Self Catering Edinburgh Holiday Accommodation – Terms and Conditions
Applicable to all users
1. ACCEPTANCE OF TERMS AND CONDITIONS
Your access to and use of Edinburgh-flats.com (“the Website”) is subject exclusively to the Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by the Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept the Terms and Conditions you must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3. CHANGES TO WEBSITE
Edinburgh-flats.com reserves the right to:
- change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Edinburgh-flats.com shall not be liable to you for any such change or removal; and
- change the Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4. LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Edinburgh-flats.com is not responsible for the content or availability of any such sites.
5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Edinburgh-flats.com or otherwise used by Edinburgh-flats.com as permitted by law.
5.2 None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only. Edinburgh-flats.com does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such content for as long as you elect to display such content via the services. The licence shall be terminated when such content is deleted from the services.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, Edinburgh-flats.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 Edinburgh-flats.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. The server for the Website may be sited abroad.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Edinburgh-flats.com for death or personal injury as a result of the negligence of Edinburgh-flats.com or that of its employees or agents.
6.4 Third party services purchased as a result of use of the web-site are supplied under the terms and conditions of the 3rd party and Edinburgh-flats.com can take no responsibility for the delivery of such services.
6.5 You agree to indemnify and hold Edinburgh-flats.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Edinburgh-flats.com arising out of any breach by you of the Terms and Conditions or other liabilities arising out of your use of the Website
If any of the Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
8. CHILD SUPERVISION
We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the services you are allowing your child access to all of the services, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the services.
9.1 We are committed to responsible data management and subscribe to the principals of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/services.
9.2 We use a technology called “cookies” as part of our normal business procedure to track patterns of behaviour of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.
10. ACCEPTABLE USE
10.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom the Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of the Content and you acknowledge that by using the services you may be exposed to Content that is offensive and/or indecent. Edinburgh-flats.com will not be liable in any way for the Content or for any loss or damage of any kind resulting from the use of the Content transmitted via the services and you agree to bear all risks associated with the use of the Content, including any reliance on the accuracy or completeness of the Content.
10.2 In using the Website/services you agree not to:
- use the services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
- post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
- post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
- threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
- make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
- collect or store personal information about others, including email addresses;
- advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
- impersonate any person or entity for the purpose of misleading others;
- violate any applicable laws or regulations;
- use the Website/services in any manner that could damage, disable, overburden or impair the Website/services or interfere with any other party’s use and enjoyment of the Website/services;
- post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
- attempt to gain unauthorised access to any of the services, other accounts, computer systems or networks connected to the Website/services through hacking, password mining or any other means.
- We have no obligation to monitor the services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches the Terms and Conditions or is otherwise objectionable.
We have the right to terminate your access to any or all of the services at any time, without notice, for any reason, including without limitation, breach of the Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination or your access to the Website/services.
The Website is intended for the use of customers in Scotland or customers outwith Scotland wishing to utilise services available and advertised in Scotland.
13. INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
14. GOVERNING LAW
The terms and conditions noted in this agreement are governed by the Laws of Scotland.
Edinburgh-flats.com is VAT registered. The VAT no is 222 0948 33.
Applicable to Landlords
15. USER ACCOUNT, PASSWORD AND SECURITY
If a particular service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will Edinburgh-flats.com be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure, theft or loss of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
16. ADVERTISING FEES FOR LANDLORDS
16.1 Edinburgh-Flats.com charge an administration fee of £50 plus VAT to landlords who advertise a new property on their Website. This fee is waived for landlords whose properties are fully managed by Edinburgh Flats.
16.2 Edinburgh-flats.com will charge 15% of the guest’s booking cost for Web advertised properties and 25% of the booking cost for properties managed by Edinburgh Flats. If the guest is booking online, the system will prompt the guest for 15% or 25% of the cost of the full stay as a booking deposit (plus administration fee).
16.3 Once the booking has been made, the guest’s credit card will be charged and payment will remain with Edinburgh-Flats.com. The booking deposit will be the fee charged by Edinburgh-Flats.com for the transaction. On Confirmation of the booking, both the Landlord and the guest will be passed contact details so that both these parties are in contact. The landlord will be responsible for requesting the remaining balance from the guest.
