holidayloop.co.uk For overseas home owner

Terms & Conditions

 

Terms & Conditions
 
Introduction
These Terms and Conditions apply from [July] 2008. Please read these Terms and Conditions carefully before using the Website.
 
Definitions
In these Terms and Conditions, the following terms have the meanings set out in this clause:
 

“Content”
Content, materials, information, data, documents, graphics, textual material, sounds and photographic or video images included and uploaded to the Website as a Listing in respect of Properties from time to time.
 
“Holidaymakers”
Users of the Website who may wish to make use of one or more Properties advertised on the Website.
 
“Listings”
Content in respect of Properties made available by Property Owners on the Website.
 
“Privacy Statement”
The privacy statement of the Website as published on the Website as the same may be amended or replaced from time to time in accordance with its terms.
 
“Properties”
Those properties owned by Property Owners whose details are advertised on the Website from time to time.
 
“Property Owners”
Those persons advertising their Property for sale or for rent via the Website.
 
“Terms and Conditions”
These legally binding terms and conditions which may be amended or replaced from time to time in accordance with their terms.
 
“Website”
Our site, found at www.holidayloop.co.uk.
 
“we, us or our”
Holidayloop Limited a company registered in Guernsey with company number [          ] whose registered office is at Les Mouettes,Ruette des Emrais, Castel, Guernsey, GY5 7LJ  trading as “Holidayloop.co.uk”.
 

Interpretation
1.      Words importing the singular include the plural and words importing the masculine include the feminine and neuter and vice versa.
2.      Headings to clauses are for information only and do not form part of the operative provisions of these Terms and Conditions and shall be ignored in construing the same.
3.      References to a person include any body corporate or unincorporated.
4.      From time to time includes at any time and for the time being.
 
Acceptance of Terms and Conditions
These Terms and Conditions, together with our Privacy Statement, constitute a legally binding agreement between you and us in respect of the Website.  These Terms and Conditions apply to you as:
1.      Holidaymakers using the Website for the purpose of viewing Listings; and/or
2.      Property Owners using the Website for the purpose of uploading Listings onto the Website.
You may only view and upload Listings in accordance with these Terms and Conditions. By using the Website you agree to be bound by these Terms and Conditions in full. If you do not accept these Terms and Conditions in full you must leave the Website immediately.
 
Privacy Statement
Please review our Privacy Statement for more information regarding our practices of processing and protecting your personal data. Your use of the Website signifies your acknowledgement of and agreement with our Privacy Statement.
 
Use of the Website
The Website is an advertising site by which we put Property Owners in contact with Holidaymakers. Property Owners are able via the Website to display their Properties whilst Holidaymakers are able to search for Properties suitable for their use. It is a condition of your continued use of the Website that you will not use the Website for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions. 
 
You must not introduce to the Website any computer viruses, Trojan horses, worms, corrupted data or other malicious software or harmful data or any other computer code, files or programs that is technically harmful or designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or designed for fraudulent, unlawful, dishonest or improper activity.
 
Our Role
We do not act as travel agents and we do not own any of the Properties advertised on the Website. We are not involved, on behalf of either the Property Owner or the Holidaymaker. in any transaction agreed. In particular, we do not take part in, or responsibility for, booking arrangements or any Property management issues. Property Owners and Holidaymakers should therefore deal directly with each other, both to arrange any transactions between them and to resolve any disputes arising thereout.
 
We do not endorse any Property Owner or any Property nor do we warrant or guarantee that any Property is available at any time. We do not warrant or guarantee the suitability or quality of any Property.
 
Property Owners
Property Owners are expected to be contactable in order to respond to enquiries. We may delete any Listing or edit or remove any Content in respect of which the Property Owner is not contactable for a sustained period. In this case Listings may be reactivated by agreement between us and the Property Owner.
 
Listing restrictions
Each Listing placed on the Website must relate to one specific Property only and should not be by way of example of multiple properties. The original specified Property in a listing may not be substituted by another Property at any time.
 
