Information about LiveLocal

Terms of use

LiveLocal Terms of Use

Last Updated: 28 April 2020 (added Review section)

Thank you for visiting the LiveLocal website!  Please read these Terms of Use ("Terms") carefully as they contain information about your legal rights, remedies and obligations.  By accessing or using the LiveLocal website (LiveLocal), you agree to comply with and be bound by these Terms.  If you have any questions, or would like to report a violation of these Terms, please feel free to Contact Us.


Note: As of 28 Aprill 2020, these Terms cover things related to Bookings made on the LiveLocal website, Privacy, and to Reviews.  We are busy working on the other terms  and will update these as soon as we can!

A.   Terms applicable to all bookings


1.    Scope of terms applied to bookings

1.1    By making a booking request for a property listed on our website (a “Listing”), you (the "Guest") agree to be bound by (i) these Terms and Conditions, (ii) the full Terms of Use for the LiveLocal website, and (iii) by the LiveLocal Privacy Policy; (collectively, the “Terms”).

1.2    You can book a Listing on LiveLocal by following the respective booking process described by these Terms. All applicable fees, including the Listing Fee and LiveLocal Service Fees (collectively, the “Booking Fee”) will be presented to you prior to making a booking request.  You agree to pay the Booking Fee for any booking request in connection with your LiveLocal account.

2.    The booking process

2.1    When you submit a booking request, LiveLocal will (i) obtain a pre-authorisation via your Payment Method to place a temporary ‘hold’ for the total Booking Fee, and (ii) authenticate your account to verify your Payment Method, using the Radar Fraud Teams protection service operated by Stripe Inc.

2.2    The owner of the Listing (your “Host”) has a period of 3 calendar days to either accept or to decline your booking request.  You will be charged the full Booking Fee once your booking request has been accepted.  If you change your mind, prior to your booking request being accepted, you can message your Host to request that they decline your booking request.  

2.3    If your Host declines your booking request, or does not accept within 3 calendar days, you will not be charged.  Any pre-authorisation of your Payment Method will also be released (if applicable).  The timing for the pre-authorisation release will vary based on the Payment Method and any applicable payment system (e.g. Visa, MasterCard, Amex, etc.) rules.  For most Payment Methods the pre-authorisation release occurs within minutes.

2.4    Acceptance of a booking request is solely at the discretion of your Host. Your Host reserves the right to ask additional questions or to request documentation prior to accepting your booking, for security and insurance purposes. This may include, but is not limited to, requesting confirmation of your full name and home address, a copy of photo identification (such as Drivers licence or Passport), a copy of a credit card, or (for Long Term stays of 28 days or more) a signed Tenancy Agreement.

2.5    Upon confirmation that your booking request has been accepted, a legally binding agreement is formed between you and your Host, subject to any additional terms, conditions, rules, or usage limitations specified by your Host within the Listing description (collectively referred to as the “House Rules”).  LiveLocal will collect the total Booking Fee and charge your Payment Method.  You hereby authorise LiveLocal to collect any amounts due, by charging the Payment Method provided by you at checkout.

2.6    Your Booking Fee will be held securely by the LiveLocal payment provider (Stripe Inc.), until your booking is marked as “Completed” on the LiveLocal website. By marking your booking as Completed, you are confirming that you have Checked-in to the Listing property. Once this occurs, your Booking Fee will be automatically released from Stripe to your Host. This action cannot be reversed by LiveLocal; therefore, you acknowledge that it is your responsibility as a Guest to ensure that this action is completed no earlier than check-in day.

2.7    Bookings can be marked as Completed by you, or by a LiveLocal administrator.  A LiveLocal administrator will only mark a booking as Completed in exceptional circumstances.  These include (i) if a Guest forgets, or is unable, to complete this action themselves on check-in day, or (ii) if a Guest raises a request for a cancellation less than 7 calendar days prior to check-in day (refer to the LiveLocal cancellation policy).  You hereby authorise LiveLocal to mark your booking as Completed on your behalf in these circumstances.

3.    Licence to occupy

3.1    You understand that a confirmed booking is a limited licence granted to you by your Host to enter, occupy and use the relevant Listing property for the days booked only, subject to full compliance with these Terms, including the LiveLocal cancellation policy and any additional House Rules specified by your Host within the Listing description (collectively, “Licence to Occupy”). You understand that your Licence to Occupy begins on check-in day from the “check-in time” and ends on check-out day at the “check-out time”, as shown in the Listing description, unless otherwise mutually agreed with your Host.  Your Host reserves the right to charge an early check-in fee, should you or any of your party arrive prior to the agreed check-in time.

