Traveller Terms and conditions

 

 Last updated: 1 November 2019

Download in pdf format

 

1. Introduction 

1.1 The Traveller T&C’s are a binding contract between HomeAway UK Ltd and the Traveller.

The operations of HomeAway in Europe are managed by HomeAway UK Limited, of Level 25, Portland House, Bressenden Place, London SW1E 5BH (“HomeAway” “we” “our” “us”). HomeAway is an indirect subsidiary of Expedia Group, Inc. (“Expedia”) in the United States. HomeAway provides an on-line platform and various tools, services, and functions which enable property owners to list property and travellers to book such property (together the “Services”). Services are provided via country specific URL’s, including, through the site www.homeaway.co.uk or HomeAway’s platforms or systems, and also via mobile applications (for mobile phone, tablet and other devices or interfaces) (collectively, the "Site"). Booking payments conducted through the Site (the “Payment Services”) are handled by third party payment providers and/or HomeAway Sàrl, of 53, Merrion Square South, Dublin 2, D02 PR63, Ireland, or by other HomeAway Group (as defined below) affiliates depending on the currency (“HomeAway Payments”) provided along with third-party payment services providers. For the purposes of convenience of definition (but not otherwise) where we use the term “HomeAway Group” in these terms and conditions we are referring to Expedia, HomeAway and each of their subsidiary and affiliate companies.

1.2 These terms and conditions (the “Traveller T&Cs”) govern the relationship between HomeAway and any individual using or accessing the Site and any of the content or services available through it as a traveller or potential traveller, and who is not using it in his/her/its capacity as a property owner or property manager (each, a “Traveller” or “you”). Travellers include people who use the Site to access information about and to book properties, whether for business or leisure purposes, from property owners or property managers. Bookings of holiday rental properties through the Site are governed by these Traveller T&C’s, whereas bookings of hotel rooms through the Site are governed by Expedia Partner Solutions T&Cs.

1.3 A Traveller’s booking through or use of a HomeAway site is governed by the terms and conditions on the HomeAway site through which the booking is finalised (and not necessarily the HomeAway site on which the Property was originally listed). If there are any conflicts between the terms and conditions of the HomeAway site you found the Property on and the terms and conditions of the HomeAway site you finalise a booking through, the terms and conditions of the HomeAway site where the booking is finalised will govern and prevail. If you do not fully agree to the Traveller T&Cs, you are not authorised to access or otherwise use the Site.

1.4 HomeAway does not authorise anyone to register with this Site unless they are able to enter into legally binding contracts. As a consequence, the Services may only be used by persons aged 18 and over.

1.5 Some sections or functionality of the Site may be restricted to those Travellers who have created an account with us and are logged into that account. HomeAway may allow Travellers to use compatible third party authentication providers to log in or register on HomeAway, rather than using an email and password. Regardless of how Traveller logs in, Traveller is responsible for all activities that take place under its account and must safeguard the account password. Traveller will immediately notify HomeAway of any unauthorized use of Traveller's account.

1.6 HomeAway may revise these Traveller T&Cs from time to time for reasons such as a technical development, a change in business operations, new or amended or discontinued products or features, or due to a change in applicable laws. You will be provided with 15 days’ notice in advance of any changes to any of the terms of these Traveller T&Cs or our decision to terminate these Traveller T&Cs. We will inform you of such changes or termination via the email address you provided to HomeAway. You should visit this page periodically to view the most current Traveller T&Cs because they are binding on you.

1.7 HomeAway may ask you to provide it with personal information directly. For example, HomeAway may ask you to provide your contact details such as full name, telephone number and email address, in order to enable certain functionality, like your Property booking. For more information about the personal data we collect and your rights, please read our Privacy Policy and Cookie Policy. If you have provided your phone number, note that, according to your local regulations, you may have a right to register on an opposition list. For example in the United Kingdom, you can register on the TPS or CTPS Do-Not-Call lists.

