly).

7.7.    Vive Unique reserves the right to make any changes to the Services or the Website including to any functionality and content therein or to discontinue a specific feature from time to time provided that Vive Unique notifies you through a message displayed on the Website;

7.8.    Vive Unique may update or revise these Website Terms from time to time and shall notify you of any such updates and revisions through a message displayed on the Website. Your continued use of the Services or the Website shall be deemed your acceptance of such changes in respect of the updated or revised Website Terms. If you do not agree with the changes to these Terms, you may terminate your Contract with us in accordance with clause 5.

7.9.    Vive Unique shall have no liability for, and you shall indemnify Vive Unique in full (including legal fees) against, any claim that the Advertiser Materials infringes any third party rights.

8.          RELIANCE ON INFORMATION POSTED

8.1.    Commentary and other materials posted on the Website are not intended to amount to legal or other advice and no reliance should be placed on such material. We will accept no liability arising from any reliance placed on such materials by any visitor to our site or by anyone who may be informed of any of its contents.

9.          INTELLECTUAL PROPERTY RIGHTS

9.1.    Vive Unique and its licensors own all the intellectual property rights relating to the Services and the Website, save for those that fall under clauses 9.3 to 9.5 below.

9.2.    You are expressly prohibited from:

9.2.1.   Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and

9.2.2.   Removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by Us or our licensors and doing anything which may be seen to take advantage of the reputation and goodwill of Vive Unique or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to Vive Unique.

9.3.    You hereby grant to Vive Unique a perpetual, transferable, and sub-licensable licence under which Vive Unique may use your User Submission for its commercial purposes, including, but not limited to, uploading and publishing your User Submissions on the Website and other websites owned and/or controlled by Vive Unique.

9.4.    All rights, title and interest in any Advertiser Material written or produced entirely by a Host shall remain exclusively with the Host. For the avoidance of doubt, Advertiser Material shall not include any photographs taken or copy written by Vive Unique for or on behalf of the Host, rights, title, and interest in which remain exclusively with Vive Unique.

9.5.    All rights, title and interest in any Guest Profile shall remain exclusively with the Guest.

9.6.    All rights, title and interest in any other User Submissions shall remain exclusively with the party who posted that User Submission.

9.7.    Nothing in these Website Terms shall serve to transfer from Vive Unique to any Guest or Host any rights in relation to any part of the Website.

10.          CONFIDENTIALITY

10.1. You shall not, at any time, except as required by law, disclose to any person any confidential information or trade secrets relating to Vive Unique's business. Such matters include, without limitation, information or secrets relating to: corporate and marketing strategy, business development and plans, sales reports and research results, business methods and processes, technical information and know-how relating to Vive Unique's business and which is not in the public domain, including inventions, designs, programs, techniques, database systems, formulae and ideas, business contacts, lists of customers and companies and details of contracts with them and any document marked "confidential".

10.2. You shall use all reasonable endeavours to prevent the publication or disclosure of any such information or secrets. These restrictions shall not apply during or after these Website Terms have terminated to information which has become available to the public generally otherwise than through unauthorised disclosure.

11.       PRIVACY POLICY

11.1. Vive Unique's Privacy Policy is available on request. The terms of the Privacy Policy form part of these Website Terms and you agree to be bound by them.

12.       COMPLAINTS

12.1.  If you have a complaint about Our service, then please e-mail Us at: complaints@viveunique.com or write to Us at ViveUnique, Tower View House, 1st Floor, 134 Kingsland Road, Hoxton, London E2 8DY.

