Home & Holiday Lettings

Welcome to Home & Holiday Lettings website. We welcome all guests to our website. By using our

website we requireall browsers to accept that you are subject to the terms and conditions set out

below. By accepting these terms youare contracting into a legally binding contract with Home &

Holiday Lettings. Please read these carefully.If you do not agree with these terms and conditions,

please do not use our website.

 

 

Use of our service

 

The following are the terms and conditions of H&HL (we, us). When accessing (using) the H&HL

website, you (user, member) are acknowledgingsubjection to the terms and conditions (terms)

as set out below.

 

When accessing the site we advise that you carefully read through the terms and conditions as

they represent a legally binding agreement between H&HL and the user. By using or accessing the

website the user is entering into a contract with H&HL and must remain within the terms as provided

by us; including any amendments made thereafter.If for any reason you do not agree with any of the

terms then do not use or access this site; or information contained within in any way whatsoever.

 

 

Terms and Conditions last amended: 18 June 2009

 

We reserve the right to change the terms when appropriate, posting the new version of the terms to

the site. We will notify users and members,on the site, when we amend and replace terms, when they

will take effect and the effect they will have on the site and you.

 

Any amendments, operative or non operative, that are capable of affecting a user untowardly will take

effect at least 30 days after the date it is posted. If after the amended terms are posted you feel that you

no longer want to be governed by the up-to-date terms, notify H&HL, in writing, on or before the date the

up-to-date version of the terms is to take effect and from this point cease using the site or members

may elect to remain bound by the previous terms until the period for which they have paid charges to

advertise has expired.

 

Amendments, non operative, to terms that do not affect users or members adversely can take

immediate effect when they are posted to the site. All users will be advised, on the site, that terms have

been amended and the date that this has taken place.

 

This Agreement 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.

 

We do not charge users to access and use the Site.
We do charge a fee to members for each rental advertisement on our site, each advertisement being

a single property.

 

In conjunction with the above we offer users and members a license to use the site as applicable to

them. i.e. advertise properties and view or make inquiries to members regarding particular holiday

rental properties, all in accordance with these terms. Any other use of the site is expressly prohibited.

 

The license offered does not allow for any copying or duplication of any information produced by or

held on the site; this includes data mining and other data collection without prior written permission.

The only exception being general purpose internet search engines and non-commercial publicly available

archives and only then for the purpose of providing hyperlinks directing users to the site. A ' general

purpose internet search engine' in no way includes websites or search engines or other services that

provide listings for property rental adverts or any derivative of the afore mentioned, or any user who

provides holiday property rental services.

 

H&HL are not and will never  be part of the transaction between users and members. Our site is not

party to rental transactions as H&HL do not own property listed on the site nor can we enter into contracts

with those properties. The site is merely a locus which allows members of our site to rent and offer for

rent specific property to users (using the members' own pricing). We may on occasion offer services to

users that will help a transaction run more smoothly with a member. These services are provided at the

discretion of H&HL and maybe withdrawn without prior warning.

These services would include direct booking. We do not guarantee the ability of members to rent holiday

property, nor can we offer a guarantee of the ability of users to pay for the transaction, these are solely

the responsibility of the members and users. As a result of these services H&HL cannot take any

responsibility for the accuracy of the advertisement. When entering into a contract with a user we advise

direct communications as we cannot verify any identity claimed by the user, because of the nature of the

internet. By providing these services we also cannot guarantee in anyway whatsoever the quality, safety

or legality of the properties advertised on the H&HL site.

 

All content on the site or provided by the site are only for your personal use. Copying or storing any of the

content other than for personal use (non-commercial) is expressly prohibited without first gaining written

permission from us. When making rental inquiries downloading, copying and printing a single copy of the

relevant information connected to that rental is allowed so long as it is used solely for non-commercial, 

personal, use and is not modified in any way.

 

We reserve our right to change any aspect of the site at any time, this includes changing and discontinuing

any features or aspects of the site and its content along with the data that we hold. And although we strive

for 100% uptime if for any reason there are technical problems we also reserve the right make the

changes to correct these problems and cannot guarantee continuous access (either to the site or its

components).

 

We allow users to opt in/out of our emailing lists, which may be from ourselves or third parties that we

think may offer you valuable information and/or products. The ability to opt out of our emailing list will be

provided with each communication. Our privacy policy offers further information on our information

collection, use and sharing along with the safeguards that are in place. By using the site you are also

agreeing to the terms of our privacy policy.

