Terms and Conditions
DEFINITIONS AND INTERPRETATION
The following words and expressions shall have the following meanings unless the context otherwise requires:-
1.1. “Us”, “We”, “Our” means Perfect Getaways Limited whose registered office is 3 The Barn, Church Farm Court, Capenhurst Lane, Capenhurst, CH1 6HE.
1.2. “Property” means any residential property which is not a principal residence including the premises, any swimming pool, ancillary buildings, annexes, contents, fixtures and fittings, grounds, facilities and services available or accessible to any Customers. For the purposes of clarification this shall exclude any timeshare property. The property shall be self contained, having its own kitchen and bathroom, shall be of tenantable condition and shall be serviced by a local management company.
1.3. “You”, “Your”, “Owner” means the person or persons who own(s) a Property advertised on The Website.
1.4. "In Business" means that You rent Property on a regular basis to generate income.
1.5. “Service” means an online property rental service whereby We introduce You to customers who enter into a contract with You for the rental of Your Property and which facilitates the booking of such rental periods and for the payment of any rent due thereunder.
1.6. “The Website” means the website known as www.perfectgetaways.co.uk and any affiliated websites which are owned and/or operated by Us.
1.7. “Customer” means any person, persons or bodies incorporate who book a Property through You.
1.8. “Credit(s)” means a number of email enquiries through The Website purchased on a pay-per-enquiry basis for Your Property.
1.9. “Annual Subscription” means a 12 month subscription for Your Property to be advertised on The Website.
2. ACCESS AND USE OF THE WEBSITE
Subject to your compliance at all times with the terms of this Agreement We shall endeavour to make the Website available to You and all potential Customers. Your acceptance of the terms of this Agreement shall be deemed by your access and continued use of the Website and in due course by your use of a tick box at the appropriate time when using the Website. No representation or guarantee is given that the operation of the Website will be uninterrupted, continuous or error free. No liability will be accepted in the event of loss or damage sustained as a result of such occurrences (including, for the avoidance of doubt, and not by way of limitation, any loss of bookings).
3. ACCESS AND USE
We shall provide You with access to the Service through the use of a “Members Area” and the further use of a Password and UserID, both of which will be created by You and which will be confirmed by the Website upon confirmation of your membership.
4. YOUR OBLIGATIONS TO US
4.1. You agree and acknowledge that You will pay to Us an upfront subscription payment which gives you a number of Credits or an Annual Subscription which allows Your Property to be advertised on The Website.
4.2. You may purchase extra Credits at any time. If You have no Credits in Your account then Your Property will not be shown on The Website.
4.3 Credits or any outstanding periods of an Annual Subscription hold no monetary value whatsover and We do not accept refund requests in any form.
4.4. You shall be responsible for the initial loading of the details of the Property (including prices) and for the maintenance of the accuracy of such information such that at all times it remains accurate, complete and not misleading in any respect. You guarantee that the prices of the Property will not be advertised cheaper elsewhere.
4.5. You may not insert any external links to your own website, or other website advertising the Property. No contact information may be shown in any shape or form on The Website. Any links or contact information found will be removed immediately and any outstanding Credits will be withdrawn with no refund given.
4.6. You confirm that You own the Property (or you are an appointed representative of the owner) and have full and unrestricted power to enter into this Agreement and any agreement for the rental of the Property. You confirm that You are In Business renting out Your Property for to generate income on a regular basis. You hold and will at all times maintain all necessary licenses, consents and permissions required by the applicable national and/or local law in relation to the Property and the rental of same.
4.7. You will promptly and efficiently respond to any queries or complaints regarding the Property and/or any enquiry or booking request in respect of the Property.
4.8. You will promptly and efficiently resolve any difficulties of whatsoever nature created as a result of your having to cancel, amend or alter a booking in any fashion.