Property Owners are not permitted to include within Listings links to other websites or e-mail addresses. In particular, we will not allow web links which advertise competitor sites or contain advertising which is deemed by us to be inappropriate or which otherwise act against the interests of the Website or other Property Owners.
 
We reserve the right to delete any Listing or edit or remove any Content which does not adhere to these restrictions without refund. 
 
It is the responsibility of the Property Owner to ensure that only details of Properties which are owned by the Property Owner are advertised on the Website and to the extent that a Property is owned jointly, to ensure that all joint owners agree to advertising the Property on the Website.
 
Content of Listings
We do not guarantee or warrant that the Content of the Listings published on the Website (or on websites to which we provide links) is either accurate or current.
 
The Content of Listings published on the Website is uploaded by the Property Owners and is not verified by us to any extent. As a result, we cannot guarantee the accuracy, integrity or quality of that Content. It is therefore the sole responsibility of the Holidaymaker to verify the Content of Listings published on the Website before relying on the same.
Under no circumstances will we be liable in any way for, and we specifically disclaim any and all liability arising from or in connection with, any of the Content of Listings published on the Website, including, but not limited to, any inaccuracies, errors or omissions contained therein.
 
We do not guarantee that the Website will meet your requirements, including (without limitation) as to any of its features or Content. 
 
We do not guarantee or warrant the fitness of any Property for any particular purpose, which you should check with the relevant Property Owner.
 
Listings complete, accurate and up to date
It is the responsibility of the Property Owner to ensure that any Listing uploaded to the Website is complete, accurate and up to date, and will not offend any laws, in particular, regarding misrepresentation. At the time of uploading a Listing to the Website the Property Owner represents and warrants to us that any Content so uploaded are complete, accurate and up to date. Further the Property Owner agrees and undertakes to update the Content if and when the same ceases to be complete, accurate and up to date.
 
Appropriateness of Content
It is the responsibility of the Property Owner to ensure that the Content of any Listing uploaded to the Website is appropriate for publication on the Internet. In particular the Property Owner must not submit to us for uploading any Content that is:
1.      unlawful, libellous, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, threatening, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
2.      technically harmful (including, without limitation, computer viruses, Trojan horses, worms, corrupted data or other malicious software or harmful data or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or designed for fraudulent, unlawful, dishonest or improper activity).
 
Copyright authorities
It is the responsibility of the Property Owner to ensure that the Content of any Listing uploaded to the Website is the copyright of the Property Owner and that no intellectual property rights of third parties are infringed by the inclusion of that Listing on the Website. 
 
By submitting to us or uploading any Content for use on the Website as a Listing, the Property Owner:
1.      represents and warrants to us that he is the legal owner of all such Content and that he is entitled to or has obtained all necessary consents, permissions and authorities to permit him to upload to the Website all Content used in his Listings. 
2.      grants to us a perpetual, worldwide, royalty free, unrestricted, irrevocable and fully paid-up licence to use, copy reproduce, modify, adapt, publish, publicly perform, publicly display digitally display and digitally perform, transmit and distribute such Content on the Website for promotional purposes.
 
Content that you submit to us or upload for use on the Website as a Listing will be considered non-confidential and non-proprietary and we have no obligations with respect to it.
 
Fees
We charge a fee to Property Owners who upload Listings onto the Website in accordance with our standard fee schedule published on the Website from time to time. We reserve the right to alter our fees at any time without notice. Any new rates will only apply to new Listings and upon renewal of existing Listings.
 
If a Property Owner does not pay our fees when due and payable, interest will accrue on the amount unpaid from the due date until the date we receive payment (as well after as before judgment) at our published standard rate. You agree to indemnify us, fully and effectually, on demand from and against any loss, damage, costs or expenses suffered or incurred by us arising out of or in connection with the recovery of fees you owe or the exercise and enforcement of any of our rights.

If payment is being made by credit or debit card this can be processed online by PayPal. In this case the Listing will go live immediately the payment is processed. Payment can also be made by cheque (payable to Holidayloop Limited) sent to: Holidayloop Limited, Les Mouettes, Ruette des Emrais, Castel, Guernsey, British Isles GY5 7YD. Property Owners are requested to notify us by email to contactus@holidayloop.com that a cheque has been sent and advise of the expected time to receipt. In this case the Listing will go live as soon as payment is received and cleared.
 
