In these Terms and conditions, the following words and expressions have the following meanings unless the context otherwise requires:
"You", "Your" and “User” means any and all persons Using this Website including, without limitation and where applicable, Property owners;
"We", "Us" and "Our" means pureholidayhomes.com.
"Website" and “Site” means this Website with the URL www.pureholidayhomes.com
"Terms" means these Terms and conditions.
"Property(ies)" means, individually and collectively, the properties and accommodation units advertised for rental on this Website.
"Host(s)" means the party or parties who are legally responsible for the Property. This may be the individual Host(s) of the Property, the leaseholder(s) or the developer, Management Company or owner of the development, complex or resort of which the Property forms part. References to Property owner also include an authorised agent of the Property owner.
“Guest(s)” means the party or parties who have a “Booking” with a “Host”
“Booking(s)” means the confirmed agreement to rent a Property directly from the “Host” by the “Guest(s)”
“Account” means a “Guest” or “Host” User account with pureholidayhomes.com Ltd
“Subscriber Advertiser” means a “Host” with pureholidayhomes.com who has an active paid subscription for their advertisement
"Material" means the contents of this Website including but not limited to descriptions, photographs, images, video, plans, maps and other information of any nature both generally and in relation to any particular Property(ies).
"Personal data" means personal information we collect from or about You where we are able to identify You from this information alone or in conjunction with any other information in Our possession. Such personal information will include, where applicable, Your name, e-mail address, other residential address and telephone number.
Access to and use of this Website and any information it contains is conditional on Your acceptance of these Terms without modification. Please read them carefully. We recommend You print out and keep a copy of them for Your future reference. If You do not wish to accept any part of them, You must not Use Our Website. Access to this Website is also conditional on Your agreement that any issues or dispute which may arise between You and Us will be governed by English law and will be dealt with by the Courts of England and Wales only to the exclusion of the Courts of any other country.
Except where the context otherwise requires, these Terms also apply to Property Hosts who advertise their Property(ies) on the Website. In the event of any conflict between any provision(s) of clauses 1 to 19 of these Terms (Terms applicable to all Users) and any provision(s) of clauses in Sections B and C (Terms applicable only to Property owners), the relevant provision(s) of those applicable only to Property owners will apply in respect of and to the extent of the conflict. These Terms are deemed accepted by Property owners immediately after You navigate away from the loading page.
This Website is purely an advertising medium. Its purpose is to enable Property owners to advertise the availability of their properties for holiday rentals to persons visiting the Website. All Bookings, enquiries and other communications are made directly between the Property owners and the person(s) concerned. All contracts for the rental of any properties are entered into directly between the Hosts and the person(s) making the Booking. We have no responsibility for the acts, defaults, omissions, errors, and breach of contract, negligence, misrepresentation or other fault or failings of any description on the part of any Property owner or other third party. Specifically for Guests You warrant that by Booking a holiday with an advertiser on Our Website that no claim shall be brought by You in relation to any Material losses suffered through any acts of the advertiser including fraud. Specifically for advertisers You warrant that by accepting a Booking from a Guest that came through Our Site that no claim shall be brought by You in relation to any Material losses suffered through the actions of that Guest including: damage, fraud, non-payment, theft etc.
All Material (including but not limited to descriptions, photographs, images, video, plans, maps and other information) relating to the properties which appears on this Website is provided by the Property advertisers and is the sole responsibility of the Property advertisers. We do not check this Material and make no express or implied warranty, representation or promise that it is accurate, current or complete or that properties are available either generally or for or during any particular period(s) of time. Nothing on this Website constitutes an offer on Our part. We do not visit or assess any Property and make no warranty or representation that it complies with any description given, any laws or health and safety requirements or as to its suitability, standard, quality or otherwise.
As a condition of Your Use of this Website, You warrant to Us that You will not Use it or any Material or information on it for any purpose that is unlawful or prohibited by these Terms or by law. You warrant that You are at least 18 years old and have the legal authority to Use this Website in accordance with these Terms. You agree to be financially responsible for all charges, fees and other sums of whatever nature which arise out of Your use of this Website.
Save for Hosts in relation to their properties. This Website is for Your personal and non-commercial Use only. You may only download, print, store and Use any Material appearing on the Website for the purpose of researching and/or making a holiday rental Booking for Yourself, family or friends or sending the same onto family or friends for like purpose. We grant You a non-exclusive, revocable licence to Use Our Website for and limited to this purpose and for these activities. All other activities are expressly prohibited. Except as expressly authorised by these Terms or as we agree in writing in advance, You may not modify, copy, download, print, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or in any other way Use or make available any Material appearing on this Website. We may terminate Your licence to Use and may prevent Your Using Our Website in the event of Your breaching these Terms. You also agree to indemnify Us for all claims, liabilities, damages, losses, costs and all other sums of whatever nature which we suffer or incur as a result of Your breach of these Terms.
The contents of this Website constitute a database for the purpose of The Copyright and Rights in Databases Regulations 1997. All rights relating to this database belong to pureholidayhomes.com. The contents of this Website and the Material it contains are also protected by copyright. Such copyright belongs to pureholidayhomes.com, the Property owners and other third parties.
We may also track and Use third parties to track Your Use of Our Website and the route by which You access it Using non-personally identifiable data. In order to do so, we/the third parties may Use web beacons which serve a similar function to cookies. We may share anonymised information with third parties for the purpose of collating and analysing Website traffic and patterns.
We would like to store and Use Your Personal data for future marketing purposes such as dedicated email marketing and newsletters. We are part of a group of companies. In addition to Our storing and Using Your Personal data, we would also like to pass it to other companies within Our group to enable them to send You marketing Material which may be of interest to You. If You do not wish to receive such marketing, there will be an ‘unsubscribe’ option on all email marketing or alternatively, send an unsubscribe request to: firstname.lastname@example.org
The third parties referred to under "How do we collect Personal data?" above are not permitted to collect any Personal data from You in the course performing their services.
