Terms, conditions and Warranties
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Website urges passengers to review travel prohibitions, warnings, announcements and advisories issued by their local governement advisory service, such as the U.K. Foreign office.
BY OFFERING FOR BOOKING ACCOMMODATION IN PARTICULAR INTERNATIONAL DESTINATIONS, Website DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Modification of these Terms and Conditions
Website reserves the right to change the terms, conditions, and notices under which this website is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of this website and its facilities.
This agreement is governed by the laws of (Country). You hereby consent to the exclusive jurisdiction and venue of courts in indian , in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Website as a result of this agreement or use of this website.
Website performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Website right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Website with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Website with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Website with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
Use of website
The website is provided solely to assist people to search for and determine the availability of holiday rental properties and associated travel services, and to make legitimate enquiries and reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this website (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this website by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this website is true and accurate. Without limitation, any speculative, false, or fraudulent enquiries or reservations or any reservations in anticipation of demand is prohibited. You agree that the enquiries and reservations facilities of this website shall be used only to make legitimate enquiries and reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the enquiry and travel services reservation facilities of this website may result in you being denied access to such facilities.
Separate terms and conditions apply to Property Owners who wish to create promotional listings for their rental properties on this website.
Separate terms and conditions will also apply to any reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, rental properties, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Website debiting your account for any costs Website incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.
Property description, availability and rates
The rates, availability, property description, photographs and other information about a Property as described in a property listing have been provided by the Property Owner when they created their property listing.
While Website checks each property listing to ensure that it meets our guidelines about acceptable content, we do not check or validate all of the information published by each Property Owner and therefore cannot be held liable for any incorrect information that is published on its site. If you have a complaint against a Property Owner relating to incorrect information, you should advise Website through the Contact Us page.
Security Regarding Your Use of this Website
We urge all Users to be responsible about their use of this website and any transaction entered into as a result of renting a property. We do not own or manage, nor can we contract for, any holiday rental property listed on a Site.
Website acts as a venue to allow Property Owners who advertise on the Site to offer for rental a specific holiday rental property to potential renters (“Users”). We are not a party to any Rental Agreement or other transaction between Users and Property Owners.
As a result, any part of an actual or potential transaction between a User and a Property Owner, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review) and the ability of Users to rent a holiday rental property are solely the responsibility of each User.
Website does not guarantee bookings made separately between Users and Property Owners, and Users must use the same precautions as they would when entering a commercial relationship with anyone they do not know. Tips for Users to secure themselves when booking with a Property Owner can be found on our Support site.
Warnings of Suspicious Activity: While we do take certain measures with a goal to assist Users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. In the event we do provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm, result or action.
Website has absolutely no involvement in the booking process or actual or potential transaction between a Property Owner and User of this site who books a property, although we may provide tools to enable the communication between the Property Owner and User.
We cannot be held responsible in the event that a Property Owner does not respond to your enquiry, neither in the event that the prices and availability described on the property listing differ from actuality as confirmed by the Property Owner.
To ensure that your enquiry is answered in a timely manner, we recommend that you contact the Property Owner both by telephone and by filling out the Enquiry Form found on every property listing page.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated every day. The information supplied by this application is believed to be accurate, butvacationnholiday.com, its affiliates, and/or their suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose,vacationnholiday.com advises the customer to consult a qualified professional to verify the accuracy of the currency rates.vacationnholiday.com, its affiliates, and/or their suppliers do not authorize the use of this information for any purpose other than personal use and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
User reviews, ratings, comments and content
vacationnholiday.com may offer a facility allowing users of this website to post Reviews (“User Reviews”). You disclaim any proprietary rights you may have in such User Reviews, and the same may be freely used, copied, distributed and made available in any medium and in any form byvacationnholiday.com or its affiliates without your permission. Where this posting facility is offered, you expressly agree only to submit User Reviews that are appropriate to that service, complying with these terms and conditions and also any accompanying guidelines made available on this website.
