These Terms apply from January 2007.
1. The Site 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 Site. Instead,
the Site acts as a venue to allow a member of our
Site (each, a "member") to offer
for rent, or rent, in a variety of pricing formats,
a specific holiday rental property to potential
renters (each, a "traveller" and,
collectively with a member, the "users").
We are not involved in the actual transaction
between travellers and members even though we may
from time to time provide tools, such as direct
booking, that enable a traveller to enter into a
transaction to lease a specific property directly
from the member of that property. As a result, the
quality, safety or legality of the properties
advertised, the truth or accuracy of the listings
(including the content thereof or any property or
guest book review), the ability of members to rent
holiday property or the ability of travellers to pay
for holiday rental properties are solely the
responsibility of the users.
2. Personal Use.
2.1. Although we do
charge a fee to members to advertise their holiday
rental properties on the Site, we do not charge
travellers to access the Site and research listings.
Accordingly, we grant users a limited, revocable,
non-exclusive license to access the Site to, as
applicable, advertise holiday rental properties
and/or research, view or make legitimate enquiries
to members regarding their interest in particular
holiday rental properties for their personal use,
all in accordance with these Terms. Any other use of
the Site is expressly prohibited. Importantly, this
license does not include any right of collection,
aggregation, copying, duplication, display or
derivative use of the Site nor any right of use of
data mining, robots, spiders or similar data
gathering and extraction tools without our prior
written permission; provided, however, that a
limited exception from the foregoing exclusion is
provided to general purpose internet search engines
and non-commercial public archives that use tools to
gather information for the sole purpose of
displaying hyperlinks to the Site, provided they
each do so from a stable IP address or range of IP
addresses using an easily identifiable agent and
comply with our robots.txt file. "General purpose
internet search engine" does not include a website
or search engine or other service that provide
classified listings or property rental
advertisements, or any subset of the same, or which
is in the business of providing holiday property
rental services.
3. Proprietary
Rights and Downloading of Information From the Site.
3.1. The text, files,
images, photos, maps and other materials on the Site
(collectively, the "content") are only for your
personal use. All content on the Site, and the 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 the Site.
Copying or storing of any content for other than for
your personal, noncommercial use is expressly
prohibited without the prior written permission from
us or the applicable copyright holder. As part of
the rental enquiry process, for your own personal,
non commercial use and not for further distribution,
you may download, display, and/or print one (1) copy
of any portion of the Site. You may not modify the
same, and you must reproduce our copyright notice in
the form "© 2007 - 2010 IrishCottagesDown.com. - All
Rights Reserved" as displayed on the relevant
portion(s) of the Site that you desire to download,
display or print.
4. Unauthorized
Use.
4.1. Unless otherwise
provided within these Terms, or unless otherwise
applicable law requires us to allow you to do so,
you may not do any of the following without our
prior written consent:
• Copy, reproduce,
upload, post, display, republish, distribute, or
transmit any part of the content in any form
whatsoever;
• Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
• Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
• Modify, translate
into any language or computer language, or create
derivative works from, any content or any part of
this Site;
• Reverse engineer any part of this Site, save to the extent expressly permitted by applicable law;
• Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
• Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
• Use the Site other than to advertise and/or research holiday rentals and to make legitimate enquiries to our members;
• Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;
• Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
• Use or access the Site in any way that adversely affects the performance or function of the Site, or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our members;
• Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of publicity or privacy or any other proprietary rights;
• Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party; or
• Disguise the origin of the information transmitted through the Site.
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending an email to info@irishcottagesdown.com.
• Reverse engineer any part of this Site, save to the extent expressly permitted by applicable law;
• Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
• Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
• Use the Site other than to advertise and/or research holiday rentals and to make legitimate enquiries to our members;
• Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;
• Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
• Use or access the Site in any way that adversely affects the performance or function of the Site, or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our members;
• Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of publicity or privacy or any other proprietary rights;
• Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party; or
• Disguise the origin of the information transmitted through the Site.
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending an email to info@irishcottagesdown.com.
5. Changes to Site; Unavailability of Site.
5.1. We may change,
suspend or discontinue any aspect of the Site at any
time, including the availability of any Site
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 or all of the Site
for similar reasons.