We may disclose and transfer Personal data to a third party who acquires this Website or Our business or that part of Our business to which this Website is relevant.
Any customer information provided to or gathered by pureholidayhomes.com is controlled by pureholidayhomes.com.
pureholidayhomes.com uses registered security techniques for protecting this information and to prevent its loss, mutation or theft. The security system fully conforms to all measures outlined in the Data Protection Act and is stored under secure password protected entry.
We take appropriate technical and organisational measures which are intended to prevent unauthorised or unlawful processing of Personal data and accidental loss or destruction of, or damage to, Personal data.
You are generally entitled to ask Us (by letter or e-mail) what details of Yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. We promise to respond to Your request within 40 days of receiving Your written request and fee. In certain limited circumstances we are entitled to refuse Your request.
If You believe that any of Your personal details which we are processing are inaccurate or incorrect please contact Us immediately by emailing Us at email@example.com
We give no guarantee, warranty or representation that this Website will be available and accessible at all times. It may not be accessible, in whole or part, at any time and for any periods of time for various reasons including, without limitation, as a result of technical difficulties relating to Our Website or the internet or maintenance requirements. We may at any time and without prior notice make changes to this Website including altering, removing or suspending any parts or features of the same or changing its appearance, design or functionality. We are also entitled to change or delete any Material at any time including any Property details. You should therefore keep a record of any Property You are or may be interested in Booking prior to leaving this Website.
This Website may contain links to other Websites. Except where such other Websites belong to Us, they are not under Our control or maintained by Us. We are not responsible for the content of such Websites including any goods or services offered or available on them. We provide these links for Your convenience only but do not monitor or endorse the Material on them. We cannot accept any liability whatsoever and howsoever arising in relation to any such other Websites (including, for the avoidance of doubt and not by way of limitation, any inability to access or delay in accessing any such other Website) or in relation to any Material or information appearing on them or which You may otherwise come across after leaving Our Site by way of a hypertext link or any other means.
We shall not be liable for any loss or damage or other sum or claim of any nature whatsoever (direct, indirect, consequential or other) which arises, directly or indirectly, in connection with this Website including, for the avoidance of doubt and not by way of limitation, any Material appearing on this Website or any inability to access or Use (or delay in doing so) this Website.
We make no warranty that this Website (or any Websites that are linked to this Website) is free from technical errors, computer viruses or any other malicious or impairing computer programs. It is Your responsibility to ensure You carry out sufficient checks (including virus checks) to protect Your own computer system.
All exclusions of liability apply only to the extent permitted by law.
If any exclusion(s) or limitation(s) contained in these Terms is found, in whole or part, to be unlawful, void or for any other reason unenforceable to any extent and/or for any purpose(s), that exclusion(s) or limitation(s) or the part(s) in question shall be deemed severable and omitted from these Terms to the extent and/or for the purpose(s) for which it is unenforceable. Such omission shall not affect the validity, effectiveness or enforceability of the other provisions of these Conditions.
Without prejudice to any other provision(s) of these Terms, we are entitled to the benefit of any applicable exclusions and/or limitations of liability permitted by the laws of any country found to be applicable to this Website or any Material appearing on it.
We may alter these Terms at any time and without prior notice. If we do so, all subsequent Use of Our Website will be governed by the newer version. You must accordingly check these Terms regularly.
The VERIFIED badge Used by pureholidayhomes.com on its Site is an indication that the owner of a Property detailed on its Site has undergone a rigorous examination into their identity (Using GB Group Plc.’s identity verification services) for the purposes of preventing fraud. If You wish to check that the owner of a particular Property detailed on the Site that is Using the VERIFIED badge has been vetted by pureholidayhomes.com, please contact Us at firstname.lastname@example.org with details of the Property concerned. We will then run a check of the details against Our database. GB Group’s ID verification system, which is used by pureholidayhomes.com, checks the credentials of Property owners advertising on its Site against a number of national and international databases. Although the process is rigorous, it cannot provide an absolute guarantee against instances of fraud occurring. Consequently, neither GB Group or pureholidayhomes.com accept responsibility for any loss, liability and damage that may be incurred by Users of this Site as a result of a fraudulent representation made any person advertising their Property on this Site and all warranties, conditions and other Terms implied by statute or common law are hereby excluded.
The following Terms are additional Terms and conditions for Subscriber advertisers on pureholidayhomes.com and must be read in conjunction with Section A (and Section C if the Site Booking functionality is to be used).
a. For new adverts; we offer a 24 hour cancellation service whereby a newly published advert can be cancelled and all subscription fees refunded. No refunds are available on admin fees, in instances where You have Used Our loading service a minimum fee of £17+ VAT per Property will be deducted from any refund amount. To cancel Your advert and claim Your refund, You will need to email email@example.com within 24 hours of the advert going live. This cancellation service applies to the first 24 hours of advertising only. It cannot be applied beyond this period. It applies to the initial advertising period only. It cannot be applied to renewal amounts.
b. For renewal of existing adverts on automated renewals; should an advertiser wish to cancel an advert after an automated renewal payment has been collected then a refund of the renewal payment collected for the current subscription can be made subject to a deduction being made to cover the company’s administrative costs as per the following timescales and charges:-
|Administration fee to be deducted from payment made|
|Within 14 days of payment||25% of payment plus VAT (if applicable)|
|Within 15 to 31 days of payment||50% of payment plus VAT (if applicable)|
|More than 31 days||75% of payment plus VAT (if applicable)|
|61 or more days||No refund will be made|
In instances where an owner would like to make alterations to the listing package subscribed to, they have 48 hours to notify Us of any necessary amendments via firstname.lastname@example.org. If an owner wishes to cancel their entire listing, please refer to the cancellations policy above. If an owner wishes to change a listing period or a booked featured listing, pureholidayhomes.com will carry out these changes if requested within 48 hours of the advert going live and make any necessary refunds.