4.9. You will at all times maintain a comprehensive insurance policy or policies to cover (with an adequate indemnity level) all risks relating to the use and/or occupation of the Property normally covered by insurance (including by way of example and not by way of limitation) destruction or damage of the Property by any cause and all third party risks including cover for death, personal injury and illness of any Customer.
4.10. You agree that, with respect to Our commitment to generating as many enquiries as possible for Your Property, We may advertise Your Property where we deem it necessary. This may include, but is not limited to, data feeds and/or submissions to third party websites, blogs or forums.
5. CONTENTS OF WEBSITE
You acknowledge that all copyright, trade marks, trade names, patents, domain names and other intellectual property rights of whatsoever nature created, developed, subsisting or used in or in connection with the Website are and shall remain the sole property of Us.
6. LIMITATION AND LIABILITY
All Customers who make a booking for a Property shall have a contract with You and You accept liability for that contract as a Principal. Accordingly neither We nor any of our Offices, Agents nor employees, will be liable for any loss or damage suffered by You (or any third party) arising howsoever from your operation or usage of the Website or the use and operation of any associated websites.
7. INDEMNITY
You agree to indemnify Us and keep Us indemnified against and in respect of the full amount of all liabilities, claims, losses, expenses, costs (including legal costs on a full indemnity basis), damages, refunds and all other sums of whatsoever nature and of whatever description (collectively “liabilities”) which are suffered or incurred by Us or for which We become liable or responsible and which arise from any cause whatsoever, out of or in connection with this Website.
8. CANCELLATION POLICY
8.1. Cancellation By You - This Agreement will continue in full force indefinitely but may be terminated by You giving Us written notice (including email notice). Cancellation will be effective within 14 days upon confirmation of acceptance by Us. No refund will be given for any outstanding Credits or remaining part of an Annual Subscription.
8.2. Termination By Us - We may terminate this agreement with due cause at any time by giving You 14 days written notice (including email notice).
Termination of this Agreement shall not prejudice any rights of You or Us which are in existence prior to the effective date of termination.
9. REFUND POLICY
When entering into agreement, You pay to Us an upfront subscription payment which ensures Your Property is advertised on The Website for the amount of time subscribed. Once the payment is made to Us, this payment is non-refundable for any reason including, but not limited to, non-performance, lack of email enquiries or your inability to convert email enquiries. If your Property is not showing on The Website when you have Credits, you should inform us immediately. We will ensure that any downtime is extended to Your subscription if You have taken out an annual subscription. We are not responsible for any losses You incur by any downtime whatsoever.
10. VAT
We are currently exempt from charging VAT. We may at some stage become legally required to charge You VAT on any Credit(s) or Annual Subscription if You are a resident in the UK or if You are a private individual in the EU and are not In Business. VAT is currently charged at 20%. If You are a resident of the EU (outside the UK) and In Business, or if You are a resident outside the EU then no VAT is charged.
By agreeing to these Terms & Conditions you agree that You are In Business generating income from rentals of Your Property on a regular basis. You may be required to account for VAT in your local juristiction. Residency for VAT purposes is determined as the country where You have set up home and where You are engaged in employment. You are responsible for charging and accounting for taxes on any rental payments you receive including VAT where applicable.
11. DATA PROTECTION
Perfect Getaways Ltd is registered under the Data Protection Act 1998 and will use all reasonable endeavours to protect Your personal information from unauthorised access, use, disclosure, modification, loss or other misuse.
The personal information You provide may be used by Us to provide You with information about products or services that may be of interest to You unless You indicate that You do not wish to receive such information.
We will at Your request, and subject to an administration charge of £10, provide You with all personal information held about You under its control subject to proof of identity. Any information may be amended or deleted at Your request to ensure it is accurate and complete.
We have a Privacy Policy (below) which sets out the information which may be gathered from You and how We endeavour to protect that information.
12. PRIVACY POLICY
We are dedicated to safeguarding and preserving Your privacy when visiting Our Website or communicating electronically with Us.
This Privacy Policy provides an explanation as to what happens to any personal data that You provide to Us, or that We collect from You.
