(4) HomeAway does not authorise anyone to register with this Site unless they are able to enter into legally binding contracts. By accessing the Site you hereby confirm you are legally entitled to enter into legal contracts.
(5) HomeAway may revise these Traveller Ts&Cs or any provisions of the Agreement at any time by posting an updated version to this web page. You should visit this page periodically to view the most current Traveller Ts&Cs because they are binding on you. By continuing to use the Site you agree to be bound by such terms.2. The Basics
(1) Subject to clause 13 of these Traveller Ts&Cs, the Site is a place where Travellers can view advertising of, and obtain information about, vacation properties offered for rent (“Properties”) by others, including property owners, lessees and managers, (each, an “Owner” and collectively with a Traveller, the ‘users’). We may also offer from time-to-time online booking or other tools or services to allow users to communicate with each other and to enter into rental agreements or other transactions.
(2) The Site acts only as a venue for users to interact, and HomeAway is not, and does not become, party to any contractual relationship between the Traveller and the Owner, and does not mediate between the Traveller and the Owner in the event of any dispute arising between them. This is true even if the Site facilitates booking a Property or the use of other tools, services or products, as HomeAway is not a party to any rental or other agreement between Travellers and Owners.3. Property Listings and Interaction with Owners
(1) Owners are entirely responsible for all of the information, including images, text and other content, relating to the Properties they offer on the Site (“Listings”), for updating them and ensuring (where relevant) that they are correctly translated. Thus, where a listing is linked to an automated translation facility, such as Google Translate, it is the Owner’s responsibility to ensure that the resulting translation is accurate, and to correct any deficiencies in it.
(2) If a Traveller finds a Property in which they are interested, they can send an information request to the Owner via the Site stating their surname, e-mail address and telephone number, along with any requested information (each an “enquiry”), without having to log in to the Site for the purpose. By sending an enquiry and submitting your email address, you agree and hereby consent to HomeAway to collect and use such information and to receive communications from HomeAway regarding products, services and holiday ideas using such submitted information. You can opt out of receiving these communications at any time by clicking on the unsubscribe link or by contacting us at Customer Support.
(3) The Traveller will receive a confirmation from HomeAway once an enquiry has been sent to the Owner.
(4) The Owner may then communicate with the Traveller in connection with the enquiry.
(5) Where an Owner has enabled online booking, a Traveller will be able to make a reservation online using the Site, which shall be confirmed or declined by the Owner within 24 hours. If the Owner has enabled online payment, a Traveller whose booking reservation is confirmed by the Owner will be able to pay with their credit card through the payments gateway offered by our third party payment provider, HK International. The online payments service is subject to the terms and conditions of HK, and Traveller accepts that Provider HomeAway has no control over nor any responsibility for HK’s services.
(6) Each enquiry is available for review by the relevant Owner, and to selected HomeAway Group employees, who may be asked by Owners or others for a Traveller's past enquiry information. HomeAway also monitor messages from time to time which are sent using our platforms. HomeAway may, from time to time, use third party e-mail servers to send and track receipt of the enquiry emails, and analyse the pattern of enquiry usage reported by these third party tracking systems. Our system does not hold messages indefinitely and they may not be accessible after the message has been delivered to you. You hereby consent to the collection, processing, use and disclosure of such information as indicated in this Clause 3.
Please print a copy of any message which is important to you – for example a payment receipt or a booking confirmation.
(7) HomeAway has no responsibility for, or involvement in, the communications between the Owner and Traveller4. Registration and establishing an Account
(1) Should Travellers wish to use services available to them on the Site other than simply making an enquiry, they must register with the Site. HomeAway does not authorise anyone to register with Site unless they are able to enter into legally binding contracts. As a result of successfully completing the registration process, the Traveller obtains a user account for the Site (an “Account”).
(2) To obtain an Account, a Traveller must follow all of the instructions given by HomeAway during the registration process. A Traveller can sign up for an account using a personal email address or alternatively can sign up using Facebook login credentials by clicking on Facebook login button on registration screen. By registering using Facebook login credentials, a Traveller may also be subject to the terms and conditions applicable to Facebook users and in respect of which we have no responsibility or liability.
(3) Your Account includes information which is made publicly available to other users of the Site and can also be seen by other internet users not registered on the Site, for example, it may show up in Google search engines. An Account includes, amongst other things:
(1) Subject to clause 5(2), HomeAway shall use commercially reasonable efforts to ensure that depictions on the Site of the photos of the Properties that Owners have submitted to HomeAway are as true and accurate a representation of those Properties as practicable. However, you acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
(2) You acknowledge and agree that Owners – and not HomeAway – are responsible for the accuracy with which the photos depict the relevant Property.
(3) HomeAway may occasionally undertake upgrades and maintenance of the Site, its platforms and systems. These works may result in restrictions on the usage or complete suspension of the Site from time to time. HomeAway will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when most Travellers’ usage is least affected.
(4) HomeAway offers a messaging system which may be used by the Owner and Traveller for making contact with one another. Completed enquiry forms will be forwarded to the email provided by the Owner of the relevant Property. You acknowledge that unauthorised third parties may misuse the system and unlawfully intercept or read messages. HomeAway is not liable for any such misuse.
(5) You acknowledge that HomeAway is not responsible for checking the identity, or for the behaviour, of Owners or for establishing the nature, condition or existence of a Property.
(6) HomeAway reserves the right to transfer these Traveller Ts&Cs, and to assign or subcontract any or all of its rights and obligations under the Agreement to a third party, but will not do so in such a way as to reduce any guarantees you are given under these Traveller Ts&Cs.6. Intellectual Property and Related
(1) All content that appears on this Site, and the Site itself, is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
(2) Travellers are permitted to download, display or print individual pages of the Site to evidence their agreement with HomeAway. The relevant file or the relevant printout must clearly bear the text “© Copyright 2001 – Present HomeAway Sarl - All Rights Reserved”.