In respect of any Advertiser Content You submit to the Site, You will retain the intellectual Property rights in such Advertiser Content. By submitting Advertiser Content to Our Site, You hereby grant to Us, a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to Use, edit, reproduce, record, modify, translate, distribute, play, perform, or make available to other Users of Our Site the Advertiser Content.
You warrant and agree that:-
You grant Pureholidayhomes.com Ltd the right to present Your advertisement information on other @Leisure owned Websites and affiliate partner Websites, so long as You are not subject to any additional charges or Terms and conditions.
You agree to indemnify and keep Us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by Us arising out of or in connection with any one of the following:-
Payment for advertising Your Property with Us can be made through the Website Using Our Ogone™ account or by telephone Using alternative merchant partners. Alternative methods of payment include Worldpay™, Recurly™ or wire transfer. From time to time the company may change its merchant partners and payment options for Subscribers.
Subject to these Terms, properties are advertised on the Website typically for a period of 3, 6 or 12 months at a time. There will however be variances on these subscription periods from time to time. Subscription fees are non-refundable except as mentioned above.
Any new advertisement/subscription or renewal paid for by credit or debit card on or after 19 January 2012 will automatically renew for consecutive periods of 12 months once the initial trial/subscription period has ended: therefore, for example, a three month trial subscription will renew for successive twelve month periods at the end of the initial three month trial at the standard 12-month listing price as advertised on the Website, a twelve month subscription will renew for successive twelve month periods on the anniversary of the original subscription at the standard 12-month listing price as advertised on the Website. The company reserves the right to extend the initial trial/subscription periods which will result in the postponing of the collection of the automated renewal. There is no cost or charge applied to customers for such an extension. You may terminate Your recurring subscription in line with the termination policy in Section B/clause 7.
If Your subscription (a) was purchased by credit or debit card prior to 19 January 2012, or (b) is or was purchased by cheque or a form of payment other than credit or debit card at any time, it does not automatically renew. We may, however, contact You to ask whether You wish to convert to an automatically renewing subscription. If we do so, and You agree to do so by providing Your credit or debit card details for that purpose, then from the date when the resulting subscription commences it will constitute an automatically renewing subscription.
If You do not cancel an automatically renewing subscription in line with Our termination policy You authorize Us to charge Your credit or debit card for the continuation of Your automatically renewing subscription.
By loading Material relating to a Property onto this Website, You warrant and confirm that You are legally entitled to do so and legally have full power and authority to enter into a contract with any person(s) or entity wishing to make a Booking of the Property for holiday rental purposes (subject always to Your right to refuse particular Bookings). Contracts for the rental of the Property are entered into directly between You and person(s) or entity wishing to make a Booking without any involvement on Our part. We are entitled to require You to produce appropriate proof of Your individual identity, Your ownership of the Property or authority to represent the owner in advertising and entering into contracts for Use of the Property for holiday purposes.
You warrant and represent that all Material You post on the Website is accurate, complete, up to date and fairly represents the Property(ies) to which it relates and is not misleading in any respect. You warrant that all Material is suitable for posting on the Website given its nature and purpose and does not breach and is in compliance with any and all applicable laws and/or legal requirements. You are responsible for changing and updating it whenever required so that these warranties and representations at all times remain correct. You further warrant and represent that You own the copyright and all other intellectual Property rights in any Material You post (including without limitation any photograph(s)) or alternatively have the written permission of the owner of the copyright or other intellectual Property rights to Use the same at all times while it is posted on the Website. You also warrant and represent that You have the written permission of any and all persons (or their parent or guardian in relation to any child) shown in any photograph to post the same on the Website. We are entitled at any time and without prior notice to remove, modify or refuse to accept any Material (including, without limitation, any hypertext links or Website addresses) where we, in Our sole discretion, consider it appropriate to do so. You grant Us a perpetual, royalty free, worldwide licence to display, Use and reproduce all Material posted on the Website as we consider appropriate for the purpose of or in connection with advertising the Property on the Website.
We are entitled to terminate the advertising of any Property immediately without refund or partial refund of subscription on giving the Property owner notice in writing (which may be by way of an e-mail to their last known e-mail address) in the event of:-
Advertisers who wish to remove their advertisements can do so at any time by contacting Us in writing at email@example.com however no advertiser shall qualify for any partial refund for any unused time left in their subscription based upon their decision to remove their advertisement from the Website. The only exception to this partial refund policy is detailed in Section B/clause 1.
Advertisers with recurring subscriptions who do not wish their advertisement to automatically renew at the end of their current subscription period must inform the company in writing prior to the expiration date of the advert.
Such communication must be from the advertiser directly and must include within the subject line the advertisers Property ID and clearly state that the advertiser does not wish to renew their subscription. This correspondence should be sent to firstname.lastname@example.org only.
Please note that an automatically renewing subscription may lapse due to Our inability to take payment Using Your selected payment method – such as if You change credit card. In that event, You will need to arrange to make payment in order to continue Your subscription If You wish to change Your credit or debit card to be charged or if Your credit or debit card information otherwise changes, You agree to contact Us to provide the new or different credit card information prior to the expiration date of Your advert.
The following Terms are additional Terms and conditions for Hosts and Guests Using Booking functionality on pureholidayhomes.com and must be read in conjunction with Section A.
1.2 We reserve the right, at Our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms on a regular basis to keep yourself informed of any changes.
1.3 By Using this Site, You agree that the posting of new or revised Terms (including the Booking Terms) on the Site shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued Use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the Site shall constitute Your consent to such changes.
1.4 In the event a rental transaction is concluded between Guests and Hosts as a result of the Use of Our Site and Services, Pureholidayhomes.com Ltd does charge fees as further described in these Terms and the Booking Terms.