Specifically, by using such a service, you represent and warrant that:
- you own or otherwise control all of the rights to the User Reviews that you post;
- as at the date of posting, the User Reviews submitted are accurate;
- User Reviews that you supply do not breach anyvacationnholiday.com terms and conditions of use, guidelines or policies (as applicable from time to time);
- you will not intentionally or recklessly post information that could cause injury or offend any person or their business and in particular: you will not post any comments, information or material that is untrue; malicious; defamatory; abusive; obscene or could reasonably be taken as such;
- you will not act in any way to deceive or mislead and will not engage in or encourage any fraudulent or illegal activity;
- you will not to post or distribute any information or material that is owned by any third party without the express written consent of such party to do so.
vacationnholiday.com does not edit User Reviews submitted and to the fullest extent permitted by law will not be in any way responsible or liable for such User Reviews or their subsequent posting, use or distribution. In addition,vacationnholiday.com does not verify, endorse or approve the views or comments expressed in any User Reviews which are the personal views of the individuals submitting them. Any decisions made on the basis of reviews or comments appearing on the service are taken at your own risk.
vacationnholiday.com reserves the right for any reason in its sole discretion to refuse to post or remove (without notice) any User Reviews. Amongst other things, this includes situations wherevacationnholiday.com receives a third party complaint and/or has reason to believe that there has been a breach of these terms and conditions. If you have a complaint about any reviews, comments or material posted on this website you should put such complaint in writing (giving as much information as possible about the circumstances) to firstname.lastname@example.org.
Note thatvacationnholiday.com reserves the right to ask for further information in relation to nature of such complaint and, if necessary, may ask you to verify your identify.
Advertiser Terms & Conditions
This document informs you of the specific terms and conditions under which you may make use of www.vacationnholiday.com ("Our site") as an Advertiser ("Advertiser", “You”) to create and publish Adverts for your rental accommodation (“Accommodation”) on our site.
If there is an inconsistency between any of the provisions of these terms and conditions ("Advertiser Terms & Conditions") and the General Terms & Conditions, the provisions of the Advertiser Terms & Conditions shall prevail.
Please read the General Terms & Conditions and these Advertiser Terms & Conditions thoroughly before using our site. By registering an Advertiser Account on our site (“Advertiser Account”), specifically by using your email address and choosing a password, you indicate that you accept these Advertiser Terms & Conditions.
Information about us
The vacationnholiday.com website is operated by vacationnholiday.com Apps. The terms "we", "us", "Company", “Website” and "vacationnholiday.com" refers tovacationnholiday.com Apps, a India company with its registered office at G-67/B, Abul Fazal Enclave - 2, IIIrd Floor, Shahin Bagh, Jamia Nagar, Okhla,New Delhi. its affiliates and/or their respective suppliers and providers (vacationnholiday.com), and the terms "You" and “Advertiser” refers to the individual person or company creating a Advertiser Account with us in order to advertise your property on our site.
The vacationnholiday.com provides a service where Advertisers can list and promote one or more Accommodation units (each an “Advert”) for rental to potential tenants, and communicate with those potential tenants. We refer to actual and potential tenants as “Guests”.
Apart from our Instant Book feature, which is covered by separate terms and conditions,vacationnholiday.com has absolutely no involvement in the booking process or any transaction between Advertisers and Guests. Website is not, and does not become, party to any contractual relationship between the Guest and the Advertiser, and does not mediate between the Guest and the Advertiser in the event of any dispute arising between them. The site is a venue for Advertisers and Guests to interact.
Rules for Advertisers
By registering an Advertiser Account on our site, you agree to the following Rules for Advertisers.
Eligibility to advertise the Accommodation
You must be legally entitled to rent the Accommodation which you publish as an Advert on our site to Guests. Specifically, this means that you must be the ultimate owner of the property, or an agency with a contract to market and rent the Accommodation on behalf of its owner.
You agree to provide us, upon request, with proof of personal identification, proof of ownership of the Accommodation advertised on our site or a proof of authority to list the property.
