Terms and conditions for advertisers and users of our site

Terms and Conditions

• General Terms of Use
• Privacy Policy

General Terms of Use

Whether you are a property owner or agent for property owners (an "Advertiser") placing advertisements on www.holidaylettings.co.uk ("our site") or a person using our site other than to advertise holiday homes (a "Holidaymaker"), by accessing or using our site you agree to be bound by these terms and conditions ("Terms of Use") in relation to both Advertisers and Holidaymakers use of our site.

Please read the Terms of Use thoroughly before using our site. By using our site, you indicate that you accept the Terms of Use. Please do not use our site if you do not agree to the Terms of Use.

Information about us
Our site is operated by Holiday Lettings Limited, trading as holidaylettings.co.uk ("we", "us", "our"). We are registered in England and Wales under company number 5282912 and have our registered office at 7 Soho Square, London, W1D 3QB, UK.

We are the data controller for the purpose of the Data Protection Act 1998 and we will be bound by the Privacy Policy in relation to the storage and use of your personal data.

We are an advertising service for Advertisers and an accommodation search facility for Holidaymakers. We do not own, inspect or provide content for any of the properties advertised on our site. The one qualification is our special photography service for Advertisers. Where you see photographs or videos displaying the words 'Visited by Holiday Lettings', these have been taken by photographers working for or in conjunction with us, as a result of the Advertiser commissioning such service from us. However, although we may provide the photograph or video, we do not warrant that we have conducted any inspection of the property. Advertiser shall be responsible for ensuring that it has all necessary rights, licences and authorisations to rent property.

Except in relation to adverts allowing online booking where we may act as an agent in order to facilitate payments to enable transactions between Advertiser and Holidaymaker, we have absolutely no involvement in the booking process or transaction. We make no claims as to the quality, safety or legality of any of the properties advertised. Neither can we confirm the accuracy of the advertisements or their content. 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.

Material on our site
All copyright, database rights, trade marks and design rights in our site and in the material published on it belong to us, our licensors or our Advertisers.

You may download material from our site for the sole purpose of using our site, but you must not copy, transmit, modify, republish, save, pass off or link to any content or material on our site without our prior written consent.

You may forward material from our site to third parties by using the 'Send to Friend' tool. By using this tool you confirm that you have obtained prior consent to receiving material from our site from any third parties to whom you send material.

Advertisers, Holidaymakers or any other person 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.

Your safety
Consideration should always be given to the nature of advertisements and contracts transacted on the Internet, and the risks involved. Direct contact between Advertisers and Holidaymakers in relation to a booking may not occur and so you must therefore proceed with care and judgement when using our site.

Claims
Any contract for the rental of any property listed on our site is directly between an Advertiser and a Holidaymaker (each a "Booking Contract") and we are not a party to that contract.

In recognition of this, you acknowledge that any claim you may have that is in any way connected with a dispute you have with an Advertiser on our site must be brought directly against that Advertiser and not against us.

We may provide an online payment platform, giving you the ability to make online payments to Advertisers via PayPal, credit card, debit card or other payment options. We may change or withdraw such platform at any time without notice in our sole discretion.

Although we may provide the technical platform to enable such payments, we are not responsible for the payment solutions themselves and we still are not a party to the contract between you and the Advertiser. In particular, we are not responsible for any decision taken by PayPal or another provider to decline your payment, based on its risk assessment of you or that transaction. You shall not hold us liable for any losses you suffer as a result of making an online payment to an Advertiser. If you need customer support in relation to an online payment, you should contact PayPal or your bank or credit card provider (as applicable).

You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with your use of our online payment platform to make payments to Advertisers, in particular any claims from Advertisers, PayPal or other payment solution providers resulting from your actions or omissions.

Our limitation of liability and responsibility
We act merely as an advertising service through which Advertisers can advertise properties to Holidaymakers. 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.