For the purpose of the Data Protection Act 1998 our data controller is Nicola Palmer.
Information We Collect
In operating Our Website We may collect and process the following data about You:
(i) Details of Your visits to our Website and the resources that You access, including, but not limited to, traffic data, location data, Weblogs and other communication data.
(ii) Information that You provide by filling in forms on Our Website, such as when You registered to advertise Your Property on Our Website.
(iii) Information provided to Us when You communicate with Us for any reason.
Use of Cookies
On occasion, We may gather information about Your computer for our services and to provide statistical information regarding the Use of Our Website. Such information will not identify You personally, it is statistical data about Our visitors and their Use of Our Website. This statistical data does not identify any personal details whatsoever.
Similarly to the above, We may gather information about Your general internet Use by Using a cookie file. Where Used, these cookies are downloaded to Your computer automatically. This cookie file is stored on the hard drive of Your computer as cookies contain information that is transferred to Your computer's hard drive. They help Us to improve our Website and the service that We provide to You.
All computers have the ability to decline cookies. This can be done by activating the setting on Your browser which enables You to decline the cookies. Please note that should You choose to decline cookies, You may be unable to access particular parts of our Website.
Our advertisers may also use cookies, over which We have no control. Such cookies (if Used) would be downloaded once You click on advertisements on Our Website.
Use of Your Information
The information that We collect and store relating to You is primarily used to enable Us to provide Our services to You in obtaining enquiries and bookings for Your Property through Our Website and any related Websites We deem applicable and go into partnership with. In addition, We may Use the information You provide for the following purposes:
(i) To provide You with information requested from Us, relating to Our products or services. To provide information on other products which We feel may be of interest to You, where You have consented to receive such information.
(ii) To meet Our contractual commitments to You.
(iii) To notify You about any changes to Our Website, such as improvements or service/product changes, that may affect Our service.
(iv) We may contact You with information about goods and services similar to those which were the subject of a previous request by You.
(v) Further, We may Use Your data so that You can be provided with information about unrelated goods and services which We consider may be of interest to You. We or they may contact You about these goods and services by any of the methods that You consented at the time Your information was collected.
(vi) If You do not want Us to use Your data You will have the opportunity to opt-out of receiving all future information.
(vii) Please be advised that We will reveal contact information about our advertisers on Our Website (including You) to enable visitors to enquire about properties as quickly as possible. This includes name, contact telephone number and Website address (if applicable).
Storing Your Personal Data
(i) Data that is provided to Us is stored on Our secure servers. We do not store any financial details or credit/debit card details.
(ii) The transmission of information via the internet is not completely secure and therefore We cannot guarantee the security of data sent to Us electronically and transmission of such data is therefore entirely at Your own risk. Where We have given You (or where You have chosen) a password so that You can access certain parts of Our Website, You are responsible for keeping this password confidential.
Disclosing Your Information
(i) Where applicable, We may disclose Your personal information to any member of our group. This includes, where applicable, any subsidiaries or holding company and its other subsidiaries (if any).
(ii) We may also disclose Your personal contact information and property details to third parties where:
We provide an xml data feed to related Websites to further advertise Your Property on their websites.
We sell any or all of our business and/or our assets to a third party.
We are legally required to disclose Your information.
It is Used to verify an Owner’s identity to assist fraud protection or minimise credit risk.
Third Party Links
You may find links to third party Websites on Our Website. These Websites should have their own privacy policies which You should check. We do not accept any responsibility or liability for their policies whatsoever as We have no control over them.
Access To Information.
The Data Protection Act 1998 gives You the right to access the information that We hold about You. Please note that any demand for access may be subject to payment of a fee of £10 which covers Our costs in providing You with the information requested. Should You wish to receive details that We hold about You please contact Us using the contact details below.
13. JURISDICTION
These terms and conditions are governed by the Law of England. The parties hereto accordingly submit to the exclusive jurisdiction of the Courts in that country in the event of any dispute that may arise.