General Terms and Conditions for Owners

General Terms and Conditions for Owners

 

1. Introduction

(1) These terms and conditions (the "Owner Terms") govern the relationship between Villas4All Ltd ("Villas4All", "Villas4All.com", "Us", "We" or "Our") registered in England no. 8111873 at the registered address B1 Business Center, Suite 206, Davyfield Road, Blackburn, BB1 2QY ("Villas4All Ltd") and any user of this website and of the content or services available through it (this, or the "site") who or which offers any property for rental through it, including property owners and property managers, (collectively, "Owners"). Villas4All Ltd specifically reserves all rights to limit provision of Our products and services to select persons, countries or geographic regions.

(2) The Owner Terms constitute a legally binding agreement between Villas4All Ltd and the Owner; each Owner who uses or accesses this site agrees to the Owner Terms.

(3) If the Owner is a company, partnership or other entity, a person who uses this site, and/or agrees to the Owner Terms, on behalf of that Owner represents that he/she has the authority to bind the entity to these Owner Terms.

(4) Villas4All Ltd does not authorise anyone to register with this site unless they are able to enter into legally binding contracts.

 

2. The Basics and Listing Terms

(1) This site is a place where Owners can advertise one or more holiday homes (each a "Property") for rental to potential tenants, and communicate with those potential tenants. We refer to actual and potential tenants, whether of the Owner’s or other Properties, as "Travellers".

(2) Villas4All Ltd is not, and does not become, party to any contractual relationship between the Traveller and the Owner, and does not mediate between the Traveller and the Owner in the event of any dispute arising between them. The site is a venue for Owners and Travellers to interact.

(3) Owners can agree with Villas4All Ltd to place on the site a paid-for Property listing ("Listing").

(4) To place a Listing, the Owner makes an order by means of the site’s relevant online form and pays to Villas4All Ltd the fees for the relevant Listing ("Listing Fees"). The amounts of the Listing Fees are set out in the Add Your Villa page.

(5) Listings are sold by Villas4All Ltd to run for the full term that is selected by the Owner. That term starts on the date that the Owner submits the requisite full or initial (as applicable) payment of Listing Fees (the "Purchase Date") and expires on the last date of the term selected by the Owner (the "Listing Term") - but will continue thereafter as provided in sub-paragraph (6) below. For example, for an annual Listing Term, if the Purchase Date is July 1st, the Listing would expire on June 30th of the following year (unless extended as provided below).

(6) Payments to Villas4All Ltd can be made by cheque or via Paypal. All banking and other fees relating to a payment shall be borne by the Owner.

(7) If an Owner purchases a Listing, but does not complete the creation of the Listing or the Listing does not appear on the site for any other reason, refund requests for Listing Fees will be considered by Villas4All Ltd, but are only available if applied for by the Owner by contacting Villas4All Ltd through the contact form during the first three (2) months following the relevant Purchase Date (the "Initial 2 Months"), and on condition that (i) the relevant Listing has not appeared on the site during the Initial 2 Months, and (ii) the failure of the Listing to appear on the site during the Initial 2 Months does not result from the Owner failing to take such steps as Villas4All Ltd may require in relation to the completion of the Listing.

(8) If no such refund is applied for or granted, but the relevant Listing is completed and appears on the site after the end of the Initial 2 Months, Villas4All Ltd may in its discretion permit the Listing Term to continue until fifteen (14) months after the Purchase Date for that Listing.

(9) Villas4All Ltd reserves the right to decline to place any Listing that appears, in Villas4All Ltd’s discretion, to be capable of infringing, or be associated with the infringement of, any provision of these Owner Terms.

 

3. The Members Area

(1) To order Listings, contribute Content or use any services provided through the Site, you must register your details with Villas4All Ltd (including your name and e-mail address) to become a registered user ("Owner"), and you agree to Villas4All Ltd processing your personal details in accordance with Our Privacy & Cookies Policy available via the Home page. If you do not agree to Our Privacy & Cookies Policy you should not become a User of this service.

(2) As a result of registration, an Owner is given a user profile in which the data he contributes is recorded and in which all the Property rentals offered by that Owner are specified (the "Members Area").

