Terms of website use by interested travellers / potential renters of a holiday
rental property advertised on our site
This page (together with the documents referred to on it) tells you the terms of
use upon which you, as an interested traveller / potential renter of a holiday
rental property advertised on our site (not as an owner of a holiday rental
property who wishes to register or is registered to advertise that holiday
rental property on our site), may make use of our website,
www.globalholidayfinders.com
(“our site”). Please read these
terms of use carefully before you start to use our site. By using our site, you
indicate that you accept these terms of use and that you agree to abide by them.
If you do not agree to these terms of use, please refrain from using our site.
1
Information about us
1.1
www.globalholidayfinders.com
is a site operated by Global Holiday
Finders Limited ("we", “our” and “us”).
We are a limited company registered in
England and Wales under company number 06186946 and our registered office [and
main trading address] is at 16 Water Street, Newcastle, Staffordshire ST5 1HN.
2
Accessing our site
2.1
Access to our site is permitted on a temporary
basis and we reserve the right to withdraw or amend the service we provide on
our site without notice. We will not be liable if for any reason some part(s) of
our site, or our entire site, is unavailable at any time or for any period.
2.2
From time to time, we may restrict access to some
parts of our site to owners of holiday rental properties who wish to register or
are registered to advertise their holiday rental properties on our site.
2.3
[If you choose, or you are provided with, a user
identification code, password or any other piece of information as part of our
security procedures, you must treat such information as confidential, and you
must not disclose it to any third party. We have the right to disable any user
identification code or password, whether chosen by you or allocated by us, at
any time, if in our opinion you have failed to comply with any of the provisions
of these terms of use.]
2.4
When using our site, you must comply with the
provisions of our acceptable use policy .
2.5
You are responsible for making all arrangements
necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our
site through your internet connection are aware of these terms and that they
comply with them.
3
Intellectual property rights
3.1
We are the owner or the licensee of all
intellectual property rights in our site and in all text, files, illustrations,
images, maps, photographs and other materials posted or published on it
(collectively, the “content on our site”). All content on our site, and our site
itself, is protected by copyright and database rights and you will abide by any
and all additional copyright notices, information or restrictions contained in
or relating to any content on our site. All such rights are reserved and must
always be acknowledged.
3.2
You may print
off copies or download extracts of any content on our site for your personal,
non-commercial reference and use. Copying or storing any content on our site for
any purpose other than for your personal, non-commercial reference or use is
expressly prohibited without the prior written permission of the applicable
copyright holder or us.
3.3
You must not:
3.3.1
modify the paper or digital copies of any
materials you have printed off or downloaded in any way; or
3.3.2
use any illustrations, images, maps or
photographs, any audio or video sequences or any graphics separately from any
accompanying text.
3.4
If you print off, copy, download or use any part
of our site in breach of these terms of use, your right to use our site will
cease immediately, you must (at our option) return or destroy any copies of any
content on our site that you have made and you agree to indemnify us for any
claims, liabilities, losses, damages, costs and expenses (including reasonable
legal fees) that we may incur or suffer as a result of any such breach.
4
Reliance on commentary, information and other
such content
4.1
As our site merely acts as a venue to allow any
owner of a holiday rental property who is registered to advertise that holiday
rental property on our site to offer such holiday rental property for rent, in a
variety of pricing formats, to interested travellers / potential renters, we are
not able to confirm or otherwise whether any commentary, information or other
such content posted or published by any owner / advertiser of a holiday rental
property on our site amounts to advice or information upon which reliance should
be placed. We therefore disclaim all
liability and responsibility arising from any reliance placed on any such
commentary, information or content by any user of our site, or by anyone who may
be informed of any such commentary, information or content.
4.2
Those users of our site who are owners /
advertisers of holiday rental properties may rely on any information posted or
published by you on our site. You
are responsible for, and warrant the accuracy of, all such information and we
therefore disclaim all liability and responsibility arising from any reliance
placed on any such information by any owner / advertiser of a holiday rental
property using our site, or by anyone who may be informed of any such Content.
4.3
By using
our site as an interested traveller / potential renter of a holiday
rental property and submitting your
contact details and other similar or related information via any of the tools
provided from time to time on our site, you thereby warrant that:
4.3.1
you are who you purport to be; and
4.3.2
all the contact details and other information
that you have provided are accurate at the time of their submission,
and you agree to indemnify us for any claims, liabilities, losses, damages,
costs and expenses (including reasonable legal fees) that we may incur or suffer
as a result of any breach of these warranties.
5
Our site changes regularly
5.1
We aim to update our site regularly and may
change the content on our site at any time. If the need arises, we may suspend
access to our site or close it indefinitely. Any of the content on our site may
be out of date at any given time and we are under no obligation to update such
content.
6
Our liability
6.1
We do not provide any guarantees, conditions or
warranties as to the accessibility, functionality or operation of our site, any of its features or any content, information
or other materials contained therein or as to the accuracy of any such
content, information or materials. To the extent permitted by law, we hereby
expressly exclude:
6.1.1
all conditions, warranties and other terms that
might otherwise be implied by statute, common law or the law of equity relating to our site or any of the content on our site;
6.1.2
any liability for any direct, indirect or
consequential loss or damage, however arising and whether caused by tort
(including negligence), breach of contract or otherwise (even if foreseeable),
incurred by you in connection with our site or in connection with your use,
inability to use or any results of your use of our site, any websites linked to
it and any content on our site, including (without limitation) any liability
for:
6.1.2.1
loss of income or revenue;
6.1.2.2
loss of business;
6.1.2.3
loss of profits or contracts;
6.1.2.4
loss of anticipated savings;
6.1.2.5
loss of data;
6.1.2.6
loss of goodwill; and
6.1.2.7
wasted management or office time.