5.2. There may also be
times when the Site becomes inaccessible as a result
of technical difficulties experienced by us or on
the Internet. We will, however, use reasonable skill
and care to overcome these difficulties where they
are within our control. Please note, however, that
we cannot guarantee continuous access to the Site or
any of its specific features.
6. Your E-mail Address and Our Privacy Policy.
6.1. We encourage you
to tell us how you wish us to use your personal data
for marketing of services and products to you.
Therefore, in line with prevailing law, we give you
the opportunity to opt to receive emailed marketing
communications from us or third parties in relation
to our or those third parties' services and products
that we think may be of interest to you; each such
communication will give you the opportunity of
opting-out of receiving future similar
communications. Please review our Privacy Policy for
more information regarding our information
collection practices and safeguards. Your use of the
Site signifies your acknowledgement of and agreement
with our Privacy Policy.
7. Data Transmittal
7.1. Many of the
computer systems and companies that process your
data on our behalf are based in the United States
and potentially also in other countries outside the
European Union ("EU"). Thus, your personal data will
be transferred to, processed and held both inside
and outside the EU. Please note that countries
outside the EU may not have as well developed data
protection laws in place to protect your information
as those inside the EU, but we will nevertheless
ensure your personal data is treated in compliance
with applicable law, these Terms and our Privacy
Policy. Further details of the companies and
countries involved will be provided on written
request, by writing to our postal address set out in
these Terms.
8. Identity Verification.
8.1. User verification
on the Internet is difficult and we cannot and do
not confirm each user's purported identity. We
encourage you to communicate directly with a
traveller or member through the tools available on
the Site.
8.2. You agree to (i)
keep your password and online ID secure and strictly
confidential, providing it only to authorized users
of your account, (ii) instruct each person to whom
you give your online ID and password that he or she
is not to disclose it to any unauthorized person,
(iii) notify us immediately and select a new online
ID and password if you believe your password may
have become known to an unauthorized person, and
(iv) notify us immediately if you are contacted by
anyone requesting your online ID and password. When
you give someone your online ID and online password,
you are authorizing that person to access and use
your account, and you are responsible for any and
all transactions that person performs while using
your account, even those transactions that are
fraudulent or that you did not intend or want
performed.
8.3. EACH USER
ACKNOWLEDGES AND AGREES THAT: (X) NEITHER THE SITE
NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO
ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING
ANY USER'S PASSWORD THAT OCCURS BEFORE SUCH USER HAS
NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH
PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO
ACT ON THAT NOTICE; AND (Y) THE UNAUTHORIZED USE OF
YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR
LIABILITY TO BOTH THE SITE AND OTHER USERS. Further,
we may suspend or cancel your listing at any time
even without receiving notice from you if we suspect
that your password is being used in an unauthorized
or fraudulent manner.
9. Limitations of Use of Other User's Information; No Spam.
9.1. You agree that,
with respect to other users' personal information
that you obtain through the Site or through any
Site-related communication or any Site-facilitated
transaction, we have granted to you a license to use
such information only for: (a) any Site-related
communications that are not unsolicited commercial
messages, (b) using services offered through the
Site, (c) facilitating a financial transaction
between you and the other user (such as an on-line
booking or charging a personal credit card) and (d)
any other purpose that a user expressly agrees to
after you tell them the purpose you would like to
use it for. In all cases, 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. In
addition, under no circumstances, except as defined
in this provision, can you disclose personal
information about another user to any third party
without both our consent and the consent of the
other user. You agree that other users may use your
personal information to communicate with you in
accordance with this provision. Further, you agree
that you will protect other users' personal
information with the same degree of care that you
protect your own confidential information, and you
assume all liability for the misuse, loss, or
unauthorized transfer of such information.
9.2. We do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented a holiday property from you or to you, to your mailing list (email or physical mail) without the user's express consent.
9.2. We do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented a holiday property from you or to you, to your mailing list (email or physical mail) without the user's express consent.