 

2. The Basics

2.1 This Site is a place where Travellers can view listings of, and obtain information about, properties offered for rent (“Properties”) by others, including property owners, lessees and managers, (each, a “Partner” and collectively with a Traveller, the “users”). We may also offer other tools or services to allow users to communicate with each other and to enter into rental agreements or other transactions with each other.

2.2 The Site acts only as a venue for users to interact with each other. Rental contracts are concluded only between the Traveller and the Partner. HomeAway is not, and does not become, a party to any contractual relationship between the Traveller and the Partner and does not mediate between the Traveller and the Partner in the event of any dispute arising between them. You acknowledge and agree that the Traveller and the Partner will be responsible for performing the obligations of any such agreements, between the Traveller and the Partner, that HomeAway is not a party to such agreements, is not acting as an agent on behalf of Partners and disclaims all liability arising from or related to any such agreements. This is true even if the Site facilitates a booking for 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 Partners, and the Partners are not considered as HomeAway’s service providers HomeAway is not an organiser or retailer of travel packages under Directive (EU) 2015/2302. 

2.3 Partners may be either individual property owners acting on a consumer to consumer basis, or property managers operating on a business to consumer basis. If you enter into a rental agreement with an individual property owner on a consumer to consumer basis, please be aware that consumer law will not apply in relation to your contract with the individual property owner. The Partner is solely responsible for determining whether or not they are operating as a consumer or a business and for any representations they make to Travellers with respect to their status.

2.4 Travellers are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into either on the Site or in connection with their use of the Site. Travellers should please note that Partners are responsible for and agree to abide by all laws, rules and regulations applicable to the listing and rental of their Property and to the conduct of their rental property business. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to any Property Listed on the Site, there may be circumstances where we are nevertheless obligated to provide information relating to any listing in order to comply with governmental or regulatory bodies investigations, litigation or administrative proceedings.

2.5 HomeAway charges a service fee payable by Travellers who book a Property on the Site via the Site checkout (the “Service Fee”). The service fee covers the use of the Site, including such features as 24/7 support, and is calculated as a percentage of the total rental amount (which may include additional fees and damage deposits charged by the Partner). Depending on the laws of the jurisdiction where the Traveller and/or Partner resides, the service fee may be subject to (or may include) VAT, Stay Taxes (as detailed in section 2.8), or any other equivalent indirect taxes that are applicable. Partners agree not to encourage or advise a Traveller to avoid or circumvent the service fee charged by HomeAway, and Traveller agrees not to avoid or circumvent the service fee.

2.6 HomeAway may be required to collect and remit taxes (inclusive of VAT, sales taxes, or other equivalent taxes) on the Service Fee. Where required, HomeAway will provide the Traveller with an invoice stating the amount of taxes charged on such Service Fee. If the Traveller is entitled to an exemption from indirect taxes or their equivalent on the Service Fee, it must provide HomeAway with required documentation and support for such exemption.

2.7 If the Traveller is a business traveller that is VAT registered or an employee of a company that will reimburse VAT charged, it must provide HomeAway with the valid VAT number and its related billing address, in order for HomeAway to apply the reverse charge mechanism, where applicable, to the Service Fee. If the Traveller has a billing address in the UK, the reverse charge mechanism is not applicable, and a UK VAT charge will apply.

2.8 Collection and remittance of the Stay Tax: Travellers are liable for the payment of Stay Tax (as defined below). The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Rental Amount set by Partners, a set amount per day, amount based on number of guests, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Stay Taxes"). In certain jurisdictions, such as France, only Travellers aged 18 and over are liable for the payment of Stay Tax. Other exceptions to the payment of the Stay Tax might apply, in such event the Traveller shall claim a refund to the relevant local authority in charge of collecting the Stay Tax. In certain jurisdictions, where the law authorizes this, HomeAway may directly collect and remit the Stay Tax on behalf of the Partners. In such case, the Partners will have no action to take regarding the collection from the Travellers and the remittance to the city of this Stay Tax. In any jurisdictions in which such process will be implemented, Partner hereby instructs and authorizes HomeAway to collect the Stay Tax from the Travellers on their behalf and to proceed to the relevant tax filing requirements before the City, including its remittance. In application of Law 2017-1775 dated as of 28th December 2017, Stay Tax in France will be progressively collected by HomeAway in relation to bookings made for vacation rentals located in all French cities having implemented a stay tax (“taxe de séjour au réel”) collection and remittance.

