Terms and Conditions
Terms and Conditions For Advertisers and Holidaymakers
Please read the Terms and Conditions thoroughly before using our Site.
We are an advertising service for Advertisers (Holiday-home Owners) and an Accommodation Search Facility for Holidaymakers.
Advertisers and Holidaymakers are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site and any transaction they enter into in connection with their use of the Site.
No-one else, other than Advertisers and Holidaymakers, should be using this Site.
These Advertisers / Holidaymakers Terms and Conditions constitute a legally binding agreement between Holiday Home Owners Direct and the Advertiser and the Holidaymaker. By using or accessing the Site you acknowledge that you agree to and are subject to the Advertisers / Holidaymaker Terms and Conditions. If you do not fully agree to these Terms and Conditions, you are not authorised to access or otherwise use the Site.
The â€˜Siteâ€™ is a place where Holidaymakers can view listings of, and obtain information about, properties offered for rent by Advertisers. The Site acts only as a venue for users to interact with each other. Holiday Home Owners Direct is not, and does not become, a party to any contractual relationship between the Holidaymaker and the Advertiser, and does not mediate between the Holidaymaker and the Advertiser in the event of any dispute arising between them.
For the avoidance of doubt, we never act as a principal in connection with any of the transactions or services available on or through our Site. As between the Holidaymakers and Holiday Home Owners Direct, nothing in this Agreement or in their use of our Site creates or is intended to establish, any agency relationship, partnership or joint venture between us and Holidaymakers.
In recognition of this, Advertisers acknowledge that any claim they may have that is in any way connected with a dispute with a holidaymaker sourced through our site must be brought directly against that holidaymaker and not against us, Holiday Home Owners Direct.
Similarly, any claim that a Holidaymaker has in any way connected with a dispute with an Advertiser advertising on our site must be brought directly against that Advertiser and not against us, Holiday Home Owners Direct.
Holiday Home Owners Direct does not authorise anyone to register with this Site unless they are able to enter into legally binding contracts.
Holiday Home Owners Direct may revise these Terms and Conditions at any time by posting an updated version to this web page. You should visit this page periodically to view the most current Terms and Conditions because they are binding on you.
We do not own nor have we inspected nor do we have any control whatsoever over any property listed on our site and we make no representations or warranties regarding any of the properties.
While we require Advertisers to advertise properties truthfully, fairly and accurately, and we take reasonable steps to remove advertisements from our site following any complaint from a Holidaymaker or another Advertiser, we have no control over the accuracy of any advertisement or the capacity of any Advertiser to make a booking with a Holidaymaker.
We make no claims, therefore, as to the quality, safety or legality of any of the properties advertised. It is the sole responsibility of the Advertiser to be eligible to rent the property and the sole responsibility of the Holidaymaker to pay for the rental.
As such, we disclaim all liability and responsibility for any loss or damage (including personal injury) suffered or incurred by you or another party arising from any matters whatsoever
Consideration should always be given to the nature of advertisements and contracts transacted on the Internet, and the risks involved. Although direct contact between Advertisers and Holidaymakers in relation to a booking should occur you must also proceed with care and judgement when using our Site.
Some countries require owners to buy licences to rent out their properties in an official capacity. Owners and holidaymakers should note that as a simple advertising â€˜space providerâ€™ we do not take responsibility for checking to which country this applies and categorically state that owners take responsibility for ensuring that they are operating within the legal parameters of their respective areas legislation.
You must not copy, transmit, modify, republish, save, pass off or link to any content or material on our Site. Advertisers and Holidaymakers shall not use our site for any marketing or advertising purposes which are not permitted by us. Any such use of our Site shall, in our discretion, result in us refusing to list any property and/or discontinuing the ability of the person infringing this provision from using our site.
Additional Terms and Conditions Specific to Holidaymakers Using this Site
The Site is made up of Property Listings provided by Advertisers. Every aspect of such content in the advertisement is the responsibility of the Advertiser. We have no responsibility for such content as we are merely providing access to the content as a service to you. We are simply providing you with the facility to communicate directly with the Advertiser to enquire about a Property and make bookings with the Advertiser for the rental of such Property. All bookings you make are made directly with the Advertiser and your contract will be with the Advertiser.
Any such contract you have with the Advertiser will govern your right to occupy and use the Property, and may contain obligations to pay additional fees and taxes. Holiday Home Owners Direct is not a party to any such contract and Holiday Home Owners Direct has no liability to you for the Advertiserâ€™s provision of the Property. We do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information in the Listings on the Site or any opinions/content posted by third parties.
As such you the Holidaymaker acknowledge that any issues or disputes you have, in any respect of the property or booking are the sole responsibility of the Advertiser and absolutely nothing to do with Holiday Home Owners Direct.
Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to any Property Listed on the Site, there may be circumstances where we are nevertheless obligated (as we may determine in our sole discretion) to provide information relating to any listing in order to comply with governmental or regulatory bodies investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
Our limitation of liability and responsibility
We act merely as an advertising service through which Advertisers can advertise properties to Holidaymakers and Holidaymakers can search for the properties advertised by the Advertisers.
We will judge the effectiveness of our advertising by how many holiday-homes we can cause holidaymakers to view. It is upon this basis that we limit our liability.
Our promise: We only want satisfied customers using our service. As such we have made a promise to holidaymakers and holiday-home owners, that, under certain circumstances they are contractually entitled to recompense. We have detailed our Promise to Holidaymakers and Advertisers on our Site and we hereby make that promise contractually binding. The limitations on liability relating to our promise include:
- Payment protection to holidaymakers against being scammed out of their holiday booking payment â€“ Please refer to the titled section in these Terms and Conditions (Holidaymakers Payment Protection Against Financial Scamming.) dealing specifically with this aspect of the policy.
- Return of 100% of listing fees to Holiday-home owners who do not benefit from our service. As an advertising Site the term benefit relates to the number of holidaymakers viewing the Advertiserâ€™s property. We will retain a log detailing the visits to our Advertiserâ€™s properties. If we fail to put their advert in a place where it can be viewed by numerous prospective holidaymakers and no-one is visiting their property we will return 100% of the fees that they have paid to us.
- We will in the first instance try to advise on the adverts listing features and how to improve its quality score causing it to rise towards the top of a resulting search list. Whilst we would like to relate this refund to the number of bookings received by Advertisers, it is not possible because we have no control or involvement in setting the price, describing the property, the photographic images of the property, the amenity and location of the property, etc.
- As such the only basis we can use to refund an unhappy customer is if we fail to place their advertisement where it will be seen by prospective holidaymakers.
- Holiday Home Owners Direct will ultimately have sole discretion in terms of whether or not a Holidaymaker or Holiday-home owner qualifies for recompense.
We make our best efforts to avoid intentional misuse of our Site and the dissemination of harmful programs via our Site, we will not however, be liable for any loss or damage caused by any intentional misuse of our Site or the distribution of viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site.
Whilst we make every effort to maintain the continuity of our site, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any on-going obligation or responsibility to operate our site or any particular part of it.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Where a Listing is linked to an automated translation facility, such as Google Translate, it is the Advertisers responsibility to ensure that the resulting translation is accurate, and to correct any deficiencies in it.
If we are in breach of these terms or otherwise liable to you (including, without limitation, for our negligence), we will only be responsible for any direct damages or losses you incur that result from your use of our site up to the value of the fees (if any) that you have paid to us. We shall not be liable for any indirect losses or damages suffered by you. Our liability to you shall not in any event include business losses (which includes without limitation loss or corruption of data, loss of profits or contracts, loss of revenue, loss of anticipated savings in expenditure, or business interruption) as a result of our breach of contract or negligence or otherwise.
We will not be in breach of these Terms and Conditions, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
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.
If you consider any of the content of any images or any other material posted on our Site by any Advertiser to be offensive, discriminatory, defamatory or libellous or otherwise inappropriate, please notify us of such content by sending us details of the content you consider to be inappropriate and the reason why you consider such content to be inappropriate.
Upon receipt of notification that any content is considered to be inappropriate, we will review such content and shall decide whether to remove such content from our site.
Holiday Home Owners Direct does not limit its right to pursue any breech of these Terms and Conditions (or any part thereof) in respect of time and will consider each claim in its own due course.
Law and jurisdiction
This Agreement is governed by the law of England and Wales, and the courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site (although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country).
You agree to comply with all applicable laws, statutes and regulations concerning your use of our Site. Each and every booking carried out as a result of use of our site is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with the law of England and Wales.
If a provision within these Terms and Conditions (or part of any provision) is found illegal, invalid or unenforceable, the enforceability of any other part of these Terms and Conditions will not be affected.
You agree to defend, indemnify and hold harmless Holiday Home Owners Direct and its equity holders, officers, directors, employees and agents against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought or occasioned by third parties alleging, arising out of, or in connection with: (a) any material or content you provide to the Site; (b) your use of any content on the Site; (c) any breach by you of these or (d) your use of the Property. Holiday Home Owners Direct will provide notice to you promptly of any such claims.
Any notices that you wish to send us should be emailed to us at firstname.lastname@example.org . Any notices that we may wish to draw to your attention to will be displayed on our site or through our newsletter communications.
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