12.2.  If a Guest has a complaint about the Property on arrival then We will only deal with a complaint if it arrives with Us within 24 hours of the Guest's scheduled arrival time by email at resolutions@viveunique.com and must include supporting evidence. Please note that We will stick closely to this time window and email address and We will not deal with any complaint outside this window. We will only deal with complaints where an obvious fraud has been committed in that the property does not exist, where there is no ability to accommodate the number of occupiers advertised, or basic cooking and washing facilities are absent or unusable. Where we uphold a complaint within these areas as having real substance we will withhold payment of the Guest's Booking Fee from the Host and will retain the money as a stakeholder pending a resolution of the complaint between the Guest and Host. If no complaint is made within 24 hours as specified in this clause, the complaint does not deal with any of the areas specified in this clause, the complaint is unsupported by evidence, or We, in our sole discretion, consider that it has no substance We will not withhold money from the Host. Nothing in this clause restricts the Guests right to take action against the Host for any breach of any actual or implied agreement between them. Vive Unique will not take any part in resolving or managing disputes between the Host and Guest.

13.       FORCE MAJEURE

13.1.   We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control. This includes any act, event, non-happening, omission or accident beyond our reasonable control and includes but is not limited to the following:

13.1.1.     Strikes, lock-outs or other industrial action;

13.1.2.     Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

13.1.3.     Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

13.1.4.     Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

13.1.5.     Impossibility of the use of public or private telecommunications networks; and

13.1.6.     The acts, decrees, legislation, regulations or restrictions of any government.

13.2. Our performance under these Website Terms is deemed to be suspended for the period that any event referred to in clause 13.1 continues and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any such event to a close or to find a solution by which our obligations under these Website Terms may be performed.

14.       GENERAL

14.1.  If Vive Unique fails at any time to insist upon strict performance of its obligations under these Website Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Website Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.

14.2.  A waiver by Vive Unique of any default shall not constitute a waiver of any subsequent default.

14.3.  No waiver by Vive Unique of any of these Website Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

14.4.  If any part of these Website Terms is found to be void, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

14.5.  These Website Terms are excluded from the Contracts (Rights of Third Parties) Act and nothing in these Website Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Vive Unique and such third parties shall not be entitled to enforce any of these Website Terms against Vive Unique.

14.6.  These Website Terms and any document expressly referred to in them represent the entire agreement between you and Vive Unique in respect of your use of the Website and shall supersede any prior agreement, understanding or arrangement between you and Vive Unique, whether oral or in writing.

14.7.  You acknowledge that in entering into these Website Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between you and Vive Unique except as expressly set out in these Website Terms.

15.       BOOKING CANCELLATIONS

15.1.  Different Properties have differing Cancellation Policies and allow Guests to cancel their Booking with different periods of notice prior to the commencement of their Booking subject to the loss of their Booking Deposit. The Cancellation Policy for a Property is selected by the Host in their sole discretion and is displayed in the Website entry for that Property.

15.2.  If a Guest cancels their Booking prior to the specified period of notice in your selected Cancellation Policy then they will forfeit their Booking Deposit. If a Guest cancels their Booking by giving a shorter period of notice than that specified by the Host's selected Cancellation Policy then the Guest will be liable for the entire Booking Fee.

15.3.  The notice periods specified for each cancellation policy are as follows: Guest Minimum Notice Period for ‘Super Flexible’ is 24 hours; ‘Flexible’ is 2 weeks; ‘Moderate’ is 4 weeks; ‘Strict’ is 12 weeks. The default Cancellation Policy if the Host does not select one of their own is the ‘Flexible’ cancellation policy.

15.4.  In the event a Guest cancels a Booking and gives more than the Guest Minimum Notice Period then they will forfeit their Booking Deposit. For Hosts using our ‘Advertise Only’ service, we will subtract our commission fee and the Guest Services Fee from the Booking Deposit and then pay You the remaining sum.

15.5.  In the event a Guest cancels a Booking within the Guest Minimum Notice Period then they will forfeit their Booking Fee and any Additional Guest Fees and we will try to secure another Booking for a similar period. In the event that We are unable to obtain an alternative Booking then We will deduct our commission fee and any Additional Guest Fees from the monies received from the Guest and then pay You the balance.

16.       FEES AND PAYMENTS

16.1.  Our fee is a commission of 8% of the Booking Fee charged to each Guest for their use of the Property only. For the avoidance of doubt this fee is charged on every Booking made on the Property while it is advertised on the Website continues and for Bookings made or with Guests introduced by Us during the period of display even if this Agreement has been terminated or the Property removed from the Website before the Booking commences. This fee is exclusive of any Additional Guest Fees and any other fees payable by the Guest to Us for Guest Services.