Website reserves the right to suspend your Advert during any investigation to establish your identity. Website reserves the right to permanently cancel all of your Adverts if you fail to provide satisfactory identification within 30 days of such a request, with no entitlement to any refund.
Payments to Website can be made by debit/credit card payment or bank transfer. All banking and other fees relating to a payment shall be borne by the Advertiser. All online payment pages are protected via 128 bit Secure Socket Layer (SSL) technology.
If payment for Subscriptions or any other services provided by us is made by debit/credit card, your payment will be processed by Paypal, our online card payment provider.
vacationnholiday.com provides Adverts to Advertisers by means of a subscription (“Subscription”). Website may provide other services to Advertisers (“Add-ons”) to increase the promotion of their Advert.
To place an Advert, the Advertiser makes an order by means of the site’s relevant online form or by accepting an offer from one of our Sales Agents, and pays Website, the fees for the relevant Advert(s) and any Add-ons.
Subscriptions are sold by Website to run for the full term that is selected by the Advertiser. That term starts on the date that the Advertiser publishes their Advert, and expires at the end of the term selected when purchasing the Advert (“Advertising Term”).
All Advert Subscriptions that are paid for with a credit card will have their Advertising Term automatically and continuously extended by the term specified in the Subscriptions & Payments page (‘Renewal Advertising Term’) unless the Advertiser has deactivated auto-renewal before the Expiration Date, as described below. The process of automatic Subscription renewals is called “Auto-renewal”.
Regardless of any special discounts provided to you by us for the initial Advertising Term, your Subscriptions will be automatically renewed on the Expiration Date at our current list prices (“List Prices”), which may change from time to time. You can view our List Prices at any time by clicking this link.
Renewal Advertising Terms are as follows:
- For Annual Subscriptions, the Renewal Advertising Term is 12 months.
- For Trial Subscriptions, the Renewal Advertising Term is 12 months.
- For Monthly Subscriptions, the Renewal Advertising Term is 1 month.
The auto-renewal of an Advertising Term can be deactivated at any time before the end of the initial Advertising Term or the then-current Renewed Advertising Term by means of the "Manage Subscriptions" button in the Subscriptions & Payments section. To avoid doubt, any such deactivation will only take effect at the end of the initial Advertising Term or Renewed Advertising Term in which the deactivation occurs. Website make no guarantee of refunds in the event of non-use or dissatisfaction.
In the event that auto-renewal fails on the renewal date, we will attempt to auto-renew your Subscription for 30 days during which time your Advert will remain published. If we are still unable to take your auto-renewal payment 30 days after its Expiration Date, your Advert will be deactivated.
Website provides an advertising service rather than a physical product. In line with European Union e-commerce regulations, Website offers a seven day cooling-off period, during which time you may cancel your subscription and receive a full refund.
To apply for a refund of your subscription fees during the cooling-off period, we must receive your refund request by email from the email address registered on your Advertiser Account to Advertisers@vacationnholiday.com stating your invoice number and Advert ID no later than seven working days after your initial subscription payment, and you must not have published any Advert during this period. Once your Advert has been published on our website, the cooling-off period is automatically terminated. The “Cooling off period” applies to the initial advertising period only; it cannot be applied beyond the first Subscription period.
Our services are provided within indian law and therefore the Advertiser is required to account for any VAT (or equivalent) due in their own member state/country.
Changes to pricing
We reserve the right to change the List Prices and conditions without notice. Any new rates will be applicable immediately for all new Adverts and renewals for both new and existing Advertisers. You can view our List Prices at any time by clicking this this link.
We provide an Add-on product called Google Advertising, which may be sold bundled with an Advert subscription in a promotional offer. Website will automatically create for Advertisers who purchase Google Advertising, Google Adwords campaigns in multiple languages targeting guests search accommodation in their area. By ordering this Add-on product, Advertisers accept the terms of advertising for Google Adwords.