(3) In the Members Area, Owner will have various functions available which are intended to assist them to manage their Property rentals through the site; these functions, and the Members Area itself, are made available on an "as is" basis, no responsibility is accepted by or on behalf of Villas4All Ltd for any errors, omissions, or inaccurate Information or Content on the Site. Further, Villas4All Ltd does not warrant that the Site will be uninterrupted or error free or that any defects will be corrected.

 

4. Listing Details and Services

(1) In a Listing, one (1) Property rental is displayed, multiple listings can be purchased via a single Members Area.

(2) In a Listing, up to twenty (20) photos of a Property may be displayed. A cut-down version of the Listing is shown on the site as a search snippet, in the form of a preview with a picture of the Property, linked to the full-page Listing.

(3) Property search snippets are searched and displayed based on Villas4All Ltd’s sort algorithm. Travellers can also search Listings according to various criteria, such as:

- The number of bedrooms
- The number of guests
- Proximity to attractions
- The number of reviews
- The pricing
- Last minute deals

(4) Villas4All Ltd offers the possibility to link Listings to Google Maps. In order to do so, the Owner must confirm that the address indicated for the relevant Listing is correct on the Owner’s Members Area, and must separately agree to Google’s relevant terms and conditions.

(5) If the Owner has its own website upon which properties or property units available for rental appear (an "Owner Website"), the Owner may place links from each Listing to the Owner Website ONLY if a Featured Listing has been purchased. A Featured Listing provides an available website URL field for population by the Owner which will result in a website logo and link appearing within search results and on the full-page Listing.

 

5. Property Managers

(1) Villas4All Ltd may grant special terms to Owners who have Listings offering more than 10 Properties (known as "Property Managers").

 

6. Additional Paid Services

Villas4All Ltd makes available, and may from time to time add to or remove, additional paid-for-services that Owners decide to take ("Additional Paid Services"). The Additional Paid Services currently include:

(1) If an Owner subscribes to the "Featured Listing" service, the Property photo linked to the full Property details page of the Listing will additionally be shown in the rotation list in either the Featured Villas Page, Orlando Attractions Page or the Community and Homepage depending on which Featured Listing was purchased,. Note that the regularity with which a Featured Listing appears depends upon the number of other property Listings that have bought this additional service; the greater the number of such Listings, the lesser the regularity of their appearance.

(2) An Owner may purchase a 160x600 Banner advert from Villas4All Ltd via the Members Area. Banners are sold on a CPM basis (1,000 page impressions) and no guarantee is made about the volume of clicks or enquiries generated as a result of such advertising.

 

7. Termination

If Villas4All Ltd determines, or an allegation is made, that (a) Listings or other content associated with an Owner contain any material that infringes the Content Guidelines, the law, applicable regulations or the rights of any person or entity, (b) an Owner has submitted unsuitable material to, or misused, the site, (c) an Owner’s listing or rental practices are unacceptable or unfair (for example, and without limitation, if an Owner double-books a Property for multiple travellers on the same date, or engages in any practice that would be considered unfair or improper within the holiday rental industry), (d) the Owner is in material breach of these Owner Terms or any other obligations owed to Villas4All Ltd, any Villas4All Ltd Affiliate or Traveller, (e) an Owner has been is abusive or offensive to any employee or representative of Villas4All Ltd, (f) an Owner uses a false identity, or (g) anything similar to the foregoing has occurred in relation to any of Villas4All Ltd Affiliates, then Villas4All Ltd shall be entitled to terminate either (i) any affected Listings, or (ii) all Listings associated with such Owner (including, for the avoidance of doubt, any Additional Paid Services relating to those Listings) immediately and without refund of Listing Fees or any other fees or charges paid by the Owner. An Owner or Listing that contravenes any of the above requirements shall be in breach of these Owner Terms. Note that Villas4All Ltd assumes no duty to investigate complaints.

 

8. Rights and obligations of Villas4All Ltd

(1) Villas4All Ltd shall be entitled to change the layout of this site at any time during the course of a Listing Term and without prior notice on the basis the change does not deny the Owner the value of the Listing Fee paid in relation to the relevant Listing.

(2) Villas4All Ltd shall use commercially reasonable efforts to ensure that Property depictions on the site are as true and accurate a representation as practicable of the photographs of their Properties that Owners have submitted to Villas4All Ltd. However, Owners acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.

