Owner Terms and Conditions

Last updated: 7th July 2014

1. Introduction

(1) The www.homeaway.co.uk website, and any mobile application for the website (the “Site”) is owned and operated by HomeAway UK Ltd, 25th Floor, Portland House, Bressenden Place, SW1E 5BH, UK ("HomeAway” , “we” , “us” or “our”). HomeAway is a subsidiary of HomeAway Inc. in the United States and part of the HomeAway Group. You can find out more about the HomeAway Group and how we share data in the Site’s Privacy Policy.
(2) These terms and conditions (the “Owner Ts&Cs”) together with the Privacy Policy, govern the relationship between HomeAway and any party which accesses or uses the Site to offer or advertise any property for rent, including property owners, lessees and property managers, (collectively, “Owners” or “you”).
(3)The Owner Ts&Cs constitute a legally binding agreement between HomeAway and the Owner. By using or accessing the Site or HomeAway’s platforms or systems in the capacity of an Owner, you acknowledge that you agree to and are subject to the Owner Ts&Cs as well as our Privacy Policy. If you do not fully agree to the Owner Ts&Cs, you are not authorised to access or otherwise use the Site.
(4) 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.

(5) HomeAway does not authorise anyone to register with this site unless they are able to enter into legally binding contracts.
(6) HomeAway may revise these Owner Ts&Cs at any time by posting an updated version to this Web page. You should visit this page periodically to view the most current Owner Ts&Cs because they are binding on you.
Owners who violate the Owner Ts&Cs may have their access and use of the Site suspended and their Property Listings removed from the Site, at HomeAway’s discretion.

2. The Site is a Venue only
(1) This site is a venue which allows Owners to advertise one or more holiday rental properties (each a “Property”) for rent in a variety of pricing formats to potential tenants (each, a “Traveller” and, collectively with an Owner the ‘users’). We may also offer online booking or other tools or services to allow Owners and Travellers to communicate with each other and to enter into rental agreements or other transactions.

(2) The Site provides a venue for users to interact, and HomeAway 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. This is true even if the Site facilitates booking a Property or the use of other tools, services or products, as HomeAway is not a party to any rental or other agreement between Travellers and Owners.

3. Property Listings
3.1 Purchasing a Listing

(1) Owners can agree with the HomeAway to place on the site a paid-for advertisement for a specific Property (each, a “Listing”).

(2) To purchase a Listing, the Owner must make an order by means of the Site’s online order form and pay HomeAway the fees for the relevant Listing (“Listing Fees”). The Listing Fees may vary if the Owner signs up to the “Tiered Pricing” service where, depending on the ranking level Owner has signed up to a Listing shall be placed on a more prominent position than another. By submitting an order form the Owner warrants that all of the information they have provided to HomeAway is accurate and complies with the Listing Terms set out in clause 4 below.

(3) Listings sold by HomeAway run for the full term as selected by the Owner on the relevant order form. That term starts on the date that the Owner submits the 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“), unless renewed as provided in sub-paragraph (6) below. For example, if the Purchase Date for an annual Listing Term is July 1st, the Listing would expire on June 30th of the following year (unless renewed as provided below).

(4) Note that all Listings and other additional services paid for with a credit card will be automatically and continuously renewed at the end of their respective term. Listings will be renewed for the same duration as the initial Listing Term (or by twelve months, if the initial Listing Term was more than twelve months) and services will be renewed to match the Listing term (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 HomeAway 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.

(5) Payments to HomeAway can be made by direct debit, bank transfer, credit card payment or any other method authorised in advance by HomeAway. The pre-notification period for any SEPA direct debit payment is shortened to 1 day. All banking and other fees relating to a payment shall be borne by the Owner.

(6) Note that Owners who are qualifying Property Managers may apply to HomeAway to enter into a separate Property Manager Listing Contract.

(7) 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 HomeAway, but are only available if applied for by the Owner by contacting HomeAway through the contact form during the first three (3) months following the relevant Purchase Date (the “Initial 3 Months“), and on the 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 HomeAway may require in relation to the completion of the Listing.

