HomeAway UK Ltd General Terms and Conditions for Travellers
(1) These terms and conditions (the “Traveller Ts&Cs”) govern the relationship between HomeAway UK Ltd, Portland House, 25th floor, 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 is not using it in his/her/its capacity as a property owner or property manager (“Traveller”). Travellers include people who use the site to access information about, or to rent, properties. The site is owned and operated by HomeAway UK Ltd, Portland House, 25th floor, Bressenden Place, London SW1E 5BH, UK, a subsidiary of HomeAway Inc. in the United States.
(2) The Traveller Ts&Cs constitute a legally binding agreement between the Provider and the Traveller.
(3) By using or accessing this site, you agree to the Traveller 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
(1) This site is a place where Travellers can view advertising of, and obtain information about, properties offered for rental (“Properties”) by others, including property owners and managers, (collectively, “Owners”), and communicate with those Owners.
(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. Property Listings and Interaction with Owners
(1) Owners are entirely responsible for all of the information, including images, text and other content, relating to the Properties they offer (“Listings”), for updating them and ensuring (where relevant) that they are correctly translated. Thus, where a listing is linked to an automated translation facility, such as Google Translate, it is the Owner’s responsibility to ensure that the resulting translation is accurate, and to correct any deficiencies in it.
(2) If Travellers find a Property in which they are interested, they can send an information request to the Owner (an “inquiry”) stating their surnames e-mail address and telephone number, and other requested information, without having to log in to the site for the purpose.
(3) The Traveller receives a confirmation from Provider, once an inquiry has been sent to Owner.
(4) The Owner may then communicate with the Traveller in connection with the inquiry.
(5) The Provider has no responsibility for, or involvement in, the communication between the Owner and Traveller.
4. Registration and establishing an Account
(1) Should Travellers wish to use services available to them on the site other than simply making an inquiry, they must register with the site. The Provider does not authorise anyone to register with this site unless they are able to enter into legally binding contracts. As a result of successfully completing the registration process, the Traveller obtains a user account for the site (an “Account”).
(2) To obtain an Account, the Traveller must follow all of the instructions given by the Provider during the registration process. The traveller can sign up for an account using a personal email address or he can sign up using Facebook login credentials by clicking on Facebook login button on registration screen.
(3) The Travellers Account includes information which is made publicly available to other users of the site and can also be seen by other Internet users not registered on the site, for example show up in Google search engines. The Traveller account includes amongst others:
- A dedicated page, known as “My profile” page. Personal profiles pages display a user’s photo and name as mandatory fields. Other personal and travel information are optional and it will remain at the discretion of the traveller.
- The availability to monitor specific Properties;
- Save favourite Properties;
- Add notes and create lists
- Save comments on Properties;
- Place reviews of rented Properties;
- Link Travellers Facebook account. By login with Facebook or linking a traveller account with Facebook, the traveller agrees to transfer their login credentials from Facebook and to display the list of Facebook friends who also have an account in HomeAway. This information will be display on traveller profile page.
- Share favourite properties or lists with others, such as friends and family and social networks.
(4) Travellers can deactivate their Account at any time and they can also unlink their Account and public page from Facebook at any time. Traveller can deactivate or unlink their accounts by going directly to their profile’s settings page.
5. Rights and obligations of the Provider
(1) The Provider shall use commercially reasonable efforts to ensure that depictions on the site of the photos of the Properties that Owners have submitted to the Provider are as true and accurate a representation of those photos as practicable. However, Travellers acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
(2) Further, Travellers also acknowledge that Owners – and not the Provider – are responsible for the accuracy with which the photos depict the relevant Property.
(3) The Provider may occasionally undertake upgrades and maintenance of the site. These works may result in restrictions in the usage on the site. The Provider will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when most Travellers’ usage is least affected.
(4) The Provider offers a messaging system which may be used by the Owner and Traveller for making contact with one another. Completed enquiry contact forms will be forwarded to the email provided by the Owner of the relevant Property. Travellers acknowledge that unauthorised third parties may misuse the system and unlawfully intercept or read messages. The Provider is not liable for any such misuse.