(3) Villas4All Ltd may occasionally undertake upgrades of the site upgraded in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the site. Villas4All Ltd will, where possible, aim to ensure that maintenance of the site that causes any such restriction is undertaken at a time when most Travellers’ usage is least affected.

(4) Villas4All Ltd also provides an enquiry contact form which serves to send messages from the Traveller to the Owner of the relevant Property. Travellers acknowledge that unauthorised third parties may misuse such messaging system and unlawfully intercept or read messages. Villas4All Ltd is not liable for any such misuse.

(5) Villas4All Ltd conducts annual checks to establish the existence of a Property and that the ownership of such a property matches details supplied to Villas4All Ltd by the Owner. The Owner agrees to promptly (and in any event within any period requested by Villas4All Ltd) supply to Villas4All Ltd such proof of ownership or of a Property’s existence as Villas4All Ltd requests. Each Owner acknowledges that failure to comply with any such request constitutes a breach of these Owner Terms.

(6) Villas4All Ltd complies with its data protection obligations. The Owner authorises Villas4All Ltd to forward the Owner’s contact details, including telephone number, to Travellers in connection with a Property booking. The Privacy Policy provides further details. Villas4All Ltd may, for the sole purpose to prevent fraudulent behaviour of a third party, give an Owner's phone number to a Traveller.

 

9. Copyright

(1) All content that appears on this site, and the site itself, is protected by copyright and database rights. Reproduction of the site, in whole or in part, including the copying of text, graphics or designs, is prohibited.

(2) Owners are permitted to download, display or print individual pages of the site to evidence their agreement with Villas4All Ltd. The relevant file or the relevant printout must clearly bear the text "© 2012 Villas4All Ltd - All Rights Reserved".

 

10. Further Rights and obligations of the Owner

(1) The Owner shall submit truthful particulars about his personal identity and payment data and offer in Listings only Properties which the Owner is entitled to rent to Travellers.

(2) The forms made available by Villas4All Ltd must be completed appropriately. In particular, the Owner is not permitted to change the Listing in such a way that a different Property or unit is included in it if the Owner has not subscribed to the corresponding Additional Paid Service.

(3) The Owner undertakes to present the Listing, including all information concerning the Property, fully and accurately, and (i) if a translation is provided to ensure that it is carefully and correctly translated, and (ii) to comply with the listing guidelines when drawing up the Listing. The Owner shall NOT give misleading particulars about the origin of any information OR include details that may conceal the true source of any information.

(4) Owners are required to keep their account login details secret and not to pass them on to third parties. Villas4All Ltd will never ask Owners to disclose this data. If Owners are contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify Villas4All Ltd of the situation by email to Villas4All Support. Should any Owners notice that their account is being used by an unauthorised third party, they should immediately report the matter to Villas4All Ltd by email to Villas4All Support and change their password.

(5) Villas4All Ltd complies with its data protection obligations. The Owner authorises Villas4All Ltd to forward the Owner’s contact details, including telephone number, to Travellers in connection with a Property booking.

(6) The Owner must not misuse the site’s email or messaging system. Emails and messages, including recommendations through the "recommend to a friend" option, may be sent out only with the recipient's consent.

(7) Owners are responsible for ensuring that their Listings do not infringe the law or the rights of any person or entity. Listings must not contain false information, personal insults, anything slanderous or defamatory, or anything that infringes copyright or data protection law.

(8) The Owner shall be obliged for charging, and accounting to the relevant authorities for, taxes (including, where relevant, VAT) on the payments they receive.

(9) Villas4All Ltd reserves the right to transfer these Owner Terms, and to assign or subcontract any or all of its rights and obligations under these Owner Terms, to a third party but will not do so in such a way as to reduce any guarantees you are given to the Owner under these Owner Terms.

 

11. User rights to content

(1) Where an Owner submits to or transmits through the site any content of any type, including text or images, the Owner undertakes that he has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or owners of featured items (’property release’).

(2) To the extent that Owners’ Listings and other submissions may contain trademarks, Owners declare that they have the right to use them, including sublicensing rights.

(3) By submitting any form of content to the site, the Owner authorises Villas4All Ltd and each of its Villas4All Ltd Affiliates to display and disseminate the content in connection with the performance of these Owner Terms.

