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.