Terms and Conditions
General Terms of Use
Whether you are a property owner or agent (Advertiser) placing advertisements on www.executiveholidayhomes.co.uk (our site) or a person using this site other than to advertise holiday homes (Holidaymaker or property purchaser), by accessing or using our site, these terms and conditions (”Terms of Use”) inform you of the basis on which you may make use of our site.
Please read the Terms of Use thoroughly before using our site. By using our site, you indicate that you accept the Terms of Use. Please do not use our site if you do not agree to the Terms of Use.
We are an advertising service for Advertisers and an accommodation search facility for Holidaymakers and investors. We do not own, inspect or provide content for any of the properties advertised on our site. We have absolutely no involvement in the booking process or transaction, although we may provide tools to enable the transaction between Advertiser and Holidaymaker or property purchaser. We make no claims as to the quality, safety or legality of any of the properties advertised. Neither can we confirm the accuracy of the advertisements or their content. 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.
We do not guarantee the financial circumstances of any developer or seller. All purchasers / investors must seek independent legal advice and carry out all necessary checks prior to any financial transactions and/or entering any form of contract. Executive holiday homes will not be liable for any loss occurred to the investor(s) or the holidaymaker(s).
We will not be liable for any type of fraudulent misrepresentation by any party. We will not be liable if something we do negligently, causes loss, death or personal injury, nor any other liability which cannot be excluded or limited under applicable law.
Material on our site
All 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.
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.
You may forward material from our site to third parties by using the ‘Send to Friend’ tool. By using this tool you confirm that you have obtained prior consent to receiving material from our site from any third parties to whom you send material.
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.
Your waiver and indemnity
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, you agree to waive any claim you may have against us that is in any way connected with a dispute you have with seller, advertiser or another user of our site; and compensate us for any losses or liability suffered as a result of any claim against us by another user or any other third party as a result of your use of our site or in relation to your dealings with other users and third parties.
Our limitation of liability and responsibility
We act merely as an advertising service through which Advertisers can advertise properties to Holidaymakers/invertors. We do not own nor have we inspected nor do we have any control whatsoever over any property listed on our site and we make no representations or warranties regarding any of the properties.
While we require Advertisers to advertise properties truthfully, fairly and accurately, and we take reasonable steps to remove advertisements from our site following any complaint from a Holidaymaker or another Advertiser, 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 arising from any 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.
Although we will do our best to prevent intentional misuse of our site and the dissemination of harmful programs via our site, we will not be liable for any loss or damage caused by any intentional misuse of our site or the distribution of viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site.
If we are in breach of these terms, we will only be responsible for any losses you suffer as a result and to the extent that they are a foreseeable consequence of both of us at the time you use our site. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
This does not affect our liability for fraudulent misrepresentation or if something we do negligently causes death or personal injury, 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.
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).
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 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 executiveholidayhomes@hotmail.co.uk.
Advertiser Agreement
This document informs you of the additional terms and conditions on which you may make use of www.executiveholidayhomes.co.uk (our site) as a property owner or agent (Advertiser) placing advertisements on our site. If there is an inconsistency between any of the provisions of these additional terms and conditions (”User Agreement”) and the Terms of Use, the provisions of the User Agreement shall prevail.
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
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 by providing information to us, you agree to the following:
• Eligibility to advertise
To provide upon request from us proof of personal identification, proof of ownership of the property advertised on our site and proof of authority to list the property.
Prior to activation of an advertisement all content that you submit is subject to our approval. As part of that process and in an ongoing capacity we reserve the right to review and amend content and photographs you supply.
• 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 permission has been given by us. We reserve the right to amend any property adverts not adhering to this policy.
• Co-located holiday homes and adverts
Co-located homes are classed as a set of properties available for holiday rental that are on the same site or complex, advertised by the same Holiday Lettings Advertiser and can be rented individually or in combination. You can advertise between two and five co-located homes using a set of Co-located Adverts. A further advert can be added to your set to showcase the option of renting the homes in combination, this is known as a Group Advert. Within the set each home must have its own advertisement page.
• 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 in writing. If an Advertiser is found to have changed the property being described, we reserve the right to suspend the advert in question.
• 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 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.
• Availability calendar updating
In line with the above paragraph, we recommend that calendars are updated on a weekly basis. However, our minimum requirement is that calendars are updated at least once a month. 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 could be terminated 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 refuse or remove any advertisement from our site that we consider unsuitable, incomplete or misleading, 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 our minimum 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 or using the ‘Contact Us’ page, quoting their Advertiser ID or home number 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 interest of maintaining a high 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 answer phone message to that effect or to set up an out of office response on their email account. If neither of these options is viable, we ask that Advertisers contact us so we can temporarily suspend their advert. We reserve the right to suspend adverts of Advertisers who are unreachable for more than one week. In this instance we will send messages by telephone and email asking for the Advertiser to request re-activation upon their return.
• Guestbooks and reviews
All entries in the guestbook 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. Should we decide to include guest reviews on the website, the same rules will apply.
