Terms and Conditions of UseWelcome to abeachholiday.com! By using or accessing abeachholiday.com (the "Site"), you acknowledge that you are subject to the following terms and conditions (the "Terms").
You should read through the Terms carefully; they constitute a legally binding agreement. You are contracting with abeachholiday Services ("we" "our" or "us"). If you do not fully agree to these Terms, you may
not access or otherwise use the Site. We may, in its sole discretion, modify or revise these Terms at any time by updating its Terms and Conditions of use policy. You are bound by any such
modification or revision and should therefore visit our Terms and Conditions of Use policy frequently to review the Terms.
These Terms apply from September 2009.
1. Use of Material
1.1 This Site and other abeachholiday.com publications (collectively, "Publications") offered by the Site are for your personal and non-commercial use.
1.2. As a condition of your use of this Site and the Publications, you warrant to Us that you will not use this Site or the Publications for any purpose that is unlawful or prohibited by
these Terms of Use.
1.3. All contents of this Site and the Publications are: Copyright (c) 2008-2012 abeachholiday Services and/or its suppliers. You may not reproduce, copy or redistribute the design, content or layout of the Site or
the Publications, individual elements of the Web site design, abeachholiday logos or other logos appearing on this Site, photographs, and graphics, without the express written permission of Us. All other Us, product or service names referenced in this
Site are used for identification purposes only and may be trademarks or service marks of their respective owners.
2. Personal Use.
2.1. We do not charge travellers to access the Site and research listings. Accordingly, we grant users a limited, revocable, non-exclusive license to access the Site to,
as applicable, advertise holiday properties and/or research. Importantly, this license 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 and comply with our robots.txt file. "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.
3. Proprietary Rights and Downloading of Information From the Site.
3.1. The text, files, images, photos, maps and other materials on the Site (collectively, the "content") are only for your personal use. All content on the Site, and the Site itself, is protected by
copyright and database rights, and you will abide by any and all additional copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying or storing of any content for other than for your personal,
noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder.
4. Unauthorized Use.
4.1. Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:
* Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
* Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to
enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
* Modify, translate into any language or computer language, or create derivative works from, any content or any part of this Site;
* Reverse engineer any part of this Site, save to the extent expressly permitted by applicable law;
* Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
* Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
* Use the Site other than to advertise and/or research holidays and to make legitimate enquiries to our members;
* Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
* Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material or any material that
could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;
* Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
* Use or access the Site in any way that adversely affects the performance or function of the Site, or any other computer systems or networks used by us or the Site, or infringes on our copyright
or any copyright of our members;
* Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of publicity or privacy or any other proprietary rights;
* Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or
attempt to interfere with, or intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or
that infringes upon the rights of any third party; or
* Disguise the origin of the information transmitted through the Site.
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by
contacting us
5. Changes to Site; Unavailability of Site.
5.1. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content, where we have legal, commercial or technical
reasons to do so. We may also impose limits on certain features or services or restrict your access to parts or all of the Site for similar reasons.
5.2. There may also be times when the Site becomes inaccessible as a result of technical difficulties experienced by us or on the Internet. We will, however, use reasonable skill and care to
overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the Site or any of its specific features.
6. Your E-mail Address and Our Privacy Policy.
6.1. We encourage you to tell us how you wish us to use your personal data for marketing of services and products to you. Therefore, in line with prevailing law, we give you the opportunity
to opt to receive emailed marketing communications from us or third parties in relation to our or those third parties' services and products that we think may be of interest to you; each such
communication will give you the opportunity of opting-out of receiving future similar communications. Please review our Privacy Policy for more information regarding our information collection
practices and safeguards. Your use of the Site signifies your acknowledgement of and agreement with our Privacy Policy.
7. Responsibility for user-contributed content.
7.1. We have no duty to pre-screen content posted on the Site by members, travellers or other users (including, without limitation, reviews for any particular rental property), (collectively,
"user-contributed content"), and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from,
any user-contributed content that fails to meet our content requirements. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user
under Clause 4 or 11 of these Terms or by a third party, that Clause 4 of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in
respect of that user-contributed content.
7.2. All property listings on the Site are submitted by the member and are the responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of
the listings, property reviews, guest book entries, or any alleged breaches of contract on a member's part. Members are solely responsible for keeping their property information up to date on
the Site, including, but not limited to any and all representations about any property, its amenities, location, and its availability for a specific date or range of dates. We do not represent or
warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in
the case where prospective travellers have searched for specific special offers, dates, or types of properties. Members are solely responsible for ensuring the accuracy of any property descriptions.