1.5 If there is an inconsistency between any of the provisions of this English language version and a translated version, the provisions of this English language version shall prevail. Any translated versions of these Terms shall be for convenience only.
3.1 To register for a User account (an "Account"), go to the Site and provide the requested information. By registering, You represent and warrant that: (a) You are eligible for an Account as set out in these Terms; and (b) the information You include as part of the registration process and thereafter is accurate and not misleading. Accounts may be obtained and Used only by persons who are at least eighteen (18) years old. Such persons may act on behalf of members of their group (if making a group Booking) and/or their organisation or entity if they are authorised accordingly. Please note that You may view listed properties on Our Site as an unregistered visitor, however, if You wish to book an accommodation or create a listing, You must first register to create an Account.
3.2 Upon obtaining an Account, You shall have access to the Service and the functionality that We may establish and maintain from time to time and in Our sole discretion. We may add, delete or change some or all of the Service provided for free as part of the Account at any time. You will be notified of any charges and given the option to continue Use or to terminate Your Account. You are responsible for paying all applicable taxes and for all hardware, software, service and any other costs that You incur to access Your Account. You may not transfer or share Your Account with anyone.
3.4 You agree to allow Pureholidayhomes.com Ltd to contact You on Your email address or phone number with personal communications related to Your account, including but not limited to requests for Booking, Booking confirmation, notices and updates. You will be able to opt out of any future commercial communication at Your convenience.
4.1 You agree to Use Your Account for Your personal Use only, and not to redistribute any of the content on this Website. You agree to comply with all applicable laws regarding Use or access of Your Account. Any Use of an Account to post (a) false, outdated, misleading information; (b) information that in Our sole discretion is inappropriate to Our Users (including, but not limited to obscene, libellous, slanderous or similarly inappropriate postings) or (c) information in breach of the policies published on the Site are grounds for immediate termination of an Account.
4.2 You may not distribute unsolicited commercial messages ("spam") through Your Account or take any other action that imposes an unreasonable or disproportionately large load on Our infrastructure. At Our option and without further notice, We (or Our suppliers) may Use anti-spam technologies that may terminate Your messages without delivering them or prevent messages from reaching You. We expect all of Our Users to conduct themselves in a courteous, professional manner at all times. Personal attacks, “flaming”, defaming, and other forms of discourteous and unprofessional online conduct are grounds for the immediate suspension or termination of the offending User's Account, in Our sole discretion.
5.1 You understand and agree that all reviews, postings, messages, text, files, images, photos, video, sounds, or other Materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the User from whom such Content originates.
5.2 The Site provides unfiltered access to Content. You understand and agree that the Site only acts as a platform and that We disclaim all liability related to Content posted on the Site, whether arising under intellectual Property laws, libel, privacy, obscenity, or otherwise. We cannot, nor do We undertake any obligation to, control the Content that is posted. By its very nature, the information on the Site is changed frequently, may be inaccurate and in some cases may be mislabelled or deceptively labelled. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor do We undertake to verify, update or correct such information. We recommend that You confirm all information You obtain from the Site as accurate and complete and up to date. We also do not make any representation or warranty, express or implied, regarding any posting or requests by Users. You agree that any agreement between You and such individual or organisation shall be solely on the Terms negotiated and agreed by You and Your counterparty and shall be done at Your own risk.
5.3 Pureholidayhomes.com Ltd grants Users a limited, revocable, non-exclusive licence to access the Site to, as applicable, advertise holiday rental properties and/or research, view or make legitimate inquiries to Users regarding their interest in particular holiday rental properties for their personal Use, all in accordance with these Terms.
5.4 Any other Use of the Site is expressly prohibited. Importantly, this licence does not include any right of collection, aggregation, copying, duplication, display or derivative Use of the Site nor any right of Use of data mining, robots, spiders or similar data gathering and extraction tools without Our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines 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. "General purpose internet search engine" does not include a Website or search engine or other service that provide classified listings or Property rental advertisements, or any subset of the same, or which is in the business of providing holiday Property rental services.
6.1 Although Pureholidayhomes.com Ltd does not own nor control any of the Content that You post, You agree that, by posting Content on the Site, You automatically grant Us, and You represent and warrant that You have the right to grant Pureholidayhomes.com Ltd, an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to Use, copy, perform, display, adapt, modify, distribute, to have distributed and promoted said Content, and to grant and authorise sub licences of the foregoing. Furthermore, by posting Content on the Site, You automatically grant Pureholidayhomes.com Ltd all rights necessary to prohibit any subsequent aggregation, display, copying or exploitation of Content on the Site by any party for any purpose.
6.2 You are solely responsible for Content or any other information You provide, distribute, post, include, link to, or otherwise upload to the Site ("Your Content"), and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your Content. We reserve the right (but not the obligation) to take any action with respect to Your Content if we believe that it may create liability for Us or may cause Us to lose the services of Our ISPs or other suppliers. You represent and warrant that Your Content and any content You request to receive (directly or indirectly): (a) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (b) shall not violate any law or regulation; (c) shall not be defamatory or libellous; (d) shall not be obscene or contain child pornography; (e) shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6.3 You understand and agree that Pureholidayhomes.com Ltd has no obligation to post any Content from You or anyone else. In addition, We may, in Our sole discretion, edit, remove or delete any Content that You post or submit. In particular, We reserve the right to determine the final design, layout and functionality of Our Site, which may involve the review, formatting and editing of such Content. In case You intentionally or negligently cause any loss or damage to Pureholidayhomes.com Ltd because of the design or positioning of such Content You are liable towards Pureholidayhomes.com Ltd You understand and agree to release Pureholidayhomes.com Ltd from any liability for any loss or damage resulting from the design or positioning of such Content, unless such loss or damage resulted from Pureholidayhomes.com Ltd.’s wilful misconduct or negligence.