(8) 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, HomeAway may in its discretion permit the Listing Term to continue until fifteen (15) months after the Purchase Date for that Listing.
(9) Listing Fees are non refundable in the event that the Owner terminates the Agreement or wishes to remove a Listing before the end of the Term of subscription initially chosen.

(10) HomeAway reserves the right to decline to place any Listing that appears, in HomeAway’s discretion, to be capable of infringing, or be associated with the infringement of, any provision of these Owner Ts & Cs.
(11) While Owners and property managers can influence a Listing's position, the search results are dynamic. As a result, Owners may notice ongoing fluctuations in their listing position.
3.2 Pay-Per-Booking Listings
(1) Owners can choose to list their properties under a pay-per-booking subscription type, enabling them to advertise each Listing without any upfront fee, but in exchange will be charged a commission equal to a percentage of the base rental amount paid by a Traveller on every booking sourced through the Site, as set out in the subscription process (“the Commission”). HomeAway reserves the right to change the applicable Commission, with any changes to be notified to the Owner 30 days before the new Commission is applied. The new Commission rate will be deemed accepted if the Owner does not remove his Listing by the time the new Commission is applied.
(2) The calculation of the Commission will include applicable payment processing fees related to online payment, but shall not be assessed on amounts charged for taxes and any other product or service purchased by the Traveller and charged by HomeAway, such as insurance products. It is the Owners’ duty to accurately breakdown the different amounts charged to the Travellers.
(3) Online booking and payments are required for all pay-per-booking Listings. Owner further commits to manage communications enquiries and booking payments through HomeAway’s platform and tools. Use of external tools and payments not processed through HomeAway’s platform is strictly forbidden.
(4) Processing of the amounts paid by the Travellers, less HomeAway’s commission, is managed by HomeAway’s third party provider Yapstone International Limited, and processed 24 hours after check-in date as originally booked by the Traveller. Owner acknowledges and accepts that HomeAway has no involvement in the payment process and shall have no responsibility with regards to the correct payment of the booking.
(5) Owner commits to provide only accurate and up to date information in each Listing (including the description, rates and cancellation policy), and shall not impose different conditions on the Traveller than those set out in the listing. Failure to comply with the obligations set forth in these terms and conditions may result in Owner’s permanent exclusion from the Site and from any of its affiliated sites.
(6) Owner shall choose a cancellation policy among the ones proposed by HomeAway. The selected cancellation policy may be changed by the Owner at any time and shall be applicable to all Listings. No Commission shall be charged on cancellation of bookings where the applicable policy allows full refunds, but shall be charged on any amounts withheld according to the terms of the applicable policy.
(7) Sort order for Listings depends on HomeAway’s algorithms and may vary from time to time. No guarantee is given on any position within the search results, but the position of a Listing can be improved through quality criteria, such as number and quality of pictures, quotable rates, description, calendar updates, etc.
(8) Listings published under the pay-per-booking subscription type may be displayed on other sites of HomeAway’s affiliates, and on the sites of companies with which HomeAway may have signed distribution agreements, to the extent that such sites enable online payment. However, HomeAway gives no guarantee of publication other than on the Site where Advertiser originally registered its Listing and within the limit of HomeAway’s right to publish a Listing or not.
(9) Conversion of a Listing from a pay-per-subscription model to a pay-per-booking one is only possible at the end of the subscription term for each Listing. Conversion from pay-per-booking to pay-per-subscription can be processed at any time.
(10) Listing published on a pay-per-booking basis will be displayed on the Site indefinitely; however HomeAway reserves the right to remove or refuse to publish any Listing at any time in its sole discretion. Advertiser can also suspend or remove their Listings at any time, through their dashboard or by contacting customer service.
(11) With Pay-Per-Booking listings, your Listing will have a variable sort placement and presence in search results is not guaranteed.