3.2    During the reservation your Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Listing property, in accordance with your agreement with the Host, for servicing, housekeeping, emergency repairs and maintenance, or to respond to neighbourhood complaints or any instruction from a law enforcement agency. These rights may differ for Long Term bookings of 28 days or more, in accordance with the Residential Tenancies Act 1986.

3.3    If you are booking a Listing on behalf of one or more additional guests (as the “Organiser”), you agree to be responsible for the actions of those additional guests during your stay, and to ensure that every guest meets any requirements set by your Host.  As the Organiser, if you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorised to act on behalf of the minor. For the purpose of these Terms, a Minor is defined as a person who has not attained the age of 18 years, in accordance with the Minors’ Contracts Act 1969. Minors may book accommodation on the LiveLocal website if accompanied by an adult who is responsible for them.

4.    Modifications and cancellations

4.1    You are responsible for any modifications to an accepted booking and, where such modifications are mutually agreed between you and your Host, you agree to pay any additional Booking Fees, including LiveLocal service fees, associated with such Booking Modifications (if applicable).

4.2    For bookings where payment is made via the LiveLocal website, a single and consistent cancellation policy will apply (the “LiveLocal cancellation policy”).  You can cancel an accepted booking at any time pursuant to the LiveLocal cancellation policy, by clicking the “Dispute” button on the LiveLocal website.

4.3    For cancellations made within 48 hours of booking, and at least 14 calendar days prior to check-in day, a full refund of the Booking Fee will be made, minus non-refundable Stripe processing fees.  For cancellations made 7 days prior to check-in day, a 50% refund of the Booking Fee will be made, minus non-refundable Stripe processing fees.  For cancellations less than 7 days in advance of check-in day, or if a Guest decides to leave early after checking in, the Booking Fee will not be refundable.  If the Listing property becomes unavailable for any reason after your booking is accepted, including if your Host requests a cancellation, you will be entitled to a full refund of your Booking Fee and your Host will bear the cost of any non-refundable Stripe processing fees.

4.4    You acknowledge that any exception to the LiveLocal cancellation policy, granting more favourable terms to you, is solely at the discretion of your Host and must be mutually agreed in writing via the LiveLocal message system. You also acknowledge that, if such agreement is made after your booking has been marked as Completed, LiveLocal is not able to obtain or refund your Booking Fee to you. In such situations, a method of refund must be agreed upon directly between you and your Host.

4.5    You acknowledge that you are solely responsible for obtaining insurance coverage that is sufficient to protect both your travel plans and any loss of your Booking Fee under the LiveLocal cancellation policy. You agree that you have or will obtain the appropriate level of insurance coverage to cover any and all losses suffered by you as the result of an unforeseen event, which are beyond the reasonable control LiveLocal or your Host.  Further, you agree to provide your Host with copies of relevant proof of insurance coverage upon request (if required).

4.6    At the time of writing these Terms and Conditions, non-refundable Stripe processing fees are 2.9% + $0.32 per transaction, which includes $0.02 for Radar Fraud Teams protection. These fees are subject to change without notice, by Stripe Inc., and are included within LiveLocal Service Fees presented to you at the time of making a booking request.

4.7    You acknowledge that in the event that the contract for services under this agreement is unable to be performed, because the circumstances in which performance would occur are radically different from those contemplated by the contract (referred to under the Contract and Commercial Law Act 2017 as"frustrated"), the LiveLocal cancellation policy will apply without variation or constraint.

5.    Minimum night stay and occupancy

5.1    A consecutive minimum night stay may apply to the Listing property you are requesting to book.  This requirement is disclosed on the corresponding Listing description as the “Minimum Nights Stay”. Your Host may vary their required Minimum Night Stay at any time. You will be notified by your Host of any changes to this requirement, prior to your booking request being accepted. Examples of when such changes may occur are public holidays, local events, or seasonal fluctuations.

5.2    An accepted booking is valid for the number of occupants mutually agreed with your Host.  Agreement of the number of occupants must be made in writing via the LiveLocal message system, prior to check-in day. Bookings must not exceed the maximum number of occupants specified on the Listing description or differ from the type of occupants allowed by the property (pets, infants or children), unless agreed with your Host by prior arrangement.

5.3    You may not bring any additional individuals to the Listing property during your stay, unless agreed with your Host by prior arrangement. If requested by your Host, you agree to pay for any applicable additional guest fees, determined by your Host, as a result of any unauthorised additional individuals found to be residing at the Listing property during your stay (“Additional Guest Fees”).