 

12. Indemnification

Owner shall indemnify and hold Villas4All Ltd and each Villas4All Ltd Affiliate harmless against any claims by third parties brought against Villas4All Ltd or any Villas4All Ltd Affiliate arising out of or in connection with any breach of these Owner Terms on the part of the Owner.

 

13. Prohibitions

The Owner shall not directly or indirectly:

a) With respect to the site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;

b) Monitor content on the site by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or property rental adverts, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with the site or Villas4All Ltd) 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 Villas4All Ltd’s robots.txt file;

c) Use the site for purposes other than those referred to in these Owner Terms;

d) Use the site or the tools and services on the site for the purpose of booking or soliciting a rental for a property other than a Property under a valid Listing;

e) Reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;

f) Upload or send to the site any contents or programs, which on account of their size or nature, might damage Villas4All Ltd’s computers or networks;

g) Include content on the site that breaches any applicable criminal or other laws, or encourages any such breach;

h) Use or access the site in any way that might endanger any computer system or network, including by making available any virus (for which purpose, „virus" includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);

i) Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered „phishing" (whether primary, secondary or other) or that would give rise to criminal or civil liability;

j) Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or

k) Refer to Villas4All Ltd or any Villas4All Ltd Affiliate in any way that might lead someone to believe that the Owner, any Property, Listing or website is sponsored by, affiliated with, or endorsed by Villas4All Ltd or any Villas4All Ltd Affiliate

 

14. Messaging

(1) Any messages should be sent to Villas4All Ltd using Villas4All Support or by post.

(2) Notices regarding infringements of copyright must specify the following:

(a) Your address, telephone number and email

(b) Detailed information about the content concerned (display of the image or text), including a link to the site;

(c) A formal declaration showing that you

(i) Are the holder of the exclusive user right to the work;

(ii) Have not authorised the use of the relevant material in this form.

 

15. Computer Viruses, Worms and Trojan Horses

(1) Whilst we use reasonable endeavours to protect this Site (including Information and downloads) from computer viruses, worms, Trojan Horses and other such destructive features (the "Destructive Features"), we do not warrant that the Site is free from such Destructive Features and accept no liability for any damage that may result from the transmission of any Destructive Feature via this Site or via any files which are available for you to download from the Site. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

(2) You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site or any service made available through it and that it is compatible with the Site. We give no warranty, condition or other term that the Information is compatible with all computer systems and browsers.

 

16. Villas4All Ltd's limited liability

In no event will Villas4All Ltd be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site, your use of the site and/or any transaction between users, even if Villas4All Ltd has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the Site, you do not agree with any part of these Owner Terms, then your sole and exclusive remedy against Villas4All Ltd is to discontinue using the site. In all events, our liability, and the liability of any Villas4All Ltd Affiliate, 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 Owner Terms shall exclude or restrict Villas4All Ltd’s liability for death or personal injury resulting from its negligence; nor for Villas4All Ltd’s fraud or fraudulent misrepresentation.

 

17. Governing Law and Entire Agreement

(1) These Owner Terms, and the relationship between the Owner and Villas4All Ltd, shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.

(2) These Owner Terms contain the entire agreement between Villas4All Ltd and Owner relating to their subject matter.

 

18. Miscellaneous provisions

(1) Villas4All Ltd recommends that the Owner saves his/her own copy of these Owner Terms in a separate file on its PC or in print-out form.

(2) The invalidity of one or more provisions of these Owner Terms shall not affect the validity of the other provisions.

(3) Villas4All Ltd’s failure to act with respect to a breach of these Owner Terms by the Owner or others does not waive Villas4All Ltd’s right to act with respect to subsequent or similar breaches.

(4) The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Owner Terms.

 

19. Events beyond our control

Villas4All Ltd will not be responsible for any breach of these Terms (including in relation to supplying any Product or Listing) caused by circumstances beyond its reasonable control, including without limitation acts of god, war, terrorism or technical difficulties.

 

20. Changes to the Terms

Villas4All Ltd reserves the right, at its discretion, to make changes to any part of this Site, the Information or these Terms. Should these Terms be amended, we will publish details of the amendments on the Site. It is your responsibility to refer to and comply with these Terms on accessing this Site. Failure to comply may lead to action being taken against you. By continuing to use the Site after we have published the notification you agree to be bound by these Terms as amended.

Date: August 24th, 2012