10. Responsibility for user-contributed content.
11.1. We have no duty
to pre-screen content posted on the Site by members,
travellers or other users (including, without
limitation, reviews of or guest book entries for any
particular rental property), (collectively,
"user-contributed content"), and we are not
responsible for user-contributed content. We do,
however, reserve the right to decline to permit the
posting on the Site of, or to remove from, any
user-contributed content that fails to meet our
content requirements. We may also remove
user-contributed content if it is brought to our
attention, such as by notice given to us by a user
under Clause 4 or 17 of these Terms or by a third
party, that Clause 4 of these Terms, or any other
requirements governing the posting of such content,
has/have been apparently breached in respect of that
user-contributed content.
11.2. All property
listings on the Site are submitted by the member and
are the responsibility of the member, 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 a member's part. Members are solely
responsible for keeping their property information
up to date on the Site, including, but not limited
to any and all representations about any property,
its amenities, location, and its availability for a
specific date or range of dates. We do not represent
or warrant that any of the copy, content, property
reviews, guest book entries, property location,
suitability, pricing or availability information
published on the Site is accurate or up-to-date even
in the case where prospective travellers have
searched for specific special offers, dates, or
types of properties. Members 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.
11. Limitation of Liability.
12.1. In no event will
the Site, subsidiaries, affiliates, officers,
directors and/or employees (collectively
IrishCottagesDown.com), be liable for any lost
profits or any indirect, consequential, special,
incidental, or punitive damages arising out of,
based on, or resulting from our Site, these Terms,
your use of the Site and/or any transaction between
users, even if we have been advised of the
possibility of such damages. These limitations and
exclusions apply without regard to whether the
damages arise from (1) breach of contract, (2)
breach of warranty, (3) strict liability, (4) tort,
(5) negligence, or (6) any other cause of action, to
the maximum extent such exclusion and limitations
are not prohibited by applicable law. If you are
dissatisfied with the Site, you do not agree with
any part of these Terms, then your sole and
exclusive remedy against us is to discontinue using
the Site. In all events, our liability, and the
liability of any member of IrishCottagesDown.com, to
you or any third party in any circumstance arising
out of or in connection with the Site is limited to
the greater of (a) the amount of fees you pay to us
in the six months prior to the action giving rise to
liability, and (b) £100.00 in the aggregate. Nothing
in these Terms shall exclude or restrict our
liability for death or personal injury resulting
from our negligence; nor for our fraud or our
fraudulent misrepresentation.
12. Disclaimer.
12.1. We warrant that
the Site will be provided with reasonable care and
skill with the intention of meeting our technical
specifications for the Site, but we cannot and do
not guarantee that the Site will meet your
requirements, including (without limitation) as to
the availability or speed of delivery of the Site,
any of its features of content, any communication
through or relating to the Site, or any transaction
you may enter into with other users. Except as
expressly stated elsewhere in these Terms, all
representations, warranties, conditions and other
terms relating to the Site or any of its content,
whether express or implied (by common law, statute,
collaterally or otherwise) are hereby excluded,
except in the case of our fraud or our fraudulent
misrepresentation, or where such exclusion is not
permitted by law. We do not warrant that the
functions of the Site or any materials or content
contained therein will be uninterrupted or error
free, that defects will be corrected, or that the
Site or the server that makes it available is free
of viruses or other harmful components, although we
will take reasonable steps to avoid ourselves
introducing viruses or other harmful components to
the Site.
12.2. You acknowledge
that any transmission to and from this Site is not
confidential and your communications may be read or
intercepted by others.
13. Release.
14.1. In the event that you have a dispute with one or
more other users (including, without limitation, any
dispute between users regarding any transaction or
user-contributed content), you hereby agree to release
and discharge us from all liabilities, claims and
expenses which arise out of or in connection with that
dispute.
14. Indemnity.
14.1. You agree to
indemnify any member of IrishCottagesDown.com
against all liabilities, claims and expenses
(including reasonable legal fees) that may arise out
of or in connection with (a) any breach of these
Terms by you or through a machine on which you
access the Site; (b) any of your user-contributed
content infringing these Terms or the rights of any
person or entity; or (c) any rental or other
property-related transaction to which you are party
or that is entered into in connection with this
Site.
14.2. If any claim is
made against us that you indemnify us for under
Clause 14.1, then (a) we will have the right to
conduct its defence and settlement, but (b) we will
take reasonable account of any representations you
make to us as to such defence and settlement.
15. Choice of Law and Forum.
This Agreement shall be governed by and construed in accordance with the laws of Northern Ireland and subject to the non-exclusive jurisdiction of the said courts.
