General Terms of Use

Whether you are a property owner or agent for property owners (an "Advertiser") placing advertisements on www.holidaylettings.co.uk ("our site") or a person using our site other than to advertise holiday homes (a "Holidaymaker"), by accessing or using our site you agree to be bound by these terms and conditions ("Terms of Use") in relation to both Advertisers and Holidaymakers use of our site.

Please read the Terms of Use thoroughly before using our site. By using our site, you indicate that you accept the Terms of Use. Please do not use our site if you do not agree to the Terms of Use.

Information about us

Our site is operated by Holiday Lettings Limited, trading as holidaylettings.co.uk ("we", "us", "our"). We are registered in England and Wales under company number 5282912 and have our registered office at 7 Soho Square, London, W1D 3QB, UK.

We are the data controller for the purpose of the Data Protection Act 1998 and we will be bound by the Privacy Policy in relation to the storage and use of your personal data.

We are an advertising service for Advertisers and an accommodation search facility for Holidaymakers. We do not own, inspect or provide content for any of the properties advertised on our site. The one qualification is our special photography service for Advertisers. Where you see photographs or videos displaying the words ’Visited by Holiday Lettings’, these have been taken by photographers working for or in conjunction with us, as a result of the Advertiser commissioning such service from us. However, although we may provide the photograph or video, we do not warrant that we have conducted any inspection of the property. Advertiser shall be responsible for ensuring that it has all necessary rights, licences and authorisations to rent property.

Except in relation to adverts allowing online booking where we may act as an agent in order to facilitate payments to enable transactions between Advertiser and Holidaymaker, we have absolutely no involvement in the booking process or transaction. We make no claims as to the quality, safety or legality of any of the properties advertised. Neither can we confirm the accuracy of the advertisements or their content. It is the sole responsibility of the Advertiser to be eligible to rent the property and the sole responsibility of the Holidaymaker to pay for the rental.

Material on our site

All copyright, database rights, trade marks and design rights in our site and in the material published on it belong to us, our licensors or our Advertisers.

You may download material from our site for the sole purpose of using our site, but you must not copy, transmit, modify, republish, save, pass off or link to any content or material on our site without our prior written consent.

You may forward material from our site to third parties by using the ’Send to Friend’ tool. By using this tool you confirm that you have obtained prior consent to receiving material from our site from any third parties to whom you send material.

Advertisers, Holidaymakers or any other person shall not use our site for any marketing or advertising purposes which are not permitted by us. Any such use of our site shall, in our discretion, result in us refusing to list any property and/or discontinuing the ability of the person infringing this provision from using our site.

Your safety

Consideration should always be given to the nature of advertisements and contracts transacted on the Internet, and the risks involved. Direct contact between Advertisers and Holidaymakers in relation to a booking may not occur and so you must therefore proceed with care and judgement when using our site.

Claims

Any contract for the rental of any property listed on our site is directly between an Advertiser and a Holidaymaker (each a "Booking Contract") and we are not a party to that contract.

In recognition of this, you acknowledge that any claim you may have that is in any way connected with a dispute you have with an Advertiser on our site must be brought directly against that Advertiser and not against us.

We may provide an online payment platform, giving you the ability to make online payments to Advertisers via PayPal, credit card, debit card or other payment options. We may change or withdraw such platform at any time without notice in our sole discretion.

If you make a booking using our online payment platform, you agree to the terms of the booking contract with the Advertiser (which includes the Advertiser’s cancellation policy published on the listing), these General Terms of Use and our Privacy Policy, together with our Chargeback Policy. If you make a payment through Holiday Lettings and you later dispute this legitimate charge contrary to Holiday Lettings’ Chargeback Policy , we shall take steps to recover any fraudulently recovered charges from you. Please read our Chargeback Policy in full.

