Terms and conditions of use

Whether you are a holiday property owner (‘Owner’) wishing to advertise your property on the Find Holiday Villa website (the ‘Website’) or a holidaymaker wishing to search for or rent a holiday property (‘Renter’), by using or accessing the Website, you acknowledge that you accept the following Terms and Conditions (the ‘Terms’) which constitute a legally binding agreement.

If you do not fully agree to our Terms then you may not access or use the Website.

These Terms apply from April 2009.

1. This Website is a Venue

1.1 WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION. We do not own nor can we enter into any contract concerning any property listed on the Website.

Instead, the Website acts as a venue to allow an Owner to rent their holiday rental property or properties to Renter. We are not involved in the actual transaction between Renters and Owners even though we may occasionally provide tools that enable a Renter to enter into a transaction to rent a specific property directly from the Owner.

1.2 The quality, safety or legality of the properties advertised on the Website, together with the truth or accuracy of the listings or guest book reviews and the ability of Owners to rent holiday properties is solely the responsibility of the Owners and the ability of Renters to pay Owners to rent holiday properties is solely the responsibility of the Renters.

2. Personal Use

2.1 Although we charge Owners to advertise their holiday rental properties on the Website, we do not charge Renters to access the Website and research our holiday property listings. Accordingly, we grant Owners and Renters (the ‘Users’) a limited, revocable, non-exclusive license to access the Website to either advertise holiday rental properties and/or research, view or make legitimate enquiries to Owners regarding their interest in particular holiday rental properties for their personal use, all in accordance with these Terms. Any other use of the Website is expressly prohibited.

3. Proprietary Rights and Downloading of Information from the Website

3.1 The content of the Website (including images, text, files, maps and other materials) is only for personal use and, together with the Website itself, is protected by copyright and database rights. You agree to abide by any and all additional copyright notices, information, or restrictions contained in or relating to any content on the Website.

3.2 Copying or storing of any content for other than for personal, non-commercial use is expressly prohibited without prior written permission from Find Holiday Villa or the applicable copyright holder.

4. Website or Services Availability

4.1 We may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website features, database, or content, where we have legal, commercial or technical reasons to do so. We may also impose limits on certain features or services or restrict your access to parts of or the entire Website for similar reasons.

4.2 We cannot guarantee continuous access to the Website or any of its specific features. There may be times when the Website becomes inaccessible as a result of technical difficulties. Where these difficulties are within our control we will make reasonable effort to overcome them.

4.3 We do not accept liability to the Owner for any consequential, incidental or indirect damages, including lost profits, which arise after any period of downtime.

5. Privacy Policy and E-mail Marketing

5.1 By becoming a Renter, you agree to receive e-mail marketing communications from us relating to our products and services. Each e-mail marketing communication will, in line with prevailing legal requirements, offer the opportunity to opt out of receiving future communications.

5.2 Our Privacy Policy provides further information concerning our information collection practices. Your use of the Website acknowledges your agreement with our Privacy Policy.

6. Identity Verification

6.1 It is difficult to verify all users of this Website on the Internet and we cannot confirm each user´s identity. We encourage Owners and Renters to communicate directly each other using the means available on the Website.

7. Limitation to use of User´s Information

7.1 In respect of other users´ personal information that you obtain through the Website or through any Website-related communication you may only use such information for the purpose of Website-related communications that are not unsolicited commercial messages; offering services through the Website; facilitating a financial transaction between you and the other user and any other purpose that is agreed between you and the other user.

7.2 You must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. You must not disclose personal information about another user to any third party without both our consent and the consent of the other user.

7.3 You agree that other users may use your personal information to communicate with you in accordance with this provision.

7.4 We do not tolerate spam and therefore you may not add a Website user to your mailing list without their express consent, even if you have previously transacted.

8. Responsibility for content provided by Owners

8.1 We have no duty to screen content posted on the Website by Owners, Renters or other users. We do, however, reserve the right to decline to permit the posting on the Website of, or to remove from, any user-contributed content that fails to meet our content requirements.

8.2 All property listings on the Website are submitted by the Owner and are the responsibility of the Owner, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, or any alleged breaches of contract on an Owner´s part.

8.3 Owners are solely responsible for keeping their property information up to date on the Website, including the availability calendar.

8.4 Owners are solely responsible for ensuring the accuracy of any property descriptions. However, we reserve the right at all times to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request.

8.5 We rely upon users to notify us of infringing content, activity and communications. If you see any content that appears to infringe any requirement of these Terms, we would like you to inform us .

