Thank you for visiting holidayrentalhomes.com. By using or accessing holidayrentalhomes.com (“the Site”) whether you are a property owner or agent (an “Advertiser”) placing adverts on the site or a person using or accessing our site other than to place an advert for your holiday home (a “Renter”) both collectively known as “Users”, you hereby acknowledge that you are bound by the following terms and conditions (the “Terms”).
Please read through them carefully, as they constitute a legally binding agreement and as such you are contracting with holidayrentalhomes.com Ltd (“We” or “Us”). We are informing you of the basis on which you may make use of our site. If you do not fully agree with these Terms, please do not use our Site.
These terms are valid from January 2010.
Information about Us
Our Site is operated by holidayrentalhomes.com Ltd, trading as “holidayrentalhomes.com”. We are registered in England and Wales under company number 7107858 And have our registered office at 9 Limes Road, Beckenham, Kent BR3 6NS. We control the data for the purposes of the Data Protection Act 1998.
The holidayrentalhomes.com holiday home rental site is an advertising medium
We are not party to any rental transaction we purely act as an information medium for Advertisers and Renters. We do not own, inspect or provide content for any of the properties advertised on our site, unless expressly stated by exception in the advertisement. We have absolutely no involvement in the booking process or transaction, although some of the tools we provide may enable the transaction between the Advertiser and the Renter. We cannot enter into a contract with any of the properties on our Site. We make no claims, representations or warranties as to the quality, safety or legality of any of the properties advertised. Nor can we underwrite the accuracy of the listings (including the content thereof, or any property or guestbook review), the ability of the Advertisers to rent the property or the financial ability of Renters to pay for the rental of the properties which are the sole responsibility of the Users.
Limitation of Liability and Responsibility
Whilst we require Advertisers to advertise properties truthfully, fairly and accurately, and we take reasonable steps to remove advertisements from our Site following any complaint we deem to be legitimate at our discretion from a User, we have no control over Users.
In recognition of this, you the User agree to waive any claim you may have against Us that is in any way connected with a dispute you have with any other User of the Site; and you agree to compensate us for any losses or liability suffered as a result of any claim against us by another user or any third party as a result of your use of our Site or in relation to your dealings with other users and third parties.
We disclaim all liability and responsibility arising from reliance by any User of our Site or by anyone who may be informed by any of its Contents, placed on any advertisement, commentary or other materials posted on our Site.
Although we will use our best endeavours to prevent intentional misuse of our Site and the dissemination of harmful programs via our site, we will not be liable for any loss or damage caused by intentional misuse of our site or the distribution of viruses, Trojan horses, worms, time-bombs or other technologically harmful material that may infect the User’s computer equipment, programs, data or other proprietary material due to the User’s use of our Site.
If we are in breach of these terms, we will only be responsible for any losses the User suffers as a result and to the extent that they are a foreseeable consequence for both of us at the time the User uses the Site. Our liability shall not in any event include business losses such as lost data, lost profits, or business interruption.
If the User is dissatisfied with the Site or disagrees with any part of these Terms, then their sole and exclusive remedy against Us is to stop using the Site. In all events, our liability to the User or any third party in any circumstance arising out of or in connection with the Site is limited to the greater of (a) the amount of fees the User has paid Us in the six months prior to the action giving rise to liability, and (b) £100 in the aggregate.
This does not affect our liability for fraudulent misrepresentation or if something we do negligently causes death or personal injury, nor any other liability which cannot be excluded or limited under applicable law.
Internet safety
Users should always be mindful to the nature of advertisements and contracts transacted over the Internet. Although we actively encourage communication and contact between Advertisers and Renters it may well be the case that you never directly speak or meet, therefore it is imperative that you proceed with care and judgement when using our Site.
Personal Use
Although we do charge Advertisers a fee for placing their advertisement on our site, we do not charge Renters to use the Site. As such we grant Users a non-exclusive, revocable, limited, license to access the Site to as applicable; advertise holiday rental properties; research; view or make legitimate enquiries to Advertisers regarding their interest in particular holiday rental properties for their personal use, in accordance with these terms. Any other use of the Site outside of these terms is expressly prohibited.
This license does not include any right of duplication, copying, collection, aggregation, display or any derivative use of the Site nor any right to use data mining, robots, spiders or similar data gathering and extraction tools without prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they comply with our robots.txt file and do so from a static IP address or range of IP addresses using an easily identifiable agent. “General purpose internet search engine” does not include a website or research engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing holiday property rental service.
