General Terms and Conditions for Visitors / Holidaymakers

General Terms and Conditions for Visitors / Holidaymakers

 

1. Introduction

(1) These terms and conditions (the "Visitor 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 is not using it in his/her/its capacity as a property owner or property manager ("Visitor"). Visitors include people who use the site to access information about, or to rent, properties. Villas4All Ltd specifically reserves all rights to limit provision of Our products and services to select persons, countries or geographic regions.

(2) The Visitor Terms constitute a legally binding agreement between Villas4All Ltd and the Visitor.

(3) By using or accessing this site, you agree to the Visitor 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

(1) This site is a venue where Visitors can view advertising of, and obtain information about, properties offered for rental ("Properties") by others, including property owners and managers, (collectively, "Owners"), and communicate with those Owners.

(2) Villas4All Ltd is not, and does not become, party to any contractual relationship between the Visitor and the Owner, and does not mediate between the Visitor and the Owner in the event of any dispute arising between them. We do not own or manage, nor can we contract for, any holiday rental property listed on the Site. Instead, the Site acts as a venue to allow homeowners and property managers who advertise on our Site (each, a "member") to offer for 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 any transaction between travellers and members even though we may from time to time provide tools that relate to a booking, such as a tool to enable a traveller to enter into a transaction to lease a specific property directly from a member. As a result, any part of an actual or potential transaction between a traveller and a member, including 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 a vacation property or the ability of travellers to pay for holiday rental properties are solely the responsibility of each user. We are also not responsible for the condition of the holiday rental properties listed on our Site or the compliance with laws, rules or regulations that may be applicable to any holiday rental property in any jurisdiction. Finally, while we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. In the event that we do provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users that they should have reached in a timely manner, or at all or that such messages or measures will prevent any harm, result or action.

 

3. Property Listings and Interaction with Owners

(1) Owners give Villas4All Ltd full permission to display the images and text on their behalf but are entirely responsible for the accuracy of all of the information, including images, text and other content, relating to the Properties they offer ("Listings").

(2) If Visitors find a Property in which they are interested, they can send an information request to the Owner (an "enquiry") stating their name, e-mail address and telephone number, and other requested information, without having to log in to the site for the purpose.

(3) The Visitor receives a confirmation from Villas4All Ltd, once an enquiry has been sent to Owner.

(4) The Owner may then communicate with the Visitor in connection with the inquiry.

(5) Villas4All Ltd has no responsibility for, or involvement in, the communication between the Owner and Visitor.

 

4. Rights and obligations of Villas4All Ltd

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

(2) Further, Visitors also acknowledge that Owners - and not Villas4All Ltd - are responsible for the accuracy with which the photos depict the relevant Property.

(3) Villas4All Ltd may occasionally undertake upgrades and maintenance of the site. These works may result in restrictions in the usage on the site. Villas4All Ltd will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when most Visitors’ usage is least affected.

(4) Villas4All Ltd offers a messaging system which may be used by the Owner and Visitor for making contact with one another. Completed enquiry contact forms will be forwarded to the email provided by the Owner of the relevant Property. Visitors acknowledge that unauthorised third parties may misuse the system and unlawfully intercept or read messages. Villas4All Ltd is not liable for any such misuse.

(5) Each Visitor acknowledges that Villas4All Ltd is not responsible for checking the identity, or for the behaviour, of Owners or for establishing the nature, condition or existence of a Property.

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

 

5. Intellectual Property and Related
(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) Visitors 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".

(3) Where a Visitor submits to or transmits through the site any content of any type, including text or images, the Visitor undertakes that he/she 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’).

 

6. Visitors’ Communications

(1) Messages sent via Villas4All Ltd’s messaging system should only relate to serious booking enquiries. It is prohibited to misuse Villas4All Ltd’s messaging system, such as by sending unsolicited commercial communications (spam). E-mails and site recommendations transmitted via the "Recommend this site" function should only be sent with the recipient’s consent.

(2) Villas4All Ltd also makes available to Visitors a facility for Visitors to submit reviews / comments about properties which they have rented the Property to the site.

(3) Please note that Villas4All Ltd does not, and does not realistically have the ability to, verify the accuracy or otherwise of reviews.

(4) Villas4All Ltd does not generally conduct identity checks. If Visitors suspect that the Owner has supplied false information, they are invited to notify Villas4All Ltd through the Villas4All Support Area.

(5) Villas4All Ltd complies with its data protection obligations. Further details can be obtained from the data protection policy. Owners generally authorise Villas4All Ltd to forward the Owner’s contact details, including telephone number, to Visitors in connection with a Property booking. Visitors may ask for these details to be supplied on production of proof of the booking;

 

7. Indemnification

The Visitor shall indemnify and hold Villas4All Ltd and its affiliates in other countries ("Villas4All Ltd Affiliates") 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 Visitor Terms on the part of the Visitor.

 

8. Prohibitions

The Visitor 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 Visitor 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 Visitor or any website is sponsored by, affiliated with, or endorsed by Villas4All Ltd or any Villas4All Ltd Affiliate.

 

9. Right to delete content

Visitors are responsible for ensuring that their communications, and content posted, through or in connection with the site, including communications with Owners, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright, data protection law or the Content Guidelines. Without prejudice to any other available remedies, Villas4All Ltd shall be entitled immediately to remove from the site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account.

 

10. Messaging

(1) Messages are to be sent using the contact form or by ordinary post to Villas4All Ltd, B1 Business Center, Suite 206, Davyfield Road, Blackburn, BB1 2QYH.

(2) Notifications of copyright infringement must contain:

a) Your postal address, telephone number and e-mail address

b) Precise details about the content in question (insertion of the text or image) including a link to the website;

c) A signed declaration in lieu of an oath, which implies that you:

(i) Hold the exclusive rights to use the work;

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

 

11. 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.

 

12. Liability of Villas4All Ltd

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 Visitor Terms, then your sole and exclusive remedy against Villas4All Ltd is to discontinue using the site. Nothing in these Visitor 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.

 

13. Miscellaneous

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

(3) Villas4All Ltd recommends that each Visitor save his/her own copy of these Visitor Terms in a separate file on its PC or in print-out form.

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

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

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

 

14. 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.

 

15. 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: September 15th, 2012