Addendum: Social Media. Properties listed on the site may be listed and promoted on our Social Media accounts including (but not limited to) Twitter, Facebook, Instagram and Pinterest.
We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a property or renting a property. We do not own or manage, nor can we contract for, any holiday rental property listed on the Site. Instead, the Site acts as a venue to allow homeowners and property managers who advertise on our Site (each, a "member") to offer for rent in a variety of pricing formats, a specific holiday rental property to potential renters (each, a "traveller" and, collectively with a member, the "users"). We are not involved in any transaction between travellers and members even though we may from time to time provide tools that relate to a booking, such as a tool to enable a traveller to enter into a transaction to lease a specific property directly from a member. As a result, any part of an actual or potential transaction between a traveller and a member, including the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of members to rent a vacation property or the ability of travellers to pay for holiday rental properties are solely the responsibility of each user.
We are also not responsible for the condition of the holiday rental properties listed on our Site or the compliance with laws, rules or regulations that may be applicable to any holiday rental property in any jurisdiction.
Finally, while we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. In the event we do provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm, result or action.
Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site all in accordance with these Terms. Any use of the Site that is not in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.
The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines 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 our robots.txt file. "General purpose internet search engines" do not include a 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 us.
Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorized by us in writing:
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by using ourContact Us page.
The Site and all content on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.K. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, non-commercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us.
As part of the rental inquiry process, for your own personal, non-commercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site.
Each user acknowledges and agrees that, regardless of such user's physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United Kingdom, including in the United States.
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity. We encourage you to communicate directly with a traveller or member through the tools available on the Site.
You agree to (i) keep your password and online ID secure and strictly confidential, providing it only to authorized users of your account, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER Gites.co.uk Ltd NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH Gites.co.uk Ltd AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your password is being used in an unauthorized or fraudulent manner.
You agree that, with respect to other users' personal information that you obtain through the Site or through any Site-related communication or transaction, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, (c) facilitating a financial transaction between you and the other user (such as an on-line booking or charging a personal credit card) and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented a vacation property from you or to you, to your mailing list (email or physical mail) without the user's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.
We have no duty to pre-screen content posted on the Site by members, travellers or other users (including, without limitation, reviews of or guest book entries for any particular rental property), (collectively, "user-contributed content") and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any user-contributed content that fails to meet our Content Guidelines or if it otherwise violates these Terms. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content. Finally, we reserve the right (but do not assume the obligation) to edit member's content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements.
All property listings on the Site are submitted by the member (who may be the owner or a property manager or duly authorized property manager or agent of the owner) and are the sole responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, or any alleged breaches of contract on a member's part. Members are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to any and all representations about any property, its amenities, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective travellers have searched for specific special offers, dates, or types of properties. Members are solely responsible for ensuring the accuracy of any property descriptions, and travellers are solely responsible for verifying the accuracy of such descriptions.
If any content created by members or users is translated for display on any Site or any site of any affiliate of Gites.co.uk Ltd, the member or user is solely responsible for the review and accuracy of such translation. Unless we specify otherwise to the user or member, any translation services are offered by us free of charge.
We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request.
We respect the intellectual property rights of others, and we do not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright. We will terminate, in appropriate circumstances, a member or traveller who is the source of repeat infringements of copyright.
Unsolicited Ideas: From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works ("submissions") in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become the property of Gites.co.uk Ltd, without any compensation to you; (2) We may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for Gites.co.uk Ltd to review any submission; and (4) there is no obligation to keep any submission confidential.
Feedback on our Business: We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us using the links below or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on our websites and services. Keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner. To provide feedback, you can contact us.
This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
IN NO EVENT WILL WE, THE SITE, 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 (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY US, YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE BY YOU OR ANY THIRD PARTY AND/OR (E) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, 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 THE 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 Gites.co.uk Ltd, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. 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 WARRANT THAT THE SITE WILL BE PROVIDED WITH REASONABLE CARE AND SKILL WITH THE INTENTION OF MEETING OUR TECHNICAL SPECIFICATIONS FOR THE SITE, BUT WE CANNOT AND DO NOT GUARANTEE THAT THE SITE OR ANY OF ITS CONTENT OR FUNCTIONS WILL MEET YOUR REQUIREMENTS. EXCEPT AS EXPRESSLY STATED ELSEWHERE IN THESE TERMS, ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS RELATING TO THE SITE OR ANY OF ITS CONTENT, WHETHER EXPRESS OR IMPLIED (BY COMMON LAW, STATUTE, COLLATERALLY OR OTHERWISE) ARE HEREBY EXCLUDED, EXCEPT IN THE CASE OF OUR FRAUD OR OUR FRAUDULENT MISREPRESENTATION, OR WHERE SUCH EXCLUSION IS NOT PERMITTED BY LAW. TERMS EXCLUDED INCLUDE ANY AS TO NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ALTHOUGH WE WILL TAKE REASONABLE STEPS TO AVOID OURSELVES INTRODUCING VIRUSES OR OTHER HARMFUL COMPONENTS TO THE SITE.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT), YOU HEREBY AGREE TO RELEASE AND DISCHARGE US AND ANY MEMBER OF Gites.co.uk Ltd, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE.
