Terms and Conditions

Welcome to villabazaar.net

By visiting, accessing or using the site, you acknowledge that you are subject to these  terms and conditions which also include our privacy policy and the details contained in our “charges” page and “contact us” page. You should read through the Terms carefully; they constitute a legally binding agreement. You are contracting with Villabazaar Ltd. If you do not fully agree to these Terms, you may not access or otherwise use the Site.
Glossary
“We” or “Us”: Villabazaar Ltd
“The Site” The www.villabazaar.net website.
“The Terms”: these terms and conditions together with where applicable our privacy policy, charges details and contact us details.
“Member(s)”: Property owners or the legally appointed representative of a property.
“Users”: Collectively the members and traveller’s using the site to find holiday accommodation.

These Terms were last updated on September 16th 2008 and supersede any previously published versions with effect from that date.

1.  The Role of The Site in Rental Transactions.
1.1. The Site acts as a venue to allow members to offer for rent a specific holiday rental property to potential registered renters (travellers) and for members and travellers to agree a price for a specific rental period for a specific property by way of an anonymous quoting system.
1.2. We are not involved in the actual transaction between travellers and members. We do not own or legally represent any of the properties nor can we enter into any contract concerning any property listed on the Site.
1.3. As a result, the quality, safety or legality of the properties listed, the truth or accuracy of the listings, the ability of members to rent holiday property or the ability of travellers to pay for holiday rental properties are solely the responsibility of the users.

2. The Property Listing & Quoting Process.

2.1. All property descriptions will be reviewed by us prior to publication & we reserve the right to refuse to publish any property listing if it feels fit to do so without giving a reason to the owner. We will only charge a registration fee for properties that are published.
2.2. Members may not include contact details such as (but not limited to) name, address, telephone number email address or website URLs in their property description.
2.3. We reserve the right to make minor editorial changes to property descriptions prior to publication without consultation with the member and these may include (but are not limited to): correction of spelling in location details to ensure database search accuracy, deletion of inappropriate images, deletion of inappropriate words, deletion of contact details which we deem to be contrary to 2.2 above.
2.4. We reserve the right to request changes to a listing by the member prior to publication.
2.5. Each current or prospective member expressly agrees to release and hold us harmless from any loss or liability that may arise from decisions made by us under these terms & conditions.
2.6. A member is not obliged to make a quote for any of the enquiries that match their property.
2.7. Members may increase, reduce or withdraw a quote at any time prior to confirming that quote to a traveller who has accepted it.
2.8. A traveller is not obliged to accept any of the quotes made for their enquiry by members. Furthermore the traveller is not obliged to accept the lowest quote made for their enquiry. Rather they are free to choose whichever quote they feel represents the best offer taking account of the price offered and the features & facilities of the property concerned.
2.9. A traveller may modify or withdraw their enquiry at any time prior to accepting a quote from a member with the exception that the dates of an enquiry cannot be changed.
2.10. In the event that a traveller wishes to change the dates of an enquiry they should withdraw the original enquiry and create a new one.
2.11. 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 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. We do not represent or warrant that any of the copy, content, testimonials, property location, suitability, or other related information published on the Site is accurate or up-to-date even in the case where prospective travellers have enquired about specific types of properties in specific locations. 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.
2.12. The member represents and warrants that for all photographs submitted o the site: (i) the photograph represents the property described in the listing or some aspect(s) of its location or facilities, (ii) the photograph has not been altered in a way that would mislead a viewer of that photograph, (iii) that any people in the photograph have given permission for it to be used in an online advertisement and (iv) that they hold all intellectual property rights with respect to each submitted photograph or have secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement.

3. Quoted Price Agreement

3.1. The actions of accepting a quote (by a traveller) and subsequent confirmation of that quote (by a member) do not constitute a legally binding contract; the price agreed should be considered as being "subject to contractual terms being agreed between the traveller and the member".

