Updated Version 14th August 2019
1. What is Leavy Homesharing?
1.1 Leavy Homesharing is provided by Leavy.
- Leavy Community UK Ltd T/A ‘Leavy’ is a company, incorporated and registered in England and Wales with company number  whose registered office is at [35 Soho Square, London, W1D 3QX].
- Leavy is also: a community and a platform for Property rental management, which provides services for the rental of properties for anyone travelling and for those wishing to enhance their travel experience.
1.2 Leavy Homesharing (Definitions)
- " City Explorer" or "Guest" or "Traveller" or "Occupant" designates the person who rents the Property.
- " Happy Leaver" designates the user who wishes to propose his/her property for Rental, through Leavy Homesharing.
- " Host-on-Demand" designates the user (an individual or a company), who wishes to propose his/her/its property for Rental, through Leavy Homesharing.
- " Rental" designates the letting or sub-letting of the Happy Leaver's Property to Leavy, including the authorization given to Leavy to offer hosting services within the said Property to City Explorers.
- " 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 Homesharing.
- " Guaranteed Revenue" designates the compensation paid in Pounds Sterling to the Happy Leaver, in return for the Rental of the Property, 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 Homesharing platform is for all users interested in Leavy Homesharing as a Happy Leaver or Host-on-Demand. The user wishing to become a Happy Leaver has the option to register online by creating a 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 United Kingdom Users: these ToU describe the operation of the platform and the rights and obligations of Happy Leavers within the United Kingdom. Conditions which are specific to the use of Leavy Homesharing in other countries are described in the local versions of Leavy Sites and applications.
2.3 Specific Conditions: once the registration is completed, the user will receive Specific Conditions which summarize, regarding the Happy Leaver, his/her Property characteristics as well as Rental conditions.
2.4 ToU + SC = Agreement: the ToU and SC together form the Agreement between Leavy and the registered Happy Leaver, defining the relations, rights and obligations of Leavy and of the Happy Leaver. ToU + SC may be kept by any Happy Leaver and it is recommended that the Happy Leaver does this either through saving electronically or printing. The Agreement shall be in force between Leavy and the Happy Leaver as long as the Happy Leaver uses Leavy Homesharing.
2.5 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 Homesharing, 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 Homesharing.
3. How to rent a Property with Leavy Homesharing?
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 Homesharing 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, not caused by Leavy, 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 by Leavy, 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 Homesharing accordingly.
What are the different steps to register?
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 Homesharing 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 Happy Leaver SC project, including the first Leavy Guaranteed Revenue estimate based on the information reported by Leavy as part of its registration. Following Leavy's visit to the Happy Leaver's Property, Leavy's final Guaranteed Revenue will be reported in a new version of the SC. The Agreement consisting of the ToU and the completed SC will be sent to the Happy Leaver for review and acceptance. Before acceptance of the Agreement, the Happy Leaver shall have the right to withdraw without any charges.
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 undertakes to rent Happy Leaver's Accommodation in order to offer City Explorers accommodation services in his/her Accommodation during the absence of the Happy Leaver. Leavy is committed to using Leavy Homesharing's resources to find one or more City Explorer(s) wishing to take Rental Accommodations for periods to be agreed between Leavy 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 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.
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. No contract is required between the Happy Leaver and the Host-on-Demand.
4.4 Respond to your claims: Leavy is committed to respond to the Happy Leavers claims as soon as possible. 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. Happy Leaver’s Commitment?
5.1 Prohibited activities: in the absence of prior written authorization from Leavy, the Happy Leaver is prohibited from:
- inserting false or irrelevant information about Leavy Homesharing;
- posting or transmitting on or through Leavy Homesharing 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 Homesharing 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 Homesharing be negatively affected;
- uploading or transmitting on Leavy Homesharing 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 Homesharing, 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 Homesharing.
5.2 Penalties under English law: the Happy Leaver acknowledges that if found to be in engaged in any of the above prohibited activities, he/she may be subject to criminal proceedings in England and Wales, which may result in a fine and / or imprisonment in accordance with local laws.
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 Homesharing 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 [email@example.com] 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 Compliance with the law and regulations: The Happy Leaver undertakes to comply with all applicable laws and regulations when accessing and / or using Leavy Homesharing. 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 Homesharing.
6. Accessibility of Leavy Homesharing
6.1 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 Homesharing. It bears the cost of telecommunications when accessing the Internet for the use of Leavy Homesharing.
6.2 Availability: Leavy is committed to doing everything possible to ensure that Leavy Homesharing 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.
6.3 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 Homesharing 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 Homesharing 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. Intellectual Property
7.1 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.
7.2 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 Homesharing. 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.
7.3 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.
7.4 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.
7.5 Links to third party sites: Leavy Homesharing 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.
8. Protection of Personal Data
8.1 Processing: Leavy may process personal data from its Happy Leavers via Leavy Homesharing. Leavy strives to protect information from his/her Happy Leavers, while allowing the Happy Leaver to keep control of it.
9. Suspend or Delete an Account
9.1 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 Homesharing 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.
9.2 Happy Leaver: the Happy Leaver can close his/her account at any time via his/her Happy Leaver account.
10. Authorisation and Authorisation Withdrawal
- 10.1 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.
- 10.2 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.
- 10.3 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.
11. Applicable Law and Competent Jurisdiction
11.1 Applicable law: these ToU are written and interpreted in accordance with English law.
11.2 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 England, 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.