Although we may provide the technical platform to enable such payments, we are not responsible for the payment solutions themselves and we still are not a party to the contract between you and the Advertiser. In particular, we are not responsible for any decision taken by PayPal or another provider to decline your payment, based on its risk assessment of you or that transaction. You shall not hold us liable for any losses you suffer as a result of making an online payment to an Advertiser. If you need customer support in relation to an online payment, you should contact PayPal or your bank or credit card provider (as applicable).

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 your use of our online payment platform to make payments to Advertisers, in particular any claims from Advertisers, PayPal or other payment solution providers resulting from your actions or omissions.

 

Edit Booking

Edit Booking will permit Managers to edit bookings from the Owner Dashboard instead of through Customer Service.  The aspects of a booking that the Manager and guest may agree to change using the Edit Booking feature may include, without limitation, dates for check-in or check-out, number of guests, rental cost and fees.  Edit Booking will not be available in all cases, and when this feature is unavailable, the Manager must call Customer Service to edit the booking.  If Edit Booking is available, certain edits may not be permissible.  In such cases, an error message will be displayed in the Edit Booking window. 

To edit a booking, the Manager clicks the "edit booking" link on the Conversation Page.  The request to edit will generate an email to the guest, informing the guest that they have 48 hours to accept the changes on the Website.  If the guest does not accept the edit in this timeframe, the edit request will expire and the booking will remain unchanged. If the guest accepts the edit requested, the booking information in the Owner Dashboard will be updated to reflect the change. 

If an edit to a booking results in the price changing, the following describes how the guest will be charged or refunded, as applicable:

  • If the guest has a balance payment due for the initial booking and the edit results in the price going up, the balance due will be updated to include the additional charges. 
  • If the guest has fully paid for the initial booking and the edit results in the price going up, the guest must pay the new balance within the timeframe given (usually no longer than 96 hours from acceptance of the edit to the booking) or we reserve the right to cancel the entire booking, in which case funds will be disbursed as if the guest had cancelled the booking.
  • If the guest has a balance payment due for the initial booking and the edit results in the price going down, the balance due will be updated to reflect the reduction in price.
  • If the guest has fully paid for the initial booking and the edit results in the price going down, we will refund the excess amount that the guest paid within a commercially reasonable time. 

Please note that editing a booking that increases or decreases the total booking amount will result in a corresponding increase or decrease to the commissions or fees due to Holiday Lettings. 

 

Special Considerations for Guest Cancellations after Edit Booking

In general, the amount a Manager will receive in the event of a guest cancellation will be as set forth in the applicable cancellation policy agreed in connection with the initial booking (e.g., 20% of the booking value).  In some instances, after an Edit Booking event, there may be a shortfall in the amount set forth in the cancellation policy and Managers will receive, instead, the funds collected from the guest as of the date of cancellation. 

For illustrative purposes, if a payment balance remains outstanding at the time a booking is edited, we will not charge the guest an additional deposit when the booking is edited.  Instead, the guest will pay all additional charges on the date the balance from the initial booking is due.  This may impact the amount the Manager receives upon a cancellation.  For example, a guest books a property for one night at a price of $100 and 20% (or $20) is taken as a deposit immediately, with the 80% (or $80) balance due one month prior to stay.  One week later, the Manager and guest edit the booking to two nights, thereby increasing the total stay amount to $200.  No additional deposit will be taken and the additional $100 charge for the second night will be added to the balance due and paid one month prior to stay.  If the guest cancels before the $180 balance is due, the amount disbursed to the Manager on cancellation will be the original $20 deposit, minus any fees or commissions due to us, even though the cancellation policy calls for the Manager to receive a greater amount upon cancellation.   

We reserve the right to delete any pending edit requests submitted by the Manager without notice to the Manager or guest.  After a booking is edited, we reserve the right to revert the booking to its initial state after informing both parties.

Our limitation of liability and responsibility

We act merely as an advertising service through which Advertisers can advertise properties to Holidaymakers. We do not own nor have we inspected nor do we have any control whatsoever over any property listed on our site and we make no representations or warranties regarding any of the properties.