YOU HEREBY AGREE TO INDEMNIFY US AND ANY MEMBER OF Gites.co.uk Ltd (COLLECTIVELY, THE "INDEMNIFIED PARTIES") AGAINST ALL LIABILITY INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT ANY BREACH BY YOU OR THROUGH YOUR ACCOUNT OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU IN THESE TERMS, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.
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.
No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
Notices: Except as explicitly stated otherwise, any notices to us shall be given by email atContact Us.
When we need to send you notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered or recorded delivery mail to any address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing.
Changes to the Site or these Terms and Conditions: We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content, where we have legal, commercial or technical reasons to do so. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability for similar reasons.
This version of the Terms became effective on 10 July, 2011. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent. Notification of any amendment will be posted on the Site and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i) your sole remedy as a traveler is to discontinue your use of the Site, and (ii) your sole remedy as a member is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When members renew subscriptions, the terms in effect at the time of renewal will govern unless and until any other revisions are made as described above.
We also reserve the right, in our sole discretion and from time to time, to offer special programs with unique terms and conditions that are separate from and may supersede in certain respects these Terms (for example, our Rent With Confidence Guarantee), the applicability of which to your use of the Site is governed by the terms and conditions of such special program.
Subscription rates in effect at the time of a member's subscription are subject to change without notice at the member's next subscription renewal or with respect to any additional subscription.
Your Record of These Terms: We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
Enforcement of These Terms: We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against users that breach these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.
Entire Agreement, Headings and Severability: These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
Assignment: We may assign these Terms in our sole discretion, but not in such a way as to reduce the commitments we make to users. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.
The Site is provided by Gites.co.uk Ltd. We are a company registered in England and Wales under registration no. 07843370.
Additional Terms and Conditions Applicable to Our Members
In addition to being bound by the terms set forth above, members who purchase subscriptions from us are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a subscription.
Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each member represents and covenants that all information submitted to us and to the Site during such member’s registration with the Site shall be true and correct. Each member further agrees to promptly provide notice to the Site by contacting us regarding any updates to any such contact information previously submitted by such member to the Site. Each member agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the Site, and proof of authority to list the property as we may request.
All content and copy edits submitted by members are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine, in our sole discretion, does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements. Members are responsible for reviewing and ensuring that any content displayed on the Site appears as the member intended.
Photographs should depict the holiday rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. Photographs must meet our Content Guidelines. We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph electronically through the Site the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advert, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advert on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and Gites.co.uk Ltd from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.
It is the member's responsibility to obtain reproduction permission for all photographic and other material used in its adverts. The member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request.
By accepting these Terms and by posting a listing on the Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the Site or the websites of our affiliates, and you grant the Site and Gites.co.uk Ltd the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. We need these rights to host and display your listing. You further agree to assist us at our expense and control to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any member and each member agrees to indemnify and hold harmless the Site and Gites.co.uk Ltd against any action brought for breach of copyright or other rights from the use of such content supplied by such 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 any user-contributed content posted or provided to us by any member.
Each member agrees that we may sublicense all the rights granted to us under these terms to one or more third parties we may contract with to display all or part of the member’s property listing or otherwise provide promotional or other services related to our business.
Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the promotion of the Site.
There are limited ways in which you may use our trademarks or logos without specific prior written authorization. The following are general guidelines: It is usually permissible for you to refer to Gites.co.uk on which you list your property in a descriptive manner in your listing on the Site or in other permissible communications. You may not refer to us or any of our affiliates in any way that might lead someone to believe that your company or site is sponsored by, affiliated with, or endorsed by Us or one of our affiliates. For example, you may not say "Gites.co.uk sponsors my holiday rental," or describe your property as "Gites.co.uk's best holiday rental." You may not use the Gites.co.uk name or one of our affiliates' names on any other website that lists holiday rentals without our prior written authorization.
We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirts, etc., or if you have other questions, you may contact us.