6.4 You grant Pureholidayhomes.com Ltd the right to present Your advertisement information on other @Leisure owned Websites and affiliate partner Websites, so long as You are not subject to any additional charges or Terms and conditions.
7.1 As a Host, You may create or add listings and You will be asked a variety of questions about the holiday rental accommodation You intend to list, including, but not limited to, the location, features, availability of the accommodation and pricing and You may include certain Terms or requirements which must be met by Guests as part of any potential rental transaction relating to Your listed Property. More information on how to add such requirements is available on Our Site. All accommodations must have valid addresses in order to be featured in listings on the Site. Your listings will be made publicly available via the Site and Guests will be able to book Your holiday rental Property via the Site based upon the information provided in Your listing. You, and not Pureholidayhomes.com Ltd, are solely responsible for determining the rental price to be displayed in Your listing and any additional charges (for example, cleaning fees) to be included or factored into such price (Your “Host Fee”). You understand and agree that once a Guest requests a Booking of Your listed accommodation, the rental rate You have set for such Booking request may not be altered. As a Host, You acknowledge and agree that You are solely responsible for any and all of Your listings of holiday rental properties on Our Site.
7.2 You warrant, represent and undertake that all and any listings You place on Our Site relate to available accommodation at an existing Property. If You are not the owner of such Property You warrant, represent and undertake that You have all necessary rights, including without limitation the express authorisation from the owner, to deal with the Property, including creating listings related to it and offering it for holiday rentals.
7.3 In accordance with these Terms, if, as a Host, You add a Property as available for rental on Our Site, Your Use of the Site is a means of enabling You to connect or be introduced to Users who may become Guests for the purposes of concluding a rental transaction with You. Our Service to You as a Host shall include supporting and assisting You in listing, marketing, promoting and advertising Your Property on Our Site. However, as noted above, We cannot and do not in any way act as a contracting agent or representative for You as a Host, nor as a broker or insurer in each case, in relation to Your rental transactions which You conclude with Guests via the Site, but we can and shall act as Your disclosed agent or intermediary in Your name and on Your behalf in relation to handling or managing payment collection processes involving advanced payment and cancellation transactions with Guests, which processes are governed by the Booking Terms. Our Service to You as a Host in relation to the provision of information and email or messaging services shall also include assisting You in respect of communications with Guests through the Site, for example, in receiving, notifying and forwarding to You any Booking requests or enquiries made through the Site by a Guest and in receiving and handling cancellation requests from Guests.
7.4 You acknowledge and accept that We do not consider that we act as a travel agent generally in relation to the provision of Our Site and/or Our Service or in respect of Your actual rental transactions concluded with Guests as We are not a party to such actual rental transactions and We do not buy-in, re-sell or provide accommodation or other travel services in Our own name as mentioned in Section 2 above. However if, as a matter of law or in the opinion of any tax or other authority in any jurisdiction Pureholidayhomes.com Ltd is or could be considered a travel agent in respect of taking part in, or providing Services consisting of the intermediation in, the provision of accommodation by Hosts to Guests pursuant to a Booking on Our Site, You acknowledge and accept that in those circumstances and for the purposes of these Terms and rental transactions You have concluded with Guests, the Service supplied by Us in taking part in the provision of accommodation listed on Our Site and/or in facilitating or providing intermediation in the conclusion of such rental transactions, shall be supplied to You as Host, acting as Your disclosed agent or intermediary in Your name and on Your behalf and not in any way in Our own name, as We shall not and cannot be a Host. Any necessary modifications may be made to these Terms as a consequence of this provision or part thereof applying.
7.5 You agree that in the event You conclude a rental transaction with a Guest as a result of Using Our Site and Service, then, in consideration of providing Our Services, including support, payment facilitation, and any other services as intermediary, as part of Our Service as further described herein to You as a Host, Pureholidayhomes.com Ltd shall charge You a service fee, exclusive of any applicable VAT and similar sales taxes which may be charged in addition thereon, and in respect of which We may issue or be required to issue to You as a Host a valid VAT or similar sales tax or other invoice (or We may so issue to You at Your reasonable request). Such fee is based upon a percentage (typically between 0% and 5%) of Your Host Fee in relation to Your listed Property, and shall be indicated and disclosed in the Host section of the Site. In addition, We shall also collect an administrative fee of between 10% and 15%, based on the Host Fee and service fee, chargeable to a Guest as referred to in the Booking Terms (including any applicable VAT or taxes which may be charged in addition thereon). Both fees as described herein (collectively, Our “Fees”) shall be added by way of a mark-up to Your Host Fee to calculate the aggregate amounts to be displayed in Your listing and set out in the Booking confirmation sent to the Guest, and which shall therefore be payable by such Guest subject to the Booking Terms.
7.6 Our Service to You in respect of payment facilitation and processing shall not include the collection of deposits or additional charges from Guests that are not included or factored in Your Host Fee and Pureholidayhomes.com Ltd shall not be responsible for administering or accepting a request or claim from You related to such additional charges or payments and disclaims any liability in this respect. You will need to carry out a separate arrangement with Guests in respect of such charges and expressly state in the listing of Your Property that additional charges in the form of a deposit or otherwise (for example, cleaning fees, security deposit and late checkout fees) are required separately from the Guest (for example upon arrival or check-out) if such charges are not included or factored in Your Host Fee.
7.7 Please note, however, that as Host, You are solely responsible for honouring any Booking confirmation sent to a Guest and for supplying and making available and providing Your listed Property on the Site to the Guest on such Terms, conditions, rules and restrictions as You have set and agreed with the Guest. As a Host, You acknowledge and agree that You are responsible for Your own acts and omissions and for the acts and omissions of any individuals (other than Guests and members of the Guest’s party) who reside at or are otherwise present at Your rental Property. Each Host is solely responsible for compliance with laws, rules and regulations, including any tax and VAT requirements (see also the next provision below) and in respect of any conflict with or breach of rights of third parties. We recommend that Hosts obtain appropriate insurance for their rental properties listed on the Site.