While we require Advertisers to advertise properties truthfully, fairly and accurately, and we take reasonable steps to remove advertisements from our site following any complaint from a Holidaymaker or another Advertiser, we have no control over the accuracy of any advertisement or the capacity of any Advertiser to make a booking with a Holidaymaker.

As such, we disclaim all liability and responsibility for any loss or damage (including personal injury) suffered or incurred by you or another party arising from:

  1. any reliance by any user of our site, or by anyone who may be informed of any of its contents, placed on any advertisement, commentary and other materials posted on our site by Advertisers, or any error or mistake or inaccuracy contained in any statement, description, representation or other information made about or in connection with a property listed on our site;
  2. the act or omission of the Advertiser or any failure of the Advertiser to perform or comply with any of the terms of the contract between the Advertiser and you, including a failure to provide the property on the requested date (whether due to a double-booking or otherwise), or a failure to provide the property in the condition or with the amenities that such property was advertised on our site;
  3. any loss of or damage to personal possessions at a property; or
  4. any incident or occurrence which takes place at a property.

Although we will do our best to prevent intentional misuse of our site and the dissemination of harmful programs via our site, we will not be liable for any loss or damage caused by any intentional misuse of our site or the distribution of viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site.

If we are in breach of these terms or otherwise liable to you (including, without limitation, for our negligence), we will only be responsible for any direct damages or losses you incur that result from your use of our site up to the value of the fees (if any) that you have paid to us. We shall not be liable for any indirect losses or damages suffered by you. Our liability to you shall not in any event include business losses (which includes without limitation loss or corruption of data, loss of profits or contracts, loss of revenue, loss of anticipated savings in expenditure, or business interruption) as a result of our breach of contract or negligence or otherwise.

This does not affect our liability for fraudulent misrepresentation or if something we do negligently causes death or personal injury, nor any other liability which cannot be excluded or limited under applicable law.

If you consider any of the content of any videos, photographs or any other material posted on our site by any Advertiser to be offensive, discriminatory, defamatory or libelous or otherwise inappropriate ("Inappropriate Content"), please notify us of such content by sending us details of the content you consider to be inappropriate and the reason why you consider such content to be inappropriate.

Upon receipt of notification that any content is considered to be inappropriate, we will review such content and shall decide whether to remove such content from our site.

Please send details of any content which you consider to be Inappropriate Content to us:

By email to: videoreport@holidaylettings.co.uk

By post to: Holiday Lettings Ltd. Hinshelwood Building, Edmund Halley Road, Oxford Science Park, Oxford, OX4 4GB, United Kingdom.

Chargeback Policy


If you make a booking using the Holiday Lettings online payment platform, you agree to the terms of the booking contract with the Advertiser (which includes the Advertiser’s cancellation policy published on the listing), our General Terms of Use and our Privacy Policy , together with this Chargeback Policy.  


Chargebacks occur when your credit-card provider makes a demand to Holiday Lettings to return monies on a transaction which you claim is fraudulent or otherwise dispute.  


Holiday Lettings recognizes that chargebacks can happen for a variety of valid reasons.  However, if you make a credit card payment through Holiday Lettings in respect of a booking, and you later dispute this legitimate charge by raising a chargeback without merit (in our sole discretion), whether fraudulently or otherwise, then we may take steps to recover any charges resulting from such an unmerited chargeback from you directly.  Unmerited chargebacks include but are not limited to: disputing a charge made in accordance with the Advertiser’s cancellation policy; disputing a charge made in respect of the property rental in which you fail to make reasonable efforts to work with the Advertiser or us to resolve any issues; or requesting a chargeback without a legitimate reason and/or failing to provide any supporting information in respect of the chargeback to allow those parties from which the chargeback is requested to assess the basis of the chargeback request.


