Terms and conditions for Owners
Terms and conditions for Owners
General Terms and Conditions for Owners
(1) These terms and conditions (the "Owner Ts & Cs") govern the relationship between HomeAway UK Ltd., Portland House, Bressenden Place, London SW1E 5BH, UK ("Provider") and any user of this website and of the content or services available through it (this, or the, „site") who or which offers any property for rental through it, including owners, lessees and property managers, (collectively, "Owners").
(2) The Owner Ts & Cs constitute a legally binding agreement between the Provider and the Owner; each Owner who uses or accesses this site agrees to the Owner Ts & Cs.
(3) If the Owner is a company, partnership or other entity, a person who uses this site, and/or agrees to the Owner Ts & Cs, on behalf of that Owner represents that he/she has the authority to bind the entity to these Owner Ts & Cs.
(4) The Provider does not authorise anyone to register with this site unless they are able to enter into legally binding contracts.
2. The Basics and Listing Terms
(1) This site is a place where Owners can advertise one or more holiday homes (each a "Property") for rental to potential tenants, and communicate with those potential tenants. We refer to actual and potential tenants, whether of the Owner’s or other Properties, as "Travellers".
(2) The Provider is not, and does not become, party to any contractual relationship between the Traveller and the Owner, and does not mediate between the Traveller and the Owner in the event of any dispute arising between them. The site is a venue for Owners and Travellers to interact.
(3) Owners can agree with the Provider to place on the site a paid-for Property listing ("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 fees for the relevant Listing ("Listing Fees"). The amounts of the Listing Fees are set out in the pricelist.
(5) No refunds are available unless a member qualifies for a refund under any guarantee program Provider may have in effect. Generally, Listings are sold by the Provider to run for the full term that is selected by the Owner. That term starts on the date that the Owner submits the requisite full or initial (as applicable) payment of Listing Fees (the "Purchase Date") 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) Listings are sold by the Provider to run for the full term that is selected by the Owner. That term starts on the date that the Owner submits the requisite full or initial (as applicable) payment of Listing Fees (the "Purchase Date") 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).
(7) Note that all Listings that are paid for with a credit card will have their Listing Term automatically and continuously extended for the same duration as the initial Listing Term (or by twelve months, if the initial Listing Term is more than twelve months) (each a “Renewed Listing Term”). Special discounts granted for the initial Listing Term are not granted for a Renewed Listing Term. The automatic extension of a Listing Term can be deactivated at any time before the end of the initial Listing Term or the then-current Renewed Listing Term by means of the "deactivate automatic extension" link or by notifying the Provider through the contact form . To avoid doubt, any such deactivation will only take effect at the end of the initial Listing Term or Renewed Listing Term in which the deactivation occurs.
(8) Payments to the Provider can be made by direct debit, bank transfer or credit card payment. All banking and other fees relating to a payment shall be borne by the Owner. Credit card number and entry of username and password are via 128 bit Secure Socket Layer (SSL) technology.
(9) Note that Owners who are qualifying Property Managers may apply to the Provider to enter into a separate Property Manager Listing Contract.
(10) 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 are only available if applied for by the Owner by contacting the Provider through the 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.
(11) 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.
(12) The Provider reserves the right to decline to place any Listing that appears, in the Provider’s discretion, to be capable of infringing, or be associated with the infringement of, any provision of these Owner Ts & Cs.
3. The Dashboard, Property Guestbook and Traveller Reviews
(1) As a result of registration, an Owner is given a user profile in which the data he contributes is recorded and in which all the Property rentals offered by that Owner are specified (the "Dashboard").
(2) In the Dashboard, Owner will have various functions available which are intended to assist them to manage their Property rentals through the site; these functions, and the Dashboard itself, are made available on an "as is" basis, and the Provider does not undertake that the Dashboard or its functions will be complete or error-free.
(3) In the Dashboard Owner can choose the “online payment” service that enables Travellers to pay to Owner via a secured gateway offered by a 3rd party payment provider. Owner can also choose the “online booking” service which includes the “online payment” service but which allows above that to make reservation for the Listing.