7.8 Please also note You are solely responsible for determining Your applicable Tax reporting requirements in consultation with Your tax advisors. Pureholidayhomes.com Ltd cannot and does not offer Tax-related advice to any Users of Our Site and Service. Additionally, please note that You are responsible for determining and/or paying any local VAT or similar indirect sales Taxes and/or for factoring in or including such VAT and taxes into Your Host Fee or satisfying such obligations relating to applicable Taxes in adding a listing on Our Site or in respect of Our Fee as charged or invoiced to You or otherwise, particularly if You consider that You are in business in Using the Site and/or, for example, You are a professional Property manager or You rent Property on a regular basis to generate income. You may also be required to issue an invoice, including without limitation, a valid VAT invoice to Your Guest in respect of Your Host Fee and any additional charges whether or not included in Your Host Fee. You should in any event consult Your tax advisor.
7.9 Upon registering as a User as an intended Host, Hosts acknowledge and accept that Pureholidayhomes.com Ltd shall assume, and be entitled to assume, that You are in business/a taxable person/carrying on an economic activity and/or VAT registered, in the place/country where Your address details as provided to Us are located, unless and until You tell and confirm to Pureholidayhomes.com Ltd by email or otherwise that You consider that You are not in business etc. or that You are Usually resident or spend most of Your time in another country. Hosts further accept and acknowledge that We may contact You to require details (acting reasonably) of Your VAT registration number (if any) or otherwise copies of reasonable commercial evidence or records, for example contracts, business letterheads, a commercial Website address, publicity Material, certificates from fiscal authorities, in each case, which You shall provide or procure to provide within Your power or ability to do so. A digital certificate from a reputable organisation can also be accepted for this purpose.
7.10 If Your listed Property is requested by a Guest via Our Site, You will be required to either confirm or reject the Guest’s request within 36 hours of that request, after which the Booking request shall automatically expire. If, as a Host, You confirm that Your listing is available and a Guest’s Booking is subsequently accepted and confirmed by You through Our Site, You will receive Your Guest’s relevant contact details (including phone number) from Us and We will also forward Your contact details to the Guest. Once such contact details have been provided, all communication including concerning details and information about the rental transaction should be direct between You and Your Guest through Our Site as facilitated by Our Service where required/applicable.
7.11 We shall hold all monies collected by Us from Guests upon a Booking confirmation, subject to a duty to transfer or account to You in respect of such monies (provided always that You have honoured such Booking), which we shall pay to You by bank transfer or, for pounds sterling or euros payments only, PayPal transfer, in the currency You have set for the relevant Property, less Our Fees as described above. You acknowledge and agree that we shall be entitled to deduct and retain Our Fees from such monies collected. Unless We otherwise agreed with You, We shall initiate the payment to You of all net monies collected from Guests which are due to You within two UK business days (being days where banks are open in UK) of the planned date of Your Guest’s check-in at Your listed Property, but We shall have no further commitment to You under these Terms subject to any exceptional arrangement for the earlier transfer of a Guest’s advanced payment as may be agreed between You and Pureholidayhomes.com Ltd. If You do not honour a Booking, You may lose Your entitlement to Your Host Fee and We reserve the right to retain the corresponding funds collected in order to refund the Guest as also referred to further in the Booking Terms.
7.12 Guests can cancel their Booking at any time, but always accordingly to the cancellation policy that You have selected as a Host. In the event a Guest cancels, We shall transfer to You the monies collected by Us from such Guest, less Our Fee, in accordance with Your selected cancellation policy. (Please see Clause 13.3 / Section C)
7.13 As a Host, You should not cancel a confirmed Booking. If however, exceptional circumstances require You to cancel a Booking, please notify Us at Host@pureholidayhomes.com for assistance in relation to Your communications with the Guest. Please also refer to the Booking Terms in this respect in Terms of refunds payable to Guests.
7.14 We reserve the right to cancel any Booking at any time for security or fraud-protection purposes. This is generally due to Our fraud-detection processes reporting a problem with the payment card submitted. In such cases the cancellation policy that You have selected will not apply and You will receive no payment for the cancelled Booking.
7.15 As a host receiving booking requests, you are required to keep your advert and availability up to date to ensure bookings are not rejected due to incorrect availability pricing. On your first rejected booking within a 12 month period you will be advised to update your advert. A second rejected booking in 12 months will result in a warning. 3 rejected bookings within a 12 month period will result in your advertisements being removed with no refund on any costs incurred.
8.1 Guests can offer to make a Booking through the Site by following the processes for making a Booking request set out on the Site and clicking on the appropriate confirmation button or Booking link (via Your Account or email). It is important that Guests check the information entered and correct any errors before making a Booking request since once You click on such button or link, input errors cannot be corrected.
If at any time prior to clicking on the appropriate confirmation button or link, You (the Guest) decide that You do not wish to proceed with Your Booking request, You should close the application window.
8.2 Once Your Booking request has been made, We will then notify the concerned Host by email and in their Account to accept or reject the Booking request. Hosts are required to either confirm or reject Your Booking request within 36 hours of that request, after which the Booking request shall automatically expire. If the Booking request is subsequently accepted by the Host through Our Site, You will receive an automated email confirming the Host’s Booking confirmation and the Host’s relevant contact details, and Your relevant contact details will also be forwarded to the Host. The payment process described under Section 4 below will also apply upon receipt of a Booking confirmation.
8.3 Once such contact details have been provided, all communication for example, concerning details and information about the Booking and rental transaction, including, without limitation, arrival times and handling of keys, should be direct between You and the Host through Our Site as facilitated by Our Service where required/applicable.
