Terms of website use
This page (together with the documents referred to in it) sets out the terms ("Terms")
of use on which you may make use of our website
www.holidayhomenation.com ("our site"), whether you use this
as a guest or a registered member or a property owner (each a "user").
1 Breach of terms
to comply with the Terms may result in us taking all or any of the actions listed
below. We will determine, in our sole discretion acting reasonably, whether there
has been a breach of these Terms through your use of our site.
a breach of has occurred, we may take such action as we deem appropriate, including
but not limited to: (a) Immediate, temporary or permanent withdrawal of your right
to use our site; (b) Immediate, temporary or permanent removal of any posting or
material uploaded by you to our site; (c) Issue of a warning to you; (d) Legal proceedings
against you for reimbursement of all costs on an indemnity basis (including, but
not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) further legal action against you; and (f) disclosure of such information to
law enforcement authorities as is required or is reasonably necessary.
2 Information about
us and our site
2.1 www.holidayhomenation.com is a site
operated by HHN Media Limited ("We", "us" or "our").
We are a limited company registered in
7 Royal Crescent, Glasgow G3 7SL.Our VAT Registration Number
2.2 Our site acts only as a meeting place to allow property owners to
list specific properties for rent and other users to view those properties and
contact the property owner with enquiries about renting those properties under
whatever terms and conditions they themselves may agree. Although we may
facilitate a transaction between two users of our site by providing the means
through which a listed property can be booked, we are not involved in any
transaction between two users of our site. We do not own or manage any of the
properties listed on our site and all parts of any transaction between two users
are wholly the responsibility of these users.een two users are wholly the responsibility of these users.
3 Accessing our
to our site by users is permitted on a temporary basis, and we reserve the right
to withdraw or amend the service we provide on our site without notice. We will
not be liable if for any reason our site is unavailable at any time or for any period.
time to time, we may restrict access to some parts of our site, or our entire site,
to registered members.
piece of information chosen by you or provided by us as part of our security procedures
must be treated as confidential and you must not disclose it to any third party
– if you do, you will be responsible for any acts or omissions of that person
in using our site. We reserve the right to disable any user identification code
or password, whether chosen by you or allocated by us, at any time, if in our opinion
(acting reasonably) you have failed to comply with any of the provisions of these
You are responsible for making all arrangements necessary for you to have access
to our site. You are also responsible for ensuring that all persons who access
our site through your internet connection are aware of these terms, and that they
comply with them.
are the owner or the licensee of all intellectual property rights in our site, and
in the material published on it. Those works are protected by copyright laws
and treaties around the world. All such rights are reserved.
part of the rental enquiry process you may print off one copy, and may download
extracts, of any page(s) from our site for your personal reference and you may draw
the attention of others to material posted on our site.
must not modify the paper or digital copies of any materials you have printed off
or downloaded in any way, and you must not use any illustrations, photographs, video
or audio sequences or any graphics separately from any accompanying text.
status (and that of any identified contributors including those of property owners)
as the authors of material on our site must always be acknowledged.
must not use any part of the materials on our site for commercial purposes without
obtaining a licence to do so from us or our licensors.
you print off, copy or download any part of our site in breach of these terms of
use, your right to use our site will cease immediately and you agree that you will
destroy any copies of the materials you have made.
5 Our site changes
aim to update our site regularly, and may change the content at any time. If the
need arises, we may: a) suspend access to our site; b) change, suspend or discontinue
any aspect of our site; or c) close our site indefinitely where we decide (at our
sole discretion acting reasonably) that we have reason to do so and we reserve the
right to do so without liability and without providing you with prior notice.
notice that we decide, or are required, to give you will be sent to the email address
that you provided on registration (or as later updated in accordance with clause
8.2) and will be deemed validly served twenty-four (24) hours after the email is
sent unless we are notified that the email address is invalid. If we are notified
that any email is invalid, we will send any notice by recorded delivery post to
the address you provided on registration and will be deemed to be successfully served
48 hours after the time of posting. If we have not contact details for you
and any email or mail is returned we will have no further responsibility to send
any notices (other than as set out in this clause).
of the material on our site may be out of date at any given time, and we are under
no obligation to update such material.
6 Contacting property
Users may only
collect and use personal information about property owners as is available on our
site for the purpose of contacting property owners: a) to enquire about properties
that the property owner has listed on our site; b) to complete any transaction related
to that property; or c) for any other reason to which the property owner has granted
his prior express consent and has included in the property particulars.
material, commentary and any other information displayed on our site is provided
without any guarantees, conditions or warranties as to its accuracy and is not intended
to amount to advice from us on which reliance should be placed. To the extent permitted
by law, we, other members of our group of companies 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
7.1.2 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, and any liability for: (a) loss of
income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss
of anticipated savings; (e) loss of data; (f) loss of goodwill; (g) wasted management
or office time; and (h) 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, provided that this condition shall not prevent claims for loss
of or damage to your tangible property or any other claims for direct financial
loss that are not excluded by any of the categories set out above
provisions of this clause 7 are not intended to nor shall affect any liability we
may have for death or personal injury arising from our negligence, or our liability
for fraudulent misrepresentation or misrepresentation as to a fundamental matter,
or any other liability which cannot be excluded or limited under applicable law.