Holiday Lettings takes a zero tolerance approach to chargeback fraud.  Further, in the event of any unmerited chargeback request, we reserve the right to recover monies by any legitimate means available to us, including using a third-party debt collection agency or any other lawful means to recover funds successfully charged back to you in such circumstances. 

Copyright Complaint Policy - Infringement Notification:

If you believe in good faith that materials hosted on our site infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying us that your copyrighted material has been infringed.

Please provide the following information in the following format (including Section Numbers):

  1. A clear identification of the copyrighted work you claim was infringed.
  2. a clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on our site, such as a link to the infringing material;
  3. your contact information so that we can reply to your complaint, preferably including an email address and telephone number;
  4. include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.
  5. include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. and
  6. the notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on our site should be emailed or mailed to our copyright agent:

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorney’s fees) if you make a false claim of copyright infringement.

We will review and address all notices that comply with the requirements above.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion Advertisers or Holidaymakers access to our site who are deemed to be repeat infringers. We may also at our sole discretion limit access to our site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Interruptions in our service

Whilst we take every care to maintain the continuity of our site, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any on-going obligation or responsibility to operate our site or any particular part of it.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

No partnership or joint venture

Nothing in these Terms of Use or in your use of our site creates, or is intended to establish, any partnership or joint venture between us.

Contractual Relationship

We act as agent for the Advertiser for the facilitation of payments in relation to booking transactions through our site and for purposes of onward distribution of your advertisements. Except for this agency relationship, nothing in this Advertiser Agreement or in your use of our site creates, or is intended to establish, any partnership, joint venture or similar relationship between us and the Advertiser.

For the avoidance of doubt, we never act as a principal in connection with any of the transactions or services available on or through our site.

As between the Holidaymakers and us, nothing in this Advertiser Agreement or in their use of our site creates, or is intended to establish, any agency relationship, partnership or joint venture between us and Holidaymakers.

Law and jurisdiction

This Advertiser Agreement is governed by law of England and Wales, and the courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site (although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country).

You agree to comply with all applicable laws, statutes and regulations concerning your use of our site. Each and every booking carried out on, or as a result of use of, our site is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with the law of England and Wales.

Events beyond our control

We will not be in breach of this Advertiser Agreement, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Invalidity

If a provision of this Advertiser Agreement (or part of any provision) is found illegal, invalid or unenforceable, the enforceability of any other part of this Advertiser Agreement will not be affected.

Variations

We may revise this Advertiser Agreement or Booking Contract template at any time by amending the applicable web page or by publishing notices elsewhere on our site.

Notices

Any notices that you wish to send us should be emailed to us. Any notices that we may wish to draw to your attention to will be displayed on our site or through our newsletter communications.

Privacy Policy

Holiday Lettings believes in protecting your privacy. Please review our current Privacy Policy, which also governs your use of holidaylettings.com, to understand our practices.

TRUST. We understand that making purchases and travel plans online involves a great deal of trust on your part and we respect your privacy. We take this trust very seriously, and make it our highest priority to ensure the security and confidentiality of the personal information you provide to us. Please read the following policy to learn about our privacy practices. By visiting our U.S. website, www.holidaylettings.com, you are accepting the practices described herein.

What Personal Information We Collect


In General


We receive and store any information you enter on our website or give us in any other way. This includes information that can identify you ("personal information"), including your first and last name, telephone number, postal and e-mail addresses, and, in some cases, billing information (such as credit card number, cardholder name, and expiration date). We also may request information about your traveler preferences. You can choose not to provide information to us, but in general some information about you is required in order for you to register as a member; purchase products or services; complete a traveler profile; participate in a survey, contest, or sweepstakes; ask us a question; or initiate other transactions on our site. 

Your information will enable us to provide you with access to all parts of our site and to supply the services and features that you have requested. We may aggregate the information to identify patterns which we can use in our marketing and to help us develop, administer, support and improve our services and features. 

