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Terms of Use


(1) Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

If you submit a property or establishment to our website and/or register with our website, we will ask you to expressly agree to these terms of use.
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

Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy



(2) Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or sub-license material from the website;

(c) show any material from the website in public;

(d) edit or otherwise modify any material on the website [(other than editing your own classified advertisements using our website interface)];

[(e) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or]

[(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.



(3) Listing on our website

We provide a forum for property owners (to be described as ‘owners’ for the remainder of this agreement) to advertise their property for rental to persons visiting the website. We are not party to the sale/purchase/rental of accommodation or related services advertised on this website, and accordingly we will not be liable to any person in relation to any item. Listings of this nature will be known as ‘owner listings’ for the purpose of the website and these terms of use.

All bookings, enquiries and other communications which constitute ‘owner listings’ are made directly between the owners and the person(s) concerned. All contracts for the rental of any properties are entered into directly between the owners and the person(s) making the booking. We do not have any involvement in and are not a party to any booking or contract for the rental of any property or otherwise. We are not the agent of any owner. We have no responsibility for the acts, defaults, omissions, errors, breach of contract, negligence, misrepresentation or other fault or failings of any description on the part of any owner(s) or other third party.

In addition, we advertise properties and related services on our website via our network of affiliate partners. We may earn a fee should you make a booking via one of these partners. You acknowledge that :

* We do not check, audit, monitor or control : the identity , credit worthiness or bona fides of our affiliate partners or third party merchants ; the security of our affiliate partners or third party merchants websites or the accuracy of the information published on our affiliate partners or third party merchant websites

* We are not party to any contract for the sale or purchase of goods or any booking made between you and our affiliate partners or third party merchants

and accordingly we will not be liable to you in relation to any loss or damage arising out of any third party merchant website, any information supplied by a third party merchant, any offer made by a third party merchant, or any contract between you and a third party merchant.

Furthermore, we are not responsible for the enforcement of any obligations arising out of a contract between you and a third party merchant, and we will have no obligation to mediate between the parties to any such contract. You will be subject to the terms and conditions of our affiliate partner or third party merchants when making a booking via this method, including their cancellation policies.

The provisions of this Section are subject to the first paragraph of Section [10].

By loading material relating to a property onto this website as an owner listing, 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 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.

Property and related services submitted to our website must not constitute an advertisement for any product or service that:

(a) breaches any applicable laws, regulations or codes, or infringes any third party intellectual property rights or other rights, or gives rise to a cause of action against any person in any jurisdiction;

[(b) consists of or contains material that would, if published on our website by you, contravene the provisions of Section [7]

[(c) is or relates to: (i) drugs, narcotics, steroids or controlled substances; (ii) pornography; (iii) obscene, indecent or sexually explicit materials; (iv) knives, swords, firearms or other weapons; (v) ammunition for any weapon; (vii) items that encourage or facilitate criminal acts or civil wrongs; or (vii) items that encourage or facilitate the infringement of any intellectual property right; or]

Your listings must comply with the “acceptable use” and “submissions” provisions below.

If you make a submission, you will be asked to choose a user ID and password. You must ensure that your user ID and password are kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. You must not use any other person's user ID and password to access our website, unless you have that person's express permission to do so. We may disable your user ID and password in our sole discretion without notice or explanation.

You must keep your listings up-to-date using our website interface.

Listings that are submitted will be individually reviewed within 48 hours following receipt before being listed on our site.

Without prejudice to our other rights under these terms of use, we reserve the right to reject or delete submissions that in our reasonable opinion breach these terms of use or that do not in our reasonable opinion meet the additional guidelines for submissions published on our website. If we reject or delete a submission on either basis, we will not refund any applicable charges.

If we accept your listing then, it will remain published on our website for a period of one year subject to termination or deletion in accordance with these terms of use. Shortly before a period of one year has elapsed we will contact you to discuss the renewal of your listing.

We will not file a copy of these terms of use specifically in relation to each submission and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that you print and file a copy of these terms of use for future reference.

These terms of use are provided in the English language only.

The applicable listing submission charges will be as set out on our website from time to time.

You must pay to us the submission charges in respect of a submission in advance via our merchant provider.



VAT

Our services provided for owner listings fall within Schedule 5 of the VAT Act 1994 and therefore the Advertiser is required to account for any VAT (or equivalent) due in their own member state/country.

We are legally required to charge VAT on our fees at 20% to Advertisers who are either resident in the UK or who are private individuals resident in the EU.