16. Notification of Infringing Content.
17.1. If you see or
experience any user-contributed or other content,
activity or communication through or in connection
with the Site, that appears to infringe any
requirement of these Terms, we would like you to
inform us at info@irishcottagesdown.com. We rely
upon users to notify us of infringing content,
activity and communications.
17. No Agency.
17.1. Our relationship
is that of independent contractors, and no agency,
partnership, joint venture, employee-employer or
franchiser-franchisee relations is intended or
created by these Terms or your use of the Site.
18. Notices.
19.1. Except as explicitly stated otherwise, any notices shall be given (in the case of you contacting us) by email to info@irishcottagesdown.com or by postal mail to:
IrishCottagesDown.com
2 Church Avenue
Bangor
Co Down
BT20 3EQ
2 Church Avenue
Bangor
Co Down
BT20 3EQ
or, when we need to
send you notice, to the email address you provide to
the Site during the registration process (in your
case, and as applicable). Notice shall be deemed
given upon receipt or 24 hours after email is sent,
unless the sending party is notified that the email
address is invalid. Alternatively, we may give you
notice by certified mail, postage prepaid and return
receipt requested, to any address provided to us
during the registration process (as applicable). In
such case, notice shall be deemed given three days
after the date of mailing.
19. Amendments.
We reserve the right to change these Terms from time to time, and post the new version of these Terms. When we do so, we will notify users of the fact that there are changed Terms on the Site, and the new version of these Terms will take effect, and will govern this Site and your relationship with us:
a. commencing one
month after the date of posting (or such later date
as we indicate in the relevant posting), if any of
the changes is to an operative provision of these
Terms which is capable of adversely affecting you;
if you do not wish to be governed by the new version
of these Terms, you may notify us in writing on or
before the date when the new version of these Terms
is to take effect, and:
1. from that date you
must cease to use this Site; and
2. if you are a member, then you can choose instead to remain bound by the previous version of these Terms until the end of the period for which you have paid charges to list holiday rental properties on the Site; or
2. if you are a member, then you can choose instead to remain bound by the previous version of these Terms until the end of the period for which you have paid charges to list holiday rental properties on the Site; or
b. immediately upon
the date of posting (or such later date as we
indicate in the relevant posting), if the changes
are not to operative provisions, or not capable of
adversely affecting you - examples of which would
include, without limitation, changes to contact
details referred to, or the refinement of provisions
that are already included, in these Terms.
20. Links to Third-Party Sites.
21.1. This Site may
contain links and pointers to other Internet sites,
resources, and sponsors of the Site. Links to and
from the Site to other third-party sites, maintained
by third parties, do not constitute an endorsement
by us of any third-party sites or the contents
thereof.
21. Your Record of
These Terms.
21.1. We do not
separately file the Terms entered into by each user
of the Site. Please make a copy of these Terms for
your records by printing and/or saving a downloaded
copy of the Terms on your personal computer.
22. Miscellaneous.
22.1. These Terms are
intended to constitute the entire agreement between
us and you with respect to your use of the Site. We
may immediately terminate any user's access to or
use of the Site due to such user's breach of these
Terms or other unauthorized use of the Site. Our
failure to exercise or enforce any right or
provision of these Terms shall not constitute a
waiver of any such right or provision. If for any
reason a court of competent jurisdiction finds any
provision of these Terms, or portion thereof, to be
unenforceable, that provision shall deemed severed,
and the remainder of these Terms shall continue in
full force and effect.
23. Contact.
This Site is provided by IrishCottagesDown.com, and our address is 2 Church Avenue, Bangor, County Down, BT20 3EQ.
24. Member Eligibility; Accuracy of Information.
24.1. Our services may
only be used by members who can form legally binding
contracts under applicable law. If you are
registering on behalf of an incorporated or
unincorporated entity, you represent that you have
the authority to bind the entity to this Agreement.
24.2. Each member further represents and covenants that any information submitted to the Site during such member's registration with the Site shall be true and correct. Member further agrees to provide notice to the Site online at Customer Support regarding any updates to any such contact information previously submitted by member to the Site.