6.    During your stay

6.1    As the person responsible for making the booking, you are responsible for leaving the Listing property (including any personal or other property located at the accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Listing property, excluding your Host (and the individuals your Host invites to the Listing property, if applicable).

6.2    You agree to be onsite at the Listing property during the period covered by your booking, unless mutually agreed with your Host by prior arrangement.  You may not assign or otherwise transfer your booking to another party, without the written consent of your Host.

6.3    You agree to leave the Listing property no later than the checkout time specified by your Host in the Listing description, or such other time as mutually agreed upon you and your Host.  If you stay past the agreed upon checkout time without your Host’s consent (“Overstay”), you will no longer hold a licence to stay in the property and your Host is entitled to make you leave in a manner consistent with applicable law.  If requested by your Host, you agree to pay, for each three [3] hour period that you Overstay, an additional fee of up to fifty percent [50%] of the average nightly Booking Fee originally paid by you, to cover the inconvenience suffered by your Host, plus any fees, taxes and legal expenses incurred by your Host to make you leave (collectively, “Overstay Fees”).  

6.4    You acknowledge that you are solely responsible for compliance with any and all laws, rules, regulations and obligations that may apply to your use of the Listing property and that you will not assist or enable others to (i) breach or circumvent any applicable laws or regulations; (ii) register or use any Payment Method that is not yours or that you do not have authorisation to use; (iii) avoid, bypass, remove, or otherwise circumvent any measure taken by LiveLocal to obtain payment for Booking Fees, Overstay Fees, Damage Claim Costs or Additional Guest Fees owed by you in accordance with these Terms; (iv) take any action that damages or adversely affects the proper functioning of the LiveLocal system or the Listing property; (v) or violate or infringe anyone else’s rights or otherwise cause harm to anyone during your stay.

7.    Security deposits and damage claims

7.1    Prior to accepting a booking request on the LiveLocal website, your Host reserves the right to request a refundable Security Deposit, at terms acceptable to your Host and subject to any legal requirements that may apply under the Residential Tenancies Act 1986.  LiveLocal is not responsible for requesting, administering, or refunding such Security Deposits, as the expectation is that they will be transacted outside the LiveLocal payment system.

7.2    You will advise your Host, as soon as possible before your departure, of any loss or damage that has occurred at the Listing property during your stay.  You will be responsible for the full costs, both direct and consequential, for repairing or replacing all damage to the Listing property and/or its contents, any lost income, or any other costs incurred by your Host or LiveLocal (collectively “Damage Claim Costs”).  You agree that Damage Claim Costs will become payable in the event that (i) you agree in writing to pay your Host in connection with a Damage Claim, or (ii) your Host determines that you are responsible for damaging the Listing property and/or its contents.

8.    Collections

8.1    You hereby authorise LiveLocal and your Host to collect any and all Overstay Fees, Damage Claim Costs or Additional Guest Fees by (i) deducting amounts from the Security Deposit you have paid to your Host (if applicable), or (ii) by authorising LiveLocal to charge the Payment Method used to make your booking.  If LiveLocal is unable to collect the full amount of such costs from your Security Deposit or Payment Method, you agree to (i) manually pay any Invoice Charge raised by LiveLocal through the Stripe payment system, or (ii) respond to a lawful request for payment, as a result of a successful claim made by your Host through the Disputes Tribunal of New Zealand.

9.    Scope and indemnity

9.1    LiveLocal is an online marketplace that enables registered users (“Members”) to publish Listings and to communicate and transact directly with Members that are seeking to book such Listings.

9.2    As the provider of the marketplace, LiveLocal does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings.  Hosts alone are responsible for their Listings. When Members of the platform make or accept a booking, they are entering into a contract directly with each other. LiveLocal is not, and does not become, a party to or other participant in any contractual relationship between Members, nor is LiveLocal a real estate broker or insurer. LiveLocal is not acting as an agent in any capacity for any Member.

9.3    LiveLocal, it’s representatives, or your Host will not be liable for any event beyond their reasonable control, or for any loss or damage that you or another person suffers, or for any damage to the property, during your stay.

9.4    You are solely responsible for the accuracy and completeness of the Payment Method provided at the time of your booking request. LiveLocal and your Host are not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.

9.5    To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold LiveLocal, it’s representative, and your Host 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; (ii) your improper use of the Listing property; or (iii) your breach of any laws, regulations, or third-party rights.