2.9 The Site is made up of Property Listings provided by Partners and content from other third parties. Such content is the responsibility of the Partner or third party creator of the content. We have no responsibility for such content as we are merely providing access to the content as a service to you and providing you with the facility to communicate directly with the Partner to enquire about a Property and make bookings with the Partner for the rental of such Property. All bookings you make are made directly with the Partner and your contract will be only with the Partner. Any such contract will govern your right to occupy and use the Property and may contain obligations to pay additional fees and taxes. HomeAway is not a party to any such contract and HomeAway has no liability to you for the Partner’s provision of the Property. We do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information in the Listings on the Site or any opinions/content posted by third parties. Further to clause 10, and in application of the webhosting status, HomeAway will remove the content if it becomes aware or is put on notice that the content is illegal.

3. Property Listings and Interaction with Partners

3.1 Please note that Partners 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.

3.2 If a Traveller finds a Property of interest, an information request can be sent to the Partner (an “Enquiry” or “Enquiries”). We may offer different email newsletters from time to time intended to enhance the services we offer. Travellers have the choice whether or not to receive marketing email communications from HomeAway, and may cancel their subscription to these email newsletters at any time through the Communications Preference Centre, although it may take a short while for the changes in preferences to become effective.

3.3 The Traveller will receive a confirmation from HomeAway once an Enquiry has been sent to the Partner.

3.4 The Partner may then communicate with the Traveller directly in connection with the Enquiry and Travellers and Partners may also communicate with each other via the Site (and via other tools on the HomeAway platform).

3.5 Where a Partner has enabled online bookings, Traveller will be able to make a booking online, which shall be approved or declined by the Partner within 24 hours, except in the case where the Partner has authorized instant booking. For online payment, a Traveller whose booking was confirmed by the Partner will be able to pay with their credit card or other alternative forms of payment where available through the payments gateway offered by our third party payment provider and/or HomeAway Payments supported by a third-party payment service provider. The online payment service is subject to the terms and conditions of the third party payment provider and/or, in the case of HomeAway Payments, the Accommodation Fee Collection Agreement and Traveller agrees and acknowledges that (with exception of HomeAway Payments’ obligations pursuant to the Accommodation Collection Fee Agreement) HomeAway has no control over or any responsibility for this service. 3.6 Communications between Travellers and Partners using the HomeAway platform must not include email addresses or phone numbers. Please be aware that any communication on the Site (or through the HomeAway platform) will be available for viewing by HomeAway employees and representatives in order to comply with its obligations due to its webhosting status and to monitor for compliance with the Traveller T&Cs.

3.7 Partners and Travellers are solely responsible for the content of their communications between each other.

 

4. Ranking and Appearance in Search Results

HomeAway cannot guarantee that any Listing will appear in any specific order in search results on a Site. Search order will fluctuate automatically depending on filters used by travellers, traveller preferences, as well as Partners' “Ranking” which may consist of the attributes of the property and, the quality of the experience provided Attributes of a property are evaluated based on a variety of factors such as traveller feedback, amenities, and the location of a property. The quality of the experience is based on a variety of factors such as calendar accuracy, Partner response times and booking acceptance, online booking and online payments capability, rate consistency, Partner cancellation rate and quality stay experience.  If a listing is placed on a subscription basis, search results may also vary depending on the search criteria used by a particular Traveller. Certain new listings may be displayed in specific slots on the first page.  HomeAway reserves the right to apply automatically various search algorithms or to use methods to optimize Ranking results for particular Travellers’ experiences and the overall marketplace. Listings distributed on third party sites are not guaranteed to display on such third party site in any particular order or at all. Search results and order may appear different on HomeAway’s mobile application than they appear on its website. To optimize the search experience for both Partners and Travellers and improve the Ranking Process, HomeAway retains the right to run occasional tests that will be limited in duration but may alter how we display Listings and search results.