6.2
This does not affect our liability for death or
personal injury arising from our negligence, for fraudulent misrepresentation or
misrepresentation as to a fundamental matter or for any other liability that
cannot be excluded or limited by law.
7
Information about you and your visits to our site
7.1
We process information about you in accordance
with our privacy policy. By using our site, you consent to
such processing and you warrant that all data provided by you is accurate.
8
Transactions concluded as a result of visits to
our site
8.1
We are not a party to any rental or other
property-related transaction that you may conclude as a result of any visit(s)
to our site. We do not own nor can we enter into any contract concerning any
holiday rental property advertised on our site. Instead, our site acts as a
venue to allow any owner of a holiday rental property who is registered to
advertise that holiday rental property on our site to offer such holiday rental
property for rent, in a variety of pricing formats, to interested travellers /
potential renters. We are not involved in any rental or other property-related
transaction that may be concluded between the owner of a holiday rental property
who is registered to advertise that holiday rental property on our site and any
interested travellers / potential renters, even though we may from time to time
provide tools, such as forms or methods for submitting contact details online
[or direct booking], that facilitate the entry by interested travellers /
potential renters into rental transactions directly with owners of holiday
rental properties advertised on our site. As a result:
8.1.1
the quality, safety or legality of the properties
advertised on our site, the truth or accuracy of any content on our site
relating to any such property or the ability of any owner of a holiday rental
property who is registered to advertise that holiday rental property on our site
to actually rent that holiday rental property are matters that you are solely
responsible for determining and for which we disclaim all responsibility and
liability; and
8.1.2
you agree to indemnify us for any liabilities,
losses, damages, costs and expenses (including reasonable legal fees) that we
may incur or suffer as a result of any rental or other property-related
transaction that you enter into as a result of or in connection with any visit
to our site and/or any breach by you of the contract governing any such
transaction.
9
Uploading material to our site
9.1
Whenever you make use of a feature that allows
you to upload material to our site, or to make contact with or provide
any information to any other user(s) of our site, you
must comply with the content standards set out in our acceptable use policy.
You warrant that any such contribution does comply with those standards
and you agree to indemnify us for any claims, liabilities, losses, damages,
costs and expenses (including reasonable legal fees) that we may incur or suffer
as a result of any breach of that warranty.
9.2
Any material you upload to our site or any
information you provide to any other user(s) of our site will be considered
non-confidential and non-proprietary and, subject to the terms of our privacy
policy:
9.2.1
we have the right to use, copy, distribute and
disclose to third parties any such material for any purpose that we, in our
reasonable opinion, see fit; and
9.2.2
we have the right to disclose your identity to
any third party who is claiming that any material posted or published by you on
or uploaded by you to our site constitutes a violation of their intellectual
property rights or of their right to privacy.
9.3
We will not be responsible, or liable to any
third party, for the content or accuracy of any materials posted or published by
you or any other user on our site.
9.4
We have the right to remove any material posted
or published by you on our site if such material does not in our reasonable
opinion comply with the content standards set out in our acceptable use policy.
10
Viruses, hacking and other offences
10.1
You must not misuse our site by knowingly
introducing viruses, trojans, worms, logic bombs or other material that is
malicious or technologically harmful. You must not attempt to gain unauthorised
access to our site, the server on which our site is stored or any server,
computer or database connected to our site. You must not attack our site via a
denial-of-service attack or a distributed denial-of service attack.
10.2
By breaching this provision, you would commit a
criminal offence under the Computer Misuse Act 1990. We will report any such
breach to the relevant law enforcement authorities and we will co-operate with
those authorities by disclosing your identity to them. In the event of such a
breach, your right to use our site will cease immediately.
10.3
We will not be liable for any loss or damage
caused by a distributed denial-of-service attack, 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 or to your downloading of any material posted on it, or on any website
linked to it.
11
Linking to our site
11.1
You may link to the home page of our site,
provided that you do so in a way that is fair, legal and does not damage or take
advantage of our reputation, but you must not establish a link in such a way as
to imply any form of approval, association or endorsement on our part where none
exists.
11.2
You must not establish a link from any website
that is not owned by you.
11.3
Our site must not be framed on any other site,
nor may you create a link to any part of our site other than the home page. We
reserve the right to withdraw linking permission without notice. The website
from which you are linking must comply in all respects with the content
standards set out in our acceptable use policy.
12
Links from our site
12.1
Where our site contains links to other resources
and sites provided by third parties, these links are provided for your
information only. We have no control
over the contents of those resources or sites and accept no responsibility for
them or for any loss or damage that may arise from your use of them. Links to and from our site to other
third party resources or sites do not constitute an endorsement by us of any
such resources or sites or the contents thereof.
13
Jurisdiction and applicable law
13.1
The English courts will have jurisdiction over
any claim arising from or relating to a visit to our site, although we retain
the right to bring proceedings against you for breach of these conditions in
your country of residence or any other relevant country. English law governs these terms of
use.
14
Variations
14.1
We may revise these terms of use at any time by
amending this page. You are expected to check this page from time to time to
take notice of any changes we made, as they are binding on you. Provisions or
notices published elsewhere on our site may also supersede some of the
provisions contained in these terms of use.
15
Your concerns
15.1
If you have any concerns about any content on our
site, please contact
sales@globalholidayfinders.com.
Thank you for visiting our site.