4. Listing Terms
(1) The Owner warrants that all of the information provided to HomeAway is accurate and up-to-date, 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. The Owner will only list Properties which the Owner is entitled to rent to Travellers, and each Listing must relate to an individual and uniquely identified Property.
(2) The Owner undertakes to ensure that the information on the Listing is kept accurate and up-to-date for the entire time the Listing remains on the Site, 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 not give misleading particulars about the origin of any information or include details that may conceal the true source of any information.
(3) The Owner undertakes to ensure that the calendar for each Listing is keep accurate and up-to-date to reflect the availability of the relevant Property as it is booked. On date-based searches, listings having calendars which are 60 days or more out of date will be filtered out of results.
(4) 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.
(5) Photographs included in a Listing should depict the Property 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.
(6) We may from time to time provide or facilitate services to Owners to create or improve the quality of their property listings. We also may from time to time create new, or otherwise change, the location or geographic descriptions we use to identify properties in their listings and search results. Consequently, we may change the location or geographic description associated with any property listing. However, we assume no responsibility to verify property listing content or the accuracy of the location. Owners are solely responsible for ensuring the accuracy of listing content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy.
(7) If any Listing is in breach of these Listings Terms, HomeAway reserves the right to suspend, down-tier or terminate the relevant Listing or all Listings associated with the Owner in accordance with clause 12 of these Owner Ts&Cs.

5. 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-four (24) 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) In addition, a search summary snippet (either with or without a picture of the Property) and linked to the full-page Listing (with or without machine-translated text) may appear on the websites of affiliates of HomeAway (including affiliates in other countries) (collectively, “HomeAway Affiliates”). The availability of search snippets, and the inclusion of Property photos in them, on such HomeAway Affiliate websites is dependent on the availability of the relevant functionality on those websites. The Owner acknowledges that these search summary snippets may appear very low in the search hierarchy of the relevant websites. Should the Owner wish to improve the prominence of such search summary snippets, it is necessary for the Owner to purchase an International Upgrade, as provided in Clause 6 below.

(4) Property search snippets are searched and displayed based on HomeAway’s sort algorithm. Travellers can also search Listings according to various criteria, such as:

  • The average review score
  • The number of sleeping rooms
  • The number of reviews
  • The pricing
  • Special offers.

(5) HomeAway has implemented the Google Translate service on the site. Owners can use this service free of charge to have their Listings translated. The Owner acknowledges and accepts that this is a static machine translation system which frequently makes mistakes. After translation, the Owner must review the translation, and correct all inaccuracies in it. HomeAway does not have any responsibility for the accuracy or otherwise of the Google Translate service. The Owner accepts that Google Translate is provided under Google’s terms and conditions of service and the Owner should review those terms before using Google Translate.

(6) HomeAway 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. The Owner accepts that Google Maps is provided under Google’s terms and conditions and HomeAway will not be responsible for the functioning, accuracy or otherwise of Google Maps. The Owner acknowledges and accepts that the Google Maps’ service is not error free and the Owner will ensure that the correct location of the Property is shown by Google Maps when using this service.
(7) HomeAway also uses Google Analytics to gather statistics on site usage. There are more details in the Privacy Policy and Cookie Notice and in Google’s own privacy policy. Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube. Owner accepts that HomeAway Group has no control over Google’s data collection.

(8) The Owner may activate a free SMS service, which informs Owner about any incoming Traveller enquiries about Listings. The Owner understands and accepts that SMS is not 100% reliable and may be subject to connectivity and blocking issues outside HomeAway’s control. Additionally, the use of SMS messages, particularly when travelling, may result in additional costs for Owners from telecoms and network providers which the Owner agrees to accept when signing up for the SMS service. The Owner understands and accepts that SMS messages may be monitored and disclosed in accordance with the site’s Privacy Policy.

(9) 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 HomeAway finds that the requirements of this sub-Clause have been breached, HomeAway 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.

6. The Dashboard, Online Payments & Bookings, Internet Fraud Guarantee, Guestbook and Traveller Reviews

(1) Upon 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) The Dashboard provide various functions which are intended to assist Owners to manage their Properties through the site; these functions, and the Dashboard itself, are made available on an “as is” basis, and HomeAway does not undertake that the Dashboard or its functions will be complete or error-free.