We may collect information about your property and the type of property you wish to rent. Where you use PayPal or another payment solution, you agree that we may share data about you with PayPal/the other provider and vice versa in order to facilitate or assess your use of the online payment platform or for other internal purposes. Such data may include details of enquiries, bookings, transactions, refunds, chargebacks or other claims or events relating to advertisements and/or payments. Where you request our special photography service for your property, you agree that we may provide your contact information to our photographer for the purpose of scheduling a visit to your property.

Information from Other Sources


Holiday Lettings does not currently use independent third-party sources to add to our user account information or delivery and address information.

Automatic Information


We automatically collect some information about your computer when you visit holidaylettings.com. For example, we will collect your IP address, Web browser software (such as Chrome, Firefox, Safari or Internet Explorer), and referring website. We also may collect information about your online activity, such as properties viewed, reservations sent, and purchases made. One of our goals in collecting this automatic information is to help customize your user experience.

Cookies and Other Web Technologies


When you visit holidaylettings.com, we may assign your computer a "cookie" (a small, unique identifier text file). For example, whenever you sign in as a holidaylettings.com member, we record your member ID and the name on your member account in the cookie file on your computer. We also may record your password in this cookie file, if you checked the box entitled "Save this password for automatic sign-in." Note that member IDs, passwords, and any other account-related data included in such cookies are encrypted for security purposes. You can always choose not to receive a cookie file by enabling your Web browser to refuse cookies or to prompt you before accepting a cookie. Please note that if you refuse to accept cookies from holidaylettings.com, you may not be able to access many of the travel tools we offer.

Information Collected by Third-Party Advertising Companies


Third-party advertisers, such as those we use to serve ads on our behalf across the Internet, may use cookies and other technologies (such as Web beacons or single-pixel GIFS) for several purposes, including: to measure the effectiveness of their ads; to analyze, modify, and personalize advertising content on holidaylettings.com and other sites; and to provide ads about goods and services we hope will be of interest to you. We do not have access to or control over cookies or other features they may use, and the information practices of these advertisers are not covered by this Privacy Policy.

How We Use Your Personal Information


Holiday Lettings does not sell user information, including name, email address, contact information, phone number, or any other personally identifiable information, to third-parties. Holiday Lettings uses information about you for the following general purposes: to provide you with the products and services you request; to provide you with travel confirmation and updates; to manage your account, including processing bills and providing travel notifications; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, and website; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with holidaylettings.com; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our General Terms of Use; and as otherwise described to you at the point of collection.

If you provide your email address to Holiday Lettings, you agree to allow us to add your email to our database of users. You may receive one or more promotional emails either from us or one our affiliates. You are welcome to opt not to receive these promotional messages. In the event that you use any of our tools that we may from time to time offer that integrate in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.

Holidaylettings.com may share your information with the following entities:

Suppliers, such as vacation rental managers, rental owners, hotel, airline, cruise, or car rental companies, or activity providers, who fulfill your travel reservations. Throughout holidaylettings.com, all services provided by a third-party supplier are described as such. We do not share your email address with these suppliers unless they need it to fulfill the travel reservation you have made on holidaylettings.com, and we restrict their use of this information to that purpose. We do not place limitations on our suppliers' use or disclosure of your other personal information. Therefore, we encourage you to review the privacy policies of any travel supplier whose products you purchase through holidaylettings.com. Please note that these suppliers also may contact you as necessary to obtain additional information about you or to facilitate your travel reservation.

Third-party vendors who provide services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. These companies have access to personal information needed to perform their functions but are not permitted to share or use the information for any other purpose.

Business partners with whom we may jointly offer products or services. You can tell when a third party is involved in a product or service you have requested because their name will appear with ours. If you choose to access these optional services, we may share information about you, including your personal information, with those partners. Please note that we do not control the privacy practices of these third-party business partners and recommend you evaluate their practices before deciding to provide your personal information.