If you are an Advertiser resident outside the EU, VAT will not be charged as our services are outside the scope of UK VAT when provided to you.

If you are an EU resident Advertiser (except in the UK) and if you confirm that you are "in business", we will not charge UK VAT on our fees.

In business", for this purpose, means that you rent property on a regular basis to generate income.
EU residents (except UK)
By confirming you are "in business" you may be required to account for VAT on our fees in your local jurisdiction. Residency is interpreted for VAT purposes as the country where the individual has set up home and is in employment.
Please note that all Advertisers, whether they are in business or not, are responsible for charging and accounting to the relevant authorities for taxes (including, where relevant, VAT) on the rental payments they receive

We may vary submission charges from time to time by posting new charges on our website. However, such variations will not affect submissions that have already been paid for.

If you list a property on our site as an owner you may cancel an order for a at any time within 7 working days, beginning on the day after the contract for publication of the advertisement comes into force, providing that the classified advertisement has not been published during that period. If you cancel a classified advertisement in accordance with this provision, you will receive a full refund of the submission charges paid. We will usually refund any money using the same method as you used to pay the charges. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we receive your valid notice of cancellation. The notice of cancellation should be sent to the address or email address given in Section [23] below.



(4) Responsibility for website material

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 owners and our affiliate partners and is the sole responsibility of the property owners and affiliate partner. 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. 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.



(5) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use data collected from our website to contact individuals or companies or other organisations for any reason (other than for the purpose of a bona fide response to a listing on our site.

You must not use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)



(6) Submissions

In these terms of use, “your submissions” means all material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website as part of a listing, or that you submit to our website using any other website feature.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your submissions in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that your user content will comply with these terms of use.

Your submissions must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your submissions (and their publication on our website) must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy, or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

[(l) depict violence

[(m) be pornographic or sexually explicit

[(n) be untrue, false, inaccurate or misleading;

[(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;]

[(p) constitute spam;

[(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or

[(r) cause annoyance, inconvenience or needless anxiety to any person.

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit to our website any submissions that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user submissions, we do not undertake to monitor the submissions, or the publication of the submissions on our website.



(7) Discontinuing services

We reserve the right to discontinue our listing services (and the publication of our website) at any time in our sole discretion with or without notice.

If:
(a) you have paid for a listing ;

(b) your listing has been (or would have been) accepted in accordance with these terms of use; and

(c) we discontinue the listing service;

we will refund to you such portion of your payment as related to any period after the discontinuance of the services.

Save as provided in this Section [8] and in the final paragraph of Section [5], you will not be entitled to any refund upon the discontinuance of our services.



(8) Limited warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

You acknowledge that:

(a) we do not confirm the identity of advertisers or buyers, check the credit worthiness or bona fides of advertisers or buyers, or otherwise vet advertisers or buyers;

(b) we do not check, audit or monitor the information contained in owner or affiliate listings

(c) we are not party to the sale or purchase of goods or services advertised on the website, or any bookings made via this website

(d) we are not involved in any transaction between advertisers and buyers in any way; and

(e) we are not the agents for any advertisers or buyers;

and accordingly we will not be liable to any person, whether acting as advertiser or buyer or otherwise, in relation to the offer for sale/purchase/rental of any goods or services advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale/purchase/rental of any goods or services and we will have no obligation to mediate between parties to any such contract.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).



(9) Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these terms of use.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.]

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

In all events, our liability, and the liability of any member of staff or officer of our company, to you or any third party in any circumstance arising out of or in connection with the site is limited to £50 ( 50 British pounds ) in the aggregate for all claims.

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.



(10) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use].#



(11) Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to the website;

(c) permanently prohibit you from accessing the website;

(d) block computers using your IP address from accessing the website;

(e) contact your internet services provider and request that they block your access to the website;

(f) bring court proceedings against you for breach of contract or otherwise;

(g) delete and/or edit any or all of your listings or website submissions; and/or

[(h) suspend and/or delete your account with the website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).



(12) Competitions

From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).



(13) Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.



(14) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent – providing where you contract with us as a consumer that such action will not reduce the guarantees benefiting you under these terms of use.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.



(15) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.



(16) Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.



(17) Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.



(18) Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.



(19) Our details

The full name of our company is SJ Holidays Limited

We are registered in England & Wales under registration number 07417744

Our VAT number is 101187361

Our registered address is 20 Simmil Road, Esher, Surrey, KT10 0RT, United Kingdom.

You can contact us by email on admin@nights-away.com