8.4 You will be able to access details of Your Booking confirmation through Your Account.
8.5 Upon receipt of a Booking confirmation, Guests enter into a direct contract with the concerned Host. Hosts are not obliged to make any Property available until a Booking confirmation has been sent by the Host via the Site to Guests and a Guest is not guaranteed a Booking with a Host until payment has been made by the Guest subject to these Terms. However, upon issuing a Booking confirmation, Hosts shall be responsible for providing the accommodation referred to in the Booking confirmation.
8.6 If a Guest requests a Booking, they will be responsible and liable to pay the relevant Host in full the rental rate due for such Booking if accepted by the Host subject, in each case, to these Terms and any other Terms and conditions specific to the Booking as agreed between a Guest and their Host. In order to secure collection of such payment, Guests will be asked during the Booking process to provide payment card information and billing address. Pureholidayhomes.com Ltd will also obtain a pre-authorisation on Your payment card for the total amount of Your Booking request to ensure that You have the necessary amount of funds available to cover the transaction. If Your Booking request is accepted by the Host for the dates set out in Your request, the payment process described under Section C - clause 9 will apply. If a Booking request is refused, expires or is cancelled, any pre-authorisation of Your payment card will be released or as applicable, shall expire after a period of up to 30 days unless You contact Us to request an earlier release.
8.7 As a Guest, if You cancel Your Booking, the provisions and refund levels of Section C-clause 13 below will apply. Please note that no refunds will be provided after the last deadline set out in the cancellation policy selected by the concerned Host. Furthermore, Our Fees (as defined below) are non-refundable.
8.8 Any monies collected and received by Pureholidayhomes.com Ltd from Guests for Bookings made on the Site shall be held by Pureholidayhomes.com Ltd subject to a conditional obligation to transfer or account for such monies to Hosts less Our Fees.
9.1 Should You decide to book a stay with a Host and the rental transaction is concluded with such Host via the Site, You, as a Guest, acknowledge and agree that You shall be required to pay an amount equal to the fees displayed in the Host’s listing on Our Site and confirmed in each Booking confirmation as agreed with a Host. The fees displayed in a Host’s listing have three components: (1) the rental rate and any additional charges (included at the Host’s discretion) as solely determined and set by the Host (and not Pureholidayhomes.com Ltd) in respect of the rental transaction, plus any applicable taxes and VAT, (“Host Fee”) –please see clause 10 below for information on any additional charges (for example, cleaning fees) that a Host may have decided to charge and collect separately from the Host Fee; (2) a service fee, chargeable and disclosed to Hosts by Pureholidayhomes.com Ltd based upon a percentage (typically between 0% and 5%) of the Host Fee, in consideration of supplying Our Service to Hosts to the extent that such supplies enable such Hosts to connect and conclude transactions with Guests and which shall be added by way of a mark-up on top of the Host Fee; and (3) an administrative fee (typically between 10% and 15%) of the Host Fee and service fee, which fee shall be chargeable to a Guest and shall also be added to the Host Fee as payment to Pureholidayhomes.com Ltd for processing Guests’ payment for Bookings and various internal procedures linked to handling Guests’ forms of payment (the items at (2) and (3) collectively being Pureholidayhomes.com Ltd.’s "Fees"). Our Fees are non-refundable and exclusive of any applicable Taxes and VAT which may be charged in addition thereon, and shall be added to the Host Fee to calculate the total amount payable by the Guest for the stay.
9.2 Pureholidayhomes.com Ltd shall collect a payment from You equal to the Host Fee and Our Fees through the Site immediately when the Host accepts Your Booking and a Booking confirmation is sent to You by the Host which, as a Guest, You agree to pay for any Booking You have requested that is so accepted by the Host. As noted above, Hosts are required to either accept or reject Your Booking within 36 hours of Your Booking request.
9.3 Hosts set the currency in which they require payment. For Guests’ convenience, the Site can display prices in a choice of currencies. Such converted prices are for information only and Guests payment cards will be debited in the currency set by the relevant Host and Pureholidayhomes.com Ltd disclaims all or any liability in respect of any additional charges that may be charged to a Guest by his or her bank related to Our collection of the payment in the currency set by the relevant Host.
9.5 As a Guest, You hereby authorize and agree that Pureholidayhomes.com Ltd shall debit (whether directly or indirectly via a third party payment processor, subject to that third party’s Terms and conditions) Your payment card of the amount of the Host Fee plus Our Fees upon confirmation of Your Booking by the Host. You also agree to pay any other charges agreed with the Host before the Booking confirmation that weren't included in the payment when You arrive at the Property or as otherwise agreed with the Host. You will receive a further notification email for receipt of the payment.
9.6 The payment shall be taken by a debit of the Host Fee plus Our Fees from one of the acceptable payment methods listed on the Site, which may include debit and credit card (Eurocard/MasterCard, Visa, American Express or Diners Card) and such payment shall be taken in the currency set by the Host. Payments by cash or cheque are not accepted, and accordingly Pureholidayhomes.com Ltd cannot be held liable for any loss of cash or cheques. You will also be asked to provide customary billing information such as name, billing address and payment information. As a Guest, You agree to pay all fees and charges contained in the Host’s Booking confirmation as accessed through Your Account, irrespective of whether the Service was accessed by You or by a third party Using Your Account. It is Your responsibility to take all measures that are necessary to ensure that Your password remains secret and to prevent the Use or misuse of such password by any unauthorised person. You shall notify Pureholidayhomes.com Ltd promptly if You discover or suspect that Your password has become accessible to or has been mis-used by any unauthorised third party, so that We can block Your account.
9.7 In some circumstances, and in addition to the billing and payment information You provide under clause 9.6 above, We may require You to send Us some proof of Your identity. This can be requested at the time of Booking, during payment processing or at any other time thereafter (but before the check-in date). We reserve the right to cancel Your Booking if You do not provide such proof of identity when requested by Us.