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 reliance by any user of our site, or by anyone who may be informed of any of its contents, placed on any advertisement, commentary and other materials posted on our site by Advertisers, or any error or mistake or inaccuracy contained in any statement, description, representation or other information made about or in connection with a property listed on our site;
• the act or omission of the Advertiser or any failure of the Advertiser to perform or comply with any of the terms of the contract between the Advertiser and you, including a failure to provide the property on the requested date (whether due to a double-booking or otherwise), or a failure to provide the property in the condition or with the amenities that such property was advertised on our site;
• any loss of or damage to personal possessions at a property; or
• any incident or occurrence which takes place at a property.

Although we will do our best 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 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.

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.

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.

Reporting Inappropriate Content
If you consider any of the content of any videos, photographs or any other material posted on our site by any Advertiser to be offensive, discriminatory, defamatory or libelous or otherwise inappropriate ("Inappropriate Content"), 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.

Please send details of any content which you consider to be Inappropriate Content to us:

By email to: legal@holidaylettings.co.uk

By post to: Holiday Lettings Ltd., 2nd Floor, Barclay House, 242-254 Banbury Road, Oxford, OX2 7BY, United Kingdom

Copyright Complaint Policy - Infringement Notification:
If you believe in good faith that materials hosted on our site infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying us that your copyrighted material has been infringed.

Please provide the following information in the following format (including Section Numbers):

• A clear identification of the copyrighted work you claim was infringed.
• a clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on our site, such as a link to the infringing material;
• your contact information so that we can reply to your complaint, preferably including an email address and telephone number;
• include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.";
• include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."; and
• the notice must be signed by the person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on our site should be emailed or mailed to our copyright agent:

• TripAdvisor LLC., Attn: Legal Department, 141 Needham Street, Newton, MA 02464, USA
• copr@tripadvisor.com
• Phone Number: 617-670-6544 (US)

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorney’s fees) if you make a false claim of copyright infringement.

We will review and address all notices that comply with the requirements above.

Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion Advertisers or Holidaymakers access to our site who are deemed to be repeat infringers. We may also at our sole discretion limit access to our site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Interruptions in our service
Whilst we take every care 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.

Links from our site
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.

Contractual Relationship
As between the Holidaymaker and us, nothing in these Terms of Use or in your use of our site creates, or is intended to establish, any agency relationship, partnership or joint venture.

We act as agent for the Advertiser for the facilitation of payments in relation to certain booking transactions through our site and for purposes of onward distribution of their advertisements. Except for this agency relationship, nothing in these Terms of Use or in the Advertiser's use of our site creates, or is intended to establish, any partnership, joint venture or similar relationship between us and the Advertiser.

For the avoidance of doubt, Holiday Lettings Limited never acts as a principal in connection with any of the transactions or services available on or through our site.

Law and jurisdiction
These Terms of Use are governed by 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 of Use 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 on, or 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.

Events beyond our control
We will not be in breach of these Terms of Use, 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.

Entire Agreement
These Terms of Use shall contain all the terms agreed between you and us regarding the use and provision of our site and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing in connection with the use and/or provision of our site. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written between you and us unless expressly stated in these Terms of Use. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms of Use (unless such untrue statement was made fraudulently) and that party’s only remedy shall be for breach of contract as provided in these Terms of Use.

No Third Party Rights
Nothing in these Terms of Use are intended for the benefit of any third party, and the parties do not intend that any term of these Terms of Use should be enforceable by a third party either under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Invalidity
If a provision of these Terms of Use (or part of any provision) is found illegal, invalid or unenforceable, the enforceability of any other part of these Terms of Use will not be affected.

Variations
We may revise these Terms of Use at any time by amending this page or by publishing notices elsewhere on our site.

Notices
Any notices that you wish to send us should be emailed to legal@holidaylettings.co.uk. Any notices that we may wish to draw to your attention to will be displayed on our site or through our newsletter communications.

Privacy

This document sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. By using our site, you indicate that you accept this privacy policy. Please do not use our site if you do not agree to this privacy policy.

Holiday Lettings Limited ("we", "us") is registered in England and Wales, Company registration number: 5282912. Our registered office is: 7 Soho Square, London, W1D 3QB, UK. We are registered under the Data Protection Act 1998, number Z914623X. We treat the personal information of site users with the utmost respect and confidentiality and take reasonable steps to ensure that your personal information is stored securely and accurately. If you have any queries or comments about the policy or our use of your personal information, please get in touch with us by emailing us at legal@holidaylettings.co.uk or writing to The Privacy Manager at 2nd Floor, Barclay House, 242-254 Banbury Road, Oxford, OX2 7BY, United Kingdom.