5. Registration and establishing an Account

5.1 Should Travellers wish to use all services available to them on the Site, they must register with the Site. HomeAway does not authorise anyone to register with the 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”).

5.2 To obtain an Account, a Traveller must follow all the instructions given by HomeAway during the registration process. A Traveller can sign up for an Account using a personal email address or alternatively can sign up using the email address and name used for those third party authentication providers compatible with HomeAway registration.

5.3 The Traveller’s Account includes information which may be made publicly available to other users of the Site. An Account includes, amongst other things: 

  • a dedicated page, known as “My profile” page, on which the Traveller’s profile name will be listed as a mandatory field. Other personal and travel information are optional, at the discretion of the Traveller;
  • the ability to create a trip board for saving, organizing and sharing property information;
  • the ability to place reviews of rented Properties;
  • the ability to link Traveller’s third-party authentication providers account. By logging in or linking an Account with such third party authentication providers, the Traveller agrees to transfer their email address and name used by such third party authentication providers; and
  • a link to Partner Reviews (as defined below).

5.4 Tax regulations may require us to collect appropriate Tax information from Travellers. Traveller is responsible to ensure all information provided is accurate, complete and kept up-to-date.

5.5 Travellers can deactivate their Account at any time and they can also unlink their Account and public page from such third party authentication providers at any time. Travellers can unlink their Accounts by going directly to their Travellers profile settings page. You understand and accept that even if you deactivate your Account data could be retained by HomeAway Group. You also understand and accept that data relating to your transactions with HomeAway Group could have been transmitted to and remain on other sites, for example Google if Google search engine technology has copied content from HomeAway Group’s sites or systems. For further information about your privacy rights (such as deletion or access), please see our Privacy Policy.

5.6 HomeAway also uses Google Analytics to gather statistics on Site usage. There are more details in the Privacy Policy and Cookie Policy 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. You understand and accept that the HomeAway Group has no control over Google’s data collection.


6. Rights and obligations of HomeAway

6.1 HomeAway will endeavour to reproduce accurately on the Site any photographs supplied by Partner. However, Traveller acknowledges that deviations from original photos can occur when scanning non-digital images, due to individual screen settings and that HomeAway shall have no responsibility or liability for any such deviation.

6.2 Further, you also acknowledge that Partners and not HomeAway are responsible for the accuracy with which the photos and descriptions depict the relevant Property.

6.3 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 Travellers and Partners to communicate directly with each other through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage Travellers to take other reasonable measures to assure yourself of the Partners identity and of the property and relevant details of your booking or proposed booking. You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorised users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorised person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorised person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorised access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. 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 with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed and that HomeAway will have no liability to you in any such event.

6.4 You acknowledge that HomeAway is not responsible for checking the identity, or for the behaviour, of Partners or for establishing the nature, condition or existence of a Property.

6.5 HomeAway reserves the right to transfer these Traveller T&Cs, and to assign or subcontract any or all of its rights and obligations under these Traveller T&Cs, to a third party or to any other entity belonging to the HomeAway Group, but will not do so in such a way as to reduce any guarantees you are given under these Traveller T&Cs.

 

7. Intellectual Property

7.1 All content that appears on the Site 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.

7.2 Travellers are permitted to download, display or print individual pages of the Site to evidence any agreement with HomeAway and to retain a copy of their bookings. The relevant file or the relevant printout must clearly bear the text “© Copyright 2019 HomeAway - All Rights Reserved”.

7.3 Where a Traveller submits to or transmits through the Site (or HomeAway’s platform or systems) any content of any type, including text or images, the Traveller undertakes that he/she has the legal rights to do so.

7.4 To the extent that Travellers’ reviews or other content may contain trademarks or other proprietary names or marks, Travellers undertake that they have the right to use such names or marks.