We reserve the right to refuse hypertext links to, or addresses of, other web sites from members' pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
Any entries in the property feedback section of any member's listing must be genuine comments from guests who have stayed at the property advertised. The e-mail address(es) of the guest(s) whose comments are given must be supplied by a member to us upon our request. All content submitted in reviews must meet our guidelines.
Each advert must relate to an individual and uniquely identified property, This means that:
Payments between members and travellers: We are not a party to any payment transaction between members and travellers. No member may request any traveller to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Site may result in the immediate removal of the non-conforming listing from the Site without notice to the member and without refund. From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.
Payments for subscriptions: Payment for subscription listings must be made to us in British pound sterling paid either by Paypal, bank transfer, or UK cheque.
Automatic Renewal. Any subscription paid for may automatically renew for consecutive periods of the same duration: therefore, for example, a twelve month subscription will renew for successive twelve month periods on the anniversary of the original subscription. We refer to these as "automatically renewing subscriptions". We will notify holders of automatically renewing subscriptions 14 days before renewal occurs, and (if the subscription amount is going to increase) 28 days before as well. Each notification will include the date when renewal is to take place, and the subscription amount that is to be paid. If you do not wish to proceed with the renewal of your automatically renewing subscription, you will be able to prevent this by contacting us, provided you do this at least 24 hours before the renewal time referred to in the renewal notice(s) you receive from us (the "cancellation notice period"). Please note that an automatically renewing subscription may lapse due to our inability to take payment using your selected payment method - such as if you change credit card. In that event, you will need to arrange to make payment in order to continue your subscription. If you wish to change your credit or debit card to be charged or if your credit or debit card information otherwise changes, you agree to contact us to provide the new or different credit card information prior to the beginning of your cancellation notice period.
If your subscription (a) was purchased by credit or debit card prior to 29 March, 2011, or (b) is or was purchased by a form of payment other than credit or debit card at any time, it does not automatically renew. We may, however, contact you to ask whether you wish to convert to an automatically renewing subscription. If we do so, and you agree to do so by providing your credit or debit card details for that purpose, then from the date when the resulting subscription commences it will constitute an automatically renewing subscription.
If you cancel an automatically renewing subscription before your cancellation notice period begins as provided above, it will remain active until the expiry of than then-current subscription period; however your subscription will not be automatically renewed upon the expiry of that period.
If you do not cancel an automatically renewing subscription before the beginning of your cancellation notice period as provided above, you authorize us to charge your credit or debit card for the continuation of your automatically renewing subscription.
You agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to any rental property you list on the Site. We assume no responsibility for your compliance. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal compliance pertaining to rental properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
Refund Requests: All listings are sold to run the full term that is chosen by the member. Generally, no refunds are available unless a member qualifies for a refund under any guarantee program we may have in effect. If you believe you qualify for a refund under a guarantee we are offering, you may contact customer support by contacting us and include your listing number, and your reason for dissatisfaction. We will then determine, in accordance with the applicable guarantee program, whether any refund is due.
If you renew your subscription, or if your subscription automatically renews under its terms of your subscription, your listing will remain online for the entire subscription period without refund. If you sell your property and no longer wish for the listing to remain online, please contact us and we can remove the listing; however, no refund will be owed.
Our Right to Terminate a Listing: If, in our sole discretion, any member submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to terminate such member's subscription(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a member's listing or rental practices that, in our sole discretion, warrants the immediate removal of such member's listing from the Site (for example, and without limitation, if a member double-books a property for multiple travellers on the same date, or engages in any practice that, in our sole discretion, would be considered unfair or improper within the holiday rental industry, or if we receive a complaint that any listing's content infringes on the rights of a third party), then we may immediately terminate such member's subscription(s) without notice to the member and without refund. We assume no duty to investigate complaints. Finally, if any member is abusive or offensive to any employee or representative of Gites.co.uk, we reserve the right to terminate such member's subscription(s) immediately without refund. Finally, if any member is in breach of these Terms or its obligations to us then we may terminate such member's subscription(s) immediately without notice to the member and without refund.
Transfer of Listing: No listing may be transferred to another party, except that if a member sells the property that is listed, the member may transfer its listing to the new owner of the property that is listed. We may, at our discretion, charge a reasonable transfer fee.
When, as a member, you choose to create a listing, you are agreeing that the listing may be placed shortly after you provide your agreement to create it. As a result you do not have the right to cancel your agreement to create the listing during the cooling-off period which is provided for certain transactions under the Consumer Protection (Distance Selling) Regulations 2000.
Phew, all done! Lawyers: Don't you love 'em?!