As a Guest, in addition to these Terms (including Section 9 above), please refer to the Booking Terms which sets out further details of the Booking request process, the manner of collection of payment from Guests and Our fees. Guests are advised to carefully read the Booking Terms, the Booking summary page and the Booking confirmation, particularly in relation to the cancellation policy selected by the concerned Host.
12.1 As a Guest, You accept responsibility for the proper conduct of all members of Your party during Your stay at a Host’s listed Property. We shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) that You may incur as a result of Your stay being terminated early by the Host because of Your behaviour or the behaviour of members of Your party.
12.2 If You cause damage to a Host’s accommodation in which You are staying, You must fully reimburse the Host concerned for the cost of the damage. You must also indemnify Us for the full amount of any claim made against Us by the Host or any third party as a result.
13.1 If Guests want to change their Booking, such Guests will need to contact and communicate with their Host directly on such changes. Guests should note however that as they have previously agreed and accepted Terms with the Host in respect of the Booking, the Host is entitled to, and may therefore, charge Guests additional charges for such changes.
13.2 Guests can cancel their Booking at any time subject to and in accordance with the cancellation policy selected by the concerned Host and payments due under such policy in the event of a cancellation will be deducted from any refund to Guests and remitted by Us to Hosts (We will retain Our Fees, which are non-refundable). To cancel a Booking, Guests should send an email to Bookings@pureholidayhomes.com
13.3 Cancellation policies protect both Hosts and Guests in the event of cancellations. There are currently two cancellation policies that we advise a Host to choose from (see below) and the Host’s selected policy will be displayed in the Booking summary page and the Booking confirmation email. If the Host has chosen an individual policy the details of their cancellation policy will be displayed in the Booking summary page and the Booking confirmation email. Guests are advised to carefully read these Terms, the Booking summary page and the Booking confirmation, particularly in relation to the cancellation policy selected by the Host:
13.4 Hosts should not cancel confirmed Bookings but in the unlikely event we are informed by a Host that they wish to cancel, We will assist the Guest and the concerned Host in trying to arrange suitable alternative accommodation for the Guest including, for example, by putting the Guest in contact with another Host and/or by providing details of alternative listings, but in each and every case, We make no undertaking and shall not be under any obligation in such respect. As a Guest, You acknowledge and agree that Your payment (or applicable part thereof) shall be applied in relation to any confirmed alternative Booking request/accommodation, in accordance with these Terms. In the event no such alternative accommodation is or can be located and/or You do not accept the suitable alternative listed Property offered by the Host or by a new Host, Your payment will be refunded to You but no further payments or refunds will be made.
By Pureholidayhomes.com Ltd
13.5 A stated in clause 9.7 above, we reserve the right to cancel any Booking at any time for security or fraud-protection purposes. In such cases the cancellation policies will not apply, Hosts will receive no payment for the cancelled Booking and where payment has been taken, the Guest will receive a full refund on the card Used for the Booking.
For slightly negligent breach of Material contractual obligations - or “cardinal obligations” -Pureholidayhomes.com Ltd.’s liability shall be limited in the amount to the damage typically foreseeable at the time of the conclusion of the contract. Material contractual obligations (or “cardinal obligations”) are those obligations which put the User into exactly this legal position to which he shall be entitled pursuant to contents and purpose of the contractual Terms as well as such obligations, whose performance only will make possible proper performance of the contract and on whose full compliance the User regularly relies and is entitled to rely.
Pureholidayhomes.com Ltd accepts no liability for the slightly negligent breach of obligations other than those listed above.
Otherwise the User's statutory claims for damages remain unaffected unless they are limited by a contractual provision individually agreed by the parties.
The aforesaid limitation of liability shall not apply in cases of mandatory statutory liability (in particular under the Terms of the Product Liability Act (Produkthaftungsgesetz)), malicious concealment of a defect, on assumption of a guarantee or culpable personal injury by Pureholidayhomes.com Ltd.
The User undertakes to take appropriate steps to prevent and mitigate damage.
The Content and all other Material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We hereby exclude: (i) all conditions, warranties and other Terms which might otherwise be implied by statute, common law or the law of equity; and (ii) any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with the Site, any Websites linked to it and any Content and other Materials posted on it including loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and loss of goodwill, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect Our liability for death or personal injury arising from Our negligence, or Our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
15.1 BY USING THE SITE AND/OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM AT THE EXCLUSION OF PUREHOLIDAYHOMES.COM LTD TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a Material breach by You of these Terms or the Booking Terms including but not limited to fraud by You, We may, in Our discretion and without liability to You: (a) terminate Your access to Our Service; (b) deactivate or delete any of Your Accounts and all related information and files in such Accounts as well as Your Content; and (c) bar Your access to any of such files or Service. In addition, We reserve the right at any time and without any prior notice to remove or disable access to a listing of any holiday rental accommodation on the Site which in Pureholidayhomes.com Ltd.’s sole discretion considers to be objectionable, in violation or breach of these Terms or Booking Terms, or otherwise harmful to the Site and/or Services.
If any provision or part of a provision, of these Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part-provision will be struck out of these Terms and the remainder of these Terms will apply as if the offending provision or part-provision had never been agreed.
19.1 These Terms and all matters arising out of or relating to these Terms (including non-contractual disputes or claims and their interpretation) shall be governed by the laws of England and Wales to the extent that such law is not overridden by applicable mandatory law, for example local consumer protection laws applying to You.
19.2 Any claim or dispute arising out of or relating to these Terms shall (including non-contractual disputes or claims and their interpretation) be subject to the non-exclusive jurisdiction of the English courts. If You are a consumer, You may elect to bring a claim in the court of Your country instead.
If You have any questions about these Terms, please contact Pureholidayhomes.com Ltd at email@example.com