The text, files, images, photographs, maps and other material on the site (collectively the “Content”) are only for the Users personal use. All content on the Site and the Site itself is protected by copyright and database rights, and the user will be bound by any and all additional copyright notices, information, or restrictions contained in or relating to any Content on the site. Copying or storing of any of the Content other than for your personal non-commercial use is expressly prohibited without our written permission or the applicable copyright holder’s permission. As part of the rental enquiry process, for your own, non-commercial use, the User is permitted to print one (1) copy of any part of the site. The User may not change this and must highlight our copyright notice “© 2010 holidayrentalhomes.com Ltd. All Rights Reserved” as displayed on the relevant portion(s) of the Site that the User wishes to download, display or print.
Users may forward material for personal non-commercial use from our Site to third parties if you confirm that you have obtained prior consent to receiving material from our Site from any third parties to whom you send material. Such third parties will be bound by these Terms.
Unauthorised use
Unless otherwise stated in these Terms, you may not do any of the following without prior written consent:
- Copy, post, upload, distribute, display, republish, reproduce or transmit any part of the content in any form whatsoever;
- Reproduce any part of our Site and place it on the User’s site;
- Reverse engineer the site or part of it;
- Use the site to make false, fraudulent or speculative reservations in anticipation of demand;
- Post or transmit any unlawful, threatening, abusive, pornographic, libellous, defamatory, obscene, vulgar, indecent, inflammatory, profane material or any material that would constitute or encourage conduct that could be considered a criminal offence, cause civil liberty issues, or violate any law or for any other purpose than to comply with these Terms;
- Post information that the User knows to be untrue or is misleading;
- Upload to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time-bombs or other technologically harmful material that may infect the User’s computer equipment, programs, data or other proprietary material due to the User’s use of our Site;
- Use or access the Site in a way that adversely affects the smooth running or function of the Site, or any other computer systems or networks that are used by Us or the Site, or in any way infringes upon our or our Users’ copyright.
Alterations to the site and interruptions to our service
We may change, suspend or discontinue any part of the Site at any time, including some of the Site features, database or content where there is a legal, technical or commercial reason to do so. The User’s access may be limited or restricted to certain parts of the site for similar reasons.
Whilst we take every care to maintain the continuity of the service, the Internet is not always stable and errors, omissions, interruptions of service and delays may occur at any time. As a result We do not accept any ongoing obligation or responsibility to operate our Site or any particular part of it.
We will not be in breach of these Terms, or liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including without limitation to, strikes, lock-outs, and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Links from our Site
Where our Site contains links to other resources and Sites, they are provided for information only. We have no control over these resources or sites and therefore accept no responsibility for them or for any loss or damage that may arise from your use of them.
User identity and password safety
We cannot and do not purport to confirm every User’s identity and we therefore suggest that Users communicate directly with each other through the tools offered in the Site.
It is the User’s responsibility to keep their password and online ID secure whilst keeping it strictly confidential to all but authorised users of the account. Every authorised User has the same responsibility to not disclose it to any unauthorised person. The User must notify Us immediately and select a new online password if they suspect that the password has become known to an unauthorised User and must contact Us immediately if they are contacted by anyone requesting their online ID or online password. When the User gives the online password and online ID they are authorising that person to access and use their account. The User is responsible for all any and all transactions that person performs whilst using the User’s account, even those transactions that are fraudulent or that the User did not intend or want to perform.
Each User acknowledges and agrees that We will not have any liability to any User for any unauthorised dealing made using any User’s password that occurs before We were notified of the possible unauthorised use of said password and we have had time deemed as reasonable to act on that notice.
Each User acknowledges and agrees that the unauthorised use of their online ID and password could cause them to incur liability to both the Site and other Users. Additionally we may suspend or cancel the User’s advertisement at any moment without receiving notification form you if We suspect that User password is being used in a fraudulent or unauthorised manner.
No Spam
We do not tolerate spam. Therefore you are not permitted to add a Site User or even a User who has rented a holiday home from you or to you, to your mailing list (email or postal) without the express consent of the User.
No Agency or partnership
Our relationship is that of independent contractors and nothing in these terms or in the User’s use of the Site is intended to establish any partnership, joint venture or agency between us
Choice of Law and Jurisdiction
This Agreement is governed by the law of England and Wales and the courts of England and Wales will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Site. We retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.
