Terms and Conditions of Use

Whether you are a property owner or a property agent (an "Advertiser") placing advertisements on www.holidayproperties.co.uk ("our site") or a person using this site looking to rent (a “holidaymaker”) or to buy holiday homes (a "potential purchaser") then in all events, by using our site, these terms and conditions ("Terms of Use") explain the basis on which you use our site.

By using our site, you demonstrate that you accept the Terms and Conditions of Use. Don’t use our site if you don’t agree to them.

Information about us
Our site is wholly owned and operated by The Original Holiday Properties Co Limited, trading as holidayproperties.co.uk ("we" "us"). We are registered in England and Wales under company number 07289653 having our Registered Office at Claim Farm House, Manley Rd, Manley, Cheshire, England WA6 6HT. We are the data controller for the purpose of the Data Protection Act 1998.

We are basically two things; 1.) an advertising service for Advertisers and 2.) an accommodation/holiday property search facility for Holidaymakers and Potential Purchasers. We neither own, inspect nor provide content for any of the properties advertised on our site. In the case of a rental, we have no involvement in the actual booking process – which is always made direct with the owner - although we may from time to time provide tools (like a calendar) to help in the transaction between Advertiser and Holidaymaker. We never make any claims as to the quality of any of the properties advertised nor can we confirm the accuracy of the content of the advertisements. It is the sole responsibility of the Advertiser to be in a legal position to rent any given property and the sole responsibility of the Holidaymaker to pay for said rental.

Material on our site
The 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.

However, you are free to download material from our site for the purpose of using our site, but you mustn’t copy, transmit, modify, republish, save, pass off or link to any content on our site without our prior agreement.

Your safety
Consideration should always be given to the nature of advertisements and contracts transacted on the Internet and the risks involved. Although we encourage Advertisers and Holidaymakers to make direct contact with each other, you may never meet or directly speak to an Advertiser or a Holidaymaker, and 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 and we are not a party to that contract.
In recognition of this, any claim you may have that is in any way connected with a dispute you have with another Advertiser on our site must be brought directly against that Advertiser (and not against us!)

Our limitation of liability and responsibility
We act merely as an advertising service through which Advertisers can advertise properties worldwide either for rent or for sale to Holidaymakers and Potential Purchasers. We don’t own and have not inspected nor do we have any control over any property listed on our site and we make no representations or warranties regarding any of them.

While we require Advertisers to advertise properties truthfully, fairly and accurately, and we take all sensible steps to remove advertisements following any complaint from a Holidaymaker or another Advertiser, in reality, 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 suffered or incurred by you or another party arising from:

a. 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, 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;

b. 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 or a failure to provide the property in the condition or with the amenities that such property was advertised with on our site;

c. any loss of or damage to personal possessions at a property; or

d. 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, we will not be liable for any loss or damage caused by any intentional misuse of our site or the distribution of viruses that may infect your computer equipment, programs, data or other proprietary material due to your use of our site.

Reporting Inappropriate Content
If you consider any of the content of any photographs or any other material posted on our site by any Advertiser to be offensive, discriminatory, defamatory 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 the site.

Please send details of any content which you consider to be inappropriate content to us

by email to legal@holidayproperties.co.uk

Intellectual Property (IP) Infringement
If you are an intellectual property rights owner and consider that the content of any photographs or other material posted on our site by any Advertiser infringes your IP rights, you can notify us of such infringement by sending the following information to us:

a. identification of the work which you claim to be infringed;

b. identification of the content which you claim to infringe that work in order to allow us to locate the allegedly infringing material;

c. your contact details; and

d. confirmation that you have not authorised the use of the work in the manner complained of.

Please send details of such infringement to us:

By email to legal@holidayproperties.co.uk

Interruptions to 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 ongoing 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. 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.

No partnership or agency
Nothing in these Terms and Conditions of Use is intended to establish any partnership joint venture or agency between us.

Law and jurisdiction
These Terms and Conditions of Use are governed by the laws of England and Wales, and the Courts of England and Wales shall have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

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, the website 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 and Conditions 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.

Invalidity
If a provision of these Terms and Conditions of Use (or part of any provision) is found to be 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 and Conditions of Use at any time by amending this page or by publishing notices elsewhere on our site.

Notices
Any notices that you want to send us should be emailed to legal@holidayproperties.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.