(4) Through the Dashboard, the Owner has access to Guestbook(s).
(5) The Guestbook provides a facility for Owners to submit to the site comments provided by people - whether or not they have rented the Property through the site - who have stayed at the Property ("Guestbook Comments"). Guestbook Comments must be genuine comments made by unconnected third parties who have stayed at the Property on a paid-for basis: we may require Owners to prove the genuineness of Guestbook Comments as a condition of including them on the site.
(6) The Provider requires all Guestbook Comments, to conform to the Content Guidelines, and may decline to post any of them that the Provider finds does not do so. In the event that any Guestbook Comment, appears on the site but fails to conform to the Content Guidelines, then without prejudice to any other available remedies, the Provider shall be entitled immediately to remove from the site the relevant non-conforming Guestbook Comments.
4. Listing Details and Services
(1) In a standard Listing, one (1) Property rental is displayed. If the Owner selects to display "Multi Unit Listing", such Multi Unit Listings shall be at the same physical address as 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) Property search snippets are searched and displayed based on the Provider’s sort algorithm. Travellers can also search Listings according to various criteria, such as:
- The number of sleeping rooms
- The number of reviews
- The pricing
- Special offers.
(4) The Provider offers the possibility to link Listings to Google Maps. In order to do so, the Owner must confirm that the address indicated for the relevant Listing is correct on the Owner’s dashboard, and must separately agree to Google’s relevant terms and conditions.
(5) The Owner may activate a free SMS service, which informs Owner about any incoming Traveller inquiries about Listings.
(6) If the Owner has its 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.
5. Property Managers
(1) The Provider may grant special terms to Owners who have Listings offering more than 10 Properties (known as "Property Managers"). Listings of Property Managers are marked with a special button on the site’s Property page.
6. Additional Paid Services
The Provider makes available, and may from time to time add to or remove, additional paid-for-services that Owners decide to take ("Additional Paid Services"). The Additional Paid Services currently include:
(1) The "Multi Unit Listing" service, which enables an Owner of a particular Property with multiple rental units to advertise them up to three (3) additional paid listings in a common Listing. All such units must be at the same address, and part of the same living unit.
(2) The "International Upgrade" service, under which the Owner's Listing is also advertised on the relevant site(s) of Provider Affiliates. The service will run offers for individual countries or in packages for all countries e.g. in Europe (European bundle), UK (UK bundle) or worldwide (Worldwide bundle) in which the Provider or Provider Affiliates have services.
(3) If an Owner subscribes to the "Featured Listing" service, the Property photo linked to the full Property details page of the Listing will additionally be shown in the rotation list in either the Region Page or the Region and Homepage depending on which Featured Listing was purchased,. Note that the regularity with which a Featured Listing appears depends upon the number of other property Listings that have bought this additional service; the greater the number of such Listings, the lesser the regularity of their appearance.
(4) The Owner may agree to have a Listing entered in the Provider’s "Special Categories" (e.g. for golf, skiing).
(5) If an International Upgrade is purchased, the Provider also provides the possibility of having the Listing translated by a professional translation agency.
(6) More information about Additional Paid Services can be found on the Provider`s site. Each Additional Paid Service may be subject to additional terms and conditions which will be available to the Owner at the time when the Owner agrees to take the relevant Additional Paid Service.
If the Provider determines, or an allegation is made, that (a) Listings or other content associated with an Owner contain any material that infringes the Content Guidelines, the law, applicable regulations or the rights of any person or entity, (b) an Owner has submitted unsuitable material to, or 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 travellers 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 Traveller, (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.
8. 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 basis 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 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 upgraded 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 Travellers’ usage is least affected.
(4) The Provider also provides an enquiry contact form which serves to send messages from the Traveller to the Owner of the relevant Property. Travellers 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. If the Provider - including as a result of information provided by Travellers - 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; if requested to do so, the Owner agrees promptly (and in any event 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 Owner 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.