16.2.  Our fee is due and payable whenever a Guest who has viewed the Property on Our Website makes a Booking for the Property, even if that Booking is made directly between the Host and the Guest without involving Us.

16.3.  As well as our commission fee we make a charge to Guests, the Guest Services Fee, for the use of the Services. This fee is calculated at 12% of the Booking Fee.

16.4.  We will collect a Guest's Booking Deposit at the time of them making a Booking by seeking payment from a Credit or Debit Card.

16.5.  We will collect the remainder of the Booking Fee by Credit or Debit Card not later than the Guest Minimum Notice Period or when the Booking is made if the Booking is made inside this period. We will pay the Host for any Guest stay not later than 2 working days after the commencement of the Guest's stay at the Property subject to clause 12.2 above. Our fee will be deducted from this amount before payment. Any bank or Paypal charges to receive funds are to be paid for by the host.

16.6.  We will not make any payment of any sum which We have not received in cleared funds. We are not liable to pay interest or other costs incurred in the event that a payment clears into any bank account later than You are expecting it.

16.7.  If a Guest payment does not clear or is recalled then the Host agrees to refund to Us any monies.

16.8.  We are entitled to deduct from any money we hold on Your behalf any monies You owe to Us even if the money we are holding relates to a different property.

16.9.  Payment terms are subject to Clause 15, dealing with Cancellations.

17.       BOOKING DATES

17.1.  Hosts must provide Us with the dates that the Property is definitely available for Guests to stay and dates when it is definitely not available for Guests to stay. We will then set the Property’s calendar on the Website to either ‘Available’, 'Unavailable' or ‘On Request’. The Property will be listed as ‘Available’ for the dates for which a Host has informed Us that it has definite availability. The calendar will be set as 'Unavailable' for dates which a Host has informed Us that the Property is not available for occupation by Guests and for dates for which We have obtained Bookings. We will set the Property’s calendar to ‘On Request’ for all other dates. Hosts may also be able to amend the Property’s availability status using the Website. Once a Booking has been confirmed, the calendar will be changed to Unavailable and Hosts will not be able to change the Property’s status using the online facility.

17.2.  It is the Hosts responsibility to check the status of the Property on the Website and to keep its status up to date, either directly through the Website or by informing Us of changes. We will not be liable for any loss or damage a Host may suffer and Hosts will keep us fully indemnified against any losses We might suffer caused by the Hosts failure to promptly update the status of the Property on the Website or by advising Us of any change of status. For periods that Hosts have described the Property to Us as ‘Available’, We will accept a Booking on the Hosts behalf without consulting with or seeking any confirmation from the Host. Upon confirming the Booking with the Guest, We will email the Host and Guest details of the Guest stay.

17.3.  For periods where a Host have described the Property as ‘On Request’, We will contact the Host, by email, text or telephone when a Guest enquires about the Property. It is the Hosts responsibility to ensure that We are kept updated as to their contact details and preferred method of communication. Hosts will have 24 hours to accept the Booking, otherwise we will offer it to other Hosts. No Booking will be created until We have received confirmation from the Host that the Booking date is accepted and contacted both parties to confirm the Booking.

17.4.  We are not liable for any loss a Host might suffer due to losing a Booking due to their failure to respond to an offer of a Booking when a Property is listed as 'On Request' or due to a Guest withdrawing a Booking request while awaiting confirmation, irrespective of the reason.

17.5.  We will not accept any Booking for any period where the Host has described the Property to Us as ‘Unavailable’.

18.       Occupation Agreements

18.1.  All Guests who stay in properties which are managed by Vive Unique are required to agree to our standard Occupation Agreement. An example of which can be found here.

18.2.  Alternatively, your Host may send you an occupation agreement directly which you will be required to agree to. An example of which can be found here.