• 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 may result in immediate termination of your advertising. Payment should be accepted via credit card, cheque, bank transfer or PayPal.
• External links
We reserve the right to remove from advertisements both email addresses and links to external websites which either do not conform to the guidelines provided, or which we feel are not appropriate, or act against the interests of us or our Advertisers. The ultimate responsibility and authority for determining the aforementioned rests solely 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.
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, where relevant, VAT) 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 by email to executiveholidyhomes@hotmail.co.uk or by use of the ‘Contact Us’ form on our site (stating the Advertiser ID or home number and the Advertiser’s password). The ‘cooling off period’ applies to the initial advertising period only; it cannot be applied beyond the first year or 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.
Information you provide us
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.
In respect of any information you provide to us or other users of our site you will retain all rights you have in the Intellectual Property in such material, but you agree to:
• warrant to us that the material is your own original work and not entirely or partially copied from any other material; that you have all consents necessary to upload the material; that the material is accurate, complete and true; that the material complies with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority; and that the material does not defame, cause injury to or invade the privacy of or otherwise infringe or violate any statutory, common law, regulatory or Intellectual Property rights of any third party;
• compensate us for any losses or liability suffered as a result of any claim against us by another user or any other third party in relation to the material which you provide;
• grant to us and our licensees a non-exclusive worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the Intellectual Property you have in such material in any media known now or in the future; and
• waive any moral rights or similar rights you have in the material whether such rights arise pursuant to the Copyright, Designs and Patent Act 1988 or equivalent legislation anywhere in the world.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials which you upload to our site or information you provide to us or any user of our site.
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 must not meet or directly speak to an Advertiser or a Holidaymaker, and you must therefore proceed with care and judgement when using our site.
Your waiver 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 agree to waive any claim you may have against us that is in any way connected with a dispute you have with a user of our site; and compensate us for any losses or liability suffered as a result of any claim against us by a user of our site or any other third party in relation to your dealings with users of our site and third parties.
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 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, any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and 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.
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).
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 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 executiveholidayhomes@hotmail.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.
Privacy
This document sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. By using our site, you indicate that you accept this privacy policy. Please do not use our site if you do not agree to this privacy policy.
In general, we use the information we collect about you to help our Advertisers provide accommodation solutions to users of our site, provide information services to relevant third parties, improve the features and services we offer and support our own marketing and promotion efforts.
When you visit, register or use the services on our site, you may be asked to provide certain information about yourself, including your name and your contact details. Advertisers can update their information and change settings on their ‘Your Account’ page once signed in. We may also collect information about your use of our site as well as information about you from the emails or letters sent to you. Finally, we may collect information about your property and the type of property you wish to rent. Your information will enable us to provide you with access to all parts of our site and to supply the services and features that you have requested. We may aggregate the information to identify patterns which we can use in our marketing and to help us develop, administer, support and improve our services and features.
In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to our site or our services. Further, where you have consented, we might also use your information to email you with details about any other products or services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please executiveholidayhomes@hotmail.co.uk.
If you have consented on the shortlist section or the appropriate email form, we may provide any of the information we collect to carefully screened third parties to contact you regarding products or services that we think may be of interest to you. If you change your mind about being contacted by these third parties in the future, please executiveholidayhomes@hotmail.co.uk.
Like many websites, we use “cookies” to enable us to personalise your visits to our site, simplify the signing-in procedure, keep track of your preferences and to track the usage of our site. Cookies are small pieces of information that are stored in the hard drive of your computer by your browser. Your browser will have the option to prevent websites using cookies (your browser’s help screen or manual will tell you how to do this), but please note that this may reduce the functionality of our site and other websites.
Like all websites, our servers automatically record “log files” containing information about the volume and characteristics of our website traffic e.g. Internet Protocol (IP) address, numbers of pages viewed, length of time spent on site. We use log files to build pictures of how our site is used, which help us to monitor and improve the service. We cannot identify you from your log files alone.
We follow strict security procedures to ensure that your personal information is not damaged, destroyed, or disclosed to a third party without your permission and to prevent unauthorised access to it. The computers that store the information are kept in a secure facility with restricted physical access and we use secure firewalls and other measures to restrict electronic access. The information we collect or record may be encrypted on back-up files and stored securely away from our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. We will explicitly ask you when we need information to identify you. We may require you to co-operate with our security checks before we disclose information to you. Your information will not be transferred outside of the European Economic Area. We will retain your information for a reasonable period or for as long as is required by law.
We reserve the right to use and share information concerning our Advertisers, including your IP address, with law enforcement authorities and/or other companies in the same industry as Executive Holiday Homes for the purpose of fraud prevention and to disclose your information to any new owner or partner should we enter into a sale/merger with another business entity. We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985. We may use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post, telephone or email. If you do not want us to use your data in this way, or to pass your details onto third parties for marketing purposes, please let us know, executiveholidayhomes@hotmail.co.uk. We may change our privacy policy from time to time as we add new services or in response to changes in the law or our commercial arrangements. Any changes to our policy will be posted on this page.