8 Information about
you and your visits to our site
using our site, you consent to such processing and you warrant that all data provided
by you is accurate.
registered member and property owner warrants: a) that all information that they
provide to us whilst registering with our site is true and correct and accurate;
b) that it will notify us promptly of any changes to the contact information provided
to us; and (c) that it is legally competent for it to enter into contracts with
us and otherwise in relation to property listings.
user agrees to promptly provide us with such proof of: a) personal identification;
b) ownership of each property listed on our site; and c) authority to list the property
as we may choose to request (at our sole discretion acting reasonably).
9 Uploading material
to our site
you make use of a feature that allows you to upload material to our site, or to
make contact with other users of our site, you must comply with the content standards
set out in these Terms. You warrant that any such contribution does comply with
those standards, and you agree to fully and effectively indemnify us for any breach
of that warranty.
material you upload to our site will be considered non-confidential and
non-proprietary, and you grant us non-exclusive licence to use, copy,
distribute and disclose to third parties any such material for any purpose. We also
have the right to disclose your identity to any third party claiming that any material
posted or uploaded by you to our site constitutes a violation of their intellectual
property rights or of their right to privacy.
will not be responsible, or liable to any third party, for the content or accuracy
of any materials posted by you or any other user of our site and do not assume any
responsibility for reviewing the content or accuracy of any material prior to it
being published on our site.
have the right to remove any material or posting you make on our site if, at our
sole discretion, we deem it to be unacceptable.
10 Content standards
These content standards apply to any and all material which you contribute to our
site ("contributions"), and to any interactive services associated
You must comply with the spirit of the following standards as well as the letter.
The standards apply to each part of any contribution as well as to its whole.
Contributions must: (a) b accurate (where they state facts); (b) b genuinely held
(where they state opinions); and (c) comply with applicable law in the
and in any country from which they are posted.
Contributions must not: (a) contain any material which is defamatory of any person;
(b) contain any material which is obscene, offensive, hateful or inflammatory; (c)
promote sexually explicit material; (d) promote violence; (e) promote discrimination
based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) infringe any copyright, database right or trade mark of any other person; (g)
be likely to deceive any person; (h) be made in breach of any legal duty owed to
a third party, such as a contractual duty or a duty of confidence; (i)
promote any illegal activity; (j) be threatening, abuse or invade another's privacy,
or cause annoyance, inconvenience or needless anxiety; (k) be likely to harass,
upset, embarrass, alarm or annoy any other person; (l) be used to impersonate any
person, or to misrepresent your identity or affiliation with any person; (m) give
the impression that they emanate from us, if this is not the case; or (n) advocate,
promote or assist any unlawful act such as (by way of example only) copyright infringement
or computer misuse.
11 Prohibited uses
may use our site only for lawful purposes. Without prejudice to the provisions
set out in the Content Standards above, you may not use our site: (a) in any way
that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent
purpose or effect; (c) for the purpose of harming or attempting to harm minors in
any way; (d) to send, knowingly receive, upload, download, use or re-use any material
or (e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising
or promotional material or any other form of similar solicitation (spam).
also agree: (a) not to reproduce, duplicate, copy or re-sell any part of our site
interfere with, damage or disrupt: (i) any part of our
site; (ii) any equipment or network on which our site is stored; (iii) any software
used in the provision of our site; or (iv) any equipment or network or software
owned or used by any third party.
12 Viruses, hacking and other offences
must not misuse our site by knowingly introducing viruses, trojans,
worms, logic bombs or other material which is malicious or technologically harmful.
You must not attempt to gain unauthorised access to our site, the server on which
our site is stored or any server, computer or database connected to our site. You
must not attack our site via a denial-of-service attack or a distributed denial-of
breaching this provision, you may commit a criminal offence and we may report any
such breach to the relevant law enforcement authorities and we will co-operate with
those authorities by disclosing your identity to them. In the event of such a breach,
your right to use our site will cease immediately.
will not be liable for any loss or damage caused by a distributed denial-of-service
attack, 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 or to your downloading of any material posted on it, or on any website
linked to it.
13 Linking to our site
may link to our home page, provided you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it, but you must not establish
a link in such a way as to suggest any form of association, approval or endorsement
on our part where none exists.
must not establish a link from any website that is not owned by you and our site
must not be framed on any other site, nor may you create a link to any part of our
site other than the home page. We reserve the right to withdraw linking permission
at our sole discretion and without prior notice.
you wish to make any use of material on our site other than that set out in these
14 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. We have the right (at our
sole discretion) to refuse and / or remove links or web addresses of other websites
from property owners' pages without notice.