17. THE BOOKING CONFIRMATION
Once a landlord receives a confirmed booking notification, it is the landlord’s responsibility to honour the booking. If the landlord makes the property unavailable after they have received a confirmed booking notification, the landlord is liable for refunding all money that has already been paid by the guest (including both the money paid to Edinburgh-flats.com for their fee and any money the landlord has already collected for the booking). The landlord will also be liable to pay all booking fees for bookings made on external booking channels as well as paying the holidaymaker compensation at 20% of the booking cost subject to a minimum of £100. Edinburgh-flats.com reserves the right to charge the landlord an administrative fee of £75 plus VAT.
18. WITHDRAWING YOUR PROPERTY
Edinburgh Flats operates a rolling contract with its owners. If an owner withdraws their property part way through a season, they are liable to:
- pay a withdrawal fee of £50 plus VAT
- return all monies they have received for forward bookings which have to be cancelled
- pay Edinburgh Flats commission (plus VAT) for all cancelled bookings
- pay booking fees on all confirmed bookings including any fees for bookings made on external booking channels.
- pay compensation to the holidaymaker @ 20% of the rental for each cancelled booking subject to a minimum of £100.
- pay an administration fee of £75 plus VAT for each forward booking cancelled.
Applicable if you are Enquiring on or Booking Properties
19. DISCLAIMER AND LIMITATION OF LIABILITY
Edinburgh-flats.com makes no warranty that the Website/services will meet your requirements or that content will be accurate or reliable. Edinburgh-flats.com acts only as agent for the owner of the property advertised and can give no guarantee or warranty as to the state or condition of the property. Edinburgh-flats.com will not be liable for any act, neglect or default on the part of the owner, or any other person, nor for any accident, damage, loss, injury, expense or inconvenience whether to person or property which you or any other person may suffer or incur.
In case of dispute by the guest with the landlord:Edinburgh-flats.com will endeavour to help with disputes between guest and landlord.Edinburgh-flats.com act only as agents for the booking, while Edinburgh-flats.com will try to help with any disputes, the landlord of the property is responsible for his/her premises. Edinburgh-flats.com cannot be made liable for any disputes between landlord and guest
Edinburgh-flats.com is a website to help facilitate direct contact between guests and landlords. Edinburgh-flats.com do not control the content contained in the listing, or the suitability of any accommodations. Edinburgh-flats.com is not responsible for any claims and not responsible for any liability of listings and accommodations. Please note that all bookings are made at the guests’ risk.
20. LANDLORD/AGENT PROFILES
20.1 All property listings show the landlord’s name.
20.2 All properties showing the landlord as Edinburgh Flats are managed directly by Edinburgh Flats.
20.3 Properties showing a Landlord’s name as owner are managed directly by the landlord of the property.
20.4 All booking confirmation emails will show the landlords name and contact details.
21. THE BOOKING CONFIRMATION
21.1 If you wish to book the accommodation advertised on this site and select the ‘Book Now’ option, you will be directed to the payment page. Once payment of the deposit has been taken you will receive a ‘Confirmed Booking’ Email (‘The booking confirmation’)
21.2 As we are not a party to the booking contract, Edinburgh-Flats.com , cannot be held responsible if the landlord does not honour the reservation or provides accommodation which is different from that reserved. Accordingly, we shall not be responsible for any loss, claim, cost, damage or injury, which you may incur (directly or indirectly) as a result.
21.3 The booking confirmation is between the guest and the landlord of the property, and is to be subject to the terms and conditions supplied by the landlord (or via his agent) to the guest. It should be noted that it is common practice for the landlord to request a refundable damages deposit against any damages that may occur to their property during the stay.
21.4 It is the landlord’s responsibility to honour the booking. If the landlord makes the property unavailable after they have received a confirmed a booking notification, the landlord is responsible for refunding all money that has already been paid by the guest (including both the money paid to Edinburgh-flats.com for their fee and any money the landlord has already collected for the booking).
22. REFUND POLICY