Notices
Any notices that the User wishes to send to Us should be emailed to legal@holidayrentalhomes.com. Or sent by post to: Legal, holidayrentalhomes.com Ltd, Talbot House, 17 Church Street, Rickmansworth, Hertfordshire, WD3 1DE.
Any notices that we may wish to draw to the User’s attention will be displayed on our Site or through our newsletter communications.
User eligibility
Our services may only be used by Users who can enter into legally binding contracts under applicable law. If you are registering on behalf of a business you are doing so in the capacity that you have authority to bind this commercial entity to this agreement.
Upon request you must provide us with proof of personal identification, proof of ownership of the property advertised on our Site, and proof of authority to list, to offer for rent and to rent the property.
Each Advertiser represents and covenants that they; will not wrongfully withhold a rental deposit or fail to give a refund in accordance with the underlying rental agreement; that they will accurately describe the rental property and will disclose any material defects; that they will not wrongfully deny access to the advertised property.
Content, Layout, Positioning and Copy
Prior to the activation of an advertisement all content that is submitted by an Advertiser is subject to our approval. As part of that process and on an ongoing basis we reserve the right to review and amend content and photographs supplied. We reserve the right to determine the design, layout and functionality of the Site.
However, notwithstanding that right We do not accept and We shall have no liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made by Us.
Photographs
If the User sends Us printed photographs we are unable to return them once they have been scanned into our systems.
By sending photographs by email or post the User warrants that they have full intellectual property rights over them; or they have permission from the copyright holder for them to be used in an advertisement, and that they represent the property accurately and fairly and have not been altered in any manner so as to mislead the Renter.
Copyright Grant
By submitting photographs and copy and placing and paying for a an advertisement on our Site the Advertiser grants Us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up sub license to use, copy, license, sub license, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy and the photographs that they place on our Site.
Whilst We will use our best endeavours to stop unauthorized redistribution by unaffiliated third parties we will not be held responsible for any infringement or violation as such the User waives and releases all rights to claim against Us for such violations and infringements.
Multiple properties
The User agrees that a property advertisement on our site relates to one (1) holiday home and not multiple homes, nor an example of holiday homes in a certain region. Only one self-contained holiday home should be represented in an advertisement unless (1) prior permission has been give by us (2) additional advertisements are purchased
Multiple Co-located properties and adverts
Co-located homes (classed as a group of properties available for rental that are on the same site or complex, advertised by the same advertiser that can be rented individually or in combination) can be advertised using upwards from two Co-located property adverts. Further adverts can be added to your set to showcase the option of renting homes in combination; this is known as a group advert. Within the set each home must have its own advertisement page.
We reserve the right to amend the copy or remove the listing when more than one property is described in such listing and may choose to retain fees associated with the initial term of such non-conforming listing as compensation for the administration associated with rectifying the violation of this condition
Replacement of one property with a substitute
A holiday home rental advertisement on our Site relates to a specific property and this property must not be exchanged for another by way of changes to the copy or photographs unless prior permission has been granted to the Advertiser.
We reserve the right to remove the listing when a property is substituted in such a listing and may choose to retain fees associated with the initial term of said non-conforming listing as compensation for the administration associated with rectifying the violation of this condition.
Availability calendar accuracy
The Advertiser agrees to ensure that the availability calendar accurately reflects the availability for the advertised property at the time the calendar is updated. We reserve the right to withdraw the calendar facility or terminate the advertisement if such misrepresentations of availability occur and may choose to retain fees associated with the initial term of such non-conforming listing as compensation for the administration associated with rectifying the violation of this condition.
Availability calendar updating
The Advertiser agrees to update availability calendars on a minimum time period of one (1) week. This includes confirming that there have been no changes in that period. Failure to update at the required frequency not only affects the performance of the User’s advertisement but also the User search experience.
We reserve the right to withdraw the calendar facility or terminate the advertisement if such misrepresentations of availability occur and may choose to retain fees associated with the initial term of such non-conforming listing as compensation for the administration associated with rectifying the violation of this condition.
Termination of an advertisement
All advertisements are sold to run the full term that is chosen by the Advertiser. If an Advertiser wishes to have their advertisement terminate before the full term is up the Advertiser must send Us a formal notice by email using the “contact us” page on the Site, quoting their advertisement ID or home phone number and Password ID. No refunds will be given.
If we receive substantiated complaints from any number of Site Users about a specific advertisement misrepresenting the property, or its surroundings, or the inappropriate behaviour (including double booking of a property for multiple Renters on the same date) of an Advertiser then we reserve the right to remove the advertisement without notice. No refund will be given.