7.5 By submitting Content to the Site, the Traveller, although retaining all their ownership rights in the Content, grants HomeAway, Expedia, HomeAway Group and their affiliates and affiliated companies, for the duration of the legal protection of rights in the Content, and progressively for the duration of their publication on the Site or other media pursuant to this agreement, a non-exclusive, worldwide license of their intellectual property rights, including but not limited to copyright and trademark rights, in the Content for the Authorised Purposes as defined and set forth below. To the extent applicable and permitted by law, Traveller waives moral rights or grants a non-exclusive, royalty-free, transferable, and irrevocable license to HomeAway Group to use Traveller’s moral rights in any Content.

i) “Content” means all text, descriptions, reviews, photographs, images and any other content that the Traveller submits to the Site.

ii) “Rights granted” consist of the following: a non-exclusive, royalty-free, transferable, irrevocable license for the duration of their publication of Content on the Site or other media pursuant to this agreement, to reproduce, translate, distribute, publish, publicly display and perform the Content worldwide.

iii) “Authorized Purposes” consist of reproducing, translating, distributing, publishing, publicly displaying, and performing the Content on the Site, on the websites, and in the marketing materials and efforts of HomeAway, Expedia, and their affiliates and affiliated companies for the purposes of listing, promoting, and marketing the Property themselves and on third parties’ websites, and supporting the fulfilment of the any agreements between Expedia, HomeAway, and/or their affiliates or affiliated companies.

 

8. Travellers’ Accounts, Communications and Reviews

8.1 Travellers must provide only accurate and truthful information concerning their identity, including country of residence, in their Accounts and profile pages, and any other communications on the Site, including reviews of Properties.

8.2 Messages sent via HomeAway’s systems should only relate to genuine booking Enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse HomeAway’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. E-mails and Site recommendations transmitted via the “Recommend this Site” function should only be sent with the recipient’s consent.

8.3 Travellers who have booked through the Site may post their reviews of Partners’ Properties (“Traveller Reviews”) on the Site. The Partner is given the opportunity to view Traveller Reviews, and to respond to them. More detail about Traveller Reviews and Partner Reviews is available here. Partners will also be given the opportunity to rate the Traveller’s stay (“Partner Review(s)”) and that Partner Reviews will be made available to Partners who you make contact with. Partner Reviews cannot be used to exclude or discriminate against individuals. Once either the Traveller or Partner submit a review, the other has 14 days to submit a review. In application of the webhosting status, HomeAway shall remove the Content if it becomes aware or is put on notice that the Content is illegal. Further, after prior notice provided to the Traveller, HomeAway may decline to post Contents or may remove any Content that do not comply with Content Guidelines.

HomeAway otherwise expressly disclaims any liability for any Traveller or Partner Review, subject to its obligations pursuant to its webhosting status (for instance, deletion of content notified as being illegal). Traveller acknowledges and agrees HomeAway may make such Partner Review available to other Partners who the Traveller contacts through the Site. More detail as to the Partner Review process is available here

8.4 Please note that HomeAway does not, and realistically does not have the ability to verify the accuracy or otherwise of Traveller Reviews, Partner Responses or Partner Reviews.

8.5 HomeAway nevertheless requires all Traveller Reviews, Partner Responses, Partner Reviews and other communications using HomeAway’s systems to conform to the Content Guidelines, and may decline to post any of them that do not comply. HomeAway will not edit or otherwise modify reviews on a Traveller or Partner’s behalf. A Traveller or Partner may contact Customer Service to remove their published review. HomeAway will first notify the user of the reasons why the content has not been displayed or has been removed from the website and the user may send his comments to HomeAway, if any.

Traveller agrees to comply with any applicable export and/or embargo laws. Further, the Traveller holds that they are not on the US Government list of prohibited parties and represents that they are of the applicable legal age to contract with HomeAway.

8.6 HomeAway does not generally conduct identity checks. If Travellers suspect that the Partner has supplied false information, they are invited to notify HomeAway through the Help page.

8.7 HomeAway complies with its Privacy Policy. Further details can be obtained from the Privacy Policy. The Traveller consents to the use of his data as outlined in the Privacy Policy. Traveller should note, Partners have generally authorised HomeAway to forward the Partner’s contact details, including telephone number, to Traveller in connection with a Property booking. Traveller may ask for these details to be supplied on production of proof of the booking; alternatively, these details may be made available to Traveller through their Accounts.