(2) Owners are permitted to download, display or print individual pages of the site to evidence their agreement with the Provider. The relevant file or the relevant printout must clearly bear the text "© 2001-2012 HomeAway UK Ltd. - All Rights Reserved".
10. Further Rights and obligations of the Owner
(1) The Owner shall submit truthful particulars about his personal identity and payment data and offer in Listings only Properties which the Owner is entitled to rent to Travellers.
(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) The Owner undertakes 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 give misleading particulars about the origin of any information, include details that may conceal the true source of any information.
(4) Owners are required to keep their account login details secret and not to pass them on to third parties. The Provider will never ask Owners to disclose this data. If Owners are contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify the Provider of the situation by email to homeaway help. Should any Owners notice that their account is being used by an unauthorised third party, they should immediately report the matter to the Provider by email to homeaway help and change their password.
(5) The Provider complies with its data protection obligations. The Owner authorises the Provider to forward the Owner’s contact details, including telephone number, to Travellers in connection with a Property booking.
(6) The Owner 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.
(7) 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.
(8) The Owner shall be obliged for charging, and accounting to the relevant authorities for, taxes (including, where relevant, VAT) on the payments they receive.
(9) If the Owner is VAT registered in his country, he has to provide the Provider with his valid VAT number. This number has to be validated by VIES http://ec.europa.eu/taxation_customs/vies/. Provider will then apply the reverse charge mechanism to the Owner. Owner shall provide his valid VAT number immediately, however no later than thirty (30) days after registration. If the VAT number is provided after thirty (30) days only, the Provider will not refund any VAT amount. The reverse charge mechanism does not apply when the Owner is based in UK, UK VAT will be charged in that case.
(10) The Provider reserves the right to transfer these Owner Ts & Cs, and to assign or subcontract any or all of its rights and obligations under these Owner Ts & Cs, to a third party but will not do so in such a way as to reduce any guarantees you are given to the Owner under these Owner Ts & Cs.
11. User rights to content
(1) Where an Owner submits to or transmits through the site any content of any type, including text or images, the Owner undertakes that he has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or owners of featured items (’property release’).
(2) To the extent that Owners’ Listings and other submissions may contain trademarks, Owners declare that they have the right to use them, including sublicensing rights.
(3) By submitting any form of content to the site, the Owner authorises the Provider and each of its Provider Affiliates to display and disseminate the content in connection with the performance of these Owner Ts&Cs.
Owner shall indemnify and hold Provider and each Provider Affiliate harmless 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 Owner Ts&Cs on the part of the Owner.
The Owner shall not directly or indirectly:
a) With respect to the site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile 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 Owner 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 (for which purpose, „virus" includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);
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, libellous, 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
(1) Any messages should be sent to the Provider using the contact form or by post.
(2) Notices regarding infringements of copyright must specify the following:
(a) Your address, telephone number and email
(b) Detailed information about the content concerned (display of the image or text), including a link to the site;
(c) A formal declaration showing that you
(i) Are the holder of the exclusive user right to the work;
(ii) Have not authorised the use of the relevant material in this form.
15. 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 Owner 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) £100.00 in the aggregate. Nothing in these Owner 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.
16. Governing Law and Entire Agreement
(1) These Owner Ts & Cs, and the relationship between the Owner and the Provider, 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. Venue shall be London.
(2) These Owner Ts & Cs contain the entire agreement between the Provider and Owner relating to their subject matter.
17. Miscellaneous provisions
(1) The Provider recommends that the Owner saves his/her own copy of these Owner Ts & Cs in a separate file on its PC or in print-out form.
(2) The invalidity of one or more provisions of these Owner Ts & Cs shall not affect the validity of the other provisions.
(3) The Provider’s failure to act with respect to a breach of these Owner Ts & Cs by the Owner or others does not waive the Provider’s right to act with respect to subsequent or similar breaches.
(4) The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Owner Ts & Cs.
Date: January 7, 2013