4. Payment by Users and Services Supplied by Villabazaar Ltd

4.1. There is no limit to the number of properties that a member may list. In the event that the site charges a member a fee for property registration we agree, upon payment of such fee, to list one property for the period of time specified at the time of charging which can be found on our charges page. A further charge will be made for each subsequent property listed by the same registered member according to our prevailing price list and again, upon payment of such fee, each subsequent property will be listed for the period of time specified at the time of charging.
4.2.  In the event that the site charges members a fee when they confirm an accepted quote Villabazaar will upon payment of such fee supply to the member the contact details of the traveller who accepted their quote and will supply to the traveller who accepted the quote the contact details of the member. Contact details will be supplied immediately upon receipt of payment by the member.
4.3. In the event that the site charges travellers a fee for accepting a quote we will take a deferred payment by credit, charge or debit card and will only confirm that charge and take payment from the traveller upon confirmation of said quote by the owner.
4.4. Contact details supplied shall be limited to those details as supplied by the traveller & member at the time they register with the site and shall where possible include name, email address, telephone number and broad geographic location but will not include full postal address details.
4.5. Whilst we endeavour to ensure member & traveller details are accurate we take no responsibility for the accuracy of contact details supplied to travellers & members. We cannot and do not confirm each user's purported identity. In the event that a price is agreed between traveller and member we encourage both parties to communicate directly with each other prior to entering into any legally binding agreement.
4.6. Property registrations are non-transferrable and the registration fee is paid specifically for the registration of one uniquely identifiable property at one address. The property in a listing may not be substituted by another property. If a member submits changes to an existing listing that would substantially alter the listing to make it that of another property we have the right to terminate the listing and to retain any fees associated with the term of the previously existing listing.
4.7. In the event that a member withdraws or un-publishes a property prior to the end of the subscription period no refund will be made.

5. Personal Use.

5.1. Although we do charge a fee to members to use the Site, we do not charge travellers to access the Site and submit holiday enquiries. Accordingly, we grant users a limited, revocable, non-exclusive license to access the Site to, as applicable, submit holiday enquiries, register property details, make bids for enquiries, accept bids from property owners (or legally appointed representatives of properties) and confirm bids for particular holiday rental properties for the personal use of travellers, all in accordance with these Terms.
5.2. Any other use of the Site is expressly prohibited. Importantly, this license does not include any right of collection, copying, duplication, aggregation, 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.
5.3. A  limited exception from 5.2 above 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. This exception does not apply to any website or search engine or other service that provides 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. Proprietary Rights and Downloading of Information from the Site.

6.1. The content of the site, including but not limited to, the text, files, images, photos, maps and other materials on the Site (collectively, the "content") is provided only for your personal use. All content on the Site, and the Site itself, is protected by copyright and database rights. Copying or storing of any content other than for your personal, non commercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder.
6.2. You may download and/or print one (1) copy of any portion of the Site. You may not modify the same, and you must clearly display "© Villabazaar Ltd 2008" as displayed on the relevant portion(s) of the Site that you desire to download, display or print.

7. Unauthorized Use.

7.1. 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 make enquiries about holiday rentals and to make legitimate quotes for enquiries and/or legitimately accept quotes from 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, libellous, 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 offence, 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.

8. Changes to Site; Unavailability of Site.

8.1. 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 the entire Site for similar reasons.
8.2. 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.

9. Your E-mail Address and Our Privacy Policy.

9.1. We will not pass your email address to any third party other than villabazaar group companies. In the event that we use your email address to communicate developments at villabazaar 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 the way we collect and use your personal information. Your use of the Site signifies your acknowledgement of and agreement with our Privacy Policy.

10. Data Transmittal

10.1. From time to time it may be necessary for us to use computer systems and third parties to process your data on our behalf which are based in other countries. Thus, your personal data may be transferred to, processed and held both inside and outside the EU. Please note that countries outside the EU may not have as well developed data protection laws in place to protect your information as those inside the EU, but we will nevertheless ensure your personal data is treated in compliance with applicable law, these Terms and our Privacy Policy. Further details of the companies and countries involved will be provided on written request, by writing to our postal address set out in these Terms & the contact us pages of this site.

