Terms and conditions
Website Terms & Conditions
Access to this web site (the "Web Site") is subject to and in accordance with the following terms and conditions. Please read these terms and conditions carefully before using this site.
These terms and conditions are between ("we/us/our") and you (on behalf of yourself and/or the company, member, or supplier for which you have registered) the user of this Web Site ("you").
On accessing the Web Site on this occasion and on each subsequent occasion you will be deemed to have accepted all of the terms and conditions that apply to its use and to the facilities, services and information provided by it. We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of the Web Site after changes are posted on-line will constitute acceptance of the new terms and conditions.
1 Content of the web site
This Web Site, and any content contained on it, is for information purposes only. We do not warrant that any information contained in this web site is accurate, up to date or complete.
We do not accept any liability arising from any inaccuracy or omission in any of the information on this Web Site or any liability in respect of information on this Web Site supplied by you, any other user or any other person.
2 Registration and information submitted by you
In the event that it is necessary for you to register in order to view certain parts of this Web Site, you are obliged to provide accurate and complete registration information.
We reserve the right (and you hereby consent) to:
delete any information submitted by you from our databases and/or records; and block any information submitted by you which contains viruses or other potentially damaging material to the Web Site, our system, users of the Web Site or our employees.
3 Intellectual Property
You acknowledge that all trade marks, names and logos on the Web Site are the proprietary marks of us. To the extent that there are marks identifying third parties, these are owned or licence by those third parties and nothing in these terms and conditions in any way confers on you any licence or right under any trade marks, name or logos.
All rights, including copyright, in the content of this Web Site and in the photographs, diagrams or any other illustrations of our products displayed on it are owned or controlled by us.
You may not, without the prior written consent of us:
- copy, reproduce, modify, republish, adapt, alter or in any way commercially exploit any of the content of this Web Site
- redistribute any of the content of this Web Site
- remove the copyright or trade mark notice(s) from any copies of content made in accordance with these terms and conditions
You acknowledge and agree to be bound by the terms our privacy statement.
5 Links to web sites outside the control of us
This Web Site may contain links to other web sites, which are outside our control. We are not responsible for these third party web sites, or for their content. We are providing the link for your convenience and are not endorsing the third party's web site, products or services in any way. Using automatic links to gain access to such sites is entirely at your own risk.
We take all steps that we consider in our sole discretion necessary in order to provide you with a reliable service. We exclude, however, to the fullest extent permitted by law, any liability for the security or availability of the services on the Web Site or for any disruption of our web site however caused.
We provide the Web Site on an "as is" basis and make no warranties or representations of any kind as to the Web Site or its content. We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the content published on the Web Site. Any liability, however it occurs, for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Web Site and/or a breach of these terms and conditions.
We may terminate the provision of the Web Site or restrict your access to it without any prior notice to you.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at:
Getaway International Property and Travel/gipat.com
3 Anvil Court
All notices from us to you will be displayed on the Web Site from time to time.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11 Third Party Rights
A person who is not a party to these terms and conditions has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12 Governing Law
These terms and conditions are governed by and will be interpreted in accordance with Scottish law and the Scottish courts will have exclusive jurisdiction to resolve any disputes between us.
Additional Terms and Conditions Applicable to Our Members
In addition to being bound by the terms set forth above, members who purchase subscriptions from us are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a subscription.
Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each member represents and covenants that all information submitted to us and to the Site during such member's registration with the Site shall be true and correct. Each member further agrees to promptly provide notice to the Site by contacting us regarding any updates to any such contact information previously submitted by such member to the Site. Each member agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the Site, and proof of authority to list the property as we may request.
Content, Layout and Copy.
All content and copy edits submitted by members are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine, in our sole discretion, does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member. All content must meet our Content Guidelines. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements. Members are responsible for reviewing and ensuring that any content displayed on the Site appears as the member intended.
All printed (paper based) photographs submitted by a member will be discarded after we have scanned the same into our electronic database. We have no responsibility to return such photographs to you. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.
Photographs should depict the holiday rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. Photographs must meet our Content Guidelines. We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph either electronically through the Site or by mailing a paper photograph to our offices, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advert, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advert on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any member of the HOMEAWAY Group from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.
It is the member's responsibility to obtain reproduction permission for all photographic and other material used in its adverts. The member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request.
By accepting these Terms and by posting a listing on the Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the Site or the websites of our affiliates, and you grant the Site and the members of gipat.com the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not
limited to, the right to file suit to seek injunctive relief to protect such material. We need these rights to host and display your listing. You further agree to assist us -at our expense and control -to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any member and each member agrees to indemnify and hold harmless the Site and any member of gipat.com against any action brought for breach of copyright or other rights from the use of such content supplied by such member. Each member hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by any member.
Each member agrees that we may sublicense all the rights granted to us under these terms to one or more third parties we may contract with to display all or part of the member's property listing or otherwise provide promotional or other services related to our business.
Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member's property or the promotion of the Site.
Uses of Our Trademarks or Logos.
There are limited ways in which you may use our trademarks or logos without specific prior written authorization. The following are general guidelines: It is usually permissible for you to refer to gipat.com or the name of one of our affiliate websites on which you list your property in a descriptive manner in your listing on the Site or in other permissible communications. For example, you might say "Check out my holiday rental on www.gipat.com," or "I list properties on www.gipat.com" However, you may not refer to Us or any of our affiliates in any way that might lead someone to believe that your company or site is sponsored by, affiliated with, or endorsed by Us or one of our affiliates. For example, you may not say "Getaway International Property and Travel or gipat.com sponsors my holiday rental," or describe your property as "gipat.com's best holiday rental." You may not use the Getaway International Property and Travel or gipat name or one of our affiliates' names on any other website that lists holiday rentals without our prior written authorization. The gipat name and logo and those of Getaway International Property and Travel and our affiliates are registered trademarks and other jurisdictions around the world. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirts, etc., or if you have other questions, you may contact us.
We reserve the right to refuse hypertext links to, or addresses of, other web sites from members' pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
Guest Books/Property Reviews.
Any entries in the guest book or property review section of any member's listing must be genuine comments from guests who have stayed at the property advertised. The e-mail address(es) of the guest(s) whose comments are given must be supplied by a member to us upon our request. All content submitted in reviews must meet our Content Guidelines.
Substitution of Properties; Advertising More Than One Property; Property Managers.
Each advert must relate to an individual and uniquely identified property, unless (i) you are a property manager who has signed up for one of our packages for members who are property managers or (ii) you otherwise purchased a subscription package that expressly allows for substitution of properties. This means that:
(a) The property in an advert may not be substituted for another property. If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.
(b) The listing specifically cannot be a mere example of properties in a given area. Only one property can appear on each advert, unless it is a property with multiple rental units on the same site and additional advertising units are purchased. We reserve the right to amend the copy or remove any advert when more than one property is described in such advert, and may choose, in our sole discretion to retain any fees associated with the initial term of such nonÂ¬conforming listing as compensation for the violation of this condition.
(c) Members who manage 5 or more properties should contact us by email to discuss the packages that may best suit their needs. All other subscription listing packages require one subscription per listing (one subscription per property).
Unauthorized Payment Methods; Subscription Payments
Payments between members and travellers: We are NOT a party to any payment transaction between members and travellers. No member may request any traveller to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Site may result in the immediate removal of the non-conforming listing from the Site without notice to the member and without refund.
From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.
Payments for subscriptions: Payment for subscription listings must be made to us in U.K. Pounds paid either by major credit or debit card.
Legal Requirements Applicable to Rental Properties
You agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to any rental property you list on the Site. We assume no responsibility for your compliance. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal compliance pertaining to rental properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
Refund Requests and Termination or Transfer of Listings
Refund Requests: All listings are sold to run the full term that is chosen by the member. Generally, no refunds are available unless a member qualifies for a refund under any guarantee program we may have in effect. If you believe you qualify for a refund under a guarantee we are offering, you may contact customer support by contacting us and include your listing number, and your reason for dissatisfaction. We will then determine, in accordance with the applicable guarantee program, whether any refund is due.
If you renew your subscription, or if your subscription automatically renews under its terms of your subscription, your listing will remain online for the entire subscription period without refund. If you sell your property and no longer wish for the listing to remain online, please contact us and we can remove the listing; however, no refund will be owed.
Our Right to Terminate a Listing: If, in our sole discretion, any member submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to terminate such member's subscription(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a member's listing or rental practices that, in our sole discretion, warrants the immediate removal of such member's listing from the Site (for example, and without limitation, if a member double-books a property for multiple travellers on the same date, or engages in any practice that, in our sole discretion, would be considered unfair or improper within the holiday rental industry, or if we receive a complaint that any listing's content infringes on the rights of a third party), then we may immediately terminate such member's subscription(s) without notice to the member and without refund. We assume no duty to investigate complaints. Finally, if any member is abusive or offensive to any employee or representative of gipat, we reserve the right to terminate such member's subscription(s) immediately without refund. Finally, if any member is in breach of these Terms or its obligations to us then we may terminate such member's subscription(s) immediately without notice to the member and without refund.
Transfer of Listing: No listing may be transferred to another party, except that if a member sells the property that is listed, the member may transfer its listing to the new owner of the property that is listed. We may, at our discretion, charge a reasonable transfer fee.
When, as a member, you choose to create a listing, you are agreeing that the listing may be placed shortly after you provide your agreement to create it. As a result you do not have the right to cancel your agreement to create the listing during the cooling-off period which is provided for certain transactions under the Consumer Protection (Distance Selling) Regulations 2000.