However, we reserve the right at all times to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request.
8. Limitation of Liability.
8.1. THE INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE AND/OR THE PUBLICATIONS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
ABEACHHOLIDAY SERVICES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.
ABEACHHOLIDAY SERVICES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS AND SERVICES CONTAINED ON OR OBTAINED THROUGH THIS SITE AND/OR THE PUBLICATIONS FOR ANY
PURPOSE, OR THE RESULTS THAT MAY BE OBTAINED FROM USING THE SITE AND/OR THE PUBLICATIONS. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ABEACHHOLIDAY
SERVICES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ABEACHHOLIDAY SERVICES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE AND/OR THE PUBLICATIONS OR WITH THE DELAY OF OR INABILITY TO USE THIS SITE AND/OR THE PUBLICATIONS, OR FOR ANY INFORMATION,
PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE AND/OR THE PUBLICATIONS OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE OR THE PUBLICATIONS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF ABEACHHOLIDAY SERVICES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
abeachholiday.com is a holiday search service and information provider. We do not sell travel products or services. We help you search for travel products and services and link you to third-party
sites that may offer the products and services you seek. We also provide you with information about third-party travel suppliers' offers, and we link you to their sites. At the time we publish this
information, it is valid. However, we have no control over the suppliers, and we therefore do not warrant or guarantee that their offers will not change or become unavailable. Nor are we
responsible for their products, services or site content. Please see their sites for their most up-to-date offer information and all applicable terms and conditions.
9. Disclaimer.
9.1. We warrant that the Site will be provided with reasonable care and skill with the intention of meeting our technical specifications for the Site, but we cannot and do not guarantee
that the Site will meet your requirements, including (without limitation) as to the availability or speed of delivery of the Site, any of its features of content, any communication through or
relating to the Site, or any transaction you may enter into with other users. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms
relating to the Site or any of its content, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of our fraud or our fraudulent
misrepresentation, or where such exclusion is not permitted by law. We do not warrant that the functions of the Site or any materials or content contained therein will be uninterrupted or error free,
that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components, although we will take reasonable steps to avoid ourselves
introducing viruses or other harmful components to the Site.
9.2. You acknowledge that any transmission to and from this Site is not confidential and your communications may be read or intercepted by others.
10. Member Eligibility; Accuracy of Information.
10.1. Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering on behalf of an incorporated or unincorporated entity, you represent
that you have the authority to bind the entity to this Agreement.
10.2. Each member further represents and covenants that any information submitted to the Site during such member's registration with the Site shall be true and correct. Member further agrees to
provide notice to the Site online at Customer Support regarding any updates to any such contact information previously submitted by member to the Site.
10.3. Each member further represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such member; (ii) it will
not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) that it will accurately describe the subject rental property and will not fail to disclose a
material defect in a rental property; (iv) that it will not wrongfully deny access to the listed property; and (v) that it will not fail to provide a refund when due in accordance with the
underlying rental agreement. Upon our request, each member agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with
the property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property as we may request.
11. Content, Layout and Copy.
11.1. We reserve the right to determine the design, layout and functionality of our Site.
11.2. We reserve the right to review and edit copy or amend the content, layouts or photographs supplied by any member. All content and copy edits submitted by members are subject to review and approval by us.
11.3. Notwithstanding our right to edit and amend the content, copy and photographs, we do not accept 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 or edited or amended by us.
12. Copyright Grant.
12.1. If you are a member, by accepting these Terms and by paying for and or 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 its holding Us, abeachholiday, 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. 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. 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 such member.
12.2. 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.
12.3. It is the member's responsibility to obtain reproduction permission for all photographic and other material used in their listings. The member warrants that he is the owner of the copyright
in such material or is authorized by the owner thereof to grant to us the rights therein contained.
13. Hypertext Links.
13.1. 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. Further, we reserve the
right to charge for hypertext links at any time.
14. Termination of Advertising
14.1. We reserve the right to refuse any listing submitted to us either through our online submission process or sent to our offices for us to load or post onto the Site. We may refuse to publish the
listing for any reason, and each current or prospective member expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.
14.2. If, in our reasonable discretion, any member submits unsuitable material to our Site or into our database, persistently misuses the Site or our online systems, or is in material breach of
these Terms, we reserve the right to remove immediately such member's property from the Site without refund.
14.3. If any member is in breach of these Terms or its obligations to us then we may immediately remove such member's listing from the Site without notice to the member and without refund.