Advertiser Agreement

This document sets out the additional terms and conditions on which you may make use of www.holidayproperties.co.uk ("our site") as a property owner or agent (an "Advertiser") when placing advertisements on our site. Please read the User Agreement thoroughly before using our site. By advertising on our site, you indicate that you accept the User Agreement.

Information about us
Our site is operated by The Original Holiday Properties Co Limited, trading as holidayproperties.co.uk ("we" "us"). We are registered in England and Wales under company number 07289653 and have our registered office at Claim Farm House, Manley Rd, Manley, Cheshire WA6 6HT. We are the data controller for the purpose of the Data Protection Act 1998.

We are an advertising service for Advertisers and an accommodation search facility for other users of our site ("Holidaymakers"). We have absolutely no involvement in the booking process or transaction, although we may provide tools to enable the transaction between Advertiser and Holidaymaker. 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.

Rules for advertising
By advertising on our site and providing information to us, you agree to the following:

Eligibility to advertise
a) That we may undertake searches for the purposes of verifying your identity. To do so, we may check the details you supply against any particulars on any database (public or otherwise) to which we have access.

b) To provide us proof of personal ID, proof of ownership of the property advertised on our site, and proof of authority to list, to offer for rent (and/or FOR SALE) and to rent or sell the property, upon request.

c) That you will not wrongfully withhold a deposit or fail to give a refund in accordance with any underlying rental agreement.

d) That you will not wrongfully deny access to the advertised property.

Advertising content
Prior to activation of an advertisement all content that you submit is subject to approval. As part of that process and in an ongoing capacity we reserve the right to review and amend content and photographs you supply. All photographs that you submit to the site must be ‘genuine’. You are solely responsible for the content of any material that you submit to the site. We will not be responsible or liable to any third party for the accuracy of any content which you upload to our site or for any information you provide to us/any user of our site.

You agree that you will accurately describe and present the property and also will disclose any material defects.

You agree that any photographs and/or any other content or material that you submit to the site for the purpose of advertising or selling a holiday home ("Advertiser Content") must not contain any of the following:

o any nudity, lewd gestures or any other material that is threatening, offensive, violent, pornographic, obscene, hateful, discriminatory or that could encourage the commission of a criminal offence;

o any material that is defamatory;

o any material which infringes the copyright or other intellectual property rights of a third party, or which breaches any privacy rights of a third party;

o inaccurate or false information about the holiday home; or

o any other material which is considered to be inappropriate,

together referred to as "Inappropriate Content".

In respect of any Advertiser Content you submit to the site, you will retain the intellectual property rights in such Advertiser Content. By submitting Advertiser Content to our site, you hereby grant to us, our sub-licensees and assignees, a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use, edit, reproduce, record, modify, translate, distribute, play, perform, make available to other users of our site, prepare derivative works of and to display the Advertiser Content by any medium or method whether now known or later developed for the purpose of providing the services via our site and for promoting our services, including the right to assign, sub-license or transfer the whole or any part of these rights to a third party. You agree to waive any moral rights or similar rights that you have in the Advertiser Content whether such rights arise pursuant to the Copyright, Designs and Patents Act 1988 or equivalent legislation anywhere in the world.

We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any Inappropriate Content or other similar material onto our site.

You warrant and agree that:

o you own or have the necessary licences, rights and consents in writing in and to any Advertiser Content that you submit to our site and you will provide to us evidence of all such licences, rights, consents and permissions if we so request; and

o the Advertiser Content is your own original work and has not been copied wholly or substantially from a third party;

o the Advertiser Content is accurate, complete and true;

o the Advertiser Content complies with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority; and

o the Advertiser Content does not contain any Inappropriate Content.

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 any one of the following:

o any failure by you to obtain the necessary licences, rights and consents in and to any Advertiser Content that you submit to our site;

o any claim by a user or any third party in connection with or resulting from the Advertiser Content, including any claim that the Advertiser Content infringes the intellectual property or other proprietary rights of a third party;

o the inclusion of any Inappropriate Content in any Advertiser Content.

We reserve the right to remove from our site without notice and at our sole discretion:

o any Advertiser Content which we consider to contain Inappropriate Content; and/or

o any Advertiser Content in respect of which we have received notification that such content infringes, or may infringe, the intellectual property rights or privacy rights of a third party or breaches a duty of confidentiality to a third party.