B.   Review Policy


1.      Introduction to our review policy

1.1    Reviews are an important source of information for consumers, which is why we are absolutely committed to ensuring continued compliance with the New Zealand Fair Trading Act 1986, by ensuring Reviews are based upon genuine consumer feedback.

1.2    Our review policy sets out how we will publish and manage any and all content related to Reviews published by users of the LiveLocal website. This Policy does not limit or exclude any rights under New Zealand laws. If you wish to seek further information on these laws, see www.consumerprotection.govt.nz.

1.3    By posting a review on the LiveLocal website, you agree to abide by our review policy. We reserve the right to remove any content, in whole or in part, that does not comply with these Terms or the New Zealand law. In the event of repeated noncompliance with our review policy, we may suspend or permanently deactivate the LiveLocal account(s) in question.

1.4    If you have any questions about how we administer our review policy, or would like to report review content that appears to violate this policy, please reach out and Contact Us.

2.    Requirements for ratings and reviews

2.1    Within fourteen [14] days after completing a booking, Guests and Hosts can leave a public written Review ("Review") and submit a simple “thumbs up” or “thumbs down” rating about each other (“Ratings"). The author of a Review must be 18 years of age and must be able to confirm their identity if required by LiveLocal.

2.2    Reviews are published within the user profile of the person who received them. Star ratings are calculated as an average of the “thumbs up” or “thumbs down” ratings received.

2.3    Ratings and Reviews reflect the opinions of individual users of the LiveLocal website and do not reflect the opinion of LiveLocal. Ratings and Reviews are not independently verified by LiveLocal and therefore may be incorrect or misleading. LiveLocal relies upon the vigilance of the user community to report any incorrect or misleading content.

2.4    Ratings and Reviews by Guests and Hosts must be unbiased (para 2.5), pertinent (para 2.6), factual (para 2.7), and free from any offensive or defamatory language (para 2.8).

2.5    Users are prohibited from manipulating the Ratings and Reviews system in any manner that would lead to a biased Review or Rating. Therefore, LiveLocal expects that users will not (i) instruct a third party to write a positive or negative Review about another user or listing, (ii) post Reviews of a listing or user to which they are affiliated, (iii) incentivise positive Reviews with the promise of compensation, (iv) threaten a negative review to manipulate a desired outcome (i.e. extortion), or (v) accept fake bookings in exchange for positive Reviews.

2.6    Users are prohibited from publishing content within the Review system that is not pertinent to the user or listing to which it refers. Therefore, LiveLocal expects that users will not include comments in Reviews that (i) include personal information about an identifiable individual (i.e. as defined by the Privacy Act 1993), (ii) include specific information in relation to a booking or dispute resolution (i.e. physical address, price paid or cancellation refund), (iii) are unrelated to the booking for which the review is being given, (iv) refer to circumstances outside of another’s control (i.e. weather), (v) refer to expectations that are not realistic or consistent with the advertised listing (i.e. comments on a lack of free breakfast when it was not advertised as an available amenity), or (vi) contain commentary about an individual person’s social, political or religious views.

2.7    Users are prohibited from publishing content within the Review system that is not factual, which for the purpose of these Terms, this means any content that is proven to be fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive. In all instances, where the factual basis of a review is challenged, we expect the author of a review to stand behind the content of their review and provide supporting evidence where required.

2.8    In all aspects of content on the LiveLocal website, including Reviews, LiveLocal requires that such content be free from offensive or defamatory language. For the purpose of these Terms, this includes any content that is (i) defamatory, libellous, obscene, pornographic, vulgar or offensive, (ii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, (iii) is violent or threatening or promotes violence or actions that are threatening, or (iv) promotes illegal or harmful activities or substances.

3.   Dispute moderation for reviews

3.1    We believe that a healthy review system is one that respects and protects consumers genuine feedback. For this reason, we take the removal of any part of a review very seriously. Reviews and Ratings will only be removed if the content is in violation of these Terms.

3.2    If Review content is removed, LiveLocal may invite the author(s) to provide a replacement Review, if this is deemed appropriate (i.e. if the violation of Terms appears unintentional). If LiveLocal determines that there is a high likelihood of repeated noncompliance with these Terms, no offer of a replacement Review will be given.

3.3    While it is technically possible to leave a review for a cancelled reservation, we will remove such Reviews on request if they are found to violate these Terms. We also ask that users keep review comments specific to their experience, as opposed to commenting on the outcome of any refund processed as a result of adhering to the LiveLocal cancellation policy.