(1) The www.holidaynoticeboard.com website, and any mobile application for the website (the “Site”) is owned and operated by Holiday Noticeboard Ltd, 4 Adams Court, Adams Hill, Knutsford, Cheshire, WA16 6BA, UK (“Holiday Noticeboard” , “we” , “us” or “our”).
(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) Holiday Noticeboard does not authorise anyone to register with this site unless they are able to enter into legally binding contracts.
(6) Holiday Noticeboard 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 Holiday Noticeboard’s discretion.
(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 Holiday Noticeboard 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 Holiday Noticeboard is not a party to any rental or other agreement between Travellers and Owners.
(1) Owners can agree with the Holiday Noticeboard 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 Holiday Noticeboard the fees for the relevant Listing (“Listing Fees”). By submitting an order form the Owner warrants that all of the information they have provided to Holiday Noticeboard is accurate and complies with the Listing Terms set out in clause 4 below.
(3) Listings sold by Holiday Noticeboard 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). The Listing term of a Listing purchased during a promotional period will be defined by the promotion at the time of submission.
(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 Holiday Noticeboard 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 Holiday Noticeboard can be made by direct debit, bank transfer, credit card payment or any other method authorised in advance by Holiday Noticeboard. 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) 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 Holiday Noticeboard, but are only available if applied for by the Owner by contacting Holiday Noticeboard 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 Holiday Noticeboard may require in relation to the completion of the Listing.
(7) 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, Holiday Noticeboard may in its discretion permit the Listing Term to continue until fifteen (15) months after the Purchase Date for that Listing.
(8) 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.
(9) Holiday Noticeboard reserves the right to decline to place any Listing that appears, in Holiday Noticeboard’s discretion, to be capable of infringing, or be associated with the infringement of, any provision of these Owner Ts & Cs.
(10) 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.
(1) The Owner warrants that all of the information provided to Holiday Noticeboard 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) As an additional precautionary measure, Holiday Noticeboard have implemented a “Verified Listing” process. When The Owner pays for their listing, Holiday Noticeboard issue a physical verification postcard. This card is sent to the Property address (not the correspondence address) and carries a 5 digit code, unique only to that Property. The Owner has to retrieve this code and enter it on their dashboard, thus verifying ownership of the property. If The Owner has more than one property listed on Holiday Noticeboard then The Owner will have to repeat this process for each listing. Whether a property is verified or not is visible to the Travellers when using the site. An unverified property will still visible on the site for users to engage with as normal.
(3) 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.
(4) 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 may be filtered out of results.
(5) 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.
(6) 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.
(7) 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. Though Holiday Noticeboard have implemented a verification process to, offer peace of mind to our owners and users alike, we assume no responsibility of the reliability of a “verified” property listing with regards to 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.
(8) If any Listing is in breach of these Listings Terms, Holiday Noticeboard 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.
(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 Holiday Noticeboard (including affiliates in other countries) (collectively, “Holiday Noticeboard Affiliates”). The availability of search snippets, and the inclusion of Property photos in them, on such Holiday Noticeboard Affiliate websites is dependent on the availability of the relevant functionality on those websites.
(4) Property search snippets are searched and displayed based on Holiday Noticeboard’s sort algorithm. Travellers can also search Listings according to various criteria, such as:
• The number of sleeping rooms
• The pricing
• Special offers
(5) Holiday Noticeboard 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. Holiday Noticeboard 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) Holiday Noticeboard 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 Holiday Noticeboard 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.
(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 Holiday Noticeboard does not undertake that the Dashboard or its functions will be complete or error-free.
(3) 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.
(1) Enquiries sent using the Holiday Noticeboard system are available for review by the Traveller who originally sent it and to a limited number of Holiday Noticeboard customer service employees, who may be asked by Travellers or others for their past enquiry information. Holiday Noticeboard also monitors messages from time to time which are sent using Holiday Noticeboard platform or systems. Holiday Noticeboard 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. Holiday Noticeboard’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 Holiday Noticeboard 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) Holiday Noticeboard has no responsibility for, or involvement in, the communications between the Owner and Traveller.
Holiday Noticeboard 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:
(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 relevant featured property areas. 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 Holiday Noticeboard’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, Holiday Noticeboard also provides the possibility of having the Listing translated by a professional translation agency at an additional cost.
(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.
(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.
(1) The Owner shall not directly or indirectly:
a. With respect to the Site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
b. Monitor content on the site 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 Holiday Noticeboard) 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 Holiday Noticeboard’s robots.txt file;
c. Use the site or Holiday Noticeboard’s platform or systems for purposes other than those referred to in these Owner Ts&Cs;
d. Use the site or the tools and services on the site for the purpose of booking or soliciting a rental for a property other than a Property under a valid Listing;
e. reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;
f. Upload or send to the site any content or programs, which on account of their size or nature, might damage Holiday Noticeboard’s computers or networks;
g. Include content on the site or Holiday Noticeboard’s platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;
h. Use or access the site or Holiday Noticeboard’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);
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, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
k. Refer to Holiday Noticeboard or any Holiday Noticeboard 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 Holiday Noticeboard or any Holiday Noticeboard Affiliate; or
l. Substitute a Property in a Listing for another Property without the prior consent of Holiday Noticeboard. Prohibited substitution activities include:
a. multi-unit listing: use of one Listing to promote more than one property available in a building;
b. Substitution: changing the Property which is displayed in a Listing as that Property becomes booked; and
c. 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, Holiday Noticeboard 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.