If, in our opinion an Advertiser submits unsuitable material on our Site or in our database, persistently misuses the site or our systems, or is in material breach of these Terms, then We reserve the right to remove immediately the advertisement from the Site without refund.
We reserve the right to refuse any advertisement submitted to Us either online or via the postal system to be placed up on to our Site. We may refuse to publish the advertisement for any reason and each current or prospective User expressly agrees to waive any rights to hold Us liable for any loss or liability that may arise from such a decision.
If any Advertiser is in breach of these terms or its obligations then we may remove the advertisement for the Site without notice to the Advertiser and without refund.
Distance selling
When an Advertiser places their advertisement on our site, and pays for their advertisement, they are agreeing to the advertisement being posted on the site shortly afterwards. As such Advertisers do not have the right to cancel their agreement to place the advertisement on our Site during the cooling-off period which is provided for certain transactions under The Consumer Protection (distance selling) Regulations 2000.
Advertiser’s availability to be contacted
In order to ensure a high level of service to prospective Renters using the Site, We require all Advertisers to be contactable by phone or email to respond to enquiries. If Advertisers are unavailable for more than 48hrs, they must leave an answer phone message or automated email response to that effect stating the date from when their availability ceases and when they will be back in communication. If this is not possible then we ask Advertisers to contact Us and We will temporarily suspend their advert. We reserve the right to suspend advertisements from Advertisers who are unreachable for more than a week. In this instance We will contact the Advertiser by phone or email to contact Us on their return and we will reinstate their advertisement.
We reserve the right to permanently remove advertisements from Advertisers who are persistently unreachable with no refund.
Guestbook and reviews
All entries in the guestbook or property review section must be genuine review from Renters who have rented the User’s holiday home. The email address(es) of the Renter(s) whose comments are given must be supplied by an Advertsier to Us upon request.
External links
We reserve the right to refuse hyperlinks to, or addresses of, other websites from Advertiser’s pages and to remove links or web addresses without notice. Furthermore we reserve the right to charge for hyperlinks at any time and/or to remove and cancel the advertisement without refund.
Payment details
No adverts will be activated without payment having been received in full.
If payment is being made by credit or debit card then this can be done online by RBS WorldPay, our online card payment provider.
If you are sending a cheque please address it to: Property Advertisement Department, holidayrentalhomes.com Ltd, Talbot House, 17 Church Street Rickmansworth Hertfordshire, WD3 1DE.
For payments made to us by bank transfer and/or in a foreign currency, an administrative charge of £10 will be applied on each and every transaction to cover the bank charges incurred.
Unauthorised payment methods
No Advertiser should request payment from a Renter via an instant cash wire transfer system such as Western Union or Moneygram transfer. Neither may they request payment by cash sent by post. Such actions may result in immediate termination of their advertisement without notice and without refund.
Payment to Advertisers should be accepted via credit card, cheque, bank transfer or PayPal.
Value Added Tax
Our services fall within Schedule 5 of the VAT Act 1994. We are legally required to charge VAT on our fees at 17.5% to Advertisers who are either resident in the UK or are a business registered in the UK.
If you are an Advertiser resident outside the UK, VAT will not be charged as our services are outside the scope of UK VAT when provided to you.
Please note that all Advertisers are responsible for charging and accounting to the relevant authorities for taxes (including, where relevant, VAT) on the rental payments they receive.
Changes to prices and conditions
We reserve the right to change rates and conditions without notice. Any new rates will be applicable immediately for all new advertisements and renewals for both new and existing Advertisers.
Variations
We reserve the right to amend these Terms at any time by amending this page or by publishing notices elsewhere on the Site.
Invalidity
These Terms are intended to constitute the entire agreement between Us and the User with respect to the use of the Site. We may terminate any User’s access to or use of this Site immediately due to said User’s breach of these Terms or other unauthorised use of the Site. If for any reason we do not exercise or enforce any right or provision of these Terms this does not constitute a waiver of these Terms and they remain in place. If for any reason a court of competent jurisdiction finds any provision within these Terms, or part thereof, unenforceable that provision shall be deemed severed and the remainder of these Terms shall continue in full force and effect.
Your record of these Terms
We do not document Terms separately for each individual User of the Site. Therefore it is the User’s responsibility to make a copy of these terms for your records by printing and or saving a downloaded copy of these terms on your personal computer.