Sharing this information with our corporate affiliates, enables us to provide you with information about products and services, both travel-related and other, which might interest you. To the extent that our corporate affiliates have access to your information, they will follow practices that are at least as restrictive as the practices described in this Privacy Policy. They also will comply with applicable laws governing the transmission of promotional communications and, at a minimum, give you an opportunity in any commercial e-mail they send to choose not to receive such e-mail messages in the future.

We also may share your information: (i) in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law; (ii) to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of holidaylettings.com, our customers, or others; and in connection with our General Terms of Use and other agreements; and (iii) in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.

We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors a website receives or what are the most popular vacation destinations. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.

How You Can Access Your Personal Information


You can access your information at various points on the holidaylettings.com website. These include: (i) the Manage My Booking page, where you can view, update, or change your personal information and update your member profile, travel preferences and associated information; (ii) the Your Account page, where you can change your password; and (iii) the My Favorites page, where you can view, update, or delete your saved vacation properties.

Your Choices Regarding Collection and Use of Your Information


As discussed above, you can choose not to provide us with any information, although it may be needed to make travel reservations, contact our suppliers or take advantage of certain features offered on holidaylettings.com.

You can also add or update information on the Manage My Booking and Your Account pages as described above.

The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies from holidaylettings.com, you will not be able to access portions of our site.

How We Protect Your Personal Information


We want you to feel confident about using holidaylettings.com to plan your vacation rental and purchase your travel, so we are committed to protecting the information we collect. While no website can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. For example, only authorized employees are permitted to access personal information, and they only may do so for permitted business functions. In addition, we use encryption when transmitting your sensitive personal information between your system and ours, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information.

Children's Privacy


Holidaylettings.com does not sell travel or other services for purchase by children. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.

External Links


If any part of the Holidaylettings.com website links you to other websites, those websites do not operate under this Privacy Policy. We recommend you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information.

Changes to this Privacy Policy


Holidaylettings.com may update this Privacy Policy in the future. We will notify you about material changes to this Privacy Policy by sending a notice to the e-mail address you provided to us or by placing a prominent notice on our website.

How You Can Contact Us


If you have questions about this Privacy Policy (or your travel planning or purchases), please e-mail us.   

This Privacy Policy is effective as of February 1, 2015.

 

Payment Protection Policy

Terms and Conditions

We provide the TripAdvisor Vacation Rentals Payment Protection Policy (the “Policy”) to customers who pay online using our payment platform (the “Platform”) for rental properties.

The terms “we”, “us” and “our” refer to the company in the TripAdvisor Vacation Rentals group offering this Policy to you.  This is Holiday Lettings Limited, FlipKey, Inc. or GUÍA DE APARTAMENTOS NIUMBA, S.L., HouseTrip Limited depending on the terms and conditions you agreed to when you made a booking. 

The terms “you, “your” or “User” refer to the customer visiting our website (the “Website”) and paying on the Platform to rent a rental property displayed on the Website (each, a “Rental”).  The Websites include: flipkey.com, holidaylettings.co.uk, niumba.com, housetrip.com and tripadvisor.com (and all associated domains).

If you do not agree to the terms and conditions of the Policy, then you have no right to obtain reimbursement or claim any other rights under the Policy.

We may revise this Policy at any time and in our sole discretion by amending the applicable web page on the Website or by publishing notices elsewhere on the Website.

Claim requirements

To qualify for reimbursement under this Policy, you must ensure that:

  1. your claim falls within one or more of the Covered Circumstances (as defined below);
  2. you paid for the Rental on the Platform;
  3. you took all reasonable steps to resolve the issue with the property owner/ manager (the “Owner”);
  4. you are the person who made the booking; and
  5. you comply with all other requirements under the Policy.

The maximum amount in aggregate that we will reimburse you under this Policy (the “Coverage Limit”) is the lower of:

  1. the total amount you paid through the Platform for the Rental  (the “Qualifying Payment”); and
  2. USD $10,000/£7,000/€7,000 (depending on the currency in which you paid).