 

The information you provide along with that which we reciprocate may be processed in countries other

than the UK by third parties working on our behalf and as such personal data may be held both in and

outside the UK if those countries fall outside of the EU data protection laws may not be as complete but

personal information will always be treat with the utmost respect and compliant with all applicable laws.

Information about other companies that may hold your details is available upon written request.

 

We do not condone spam and other misuse of information. You are not licensed to add a site user to

mailing lists under any conditions without the user's express consent and by using the site you are

agreeing that other users' information gained from the site or consequent communications with the

users will not be used in an unsolicited manor. Furthermore any other communication other than that

necessary or that to which the user has previously agreed to is not allowed. You must also offer the

user the opportunity at all times to remove themselves and any information connected to them from

your databases/mailing lists. The users of the site must also be allowed the opportunity to review any

information you hold about them. You also assume all liability for the information you hold pertaining to

users regarding misuse, including but not limited to the loss and theft of that information.

 

When using email tools or passing information from the site to other people or groups of people

(including companies and organizations)  you are agreeing that you have received consent from the

recipient(s) and they are in agreement with our terms, if you have not you may bear liability and are not

in compliance with our terms.

 

We are in no way responsible for the user submitted information including any reviews or accuracy of

property description, we do review site content but not all of it can be pre-screened. We do reserve the

right to suspend, alter, remove and/or decline any posted information that we feel fails to meet our

requirements as acceptable content. The user of the site is responsible for and therefore liable for the

accuracy of the listings. AS such we disclaim any liability arising from information the users have

provided (including but not restricted to accuracy of listings, reviews, breaches of contract (alleged and

other). Users are responsible for keeping information about the properties up to date and accurate.

This information includes prices and we cannot accept liability regarding pricing disputes. Users should

always qualify that the information provided by other users is accurate. We reserve the right to disclose,

by law, any information to satisfy any legal, regulation or government request disregarding the accuracy

of the information.

 

In no event will the site, company (H&HL), subsidiaries, affiliates, officers, directors and/or employees 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 the H&HL, 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. 

We do not guarantee that the site meets the requirements of users, including; availability, features,

speed  of the site, content, any communication, or any transactions with other users or ourselves,

functionality or any material or content contained therein. We also cannot guarantee service will be

uninterrupted or error free and that any errors will be corrected. Availability of the site and it being free

from viral infection (or other harmful components) are also not guaranteed. By agreeing the terms you

also acknowledge that any transmission to and from this site is kept private to the best of our ability but

may not be confidential and your communications may be read or intercepted by others.

 

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.

 

You agree to indemnify any members of H&HL against all liabilities, claims and expenses (including

reasonable legal fees) that may arise out of or in connection with any breach of these terms by you or

through a machine on which you access the Site, any of your user-contributed content infringing these

terms or the rights of any person or entity or any rental or other property-related transaction to which

you are party or that is entered into in connection with this Site.

If any claim is made against us that you indemnify us for then we will have the right to conduct its defense

and settlement, but we will take reasonable account of any representations you make to us in relation to

such a claim.

 

We rely on users to inform us of any misinformation, as an independent business we have no (not limited

to) partnership, franchise or agency created by these terms and to that end anything you see that appears

to contravene any of these terms should be reported to us, only, at

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

All notices shall be given either by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by post to:
24 St Austell Close, Stainton Manor, Middlesbrough, TS8 9NQ, UK
Except as stated otherwise.

 

Notice shall be deemed given upon receipt or 24 hours after email is sent from ourselves, to the address

given during the registration process, unless the sending party is notified that the email address is

invalid. Other than Email communication we may give notice by post, providing pre-paid potage return

where appropriate, to the address given during registration process, notice will be deemed served 3

days after posting by the sending party.

 

Notice shall be deemed given upon receipt or 24 hours after email is sent from ourselves, to the

address given during the registration process, unless the sending party is notified that the email

address is invalid. Other than Email communication we may give notice by post, providing pre-paid

postage return where appropriate, to the address given during registration process, notice will be

deemed served 3 days after posting by the sending party.

 

At our discretion immediate termination of any users' access to or use of the site or information; due

to such users' breach of our terms or other unauthorized use of the site.

 

Failing to enforce this right or provision of these terms shall not constitute a waiver of any such right

or provision.

If a court of competent jurisdiction finds any provisions, or part of a provision, within these terms is

unenforceable, that provision shall be removed with immediate effect and a notice of amendment

placed on the site. The remaining terms shall continue in  full effect.