If Holiday Noticeboard determines, or an allegation is made, that:
a. Listings or other content associated with an Owner contain any material that infringes the Content Guidelines, the law, applicable regulations or the rights of any person or entity;
b. an Owner has submitted unsuitable material to, or misused, the site;
c. an Owner’s listing or rental practices are unacceptable or unfair (for example, and without limitation, if an Owner double-books a Property for multiple travellers on the same date, or engages in any practice that would be considered unfair or improper within the holiday rental industry);
d. the Owner is in material breach of these Owner Ts&Cs (which shall include, for the avoidance of doubt, any breach of clause 4 ‘Listing Terms’ or clause 11 ‘Prohibitions’) any other obligations owed to Holiday Noticeboard, any Holiday Noticeboard Affiliate or Traveller;
e. an Owner has been is abusive or offensive to any employee or representative of Holiday Noticeboard;
f. an Owner uses a false identity;
g. Holiday Noticeboard’s systems or communications platforms have been otherwise misused; or
h. anything similar to the foregoing has occurred in relation to any of Holiday Noticeboard Affiliates, then Holiday Noticeboard 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 Holiday Noticeboard assumes no duty to investigate complaints.
(1) Holiday Noticeboard 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) Holiday Noticeboard 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 Holiday Noticeboard. However, Owners acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
(3) Holiday Noticeboard 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. Holiday Noticeboard 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) Holiday Noticeboard may conduct identity checks and ask for proof to establish the existence of a Property and/or an Owner and ownership. If Holiday Noticeboard – including as a result of information provided by Travellers - suspects that the Owner has supplied false information, the Owner acknowledges that Holiday Noticeboard 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 Holiday Noticeboard) to supply to Holiday Noticeboard such proof of identity or of a Property’s existence as Holiday Noticeboard requests. Each Owner acknowledges that failure to comply with any such request constitutes a breach of these Owner Ts&Cs.
(1) All content that appears on this site, and the Site itself, is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
(2) Owners are permitted to download, display or print individual pages of the Site to evidence their agreement with Holiday Noticeboard. The relevant file or the relevant printout must clearly bear the text “© Copyright 2014 – Present Holiday Noticeboard Ltd - All Rights Reserved”.
(1) The Owner shall submit truthful particulars about his/her personal identity, payment data, Property offered in Listings and other communications using Holiday Noticeboard 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. Holiday Noticeboard 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 Holiday Noticeboard of the situation by email to firstname.lastname@example.org. Should any Owners notice that their account is being used by an unauthorised third party, they should immediately report the matter to Holiday Noticeboard by email to email@example.com 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) Holiday Noticeboard 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.
(1) Where an Owner submits to or transmits through the site or Holiday Noticeboard’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 Holiday Noticeboard and each of its Holiday Noticeboard 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.
Owner agrees to defend, indemnify and hold harmless Holiday Noticeboard and each Holiday Noticeboard 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 Holiday Noticeboard or any Holiday Noticeboard 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.
(1) Any messages should be sent to Holiday Noticeboard using the contact form or Holiday Noticeboard’s platform or by post.
(2) Notices regarding infringements of copyright must specify the following:
a. Your address, telephone number and email;
b. Detailed information about the content concerned (display of the image or text), including a link to the site; and
c. A formal declaration showing that you;
i. Are the holder of the exclusive user right to the work;
ii. Have not authorised the use of the relevant material in this form.
In no event will Holiday Noticeboard 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 Holiday Noticeboard 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 Holiday Noticeboard’s platform or systems, or you do not agree with any part of these Owner Ts & Cs, then your sole and exclusive remedy against Holiday Noticeboard is to discontinue using the site. In all events, our liability, and the liability of Holiday Noticeboard, 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) £50.00 in the aggregate. Nothing in these Owner Ts & Cs shall exclude or restrict Holiday Noticeboard’s liability for death or personal injury resulting from its negligence; nor for Holiday Noticeboard’s fraud or fraudulent misrepresentation.
(2) Holiday Noticeboard 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. The Owner should check back periodically to ensure they are referring to the most recent version of these Owner Ts&Cs.
No user of this website may contribute any content (including, but not limited to property listings, reviews and responses) which violate the following guidelines:
If you see a listing that does not conform to the above guidelines, please contact Customer Support. We will investigate any reported listings and immediately remove any content that we deem to be violation of our guidelines.
These Content Guidelines were last updated on 1st March 2015.
