Welcome
to Disabled Holidays 4u.
By
using or accessing www.disabledholidays4u.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. If you do not fully agree to these Terms, you may not access or otherwise
use the Site.
1.
WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION.
We do not own nor can we enter into any contract concerning any service or
service listed on the Site. Instead, the Site acts as a venue to allow a member
of our Site (each, a "member") to offer for rent, or rent, in a
variety of pricing formats, a specific holiday service to potential renter
(each, a "traveller" and, collectively with a member, the
"users"). We are not involved in the actual transaction between
travellers and members. The ability of members to rent holiday services or the
ability of travellers to pay for holiday rental services is solely the
responsibility of the users.
As
a result, we have no control over the quality, safety or legality of the items advertised
the truth or accuracy of the listings or the ability of members to rent their services.
We cannot ensure that an owner or renter will complete the transaction.
2.
CANCELLATION BY SERVICE PROVIDER
Holidays listings with Disabled Holidays 4u can be cancelled at any time. Upon the
day of notification, the service will be cancelled within two weeks of the day
of notification.
Due
to the nature of our business, most of the work on our site occurs during the
first few days of listing. During this time we update several pages on our site,
submit your pages to the search engines, etc. Because of this and the fact that
we do not charge a setup fee, we do not offer refunds.
Cancelling a subscription before the maximum duration does not result to a
refund for any unused listing time. Natural disasters or sale of a company do
not take precedence over the conditions above.
3.
TRANSFER OF HOLIDAY SERVICE
Disabled Holidays 4u memberships are transferable upon the date of transfer of holiday
services (i.e. sold or transferred to a new owner). As such, if you transfer
your holiday service, supply us with the new owner's name and address, as well
as billing information. We will contact the new owner and continue service upon
their approval. There is a $25.00 transfer fee. If you wish to cancel your
service due to a sale or transfer, the cancellation policy above will apply.
4.
PROPERTY RIGHTS AND DOWNLOADING FROM THIS SITE
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. Copying or
storing of any content for other than for your personal, noncommercial use is
expressly prohibited without the prior written permission from us. As part of
the enquiry process, for your own personal, noncommercial use and not for
further distribution, you may download, display, and/or print copies of any
portion of the Site.
5.
CHANGES TO SITE; UNAVAILABILITY OF SITE
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.
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.
OUR PRIVACY POLICY AND EMAIL MARKETING TO YOU
By becoming a user, you agree to receive emailed marketing communications from
us. Each of those emailed marketing communications will, in line with
prevailing law, give the user the opportunity of opting-out of receiving future
similar communications.
7.
LIMITATIONS OF USE OF OTHER USER’S INFORMATION; NO SPAM
We do not tolerate spam. Therefore, without limiting the foregoing, you are not
licensed to add a Site user, even a user who has booked a holiday service from
you or to you, to your mailing list (email or physical mail) without the user's
express consent.
Disabled
Holidays 4u reserves the right to cancel services to those who violate this
policy by engaging in Unsolicited Commercial Emails via Disabled Holidays 4u
site or by using its information. Additionally, unauthorized use of information
used by third parties will be subject to copyright law violations and will be
subject to criminal prosecution.
8.
RESPONSIBILITY FOR CONTENT
Disabled Holidays 4u is not responsible for any of the information listed in the
Site. Renters are responsible to confirm information before enlisting services.
Members are responsible to qualify all renters before entering into a contract.
We are not liable for any claim between Renters and Members.
Disabled
Holidays 4u and its owners, employees or contract workers are not responsible
for the accuracy or content of the information provided throughout this
website. Members are solely responsible for keeping their services information
up to date on the Site. Therefore we do not represent or warrant that any of the
content, service location, suitability, pricing or availability information
published on the Site is accurate or up-to-date.
9.
DISCLAIMER
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. 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.
You
acknowledge that any transmission to and from this Site is not confidential and
your communications may be read by others.
10.
CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed in accordance with the laws
of Portugal and subject to the non-exclusive jurisdiction of the Portuguese
courts.
11.
NOTIFICATION OF INFRINGING CONTENT
If you see or experience any user-contributed or other content, activity or
communication through or in connection with the Site, that appears to infringe
any requirement of these Terms, we would like you to inform us. We rely upon
users to notify us of infringing content, activity and communications.
12.
AMENDMENTS
We reserve the right to change these Terms from time to time, and post the new
version of these Terms.
13.
CONTENT, LAYOUT AND COPY
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.
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, services, 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.
PHOTOGRAPHS AND COPYRIGHT GRANT
By submitting a photograph either electronically through the Site or by mailing
a paper photograph to our offices, the member represents and warrants that (a)
(i) it holds all intellectual service rights with respect to each submitted
photograph, or (ii) it has secured from the copyright holder all rights
necessary for the photograph to be used in an online advertisement, (b) that
any people in the photograph have given permission for their likeness to be
displayed in an online advertisement.
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
service or the promotion of the Site.
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.
HYPERTEXT LINKS
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.
16.
TERMINATION OF ADVERTISING
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.
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 service from the Site without refund.
If
we become aware of or receive a complaint from any person or entity regarding a
member's listing or rental practices that, in our reasonable discretion,
warrants the immediate removal of such member's allegedly offensive listing
from the Site (for example, and without limitation, if a member double-books a service
for multiple travellers on the same date, or engages in any practice that, in
our reasonable discretion, would be considered unfair within the holiday rental
industry, or if we receive a complaint that any listing's content infringes on
the rights of a third party), then we may immediately remove the allegedly
offensive listing from the Site without notice to the member and without refund
while we investigate the basis for the complaint. If we conclude, in our reasonable
discretion, that any such complaint is meritorious, then we may permanently
remove the offensive listing from the site without notice to the member and
without refund.
17.
FEEDBACK
To ensure the integrity of the Disabled Holidays 4u website, we would greatly
appreciate any feedback you might like to provide us regarding your positive or
negative experience with our vacation rental listings. You may send feedback
via our contact form, clicking here