(3) In the Dashboard, the Owner can register for the “online payment” service which enables Travellers to make payments to the Owner via an online payments gateway offered by our third party payment provider, Yapstone International. The online payments service is subject to the terms and conditions of Yapstone, and Owner accepts that HomeAway Group has no control over nor any responsibility for Yapstone’s services and will not be responsible for i. Owner can also choose the “online booking” service which includes not only the “online payment” service (as described above), but which also provides the ability for Travellers to make online booking reservations for a Property.

(4) Through the Dashboard, the Owner has access to Guestbook(s) and Traveller’s Reviews for the Owner’s Properties.

(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. Some more information about Guestbook Comments is set out here.

(6) Travellers may also post their own reviews of Owners’ Properties (“Traveller Reviews”) on the site. The Owner is given the opportunity to view Traveller Reviews, and to respond to them (an “Owner Response”). Some more detail about Traveller Reviews and Owner Responses is availablehere. Please note that HomeAway does not, and does not realistically have the ability to, verify the accuracy or otherwise of Traveller Reviews. The Owner’s sole remedy, and HomeAway’s sole obligation, in the event that an Owner disputes any aspect of a Traveller Review is to permit the Owner to post an Owner Response to it.

(7) HomeAway requires all Guestbook Comments, Traveller Reviews, Owner Responses and other communications to conform to the Content Guidelines, and may decline to post any of them that HomeAway finds does not do so. In the event that any Guestbook Comment, Traveller Review or Owner Response appears on the site but fails to conform to the Content Guidelines, then without prejudice to any other available remedies, HomeAway shall be entitled immediately to remove from the site the relevant non-conforming Guestbook Comments, Traveller Reviews and Owner Responses.

7. Enquiries and messages
(1) Enquiries sent using the HomeAway system are available for review by the Traveller who originally sent it and to a limited number of HomeAway Group customer service employees, who may be asked by Travellers or others for their past enquiry information. HomeAway Group also monitors messages from time to time which are sent using HomeAway platform or systems. HomeAway may, from time to time, use third party e-mail servers to send and track receipt of emails, and analyse the pattern of emails sent using third party tracking systems. HomeAway’s system does not hold messages indefinitely and they may not be accessible after the message has been delivered. Any email addresses included within the conversation/open text of enquiries sent by Travellers or in messages sent using HomeAway platforms or systems will be removed and replaced with -------------@.---.---.

Owners should print a copy of any message which is important – for example a payment receipt or a booking confirmation.

(2) HomeAway has no responsibility for, or involvement in, the communications between the Owner and Traveller.

8. Property Managers

(1) HomeAway may grant special terms to Owners who have Listings offering more than 10 Properties (known as “Property Managers”). These terms can be applied for by contacting HomeAway through our Property Manager Information page. Listings of Property Managers are marked with a special icon on the site’s Property search results.

(2) If Property Managers have placed, and continue to place, at least 50% of their holiday rentals on the Site, they are eligible for the program known as “Brand Boost”. Owners who qualify for Brand Boost obtain their own Property Manager profile on the site. HomeAway may require Property Managers to prove their eligibility for Brand Boost including (without limitation) by showing their compliance with the criteria for linked Owner Websites referred to in Clause 5(9) above. If HomeAway finds that the requirements of this sub-Clause have been breached, HomeAway will be entitled to remove from the Property Manager all benefits of Brand Boost immediately, and notify the Property Manager by email that this has been done.

(3) The agency profile is a subpage offered by HomeAway on which Property Managers may present their property management business. This page can be reached through a link from every Listing made by the Property Manager Owners who participate in the Brand Boost program. It lists all of the Property Manager's Listings appearing on the site.

9. Additional Paid Services

HomeAway 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 four (4) 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 HomeAway 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 (Global bundle) in which HomeAway or HomeAway 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 above the search results. 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 HomeAway’s “Special Categories” (e.g. for golf, skiing). The Listing in each Special Category is normally highlighted by its own icon which should appear on all search snippets for Listings which have been subscribed for the relevant Special Category. These Listings are shown above Listings that have similar characteristics but which have not subscribed for the appropriate Special Category.

(5) Instead of translation through Google Translate, HomeAway 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 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.