9. Prohibitions

The Traveller shall not directly or indirectly:

  • 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;
  • monitor content on the Site or HomeAway’s platform or systems 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 adverts for properties available for booking, or any subset of the same or which is in the business of providing services that compete with the 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;
  • use the Site or HomeAway’s platform or systems for purposes other than those referred to in these Traveller T&Cs;
  • 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;
  • 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;
  • upload or send to the Site (or HomeAway’s platform or systems) any contents or programs, which on account of their size or nature, might damage HomeAway’s computers or networks;
  • include content on the Site (or HomeAway’s platform or systems) that breaches any applicable criminal or other laws, or encourages any such breach;
  • 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);
  • 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;
  • post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or
  • refer to HomeAway or any member of the HomeAway Group in any way that might lead someone to believe that the Traveller or any website is sponsored by, affiliated with, or endorsed by HomeAway or any member of the HomeAway Group.

 

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 Partners, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything libellous, slanderous or defamatory, anything that infringes copyright, data protection law or the Content Guidelines. HomeAway may review any data on the Site or HomeAway’s platform or systems and delete it or alter it when it is no longer accurate or up-to-date. Without prejudice to any other available remedies, HomeAway 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, without prejudice to HomeAway’s obligations in application of its webhosting status. The user will be promptly notified of the reasons why those measures have been taken and he may send any comments to HomeAway.

 

11.  Notifications of Infringement of Intellectual Property

11.1 HomeAway.com, Inc. respects the intellectual property rights of others and expects Travellers to do the same. HomeAway has and enforces a policy of not permitting users to post any materials that infringe the copyrights or trademark rights of others, and under appropriate circumstances HomeAway will terminate the account of subscribers and account holders who are repeat infringers. Repeat postings of infringing material are cause for termination of service.

11.2 Pursuant to the Digital Millennium Copyright Act (in the US), the E-Commerce Directive (in the EU), and similar laws relating to copyrighted online content, if you believe your copyrighted work is being infringed on or through the Site, please complete a written Notice of Alleged Infringement (the “Notice”) and deliver it to HomeAway’s Designated Copyright Agent listed below. Upon receipt of a Notice, HomeAway will take appropriate action, including removal of the challenged material from the Site and/or termination of the account of the HomeAway user in appropriate circumstances.

Please include in the Notice:

 

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  1. Identification of the images or material that is allegedly infringing your copyrighted work or is the subject of infringing activity and that you believe should be removed, with sufficient information to enable HomeAway to locate the specific images or material.
  1. Your contact information, including your name, address, telephone number, and, if available, an email address at which you may be contacted.
  1. The following statement: I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  1. The following statement: The information in this Notice is accurate, and, under penalty of perjury, I declare that (choose one) (i) I am the owner or (ii) I am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
  1. And a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

 

Deliver the Notice to HomeAway’s Designated Copyright Agent:

Michael R. Graham

c/o Expedia, Inc.

Legal Department – Copyrights

333 108th Avenue NE

Bellevue, Washington 98004

United States of America

Email: HA-Copyright@expedia.com

Telephone: 425-679-7200

 

11.3 If you believe the Site or a Listing is infringing or misusing your Trademark, please complete a written Notice of Alleged Trademark Infringement and deliver it to HomeAway’s Trademark Agent listed below. Upon receipt of a Notice, HomeAway will take appropriate action, including informing the Partner that posted the allegedly infringing use of the Complaint with a request to consider and respond to the Complaint, removal of clearly infringing designations from the listing or Site and/or termination of the account of the HomeAway user in appropriate circumstances.

Please include in the Notice:

 

  1. Identification of the Trademark claimed to have been infringed.
  1. Identification of the Site or listings on which the Trademark is allegedly being misused.
  1. Your contact information, including your name, address, telephone number, and, if available, an email address at which you may be contacted.
  1. The following statement: I have a good faith belief that use of the above designation in the manner complained of is not authorized nor permissible.
  1. The following statement: The information in this Notice is accurate, and, under penalty of perjury, I declare that (choose one) (i) I am the owner or (ii) I am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
  1. And a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

 

Deliver the Notice to:

Trademark Claims

c/o Expedia, Inc.