9. Disclaimer

9.1 The Website will be provided with reasonable care and skill but we cannot guarantee that the Website will meet your requirements, including, without limitation, the availability or speed of delivery of the Website; any of its features or content; any communication through the Website or any transaction you may enter into with other users.

9.2 You acknowledge that any transmission to and from this Website is not confidential and your communications may be read or intercepted by others.

10. Indemnity

10.1 In the event that you have a dispute with any other users you hereby agree to indemnify us against all liabilities, claims and expenses which arise in connection with that dispute.

11. Governing Law

11.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.

12. Amendments to Terms

12.1 We reserve the right to change these Terms from time to time. When we do so, we will notify users that the new Terms are on the Website.

13. Links to Third-Party Websites

13.1 Links to external websites are provided which may be of use to users of this Website but their inclusion does not imply endorsement of the material on such sites, neither are we responsible for the accuracy of the material on those websites or for any goods/services they may provide and cannot guarantee that these links will work all of the time.

14. Contact

14.1 This Website is provided by Find Holiday Villa, Suite B, 29 Harley Street, London, W1G 9QR, England. We are operated by Core Media Design Ltd, a company registered in England and Wales registration no. 6557241. Our VAT registration number is GB 930 8084 29.

Additional Terms and Conditions for Owners

15. Provision of Proof

15.1 Each Owner agrees to provide proof of personal identification, proof of ownership of the property listed on the Website, and proof of authority to list the property as may be requested by us.

16. Website Layout, Content and Photographs

16.1 Find Holiday Villa reserves the right to control the design, layout and functionality of our Website.

16.2 We reserve the right to review and edit Owner´s property listing copy or amend the any layouts or photographs supplied by any Owner. All content and photographs submitted by Owners are subject to review and approval by us.

16.3 We do not accept liability for any loss or damage resulting from the design or positioning of the content and/or photographs or any edits or changes made by us to any content or photographs submitted by any Owner.

16.4 Any printed photographs submitted by an Owner will be scanned and then discarded after we have saved them to our computer based database. We are unable to return printed photographs or retain copies in our files.

16.5 By submitting a photograph either by e-mail or by postal mail, the Owner warrants that they own all intellectual property rights with respect to each submitted photograph, or that they have secured all rights necessary for the photograph to be used in an online advertisement from the copyright holder. The Owner must also warrant that any people in the photographs have given permission to be displayed in an online advertisement.

16.6 All photographs must accurately represent the subject shown in that photograph and must not have been altered in any manner that could mislead a viewer.

16.7 Owners agree to the reproduction in whole or in part of any photographs supplied to aid the promotion of their property or the promotion of the Website.

17. Substitution of Properties

17.1 Each listing whether Standard or Premium, only relates to one specific property. The property in a listing may not be substituted by another property. If an Owner submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.

18. Advertising More than One Property on One Listing

18.1 Each listing on the Website displays an individual property available for holiday rental. Only one property may appear on each listing. We reserve the right to amend the copy or remove any listing when more than one property is described in one listing and we reserve the right to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.

19. Unauthorised Payment Methods

19.1 No Owner may request any Renter to send them cash, or use any instant-cash wire transfer service, e.g. Western Union, in part or full payment for a property rental transaction. Any violation of this term may result in the immediate removal of the listing from the Website without notice to Owner and without refund.

20. Termination of Advertising

20.1 Owners wishing to change or cancel their listing may login to their PayPal account and cancel their payment subscription. Once this has been done, the listing will become inactive after the next renewal date and no further action will be required.

20.2 We reserve the right to refuse any listing submitted to us. We may refuse to publish the listing for any reason, and the Owner expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.

21. Distance Selling

21.1 Owners creating a listing agree that the listing may be placed a short time after you provide you agree to create it. As a result you do not have the right to cancel your agreement to create the listing during the cooling-off period which is provided for certain transactions under the Consumer Protection (Distance Selling) Regulations 2000.

22. Taxes

22.1 We are legally required to charge VAT on our fees at the prevailing rate to Owners who are either resident in the UK or who are private individuals resident in the EU.

22.2 If you are an Owner resident outside the EU then VAT will not be charged.

22.3 If you are an EU resident Owner (except in the UK) and can confirm that you rent property on a regular basis to generate income, then we will not charge UK VAT on our listing fees. In this case you may be required to account for VAT on our fees in your local jurisdiction. Residency is interpreted for VAT purposes as the country where the individual has set up home and is in employment.

22.4 All Owners, whether operating as a business or not, are responsible for charging and accounting to the relevant authorities for taxes, including VAT where applicable, on the rental payments received.