11. Limitations to the Use of Other Users’ Contact Details.

11.1. When you receive contact details of another user as the result of accepting and /or confirming a quote you agree that you will only use those contact details for communications concerning the specific holiday enquiry for which we have released those contact details unless a user expressly agrees to you using their details for other purposes after you tell them the purpose you would like to use it for.
11.2. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them.
11.3. Under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user.
11.4. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users' personal information with the same degree of care that you protect your own confidential information, and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
11.5. You may not add a Site user’s contact details obtained from the site, even a user who has rented a holiday property from you or to you, to your mailing list (email or physical mail) without the user's express consent.

12. Links to other sites.

12.1. This Site may contain links and pointers to other Internet sites. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third-party sites or the contents thereof.

13. Design of the Site.

13.1. We reserve the right to determine the design, layout, content and functionality of our Site and to amend such at any time without prior notice to users.
13.2. 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.
13.3. 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.
 
14. Grant of copyright to Villabazaar Ltd

14.1. If you are a member, by accepting these Terms and by paying for and 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 company, Villabazaar  Ltd, 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 redistributi on. 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.
14.2. 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.
14.3. 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

15. Ability of a Member to make a contract.

15.1. The site 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.
15.2. 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.
15.3. Each member further agrees to provide notice to the Site by email to support@villabazaar.net regarding any updates to any such contact information previously submitted by member to the Site.

16.  Limitation of Liability.

16.1. In no event will the Site, Villabazaar Ltd, subsidiaries, affiliates, officers, directors and/or employees (collectively, the “Villabazaar Group”) be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from our Site, these Terms, your use of the Site and/or any transaction between users, even if we have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the Site, you do not agree with any part of these Terms, then your sole and exclusive remedy against us is to discontinue using the Site. In all events, our liability, and the liability of any member of the Villabazaar Group, to you or an y third party in any circumstance arising out of or in connection with the Site is limited to the greater of (a) the amount of fees you pay to us in the six months prior to the action giving rise to liability, and (b) £50.00 in the aggregate. Nothing in these Terms shall exclude or restrict our liability for death or personal injury resulting from our negligence; nor for our fraud or our fraudulent misrepresentation.

17. Disclaimer.

17.1. 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 serv er 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.
17.2. You acknowledge that any transmission to and from this Site is not confidential and your communications may be read or intercepted by others.

18. Release.

18.1. In the event that you have a dispute with one or more other users (including, without limitation, any dispute between users regarding any transaction or user-contributed content), you hereby agree to release and discharge us from all liabilities, claims and expenses which arise out of or in connection with that dispute.

19. Indemnity.

19.1. You agree to indemnify any member of the Villabazaar Group against all liabilities, claims and expenses (including reasonable legal fees) that may arise out of or in connection with (a) any breach of these Terms by you or through a machine on which you access the Site; (b) any of your user-contributed content infringing these Terms or the rights of any person or entity; or (c) any rental or other property-related transaction to which you are party or that is entered into in connection with this Site.
19.2. If any claim is made against us that you indemnify us for under Clause 16.1, then we will have the right to conduct its defence and settlement, but we will take reasonable account of any representations you make to us as to such defence and settlement.

20. Choice of Law and Forum.

20.1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.

21. No Agency.

21.1. Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.

22. These Terms & Conditions.

22.1. We reserve the right to change these Terms & Conditions  from time to time, and for the amended Terms & Conditions to take place with immediate effect.
22.2. In the event that users find any such amended Terms & Conditions unacceptable their sole recourse is to stop using the site and they should do so immediately. Continued use of the site shall be deemed to indicate acceptance of the revised Terms & Conditions.
22.3. We do not individually record the Terms & Conditions entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
22.4. These Terms are intended to constitute the entire agreement between us and you with respect to your use of the Site. We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms or other unauthorized use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall deemed severed, and the remainder of these Terms shall continue in full force and effect.

23. Termination of Advertising.

23.1. If any member submits material to our Site or into our database which we consider unsuitable, 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.
23.2. If we become aware of or receive a complaint about a member with regard to their listing or rental procedures we reserve the right to remove that listing from the Site without notice to the member and without refund while we investigate the complaint. In the event that we find that the complaint has reasonable basis then we reserve the right to permanently remove the  listing from the site without notice to the member and without refund.
23.3. 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.

24. Distance Selling.

24.1  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.