10. Users’ Personal Information; No Spam.
(1) We do not tolerate spam or unsolicited commercial electronic communications of any kind. You agree that, with respect to other users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, 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, and
c) enquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site (such as responding to a booking enquiry or charging a personal credit card).
(2) Any other purpose, including (i) disclosure to a third party, or (i) adding a user to your mailing list will require the express permission from the user.
(3) 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 unauthorised transfer of such information.

11. Prohibitions

(1) The Owner shall not directly or indirectly:

  1. 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;
  2. Monitor content on the site or communications with Travellers 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 holiday property rental services or other services that compete with the site or HomeAway) 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 HomeAway’s robots.txt file;
  3. Use the site or HomeAway’s platform or systems for purposes other than those referred to in these Owner Ts&Cs;
  4. 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;
  5. 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;
  6. Upload or send to the site any content or programs, which on account of their size or nature, might damage HomeAway’s computers or networks;
  7. Include content on the site or HomeAway’s platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;
  8. Use or access the site or HomeAway’s platform or systems 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);
  9. 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;
  10. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
  11. Refer to HomeAway or any HomeAway 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 HomeAway or any HomeAway Affiliate; or
  12. Substitute a Property in a Listing for another Property without the prior consent of HomeAway. Prohibited substitution activities include:
    1. multi-unit listing: use of one Listing to promote more than one property available in a building;
    2. Substitution: changing the Property which is displayed in a Listing as that Property becomes booked; and
    3. Leeching: offering a Traveller who enquires through the Site a different Property than the one which is displayed in the relevant Listing.

(2) In the event of any breach of this clause by an Owner, HomeAway reserves the right to suspend, down-tier or terminate the relevant Listing or all Listings associated with the Owner in accordance with clause 12 of these Owner Ts&Cs.

12. Termination

If HomeAway determines, or an allegation is made, that:

  1. 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;
  2. an Owner has submitted unsuitable material to, or misused, the site;
  3. 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);
  4. the Owner is in material breach of these Owner Ts&Cs (which shall include, for the avoidance of doubt, any breach of clause 4 ‘Listing Terms’ or clause 11 ‘Prohibitions’) any other obligations owed to HomeAway, any HomeAway Affiliate or Traveller;
  5. an Owner has been is abusive or offensive to any employee or representative of HomeAway;
  6. an Owner uses a false identity;
  7. HomeAway’s systems or communications platforms have been otherwise misused; or
  8. anything similar to the foregoing has occurred in relation to any of HomeAway Affiliates,

then HomeAway shall be entitled to, at its sole discretion, (i) suspend, (ii) down-tier, or (iii) terminate either (a) any affected Listings, or (b) all Listings associated with that 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.

Note that HomeAway assumes no duty to investigate complaints.

13. Rights and obligations of HomeAway

(1) HomeAway may change, suspend or discontinue any aspect of the Site at any time, including the layout and the availability of any Site features, database or content without any prior notice or liability.
(2) HomeAway 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 HomeAway. However, Owners acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.

(3) HomeAway may occasionally undertake upgrades of the site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the site. HomeAway 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) HomeAway may conduct identity checks and ask for proof to establish the existence of a Property and/or an Owner and ownership. If HomeAway – including as a result of information provided by Travellers - suspects that the Owner has supplied false information, the Owner acknowledges that HomeAway 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 HomeAway) to supply to HomeAway such proof of identity or of a Property’s existence as HomeAway requests. Each Owner acknowledges that failure to comply with any such request constitutes a breach of these Owner Ts&Cs.

(5) HomeAway complies with its Privacy Policy. The Owner authorises HomeAway to forward the Owner’s contact details, including telephone number, to Travellers in connection with a Property booking. The Privacy Policy provides further details. HomeAway may where necessary (including to prevent fraudulent behaviour of a third party) give an Owner`s phone number to a Traveller. The Owner accepts that it has read the site’s Privacy Policy and Cookie Notice and consents to the processing of data as outlined in those policies.


14. Copyright

(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 HomeAway. The relevant file or the relevant printout must clearly bear the text “© Copyright 2001 – Present HomeAway UK Ltd - All Rights Reserved”.