For the avoidance of doubt we do not charge Holidaymakers to access the Website and view Listings. 
 
Refund
We offer a 'cooling off period' of seven working days from the date of our receipt of a Listing during which a Property Owner may cancel the Listing by email to contactus@holidayloop.com or by use of the 'contact us' button on the Website (stating the Property Owners Holidayloop ID number and password). We will then refund the fees for the Listing less a £10 administration fee.  We will also send notification by email.
 
Removing a Property
We reserve the right to delete a Listing from the Website or to edit or remove any or all of the Content at any time without notice to the Property Owner if we reasonably consider it is desirable for us do so. Circumstances in which we will exercise such right include, but are not limited to,:
1.      if we suspect that any Content infringes another person’s intellectual property or other rights;
2.      if we become aware of or receive a complaint from any person relating to misrepresentation of a Property or its surroundings;
3.      if we become aware of or receive a complaint from any person regarding a Property Owner’s listing or rental practices; or
4.      if we consider any Listing or Content to be incomplete, inaccurate or unsuitable in any way.
In such circumstances we will retain payment of our fees in full and we will not be liable for any damages or expenses incurred as a result of or in connection with any of the actions described in this paragraph.
 
Property Owners may at any time delete their Listing or edit or remove any or all of the Content from the Website. If a Property Owner wishes to delete their Listing at any time they can do so by giving us notice and their request will be dealt with as soon as possible. In such circumstances we will retain payment of our fees in full.

Copyright protection
All copyright, trade marks and all other intellectual property rights in the Website, its software and content, anywhere in the world, are owned by us or the relevant licensors as permitted by law and are or may be protected by copyright, trademarks, patents and other proprietary rights and protections. You must not infringe any of our intellectual property rights.
 
In particular, you must not, other than for your private personal, non-commercial use, use or copy all or any part of Website, its software or content without our prior written approval or that of the Property Owner who uploaded that Content on the Website.
 
You are hereby granted:
1.      a non-exclusive, revocable licence to view, use, print and download Listings from the Website for your private personal, non-commercial use only; and
2.      a non-exclusive, revocable licence to upload Listings to the Website for your private personal use only.
 
Any rights not expressly granted in these Terms and Conditions are reserved.
 
Unavailability of the Website
We will endeavour to make the Website available on a continuous basis. However we cannot warrant that the function of the Website or any material or information contained therein will be uninterrupted or error free, nor can we guarantee continuous access to the Website. There may be times when the Website or the services we provide on it becomes inaccessible as a result of technical difficulties experienced by us or on the Internet, such as system failure, maintenance or repair or for reasons beyond our control, and we will not be liable if this is the case. We will, however, use reasonable skill and care to overcome these difficulties where they are within our control. 
 
We reserve the right to alter, suspend or remove (temporarily or permanently) all or any part of the Website without notice at any time where we have legal, commercial or technical reasons to do so and we will not be liable to you for any such alteration, suspension or removal.
 
We reserve the right to restrict or suspend your access to all or part of the Website and/or your use of the services we provide on it at any time for any reason. In particular we will do so if we reasonably believe you are in breach of these Terms and Conditions.
 
Our charges continue to apply even if the Website is unavailable, all or any part of the Website is altered, suspended or removed or we restrict or suspend your access, for any period of time.
 
We do not warrant or guarantee that the Website, or the server that makes it available, is free of viruses or other harmful devices. 
 
Links
The Website may contain links or references to other sites that are outside of our control. A link to another website is not an endorsement of such site and we are not responsible for the content or availability of any other website.
 
Liability and Indemnity
You acknowledge and agree that you use the Website entirely at your own risk. Except in the case of our fraud or wilful default, we exclude any and all liability we may have to you relating to your use of our Website, its availability, its Content, or the services you access through it. Further we will not be liable to any extent for any special, indirect or consequential loss or damage whatever or loss of income or profit arising out of or in connection with your use of the Website.
 