 

Members are only allowed to use this site if they are able to form a legal contract and also agree that

all information provided to ourselves is true and accurate (promptly providing proof as requested by

ourselves as we may reasonably request), any changes in  that information must be submitted by the

member as soon as they are aware of that change.

Members representing entities, by agreeing these terms, are acknowledging they also bind that entity

to this agreement.

 

The site design and layout is determined by ourselves, as are the provision of functions. In accordance

with this we reserve the right to change the above along with any data/photographs provided for use

on the site, including copying, editing and amending. All information/photographs are submitted to be

placed on the site subject to approval by ourselves. We will not have any liability for the damage and /or

loss of photographs and information provided by members, whether it has been edited, amended or

copied,  by ourselves.

 

All paper-based documentation provided members will be securely disposed of once it has been put

onto our system, as we do not retain this information. We will only return this information if the

member provides a self addressed envelope with the appropriate postal charges attached. The

information provided by members will be placed onto our systems and all efforts will be made to

reproduce the original quality without loss or damage, we are unable to accept liability for the final 

photographic reproduction.

 

You agree that the photograph accurately represents the subject (such as, but not limited to, the

property, the grounds or contents of the aforementioned). When we receive a photograph you are

agreeing that we hold intellectual property rights, that the photograph is free from copyright (other

than those you hold and that you give us the right to use the photograph as already set out) If other

permissions are required for the use of the photograph you agree that you have these in place, if the

any persons are held within an image you must have their agreement its use their likeness.

 

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 anyuser-contributed content posted or provided to us by

such member.

As a member, by accepting these terms and posting a listing with us, you are granting us and our

affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully

paid-up license to use, copy, license, sublicense in tiers, adapt, distribute, display, publicly perform, 

reproduce, transmit, modify, edit and otherwise utilize the copy, the photographs and the likenesses

of any content you post to the site.

 

We reserve the right to remove links and text that could link to (but not restricted to) other 

pages/properties without notice, we also reserve the right to place charges for such content if it

appears on the website.

 

Any information submitted to the site must be genuine and honest opinion. In the case of the guest

book information will only be accepted from holiday makers that have been in contract with members

and stayed at a specific property.

 

Each advert relates specifically to a single property (other information that may refer to or imply other

properties without our agreement means there is a violation of terms) and there cannot be any

substitution of properties, other than at our discretion. Any significant changes to detail on an advert

would mean we have the right to terminate the advert, retain fees (as compensation for breaking the

terms) and request payment to initialize a new advert if the member wants it displayed.

 

Members may not request payments via cash by mail or demand instant cash transfers, unless the

other member agrees to this as a payment method. Other unacceptable payment methods may also

be shown on the site as and when, by our determination. Non conformation may result in the

suspension or removal of the member's advert(s), without refund of any fees.

 

All adverts are sold/bought to run for a specified period, if the advert is removed at your request or

has been removed because of infringement of terms prior to the term of that period then no refund

is offered.

 

We reserve the right to refuse any advert/member registration without reason and you release us

from any liability to harm or loss that arises from our decisions. The material submitted, if deemed

unsuitable, will be refused or removed/edited. It is at our discretion as to what is unsuitable for the

site. Members' or their advert's (or content) may be removed without refund if they post unsuitable

photographs or information, continue to misuse the site, our systems or breaches the terms.

 

In the event of a complaint against a member, person or entity we will take steps to provide an

unbiased decision withina reasonable time frame. These decisions may result in the removal of

information or adverts (with immediate effect), without recourse for refund. Any member who

breaches our terms may have adverts, information or membership revoked without refund.

 

Members choose to create an advert that is likely to be placed shortly after your agreement to

list a property and as such you do not have a right to refund if you cancel your agreement during

the cooling-off period (under the 2000 consumer protection regulations (Distance Selling)). However

you can cancel your agreement within any free trail period to avoid charges, we require 30 days

notice in writing to cancel and if this notification period goes beyond the free trial period end date

than we reserve the right to collect payment for a minimum length contract with ourselves (in such

a case the advert will be placed for the duration of the contract).

 

Please note that all members - whether they are in business or not - are responsible for charging

and accounting to the relevant authorities for taxes (including, where relevant, VAT) on the rental

payments they receive.

 

Unless otherwise provided within our terms or unless applicable law requires us to allow you to

do so you may not (and not limited to) copy, reproduce, modify, reverse engineer or sell anything

produced by or for H&HL or its members (or anything provided for use by H&HL), without our prior

written consent. For a more detailed list contact H&HL.