15. Further rights and obligations of the Owner

(1) The Owner shall submit truthful particulars about his/her personal identity, payment data, Property offered in Listings and other communications using HomeAway Group systems.

(2) Owners are required to keep their account login details secret and not to pass them on to third parties or use them to provide shared access for example over a network. Owners should use a password which is unique to their use the Site – they must not use the same password as is used for another site or email account. HomeAway 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 HomeAway 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 HomeAway by email to HomeAway Help and change their password.

(3) The Owner shall be responsible for all charges relating to the Property and the Listings, and shall account to the relevant authorities for all applicable taxes (including, where relevant, VAT) on the payments they receive.

(4) If the Owner is VAT registered in the country which is based in an EU member state, it must provide HomeAway with the valid VAT number. This number has to be validated by VIES http://ec.europa.eu/taxation_customs/vies/. HomeAway will then apply reverse charge mechanism to the Owner, under Art. 196 of Directive 2006/112/EC relating to the reverse charge mechanism. Where Art. 196 applies the Owner’s invoice will not include any VAT. You may be required to account for VAT in your local Member State. Owner shall provide the valid VAT number immediately, however no later than thirty (30) days after registration. If the VAT number is provided after thirty (30) days, HomeAway will not refund any VAT amount. The reverse charge mechanism does not apply when the Owner is based in United Kingdom, UK VAT will be charged in that case.

(5) HomeAway 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 given to the Owner under these Owner Ts&Cs.

16. User rights to content

(1) Where an Owner submits to or transmits through the site or HomeAway’s platform or systems any content of any type, including text or images, the Owner undertakes that it 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 warrant that they have the right to use them, including sublicensing rights.

(3) By submitting any form of content to the site, the Owner authorises HomeAway and each of its HomeAway Affiliates to reproduce in whole or in part, display and disseminate the content in connection with the performance of these Owner Ts&Cs and in the promotion of the Site.

17. Indemnification

Owner agrees to defend, indemnify and hold harmless HomeAway and each HomeAway Affiliate, and their respective officers, directors, employees and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) brought by third parties brought against HomeAway or any HomeAway Affiliate alleging or arising out of or in connection from (a) any content or material the Owner submits or provides for inclusion on the Site; (b) any use by the Owner of the Site; and (c) any breach of these Owner Ts&Cs on the part of the Owner.

18. Contacting us

(1) Any messages should be sent to HomeAway using the contact form or HomeAway’s platform or by post.

(2) Notices regarding infringements of copyright must specify the following:

  1. Your address, telephone number and email;
  2. Detailed information about the content concerned (display of the image or text), including a link to the site; and
  3. A formal declaration showing that you;
    1. Are the holder of the exclusive user right to the work;
    2. Have not authorised the use of the relevant material in this form.
       

19. HomeAway's limited liability
In no event will HomeAway 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 HomeAway 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 or HomeAway’s platform or systems, or you do not agree with any part of these Owner Ts & Cs, then your sole and exclusive remedy against HomeAway is to discontinue using the site. In all events, our liability, and the liability of HomeAway Group, 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 HomeAway Group’s liability for death or personal injury resulting from its negligence; nor for HomeAway Group’s fraud or fraudulent misrepresentation.

20. General
(1) These Owner Ts&Cs are governed by the laws of England and Wales. Jurisdiction for any claims arising under this agreement shall lie exclusively with the English courts. If any provision of the Owner Ts&Cs are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Owner Ts&Cs, which shall remain in full force and effect. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Owner Ts&Cs. No waiver of any term of the Owner Ts&Cs shall be deemed a further or continuing waiver of such term or any other term. In addition, HomeAway’s failure to enforce any term of the Owner Ts&Cs shall not be deemed as a waiver of such term or otherwise affect HomeAway’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional terms for certain areas of the Site including the Privacy Policy, the Owner Ts&Cs constitute the entire agreement between Owner and HomeAway with respect to the use of the Site. No changes to these Terms shall be made except by a revised posting on this page.

(2) HomeAway 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.