Multiple properties
That a property advertisement on our site pertains to one holiday home, not multiple homes, nor an example of properties in a certain region. Only one self-contained holiday home should be represented in an advertisement unless prior written permission has been given by us. We reserve the right to amend any property adverts not adhering to this policy.
Exchanging properties
A property advertisement on our site relates to a specific property, and this property must not be substituted for another by way of changes to the text and photographs unless prior permission has been given to the Advertiser. If an Advertiser is found to have changed the property being described, we reserve the right to suspend the advert in question.
Rentals only - Availability calendar accuracy
It is a requirement of your advertising contract with us that your availability calendar accurately reflects the availability for the advertised property at the time the calendar is updated. Misrepresentation of availability of the advertised property is clearly misleading to site users. We reserve the right to withdraw the calendar facility or terminate the advertisements concerned, without refund, where we believe calendars to be misleading.
Rentals only - Availability calendar updating
In line with the above paragraph, we recommend that calendars are updated on a weekly basis. This includes confirming if there have been no changes in that period. Failure to provide the minimum frequency of updates will affect advert performance and the user search experience. We reserve the right to withdraw the calendar facility from adverts where availability is considerably out of date. Adverts that repeatedly fail to meet this minimum requirement will be terminated without refund.
Rentals only - Rental rates table accuracy and updating
It is a requirement of your advertising contract with us that your rental rates table accurately reflects the available and current prices for the advertised property. Rental rates should be based on the price per week (seven nights); nightly rates for midweek and weekends can be entered separately in the column provided. Rental rates must be representative of your maximum occupancy; up to two additional rental rates tables can be included to reflect rates for smaller group sizes. We recommend that you have a minimum of 12 months' data in your rental rates tables in order to facilitate advance holidaymaker searches.

We reserve the right to request accurate updating of rental rates tables from advertisers. Failure to act on such requests, continued failure to accurately reflect available pricing, or sustained complaints from holidaymakers about misleading advertised pricing will result in termination of advertising, again without refund.

Termination of an advertisement

o If we receive substantiated complaints from any number of site users about a specific advertisement misrepresenting the property or its surroundings, or the inappropriate behaviour of an Advertiser, then we reserve the right to remove the advertisement without notice and retain payment;

o If an Advertiser attempts to enter unsuitable material into the online database, or persistently misuses the online systems, we reserve the right to remove the associated advertisement from our site. Full payment will be retained;

o We reserve the right to remove any advertisement from our site that we consider unsuitable, incomplete or misleading, or which we consider to contain Inappropriate Content, and will not be liable for any expense in so doing;

o We reserve the right to refuse any advertisement from our site where the content fails to meet these requirements.

o If an Advertiser wishes to have their advertisement removed from our site before the end of their subscription, this will be done as soon as we receive formal notice from the Advertiser by email to cancellations@holidayproperties.co.uk quoting their Advertiser ID and password. No refunds will be given;

o If an Advertiser is in breach of these terms we may remove the advertisement from our site without notice and without refund.

Contactability
In the interests of maintaining a fair level of service to Holidaymakers using our site, we require all Advertisers to be available to respond to enquiries by telephone or email. Should Advertisers be unavailable for a period of more than 1 week, we ask them to leave an answerphone message to that effect or to set up an out of office response on their email account. We reserve the right to suspend adverts of Advertisers who are unreachable for more than 2 weeks. In this instance we will send messages by telephone and email asking for the Advertiser to request re-activation upon their return.
Guest reviews
All Guest Reviews must be genuine comments from your guests. We reserve the right to request the email address of the guests whose comments are included for the purposes of verification.
Unauthorised payment options
No Advertiser should request payment from a Holidaymaker via an instant cash wire transfer system such as Western Union or MoneyGram transfer. Neither may you request payment by cash sent by post. Such actions will result in the immediate termination of your advertising. Payment should ideally be accepted via credit card, cheque, bank transfer or even PayPal.
External links
We reserve the right to remove from advertisements both email addresses and links to external websites which we feel act against the interests of us or our Advertisers. The ultimate responsibility and authority for determining this rests with us. Should an Advertiser add a link or email address without consent, re-add a link or email address after its removal or remove reciprocated links from their website, we reserve the right to cancel their advertising without refund.

Payment details
Advertisements will not be activated without payment.

