Terms and Conditions for Advertisers
(1) These terms and conditions(Ts&Cs) govern the relationship between "Rental Guide", ("The Provider") and any user of this website, and/or the content or services available through this website, which offers any property for rental or any company advertising through it.
(2) Ts&Cs constitute a legally binding agreement between the Provider and the advertiser; each person who uses or accesses this site agrees to the Ts&Cs.
(3) If the advertiser is a company, partnership or other entity, then any person who uses this site, and/or agrees to the Ts&Cs, on behalf of that entity, implicitly has authority to bind said entity to these Ts&Cs.
2. The Basics and Listing Terms
(1) The site is a means by which Owners can advertise one or more holiday homes (each a "Property") for rental to potential tenants, and communicate with those potential tenants and also for businesses to advertise alongside rentals as services to potential clients.
(2) The Provider is not, and does not become, party to any contractual relationship between the Potential Client and the Owner and or business, and does not mediate between the Potential Client and the Owner and or business in the event of any dispute arising between them. The site is a venue for Owners and Potential Clients to interact.
(3) Owners can agree with the Provider to place on the site a paid-for Property Rental Advert ("Listing").
(4) To place a Listing, the Owner makes an order by means of the site’s relevant online form and pays to the Provider the agreed amount for the relevant Listing ("Listing Fees"). The amounts of the Listing Fees are set out in the price-list.
(5) Listings are sold by the Provider to run for the full term selected by the Owner. That term starts on the date ("The Purchase Date") that the Owner submits the requisite full or initial (as applicable) payment of Listing Fees 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 the Provider can be made by, bank transfer or credit card payment. All banking and other fees relating to a payment shall be borne by the Owner and or business.
(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 the Provider, but will be only available if applied for by the Owner contacting the Provider through the relevant contact form, during the first three (3) months following the relevant Purchase Date (the "Initial 3 Months"), and on condition that (i) the relevant Listing has not appeared on the site during the Initial 3 Months, and (ii) the failure of the Listing to appear on the site during the Initial 3 Months does not result from the Owner failing to take such steps as the Provider 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 3 Months, the Provider may in its discretion permit the Listing Term to continue until fifteen (15) months after the Purchase Date for that Listing.
(9) The Provider reserves the right to decline to place any Listing that appears, in the Provider’s opinion, to be capable of infringing, or be associated with the infringement of, any provision of these Ts & Cs.
3. Listing Details and Services
(1) In a standard Listing, one (1) Property rental is displayed. If the Owner selects to display a "Multiple-Unit Listing", such Multiple-Unit Listings shall be at the same physical address as any one part of the Listing.
(2) In a standard 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) The Provider offers the possibility to link Listings to Google Maps. In order to do so, the Owner and or business must confirm that the address indicated for the relevant Listing is correct.
(4) If the Owner has his/her 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, on condition that at all times Properties available through Listings on the site represent at least 50% of the total number of properties/property units available for rental on or through, including by means of advertising placed on or sites directly or indirectly linked to, the Owner Website. If the Provider finds that the requirements of this sub-Clause have been breached, the Provider will be entitled to remove any link or reference to an Owner Website from each Listing immediately, and notify the Owner by email that this has been done.
If the Provider determines, or an allegation is made by a third party, that (a) Listings or other content associated with an Owner and or business contains any material that infringes the Content Guidelines, the law, applicable regulations or the rights of any person or entity, or (b) an Owner has submitted unsuitable material to, or otherwise 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 Potential Clients 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 Ts & Cs or any other obligations owed to the Provider, any Provider Affiliate or Potential Client, (e) an Owner has been is abusive or offensive to any employee or representative of the Provider, (f) an Owner uses a false identity, or (g) anything similar to the foregoing has occurred in relation to any of the Provider Affiliates, then the Provider 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 Ts & Cs.
Note that the Provider assumes no duty to investigate complaints.
5. Rights and obligations of the Provider
(1) Provider 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 understanding the change does not deny the Owner the value of the Listing Fee paid in relation to the relevant Listing.
(2) The Provider 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 the Provider. However, Owners must acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
(3) The Provider may occasionally undertake upgrades of the site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the site. The Provider will, where possible, aim to ensure that maintenance of the site that causes any such restriction is undertaken at a time when most Potential Clients’ usage is least affected.
(4) The Provider also provides an inquiry contact form which serves to send messages from the Potential Client to the Owner and or business for relevant information. Potential Clients should acknowledge that unauthorised third parties may misuse such messaging system and unlawfully intercept or read messages. The Provider is not liable for any such misuse.
(5) The Provider does not generally conduct identity checks or establish the existence of a Property and or business. If the Provider – including as a result of information provided by Potential Clients – suspects that the Owner has supplied false information, the Owner acknowledges that the Provider is entitled to carry out identity checks on the Owner or to prove the existence of a Property and or business; if requested to do so, the Owner agrees promptly (or within any period requested by the Provider) to supply to the Provider such proof of identity or of a Property’s existence as the Provider requests. Each Owner acknowledges that failure to comply with any such request constitutes a breach of these Ts & Cs.
(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.
7. Further Rights and obligations of the Owner
(1) The Property Owner shall submit truthful particulars about his personal identity and payment data, and only offer in Listings, Properties which the Owner is entitled to rent to Potential Clients
(2) The forms made available by the Provider 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) Property Owners undertake 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) The Provider complies with its data protection obligations. The Owner authorises the Provider to forward the Owner’s contact details, including telephone number, to Potential Clients in connection with a Property booking.
(5) The Owner and or business 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.
(6) 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.
(7) The Owner shall be liable for charging, and accounting to the relevant authorities for, taxes (including, where relevant, VAT) on the payments they receive.
Owner shall indemnify and hold Provider and each Provider Affiliate without blame, against any claims by third parties brought against the Provider or any Provider Affiliate arising out of, or in connection with, any breach of these Ts&Cs on the part of the Owner.
The Owner shall not directly or indirectly:
a) With respect to the site, its content, and any or all databases included in the site, in any way, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or destroy 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 the Provider) 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 the Provider’s robots.txt file;
c) Use the site for purposes other than those referred to in these Ts & Cs;
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 the Provider’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
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, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or
k) Refer to the Provider or any Provider 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 the Provider or any Provider Affiliate
10. The Provider’s limited liability
In no event will the Provider 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 the Provider 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 Ts & Cs, then your sole and exclusive remedy against the Provider is to discontinue using the site. In all events, our liability, and the liability of any Provider 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) Â£100.00 in the aggregate. Nothing in these Ts & Cs shall exclude or restrict the Provider’s liability for death or personal injury resulting from its negligence; nor for the Provider’s fraud or fraudulent misrepresentation.