These terms and conditions (“Website Terms”) set out the terms and conditions on which BNB Travel Holidays Inc offers access to the website found at www.bnb-travel.com (the “Website”) and the services offered on the Website (the “Services”) to any person who accesses and uses the Website and/or Services (a “User”).
The Services include the provision of an account for the Website (“Account”), the provision of information about a particular house, flat or any other type of accommodation on the Website (a “Property”), and the option to make a “Booking” – a legally binding agreement for occupation of a Property with the person who has advertised that Property (“Host”).
By using the Website and Services, you agree to be bound by these Website Terms. If you do not accept these Website Terms, please do not continue with your use of the Website or Services.
2.HOW DO I REGISTER AND LOG IN?
2.1 In order to use some of the Services on the Website and/or make Bookings you must register for an Account by completing the online registration form made available to you on the Website. You will select a unique username and password combination which is linked to your Account, in order to allow secure access to the Website (“Login Details”).
2.2 By completing the online registration form you agree to us carrying out checks with third parties to verify the information you provide in the online registration form when you make a Booking, for example credit references.
2.3 You must keep your Login Details confidential and secure. You are responsible for, and will be liable to us for, all use of the Website and/or Services by you or anyone else using your Login Details (including in relation to any Bookings made using your Login Details) and for preventing unauthorised use of your Login Details.
2.4 You agree to contact us immediately if you believe or suspect that another person has stolen or attempted to use your Login Details without authorisation by email at [email protected] We will not be liable to you or any third party for unauthorised use of your Login Details unless this is due to our negligence.
2.5 We may disable your Login Details and suspend your access to the Website and the Services in the event we have any reason to believe that you have breached any of these Website Terms.
3.WHAT ARE THE DO’S AND DON’TS OF USING THE WEBSITE AND SERVICES?
3.2.1 You are at least 18 years old and have legal capacity to enter into these Website Terms in the country in which you reside.
3.2.2 You will ensure that all information you provide to us is true, correct and up to date to the best of your knowledge and belief, and promise to promptly notify us in the event of any changes to such information.
3.2.3 You will not seek to impersonate another User or any other person or organisation.
3.3.1 You will not use or copy the Website, Services or any information presented on the Website or related to the Services for any purposes other than those set out in these Website Terms, except where any such copying is part of normal use of the Website.
3.3.2 The Website may be used only for lawful purposes and in a lawful manner. You will not misuse the Website by knowingly introducing viruses, trojans, or any other material which is malicious or technologically harmful. You will not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You may not reverse engineer, decompile, disassemble or systematically extract data from any services or software, all or any part of the Website, or any content made available through the Website.
3.4 We do not guarantee the availability of the Website or Services and reserve the right to, from time to time and for any reason, without liability to you:
3.4.1 Make changes to the Services or the Website including to any functionality and content or to discontinue a specific feature; and/or
3.4.2 Suspend the Services or the Website whether wholly or partly, including for repairs, planned maintenance or upgrades.
4.WHAT RIGHTS DO I HAVE IN RELATION TO THE WEBSITE?
4.1 We and our licensors own all the intellectual property rights relating to the Services and the Website, except for any information, comments, images, third party URL links or other material submitted to the Website or us by a User whatsoever in any format (“User Content”).
4.2 You authorise us to submit User Content to the Website on your behalf by filling in the form that we will leave in the Property/ email you after your stay in a Property. The submission of User Content does not guarantee that all or any part of it shall appear on the Website and you agree that we may (at our discretion) remove or modify any User Content at any time and for any reason.
4.3 All rights, title and interest in User Content shall remain the property of the relevant User who provided them.
4.4 Nothing in these Website Terms shall operate to transfer from us to any User any intellectual property rights in relation to any part of the Website, the Services or any information presented on the Website or derived from the Services except as expressly stated in paragraph 4.1.
4.5 You agree to comply with the following do’s and don’ts in relation to intellectual property and User Content:
4.6.1 You promise that you own or have the right to use all copyright and other intellectual property and proprietary rights in all your User Content.
4.6.2 You grant us a non-exclusive, perpetual, transferable, sub-licensable and worldwide licence to use and modify your User Content for our commercial purposes, which include uploading and publishing your User Content on the Website and other websites owned and/or controlled by us, and including such User Content as part of our marketing and other communications (including by email and post).
4.7.1 You will not remove, modify, alter or use any registered or unregistered marks, logos or designs owned by us or our licensors and doing anything which may be seen to take advantage of the reputation and goodwill of Our Holiday or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to us.
4.7.2 You will not submit any User Content that may be deemed by us in our sole discretion to be offensive, indecent, illegal, inappropriate or misleading.
5.WHAT ABOUT LINKS TO OTHER WEBSITES?
5.1 We may provide links to other websites from time to time (via advertising or otherwise). You acknowledge that we do not control these third party websites, are not responsible for their contents and do not endorse any of the material on these websites or any association with their operators.
6.HOW DO YOU KEEP MY DETAILS PRIVATE?
7.HOW DO I MAKE A COMPLAINT?