If payment is being made by credit or debit card this can be processed online by MONEYBOOKERS our online card payment provider.

If you are sending a cheque please address it to: ‘Holiday Properties’ and post it to Claim Farm House, Manley Rd, Manley, Cheshire WA6 6HT.

For payments made to us by bank transfer and/or in a foreign currency, an admin fee of £10 will be applied in order to cover the bank charges incurred.

All/any Advertisements can be paid for on a quarterly (three monthly) basis. If you opt to pay by Subscription, the fee will be debited on a quarterly basis from the card you provide. No 'cooling off period' applies beyond the first quarter of advertising.

VAT
Our services fall within Schedule 5 of the VAT Act 1994 and therefore the Advertiser is required to account for any VAT (or equivalent) due in their own member state/country.

We are legally required to charge VAT on our fees at 20% to Advertisers who are either resident in the UK or who are private individuals resident in the EU.
If you are an Advertiser resident outside the EU, VAT will not be charged as our services are outside the scope of UK VAT when provided to you.
If you are an EU resident Advertiser (except in the UK) and if you confirm that you are "in business" we will not charge UK VAT on our fees.
“In business" for this purpose means that you rent property on a regular basis to generate income.

EU residents (except UK)
By confirming you are "in business" you may be required to account for VAT on our fees in your local jurisdiction. Residency is interpreted for VAT purposes as the country where the individual has set up home and is in employment.

Please note that all Advertisers, whether they are in business or not, are responsible for charging and accounting to the relevant authorities for taxes (including VAT where relevant) on the rental payments they receive

Refund policy
We provide an advertising service rather than a physical product. We offer a 'cooling off period' of seven working days wherein an Advertiser may cancel the requested advertising; to cancel you will need to email us at cancellations@holidayproperties.co.uk stating your Advertiser ID and password. The 'cooling off period' applies to the initial advertising period only; it can’t be applied beyond the first quarter of advertising.

Changes to pricing and conditions
We reserve the right to change the rates and conditions without notice. Any new rates will be applicable immediately for all new advertisements and renewals for both new and existing Advertisers.

Intellectual Property
All copyright, database rights, trade marks and design rights ("Intellectual Property") 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.

Your safety
Consideration should always be given to the nature of advertisements and contracts transacted on the Internet, and the risks involved. Although we encourage Advertisers and Holidaymakers to make direct contact with each other, you may never meet or directly speak to an Advertiser or a Holidaymaker, and you must therefore proceed with care and judgement when using our site.

Claims and indemnity
Your contract for the rental of any property you list on our site is directly with the user of our site 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 a user of our site must be brought directly against that user and not against us.

You also agree to compensate us for any claims, actions, costs, expenses (including but not limited to legal costs and disbursements), losses or damages suffered or incurred by us as a result of any claim made against us by a user of our site or any other third party as a result of or in relation to your dealings with users of our site, including:

any error, mistake or inaccuracy, or misleading or fraudulent representation, contained in any statement, description, representation or other information made about or in connection with a property advertised by you on our site;
any act or omission by you or third parties on your behalf or any failure by you to comply with any of the terms of the contract between you and the user;
any loss of or damage to personal possessions at a property;
any incident or occurrence which takes place at a property, including any personal injury suffered by a user or any other person whilst at the property or as a result of your negligence.

Our liability and responsibility
We act merely as an advertising service through which you can advertise properties to users of our site and we make no representations or warranties regarding the capacity of any user of our site to make a booking with you.

To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
Any loss or damage suffered or incurred by you as a result of:

o the act or omission of any user of our site or any failure of the user to perform or comply with any of the terms of the contract between you and the user, including a failure to pay any sums required under the contract;

o any damage to the property or loss of or damage to items contained therein; or

o any incident or occurrence which takes place at the property;

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation:

o any liability for loss of income or revenue;

o loss of business;

o loss of profits or contracts;

o loss of anticipated savings;

o loss of data;

o loss of goodwill;

o wasted management or office time; and

o for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

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 ongoing 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. NB: By paying to advertise on our site, you will not be entitled to have your property advertised on any of our current partner sites. We show their properties on our site and not vice versa.

No partnership or agency
Nothing in these Terms of Use or in your use of our site creates, or is intended to establish, any partnership, joint venture or agency between us.

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 in your country of residence or any other relevant country).

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.

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 info@holidayproperties.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.

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