24.3. Each member further represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such member; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) that it will accurately describe the subject rental property and will not fail to disclose a material defect in a rental property; (iv) that it will not wrongfully deny access to the listed property; and (v) that it will not fail to provide a refund when due in accordance with the underlying rental agreement. Upon our request, each member agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property as we may request.
25. Content, Layout and Copy.
25.1. We reserve the
right to determine the design, layout and
functionality of our Site.
25.2. We reserve the right to review and edit copy or amend the content, layouts or photographs supplied by any member. All content and copy edits submitted by members are subject to review and approval by us.
25.3. Notwithstanding our right to edit and amend the content, copy and photographs, we do not accept and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member or edited or amended by us.
26. Photographs.
26.1. All printed (paper based) photographs submitted by a member will be discarded after we have scanned the same into our electronic database. Regretfully, we are unable to return such photographs to you or retain paper copies in our files.
26.2. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.
26.3. By submitting a photograph either electronically through the Site or by mailing a paper photograph to our offices, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph.
27. Copyright Grant.
27.1. If you are a member, by accepting these Terms and by paying for and posting a listing on the Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the Site or the websites of our affiliates, and you grant the Site and its holding company, HomeAway, the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. We need these rights to host and display your listing. You further agree to assist us at our expense and control to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any member. Each member hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by such member.
27.2. Each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member's property or the promotion of the Site.
27.3. It is the member's responsibility to obtain reproduction permission for all photographic and other material used in their listings. The member warrants that he is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained.
28. Hypertext Links.
28.1. We reserve the right to refuse hypertext links to, or addresses of, other web sites from members' pages, and to remove links or web addresses without notice. Further, we reserve the right to charge for hypertext links at any time.
29. Guest Books/Property Reviews.
29.1. Any entries in
the guest book or property review section of any
member's listing must be genuine comments from
guests who have stayed at the property advertised.
The e-mail address(es) of the guest(s) whose
comments are given must be supplied by a member to
us upon our request.
30. Substitution of Properties.
30.1. Each listing may only relate to a specific property. The property in a listing may not be substituted by another property. If a member 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.
31. Advertising More than One Property on One Listing.
32.1. Each listing on the Site displays an individual and uniquely identified property available for short-term holiday rental. The listing specifically cannot be a mere example of properties in a given area. Only one property can appear on each listing, unless it is a property with multiple rental units on the same site and additional advertising units are purchased. We reserve the right to amend the copy or remove any listing when more than one property is described in such listing, and may choose to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.
32. Unauthorized Payment Methods
33.1. No member may request any traveller to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Site from time to time may result in the immediate removal of the non-conforming listing from the Site without notice to member and without refund.
33. Termination of Advertising
33.1. All listings are sold to run the full term that is chosen by the member. Listings removed at your request prior to the completion of their full term are not subject to a refund.
33.2. We reserve the right to refuse any listing submitted to us either through our online submission process or sent to our offices for us to load or post onto the Site. We may refuse to publish the listing for any reason, and each current or prospective member expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.
33.3. If, in our reasonable discretion, any member submits unsuitable material to our Site or into our database, persistently misuses the Site or our online systems, or is in material breach of these Terms, we reserve the right to remove immediately such member's property from the Site without refund.
33.4. If we become aware of or receive a complaint from any person or entity regarding a member's listing or rental practices that, in our reasonable discretion, warrants the immediate removal of such member's allegedly offensive listing from the Site (for example, and without limitation, if a member double-books a property for multiple travellers on the same date, or engages in any practice that, in our reasonable discretion, would be considered unfair within the holiday rental industry, or if we receive a complaint that any listing's content infringes on the rights of a third party), then we may immediately remove the allegedly offensive listing from the Site without notice to the member and without refund while we investigate the basis for the complaint. If we conclude, in our reasonable discretion, that any such complaint is meritorious, then we may permanently remove the offensive listing from the site without notice to the member and without refund.
33.5. If any member is in breach of these Terms or its obligations to us then we may immediately remove such member's listing from the Site without notice to the member and without refund.
34. Distance Selling.
When, as a member, you choose to create a listing, you are agreeing that the listing may be placed shortly after you provide your agreement 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.
35. VAT (Value Added Tax)
We are not legally required to include VAT. This positions may change in the future.