15 Provisions relating to property
owners agree to pay our registration fee regardless of whether any transactions
with other users are completed. Such payments must be made to us in GBP pounds and
paid to us by PayPal or a major credit or debit card
(as such method may be available on our site from time to time or updated from time
to time). No property will be listed on our site without cleared funds having first
been received by us in advance payment of our registration fee. We will generate
enquiries that will be sent direct from our site to the property owner via email.
There will be no charge to visitors to the site that make an enquiry nor will there
be a further charge to owners for any enquiries they get from the site.
services are defined for UK Value Added Tax ("VAT") purposes under
paragraph 3 of Schedule 5 to the Value Added Tax Act 1994 (as amended). We are legally
obliged to charge VAT (currently at a rate of 20%) on any fees we charge to property
owners who are either: a) resident in the
; or b) private individuals resident in the EU. We will
not charge VAT on services provided to: a) property owners who are resident outside
the EU; and b) if the property owner is EU resident (excluding the
) and confirms that they are "in business". For this purpose, "in
business" means that you rent out property on a regular basis to generate income
and by confirming that you are "in business" you may be required to account
for VAT on our fees in your local jurisdiction. Please note that all property owners
(regardless of whether they are in business) are responsible for charging and accounting
for taxes to the relevant authorities (including, where relevant, VAT) on the rental
payments they receive.
property listing must only relate to one individual and be a clearly identifiable
property and property owners: a) must not list a property purely as an example of
properties in a particular area; or b) substitute a different property for the property
in the listing. We reserve the right to: a) remove any listing that we deem, at
our sole discretion acting reasonably, to be in breach of this clause; and b) to
retain any fees paid in relation to that listing.
All listings are sold for the full term of the listing subject to these Terms and
no refunds are available. If we remove any or all of the listings of a property
owner due to a breach of these Terms or otherwise, no refund for the removed listings
will be available. If you are dissatisfied with the service we have provided and
wish to request a refund of fees paid to us, you may contact our customer support
and request an investigation into your complaint. We will determine, at our sole
discretion acting reasonably, whether any refund (whether in part or in full) is
due to you.
If you renew your subscription or if it automatically renews under the terms of
your subscription your listing will remain available on our site for the full term
of the listing.
a listed property is sold during the term of the listing, you may request that we
either a) remove the listing from our site; or b) transfer the listing to the new
owner of the property. In either case, no refund of listing fees will be available
and, in the case of transferring a listing, a small administrative fee may be charged
by us. Except as set out in this clause 15.7 no existing listing may be transferred
to another party.
Property owners confirm that they own the properties they intend to list on the
site or have all legal, regulatory and other necessary rights licences and consent
to list the same on our site and offer the same for rent and that they are able
to form legally binding contracts in accordance with all laws applicable to them
and the properties..
owners agree that they are fully responsible for compliance with any and all laws
or regulations that may apply to any property listed on our site and whilst we assume
no responsibility for property owners' compliance with their obligations there may
be times when we are required to disclose information relating to listings to comply
with investigations by governmental bodies and other relevant authorities. We reserve
the right to comply with our obligations under this clause 15.10 and shall not be
in breach of any obligation to you in the event that we do so.
owners agree that the cooling off period provided under the Consumer Protection
(Distance Selling) Regulations 2000 does not apply to any agreements made between
them and us and as such the property owner does not have the right to cancel any
such agreement with us within this cooling off period.
16 Jurisdiction and applicable law
Scottish courts 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 conditions in your country of residence or any other
or their subject matter or formation (including non-contractual disputes or claims)
shall be governed by and construed in accordance with the law of
of the provisions of these Terms is severable and distinct from the others and if
at any time any provision of these Terms (or part of a provision) is found by any
court or administrative body of competent jurisdiction to be invalid, unenforceable
or illegal, the other provisions shall remain in force.
any invalid, unenforceable or illegal provision would be valid, enforceable or legal
if some part of it were deleted, the provision shall apply with whatever modification
is necessary to give effect to the commercial intention of the parties.
to check this page from time to time to take notice of any changes we made, as they
be superseded by provisions or notices published elsewhere on our site.
version of these Terms is effective from 29th August 2011. If, as user
of our site, you disagree with any amendments to these terms, you should withhold
your consent to the applicability of the amended Terms to your use of our site and
your use of our site will remain governed by the Terms that were applicable immediately
prior to the proposed amendment. Should you not be bound by the most recent version
of the Terms, it is your responsibility to retain a copy of the Terms that apply
to your use of our site.
19 Independent contractors
is that of independent contractors and no agency, partnership, joint venture, employee-employer
or franchiser-franchisor relations is intended or created by these Terms or by your
use of our site.
20 Contacting Us
If you have any concerns about material
which appears on our site, please contact
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