Legal Department

333 108th Avenue NE

Bellevue, Washington 98004

United States of America

Email: HA-Trademarks@expedia.com

Telephone: 425-679-7200


12. Liability of HomeAway

12.1 The Site is merely a venue allowing you to view Properties listed on the Site, communicate with Partners in respect of any queries or questions you may have, or to make a booking with a Partner for the rental of a Property. We accept no liability in relation to any contract you enter into with a Partner or for any Property you book, except to the extent that we collect tax information and/or Stay taxes on the Partner’s behalf, nor do we accept liability for the acts or omissions of any Partners or other person(s) or party(ies) connected with the Property. For all Properties, your contract will be with the Partner and their terms and conditions will apply to your booking. These terms and conditions may limit and/or exclude their liability to you and you are advised to read them carefully before making a booking. 

12.2 We do not provide liability insurance protection for Partners, property managers, or Travellers; regardless of whether a user obtains insurance coverage through one of our third party providers. Travellers are advised to obtain suitable travel insurance to cover their booking for the Property from a Partner, including in the event they have to cancel their booking. It is the Traveller’s responsibility to ensure that the insurance it purchases is adequate and appropriate for the Traveller’s particular needs.

12.3 As a consumer you have certain rights (including that, for services, we will provide them using reasonable care and skill). Nothing in these Traveller T&Cs will affect your legal rights. For details information on your legal rights please visit the Citizens Advice Website www.adviceguide.org.uk or call 0345 404 05 06.

12.4 HomeAway, as hosting provider, will be liable in the event of HomeAway’s fault. HomeAway is liable for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these terms were entered into, both we and you knew it might happen, for example if you discussed it with us.

12.5 HomeAway will not be liable, in case of any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, notably including reasonable legal fees, (“Claims”), brought or occasioned by third parties alleging, arising out of, or in connection with: (a) any material or content you provide to the Site; (b) your use of any content on the Site; (c) any breach by you of these Traveller T&Cs; or (d) your use of the Property. HomeAway will promptly provide notice to you of any such Claims. If you are dissatisfied with the Site (or the HomeAway platform or systems) or you do not agree with any part of these Traveller T&Cs, then your sole and exclusive remedy against HomeAway is to discontinue using the Site. Nothing in these Traveller T&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.

12.6 Refunds will be processed immediately, however the timing to receive any refund will vary based on the payment method and any applicable payment system. Refunds are processed in the currency of the original payment. Any currency conversion will be done by the relevant bank using their current exchange rate which may be different to the exchange rate used when you originally paid. In addition, bank charges incurred by the Traveller during the booking process or as part of the refund process may be deducted by the bank from the refunded amount and in such cases will not be refunded by HomeAway.

 

13. Miscellaneous

13.1 These Traveller T&Cs shall be governed by the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts, without prejudice to the applicable law and jurisdiction of the courts where the Traveller is resident (should the Traveller be a consumer). By way of illustration, mandatory provisions of French Law will apply and French courts will have jurisdiction for Travellers who are residents in France.

13.2 HomeAway recommends that you save your own copy of these Traveller T&Cs in a separate file on your device or in print-out form.

13.3 HomeAway’s failure to act with respect to a breach of these Traveller T&Cs by the Traveller or others does not waive HomeAway’s right to act with respect to subsequent or similar breaches.

13.4 The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Traveller T&Cs.

13.5 In the event of a dispute between You and HomeAway, You may use a conventional mediation procedure or any other alternative dispute resolution method as defined by law. The mediator on which HomeAway depends is Resolver Online Dispute Resolution (ODR). After having submitted a written request to HomeAway, and in the absence of a satisfactory response from HomeAway within 60 days, You may submit Your dispute to the mediator under the conditions set out on the mediator's website. You can contact the ODR platform at  https://www.resolver.co.uk/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved. 

 

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