(5) Each Traveller acknowledges that the Provider is not responsible for checking the identity, or for the behaviour, of Owners or for establishing the nature, condition or existence of a Property.
(6) The Provider reserves the right to transfer these Traveller Ts & Cs, and to assign or subcontract any or all of its rights and obligations under these Traveller 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 Traveller under these Traveller Ts & Cs.
6. Intellectual Property and Related
(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) Travellers 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 “© Copyright 2001 – Present HomeAway UK Ltd - All Rights Reserved”.
(3) Where a Traveller submits to or transmits through the site any content of any type, including text or images, the Traveller undertakes that he/she 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’).
(4) To the extent that Travellers’ reviews or other content may contain trade marks or other proprietary names or marks, Travellers undertake that they have the right to do so.
(5) By submitting reviews to the site, Travellers authorise the Provider to use them both on the site and in separately published form.
7. Travellers’ Accounts, Communications and Reviews
(1) Travellers must provide only accurate and truthful information concerning their identity in their Accounts and profile pages.
(2) Travellers are required to keep their Account login details secret and not to pass them on to third parties. The Provider will never ask Travellers to disclose these details. If Travellers are contacted by third parties and asked for Account login details, under no circumstances should they impart any of those details, but must immediately notify the Provider of the occurrence through the contact form . Should any Travellers notice that their account is being used by an unauthorised third party, they should immediately report the matter to the Provider through the contact form and change their password.
(3) Messages sent via the Provider’s messaging system should only relate to serious booking enquiries. It is prohibited to misuse the Provider’s messaging system, such as by sending unsolicited commercial communications (spam). E-mails and site recommendations transmitted via the “Recommend this site” function should only be sent with the recipient’s consent.
(4) Travellers may post their 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 available here .
(5) The Provider also makes available to Owners 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”).
(6) Please note that the Provider does not, and does not realistically have the ability to, verify the accuracy or otherwise of Guestbook Comments, Traveller Reviews or Owner Responses.
(7) The Provider nevertheless requires all Guestbook Comments, Traveller Reviews and Owner Responses to conform to the Content Guidelines , and may decline to post any of them that the Provider finds does not do so.
(8) In the event that any Traveller Review 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 Traveller Review.
(9) The Provider does not generally conduct identity checks. If Travellers suspect that the Owner has supplied false information, they are invited to notify the Provider through the contact form .
The Traveller shall indemnify and hold the Provider and its affiliates in other countries (“Provider Affiliates”) 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 Traveller Ts&Cs on the part of the Traveller.
The Traveller 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 Traveller 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 Traveller or any website is sponsored by, affiliated with, or endorsed by the Provider or any Provider Affiliate.
10. Right to delete content
Travellers are responsible for ensuring that their communications, and content posted, through or in connection with the site, including Traveller Reviews and communications with Owners, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright, data protection law or the Content Guidelines . Without prejudice to any other available remedies, the Provider shall be entitled immediately to remove from the site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account.
(1) Messages are to be sent using the contact form or by ordinary post to HomeAway UK Ltd Portland House, 25th floor, Bressenden Place, London SW1E 5BH.
(2) Notifications of copyright infringement must contain:
a) Your postal address, telephone number and e-mail address
b) Precise details about the content in question (insertion of the text or image) including a link to the website;
c) A signed declaration in lieu of an oath, which implies that you:
(i) Hold the exclusive rights to use the work;
(ii) Have not authorised the use of the material in question in this form.
12. Liability of Provider
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 Traveller Ts & Cs, then your sole and exclusive remedy against the Provider is to discontinue using the site. Nothing in these Traveller 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.
(1) These Traveller 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. .
(2) These Traveller Ts & Cs contain the entire agreement between the Provider and Traveller relating to their subject matter .
(3) The Provider recommends that each Traveller save his/her own copy of these Traveller Ts & Cs in a separate file on its PC or in print-out form.
(4) The Provider’s failure to act with respect to a breach of these Traveller Ts & Cs by the Traveller or others does not waive the Provider ’s right to act with respect to subsequent or similar breaches.
(5) The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Traveller Ts & Cs .
(6) The invalidity of one or more provisions of these Traveller Ts & Cs shall not affect the validity of the other provisions.
Date: March 26, 2013