You may not qualify for reimbursement under the Policy if you have requested a chargeback from your credit card company or you have opened a dispute with PayPal in relation to part or all of your Qualifying Payment.  If we have disbursed your payment before you make a claim, then you will need to provide us with evidence that you have attempted to claim reimbursement from the Owner, your bank or credit card company, as applicable.

Circumstances covered under this Policy

We will reimburse you for your losses up to the Coverage Limit, provided that you meet the claim requirements described above and one or more of the following “Covered Circumstances” applies:

  1. Fraudulent Advertisement: the Owner does not own or manage the Rental, or is not the authorized agent of the property’s owner, or the Rental is not legally permitted to be rented.
  1. Compromised Owner: the personal e-mail address of the Owner or the Owner’s account with us has been compromised by a fraudulent individual purporting to be the true Owner to induce payment from you.
  1. Inaccessible Rental:  you have paid for the Rental in compliance with the booking contract, and you have complied with the Owner’s terms and conditions but you have been denied entry to the Rental as a result of intentional and wrongful conduct of the Owner (which is deemed to include as a result of the Owner’s bankruptcy, insolvency or fraudulent activity), or the Rental is not in fact for rent.  You will not be covered for any delay in accessing the Rental during the rental period.  You must notify us of this condition no later than the first day of your expected rental period.
  1. Misrepresented Rental: the Rental has Material Differences or Defects (as defined below) compared with the advertised Rental, and: (i) you are unable to rent the Rental as intended; (ii) you document the Material Differences or Defects; and (iii) you notify the Owner and us of this condition no later than the first day of your rental period.

The meaning of “Material Differences or Defects” shall be determined in our sole discretion and, among other exceptions, it shall not cover cleanliness of the Rental; minor differences in the location of the Rental advertised and the actual location of the Rental; the presence or availability of local attractions; or maintenance issues with amenities or services.

 

Circumstances not covered under this Policy

We will not provide any reimbursement for loss of funds due to circumstances that are not included in the Covered Circumstances.  For clarification, we will not cover losses in any of the following circumstances (which is not an exhaustive list).

  1. Any indirect losses; losses associated with travel arrangements, such as airfare or other transportation costs; opportunity losses; contractual losses; consequential losses; losses due to the weather or natural disasters; any losses other than the Qualifying Payment (subject to the Coverage Limit).
  2. If we or the Owner offer you alternative accommodation in lieu of the Rental and you accept the alternative accommodation (which will be inferred if you stay at least one night at such alternative accommodation), you will not be able to claim in respect of any sums paid for the original Rental.
  3. Any damage deposits or other funds paid to the Owner using the Platform that are not returned due to damage or non-compliance with the Owner’s booking contract and/or cancellation policy.
  4. Any payments made in cash, or by cheque or wire transfer, or using any other type of payment service other than via the Platform.
  5. If you have a close personal connection with the Owner, for example, you are friends or members of the same family.
  6. Payments you make after we notify you that the Rental is fraudulent or has been removed from the Website.
  7. In relation to a Rental with Material Differences or Defects, where you fail to notify us no later than the first day of your rental period and you do not vacate the Rental by midnight on the day of check-in.

Claim Process

To make a claim under the Policy, you must take the following steps within the time periods described below.

  1. Inform us of the problem no later than the first day of your rental period by telephone.  The telephone number is: 1-617-960-5946.
  2. If the issue is due to fraudulent activity you must obtain a police crime reference number/ case number in relation to such issue and print it on the Claim Form. Details of how to obtain a crime reference number/ case number are included on the Claim Form.

We shall complete the reimbursement claim process in a reasonable time frame (generally within four weeks) and will keep you informed of any decisions or additional documentation required to process your claim.

In our sole discretion, we shall make all decisions regarding claim and documentation requirements and eligibility under the Policy. Our decisions shall be final and binding on you.

 

©2016 Holiday Lettings Limited. All rights reserved

Last updated: 2016-09-15