We are not responsible for and assume no liability for any infringement of intellectual property, mistakes, negligence, misstatements of law, defamation, slander, libel, omissions or falsehood contained within the Content of the Listings uploaded by Property Owners.
 
We do not guarantee that the Website will meet your requirements, including (without limitation) as to the availability or speed of delivery of the Website, any of the services available on the Website, or any transaction you may enter into with other users. 
 
To the extent that any of the exclusions of liability contained herein are invalid or unenforceable then our liability is limited to the maximum extent permitted by applicable law.
 
By using the Website you indemnify us, fully and effectually, on demand and hold us harmless from and against any loss, damage, costs or expenses suffered or incurred by us arising out of or in connection with:
1.      any breach by you of these Terms and Conditions;
2.      your use of or conduct on the Website;
3.      any of the Content of your Listings infringing these Terms and Conditions or the rights of any person;
4.      any dispute you may have with one or more other users of the Website;
5.      any transaction to which you are party or that arises out of your use of the Website;
6.      your introduction to the Website of any computer viruses, Trojan horses, worms, corrupted data or other malicious software or harmful data or any other computer code, files or programs that is technically harmful or designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or designed for fraudulent, unlawful, dishonest or improper activity; or
7.      any action you take that imposes an unreasonable burden or load on the infrastructure of the Website.
 
You indemnify us, fully and effectually, on demand from and against any loss, damage, costs or expenses suffered or incurred by us arising out of or in connection with the recovery of monies you owe to us or the exercise and enforcement of any of our rights.
 
Internet Communications
The nature of Internet communications is such that your communications to us via the Website may be susceptible to the inherent risks of Internet communication including the security risks of interception of or unauthorised access to such communications, the risks of corruption to such communications and the risk of viruses or other harmful devices. You acknowledge and accept all such risks inherent in the use of the Internet.
 
Governing law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Island of Guernsey where our business is based. You hereby submit to the exclusive jurisdiction of the Royal Court of Guernsey in any actions arising out of your use of the Website and the provision by us of services via the Website. This applies whether or not you are using the Website from within Guernsey.
 
Changes to these Terms and Conditions
We reserve the right to change these Terms and Conditions from time to time and with immediate effect. We will post any new version of these Terms and Conditions on the Website and you should check this web page every time you visit the Website to review the then current Terms and Conditions. In the event that we do change these Terms and Conditions we will place a notice of that fact on the home page of the Website for a period of one month following such change. 
 
Data Protection
With respect to personal data of third parties which you obtain through the Website, you agree to use such data only in connection with the services offered through the Website for the purpose of facilitating a transaction between you and such third party and to process such data in accordance with all applicable data protection laws. Under no circumstances will you disclose personal data about another user to any third party without the consent of the other user. 
 
You agree that other users may use your personal data to communicate with you in connection with the services offered through the Website for the purpose of facilitating a transaction between you and such third party.
 
Accounts
You are required to register with us and create an account to access certain parts of the Website. In order to register you will be required to provide us with all due diligence information about you that we may require. When registering for an account with us you represent and warrant that all information and evidence provided to us is accurate and complete and you undertake to notify us immediately if there are any changes to that information.
 
Notice
If we need to give you any notice, we can do this by emailing you at the last email address you have provided to us. You are deemed to have received such notice at the time the email leaves our server.
 
Any notices to us must be given by email to contactus@holidayloop.com.
 
Miscellaneous
These Terms and Conditions and our Privacy Statement constitute the entire agreement between us and you with respect to the Website.
 
If any provision of these Terms and Conditions is or becomes unlawful, void or unenforceable, the continuation in full force and effect of the remainder of the provisions will not be prejudiced.
 
No delay or omission by us in exercising any right, power or remedy provided by law or under these Terms and Conditions will affect that right, power or remedy or otherwise operate as a waiver of it.
 
The single or partial exercise by us of any right, power or remedy provided by law or under these Terms and Conditions will not preclude any other or further exercise of it or the exercise of any other right, power or remedy by us.