7.1 If you have a complaint about the Website or our Services (except in relation to any Booking or Property, in which case the Guest Agreement applies), then please e-mail us at: [email protected]
8.HOW DO I CLOSE MY ACCOUNT?
8.1 You may terminate your Account at any time by clicking the “cancel account” link within the Website or by sending an email to [email protected]
8.2 We may terminate these Website Terms, and/or restrict or suspend your Account, at any time and for any reason by written notice to you if you breach these Website Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
8.3 On termination for any reason:
8.3.1 All rights granted to you under these Website Terms shall cease;
8.3.2 If you have not already done so, we will close your Account and you must immediately cease all activities authorised by these Website Terms; and
8.3.3 Any amounts due from you in respect of Bookings shall remain due and payable. If we terminate due to your breach of these Website Terms, we may cancel any Bookings for dates falling on or after the date of termination without liability to you.
9.WHO IS RESPONSIBLE IF SOMETHING GOES WRONG?
9.1 If we breach these Website Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such breach, up to a maximum of one hundred pounds sterling ($100). Losses are foreseeable where they could be contemplated by you and us at the time of entering into these Website Terms.
9.2 Nothing in these Website Terms shall be deemed to exclude, restrict or limit the liability of any party for death or personal injury resulting from negligence or any liability for fraud or fraudulent misrepresentation.
9.3 You agree that we will not be liable to you for or in connection with:
9.3.1 Any User Content. In particular we do not guarantee the accuracy, correctness or reliability of any information and/or photographs on the Website about a Property which are intended to represent that Property and its features to Users (“Property Description”). Properties can change from time to time and not all features of the Properties will necessarily be identical to the description of them as contained in the Property Description found on the Website;
9.3.2 Temporary or permanent suspension, removal, modification or non-availability of the Website or the Services;
9.3.3 Losses not caused by our breach of these Website Terms;
9.3.4 Any consequential or incidental losses which are a side effect of the main loss or damage and are not reasonably foreseeable by you and us at the time of entering into these Website Terms, for example: loss of business, profits, opportunity, income or revenue; or
9.3.5 Failure to provide the Services or Website or to meet any of our obligations under these Website Terms where such failure is due to an event beyond our reasonable control, including fire, storm, flood, riot, civil disturbance, war, nuclear accident, terrorist activity and Acts of God.
9.4 You agree to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Website Terms.
9.5 You have certain rights under the law including that we will provide the Services with reasonable skill and care and within a reasonable time.
9.6 You have certain legal remedies if we breach any of these rights. Nothing in these Website Terms is intended to affect these legal rights or other rights to which you may also be entitled, for example to damages or specific performance. For more information about your legal rights contact your local Citizens Advice Service or Trading Standards Service.
10.WHAT ARE THE GENERAL TERMS THAT APPLY TO THESE WEBSITE TERMS?
10.1 Invalidity: If any part of these Website Terms is found to be invalid by a court or regulator, the other provisions will continue to apply.
10.2 Governing Law and Jurisdiction: If you wish to take court proceedings against us you must do so within the US. If you live in England or Wales the laws of England and Wales will apply and if you live in Scotland, Scottish law will apply. If you are a resident of another EU country, this does not affect your right to bring legal proceedings before the courts and under the laws of your country of residence.
Changes to the Website Terms: We may change these Website Terms from time to time and shall notify you of any such updates and revisions through a message displayed on the Website and/or by other means such as email. Your continued use of the Services and/or the Website shall be deemed to be your acceptance of such changes, except that if any such changes are to your detriment they shall not apply to any Bookings you have made before the changes. If you do not agree with any such changes, you may terminate your Account with us in accordance with these Website Terms.
11.WHAT ARE THE GENERAL TERMS THAT APPLY TO THIS AGREEMENT?
11.1 Notice: Any notices required under this agreement will be sufficiently served if emailed by Our Holiday™ Team to you at your email address or by you at Our Holiday’s email address ([email protected]) provided that no notification of non-delivery is received and the notice will be deemed served 8 hours after sending.
11.2 Data Protection: We may use the personal information provided by the parties to put you and the Host in contact with each other for the purposes of the stay. You and the Host agree not to pass each other’s personal data to any third party.
11.3 Invalid Provisions: If any part of this Rental Agreement is found to be invalid by a court or regulator, the other provisions will continue to apply.
11.4 Governing Law and Jurisdiction: If you wish to take court proceedings against us you must do so within the US. If you live in England or Wales the laws of England and Wales will apply and if you live in Scotland, Scottish law will apply. If you are a resident of another EU country, this does not affect your right to bring legal proceedings before the courts and under the laws of your country of residence.
11.5 Changes to the Rental Agreement: We may change this Rental Agreement from time to time and shall notify you of any such updates and revisions through a message displayed on the Website and/or by other means such as email. Your continued making of Bookings shall be deemed to be your acceptance of such changes, except that if any such changes are to your detriment they shall not apply to any Bookings you have made before the changes. If you do not agree with any such changes, you may terminate your Account with Our Holiday in accordance with the Website Terms which you can find here and cease to make Bookings.