In general, we use the information we collect about you to help our Advertisers provide accommodation solutions to users of our site, provide information services to relevant third parties, improve the features and services we offer and support our own marketing and promotion efforts.

When you visit, register or use the services on our site, you may be asked to provide certain information about yourself, including your name and your contact details. Advertisers can update their information and change settings on their 'Your Account' page once signed in. We may collect information about your use of our site as well as information about you from the emails or letters sent to you. We may collect information about your property and the type of property you wish to rent.Where you use PayPal or another payment solution, you agree that we may share data about you with PayPal/the other provider and vice versa in order to facilitate or assess your use of the online payment platform or for other internal purposes. Such data may include details of enquiries, bookings, transactions, refunds, chargebacks or other claims or events relating to advertisements and/or payments. Where you request our special photography service for Advertisers, you agree that we may provide your contact information to our photographer for the purpose of scheduling a visit to your property.

Your information will enable us to provide you with access to all parts of our site and to supply the services and features that you have requested. We may aggregate the information to identify patterns which we can use in our marketing and to help us develop, administer, support and improve our services and features.

In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to our site or our services. Further, where you have consented, we might also use your information to email you with details about any other products or services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please email us.

If you have consented on the shortlist section or the appropriate email form, we may provide any of the information we collect to carefully screened third parties to contact you regarding products or services that we think may be of interest to you. If you change your mind about being contacted by these third parties in the future, please email us.

Non-registered and registered users of our site can request we provide them with a copy of the personally identifiable information we hold via email. You may ask us to make any necessary changes to ensure that such information is accurate and kept up-to-date. We may charge a small administration fee to cover the data search, preparation and delivery.

Like many websites, we use "cookies" to enable us to personalise your visits to our site, simplify the signing-in procedure, keep track of your preferences and to track the usage of our site. Cookies are small pieces of information that are stored in the hard drive of your computer by your browser. Your browser will have the option to prevent websites using cookies (your browser's help screen or manual will tell you how to do this), but please note that this may reduce the functionality of our site and other websites.

Like all websites, our servers automatically record "log files" containing information about the volume and characteristics of our website traffic e.g. Internet Protocol (IP) address, numbers of pages viewed, length of time spent on site. We use log files to build pictures of how our site is used, which help us to monitor and improve the service. We cannot identify you from your log files alone.

We follow strict security procedures to ensure that your personal information is not damaged, destroyed, or disclosed to a third party without your permission and to prevent unauthorised access to it. The computers that store the information are kept in a secure facility with restricted physical access and we use secure firewalls and other measures to restrict electronic access. The information we collect or record may be encrypted on back-up files and stored securely away from our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. We will explicitly ask you when we need information to identify you. We may require you to co-operate with our security checks before we disclose information to you. Your information will not be transferred outside of the European Economic Area. We will retain your information for a reasonable period or for as long as is required by law.

We reserve the right to use and share information concerning our Advertisers, including your IP address, with law enforcement authorities and/or other companies in the same industry as Holiday Lettings Ltd for the purpose of fraud prevention and to disclose your information to any new owner or partner should we enter into a sale/merger with another business entity. We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985. We may use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post, telephone or email. If you do not want us to use your data in this way, or to pass your details onto third parties for marketing purposes, please let us know: legal@holidaylettings.co.uk. We may change our privacy policy from time to time as we add new services or in response to changes in the law or our commercial arrangements. Any changes to our policy will be posted on this page.

Call Recording and Monitoring
Please be aware that calls to and from Holiday Lettings may be recorded. We may use the call recordings to monitor our customer service for quality or compliance purposes, to check the accuracy of the information you provide us, or to provide training to our staff. We will retain the call recordings for as long as reasonably necessary to perform such activities and then delete them. Any personal information obtained from you during the call will be treated in accordance with the provisions of this Privacy Policy.