Your Own Website
We provide a Premium feature called ‘Your Own Website’, which provides Advertisers with a stand-alone holiday rentals website on their choice of domain name. This service is provided for the duration that the Advertiser has an active Advert Subscription on Website in the case that the Advertiser has purchased a Premium Upgrade.
In the case that the Advertiser does not renew an Advert Subscription, the property connected to the Advert Subscription will be removed from the Advertiser’s Your Own Website. In the case that the Advertiser has no active Advert Subscriptions on Website, the Your Own Website will be unpublished and the domain name recycled for use by other Advertisers.
In the case that the Advertiser chooses and registers a new domain name through Website during the configuration of the Your Own Website feature, the domain is registered and owned by Website and may not be transferred in any case. The Your Own Website feature is provided ‘as is’ with no warranties or guarantees.
In some cases, New Advertisers purchasing an Annual Subscription on Website may be offered an “Enquiry Guarantee” covering the initial Advertising Term of their Advert. This will be clearly stated on your invoice, referencing the Property ID of the Advert to which it applies.
In the unlikely event that you do not receive more than 10 email or telephone enquiries through your property advert during your first Annual Subscription period, we will credit or refund to you a pro-rated amount up to the full amount of your first year Advert Subscription fee, pro-rated by the number of enquiries you have received. Should a claimant meet the Qualifications below, the credit or refund amount will be calculated according to the following formula:
Credit or refund amount = Amount paid for Annual Advert Subscription excl.
Our Enquiry Guarantee is subject to the terms and conditions listed below.
Notifying Website of a Claim
You must contact our Owner Support team using the contact form, quoting "Enquiry Guarantee Claim" in the subject line at least thirty (30) days prior to the end of the initial twelve (12) month term of your listing to make a request for refund under the Enquiry Guarantee.
The Enquiry Guarantee is available for all new property adverts added to the site by a new advertiser on their first order where the product name ‘Enquiry Guarantee’ is printed on their initial invoice, and applies to the first annual subscription period for each such advert. In some cases, the Enquiry Guarantee may apply to existing advertisers as part of a renewal offer, and in such cases will be clearly stated on the renewal invoice. Existing advertisers who add a new property do not qualify.
Additionally, to qualify advertisers must meet the following additional criteria:
- The property must be available for rent at least six (6) months during the twelve (12) month listing cycle.
- Your property rental rates defined in the seasons must be set for a minimum of twenty-four (24) months from the initial time of listing.
- The guarantee is not valid if the property is sold during the listing period or is leased on a long let basis for more than 3 months.
- The property must not be a timeshare.
- The Advertiser must update the property calendar at least twice per month throughout twelve (12) month initial subscription.
- The property advert must have a minimum of 16 photos that are approved by Website advert review team.
- The Advertiser must have promptly acted upon any improvement suggestions provided by Website advert review team.
- The Advertiser must have activated the included Google Advertising Campaign provided at the time of publishing the property Advert.
- The Guarantee is valid only for an Annual subscription, as paid at the time of order and is not available on Monthly or 3-month trial subscriptions.
If after eleven (11) months of advertising on our site, you have failed to receive more than 10 booking enquiries for your property through our site, you may request a refund, knowing that:
- You will be excluded from advertising the property again on the site
- You will not be eligible for an “Enquiry Guarantee” offer on any other Website advert in the future
Verification of Requests for Refund
All requests for refund are subject to verification by Website. Website will not verify any request that it believes, in its sole discretion, is made fraudulently or in bad faith.
Verified requests will receive a credit to the credit card used for the purchase of the listing within approximately fifteen (15) days of verification.
Changes to Enquiry Guarantee Website reserves the right in its sole discretion to modify or discontinue the Enquiry Guarantee or to restrict its availability to any person, at any time, for any or no reason, and without prior notice or liability to you. The terms that are in effect at the time of your listing will determine your eligibility under the Enquiry Guarantee. The failure by Website to enforce any provision of these Terms & Conditions shall not constitute a waiver of that provision.