General Terms and Conditions for Holiday Makers using Holiday Noticeboard
These terms and conditions (the "Holiday Makers Ts&Cs") govern the relationship between Holiday Noticeboard Ltd, 4 Adams Court, Adams Hill, Knutsford, Cheshire, WA16 6BA, 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 (“Holiday Makers”). Holiday Makers include people who use the site to access information about, or to rent, properties.
The Holiday Maker Ts&Cs constitute a legally binding agreement between the Provider and the Holiday Maker.
By using or accessing this site, you agree to the Holiday Makers Ts&Cs.
The Provider does not authorize anyone to register with this site unless they are able to enter legally binding contracts.
This site is a place where Holiday Makers 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.
The Provider is not, and does not become, party to any contractual relationship between the Holiday Maker and the Owner, and does not mediate between the Holiday Maker and the Owner in the event of any dispute arising between them. The site is a venue for Owners and Holiday Makers to interact.
Property Listing and Interaction with Owners
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.
If Holiday Makers 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.
The Holiday Maker receives a confirmation from Provider, once an inquiry has been sent to Owner.
The Owner may then communicate with the Holiday Maker in connection with the inquiry.
The Provider has no responsibility for, or involvement in, the communication between the Owner and Holiday Maker.
The Provider has made reasonable efforts to verify the Owner of a listed property by the means of a postal verification process. Though we have taken this measure to reduce the risk of fraudulent activity, the responsibility for any transfer of funds or deposits is handled directly between the Holiday Maker and the Owner. A verified listing is in no way a guarantee for the Holiday Maker whilst using Holiday Noticeboard.
Rights and Obligations of the Provider
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, Holiday Makers acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
Further, Holiday Makers also acknowledge that Owners - and not the Provider - are responsible for the accuracy with which the photos depict the relevant Property.
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 Holiday Makers' usage is least affected.
The Provider offers a messaging system, which may be used by the Owner and Holiday Maker for making contact with one another. Completed enquiry contact forms will be forwarded to the email provided by the Owner of the relevant Property. Holiday Makers acknowledge that unauthorised third parties may misuse the system and unlawfully intercept or read messages. The Provider is not liable for any such misuse.
Each Holiday Maker acknowledges that the Provider is not responsible for checking the identity, or for the behavior, of Owners or for establishing the nature, condition or existence of a Property.
The Provider reserves the right to transfer these Holiday Maker Ts&Cs, and to assign or subcontract any or all of its rights and obligations under these Holiday Maker 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 Holiday Maker under these Holiday Maker Ts&Cs.
Intellectual Property and Related
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.
Holiday Makers 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 "© 1999-2016 Holiday Noticeboard Ltd - All Rights Reserved".
Where a Holiday Maker submits to or transmits through the site any content of any type, including text or images, the Holiday Maker 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').
Holiday Makers’ Communications and Reviews
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).
The Provider does not generally conduct identity checks. If Holiday Makers suspect that the Owner has supplied false information, they are invited to notify the Provider through the contact form.
The Holiday Maker 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 Holiday Maker Ts&Cs on the part of the Holiday Maker.
The Holiday Maker 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 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;
Use the site for purposes other than those referred to in these Holiday Maker Ts&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 any contents or programs, which on account of their size or nature, might damage the Provider's computers or networks;
Include content on the site that breaches any applicable criminal or other laws, or encourages any such breach;
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);
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, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or
Refer to the Provider or any Provider Affiliate in any way that might lead someone to believe that the Holiday Maker or any website is sponsored by, affiliated with, or endorsed by the Provider or any Provider Affiliate.
Right To Delete Content
Holiday Makers are responsible for ensuring that their communications, and content posted, through or in connection with the site, including 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.
Messages are to be sent using the contact form or by ordinary post to Holiday Noticeboard Ltd, 4 Adams Court, Adams Hill, Knutsford, Cheshire, WA16 6BA.
Notification of copyright infringement must contain:
· Your postal address, telephone number and e-mail address
· Precise details about the content in question (insertion of the text or image) including a link to the website
· A signed declaration in lieu of an oath, which implies that you:
o Hold the exclusive rights to use the work
o Have not authorized the use of the material in question in this form.
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 Holiday Maker Ts&Cs, then your sole and exclusive remedy against the Provider is to discontinue using the site. Nothing in these Holiday Maker 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.
These Holiday Maker 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..
These Holiday Maker Ts&Cs contain the entire agreement between the Provider and Holiday Maker relating to their subject matter.
The Provider recommends that each Holiday Maker save his/her own copy of these Holiday Maker Ts&Cs in a separate file on its PC or in print-out form.
The Provider's failure to act with respect to a breach of these Holiday Maker Ts&Cs by the Holiday Maker or others does not waive the Provider's right to act with respect to subsequent or similar breaches.
The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Holiday Maker Ts&Cs.
The invalidity of one or more provisions of these Holiday Maker Ts&Cs shall not affect the validity of the other provisions.