(3) Where you submit to, or transmit through, the Site or HomeAway’s platform or systems, any content of any type, including text or images, you hereby undertake that you have the right to do so, and, if applicable, have been granted the necessary consent by any persons featured (’model release’) or owners of featured items (’property release’) in such content.
(4) To the extent that your Traveller Reviews or any other content submitted to or via the Site may contain trade marks or other proprietary names or marks of any third party, you hereby confirm and undertake that you have the right to do so.
(5) By submitting Traveller Reviews to the Site, Travellers authorise HomeAway to use them both on the Site and in separately published form.
(6) You hereby grant us an irrevocable, worldwide, royalty-free license to utilise any content submitted by you to or via the Site, for any reasonable purpose.7. Travellers’ Accounts, Communications and Reviews
(1) You must provide only accurate and truthful information concerning your identity, including in respect of your Accounts, profile pages, and any other communications on the Site, including Traveller Reviews of Properties.
(2) You agree to keep your Account login details secret and not to pass them on to third parties or allow them to be used to provide shared access, for example over a network. Travellers should use a password which is unique to their use of the Site – they must not use the same password as is used for another site. HomeAway will never ask Travellers to disclose these details. If you are contacted by third parties and asked for Account login details, under no circumstances should you impart any of those details, but must immediately notify HomeAway of the occurrence by sending an email to [email protected] . In addition, should you notice that your account is being used by an unauthorised third party, you should immediately report the matter to HomeAway by sending an email to [email protected] and change their password.
(3) Messages sent via HomeAway’s systems should only relate to genuine booking enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse HomeAway’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. E-mails and site recommendations transmitted via the “Recommend this site” function should only be sent with the recipient’s consent. You agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information.
(4) Travellers may post their reviews of Owners’ Properties (“Traveller Reviews”) on the Site. The Owner is given the opportunity to view Traveller Reviews, and to respond to them (an “Owner Response”). Some more detail about Traveller Reviews and Owner Responses is available here .
(5) HomeAway also makes available to Owners a facility for Owners to submit to the Site comments provided by people – whether or not they have rented the Property through the Site – who have stayed at the Property (“Guestbook Comments”).
(6) Please note that HomeAway does not, and realistically does not have the ability to, verify the accuracy or otherwise of Guestbook Comments, Traveller Reviews or Owner Responses and is under no obligation to do so.
(7) HomeAway nevertheless requires all Guestbook Comments, Traveller Reviews, Owner Responses and other communications using HomeAway’s systems to conform to the Content Guidelines, and may decline to post or subsequently remove any of them that HomeAway finds, in its sole discretion, do not comply.
(8) In the event that any Traveller Review appears on the Site but fails to conform to the Content Guidelines, then without prejudice to any other available remedies, HomeAway shall be entitled immediately to remove from the Site the relevant non-conforming Traveller Review.
(9) HomeAway does not generally conduct identity checks and is under no obligation to do so. If Travellers suspect that the Owner has supplied false information, they are invited to notify HomeAway by sending an email to [email protected].
You hereby indemnify and hold HomeAway and its affiliates in other countries including HomeAway Group (“HomeAway Affiliates”) harmless against any claims by third parties brought against HomeAway or any HomeAway Affiliate arising out of or in connection with: (a) any material or content you provide to the Site; (b) your use of any content on the Site; or (c) any breach by you of this Agreement. HomeAway will, where reasonably practicable, provide notice to you promptly of any such claims.9. Prohibitions
The Traveller shall not directly or indirectly:
Travellers are responsible for ensuring that their communications, and content posted, through or in connection with the Site, including Traveller Reviews and communications with Owners, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright, data protection law or the Content Guidelines. HomeAway may monitor any data on the Site or HomeAway’s platform or systems and delete it or alter it when it is no longer accurate or up-to-date. Without prejudice to any other available remedies, HomeAway shall be entitled immediately to remove from the Site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account.11. Notifications
(1) Messages are by sending an email to [email protected] or by ordinary post to HomeAway Sarl 105 Rue de Lyon, Floor 4 1203 Geneva, Switzerland.
(2) Notifications of copyright infringement must contain:
In no event will HomeAway be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the Site or HomeAway’s platform or systems, any materials or content you submit to the Site, and your use of the Site and/or any transaction between users, even if HomeAway has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the Site or HomeAway’s platform or systems, you do not agree with any part of these Traveller Ts&Cs, then your sole and exclusive remedy against HomeAway is to discontinue using the Site. Nothing in these Traveller Ts&Cs shall exclude or restrict HomeAway Group ‘s liability for death or personal injury resulting from its negligence; nor for HomeAway Group’s fraud or fraudulent misrepresentation.13. Suspension and Termination
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part of specific functionality thereof) with or without notice. You agree that we and HomeAway Group shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Site. In addition, we reserve the right to terminate your access to the Site for any reason (or for no reason), and to take any other actions that HomeAway, in its sole discretion, believes to be in the interest of our company and of our users as a whole.14. Disclaimer
The Site is made available “as is” and we do not warrant that the Site will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through the Site. We do not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to the Site or any information or goods that are available or advertised or sold through the Site. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed on this Site or available through links on the Site. We reserve the right to correct any errors or omissions on the Site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “trojan horses” or other destructive materials to the Site, we do not guarantee or warrant that the Site or materials that may be downloaded from the Site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on the Site and any materials available through the Site, you do so solely at your own risk.15. Legal Disclosure
You agree that in the event we are required by an order issued by a court or from a law enforcement or government agency, we shall comply with such requests and you hereby consent to such disclosure of your IP address, username, name, IP location or such other information (including personal information) as requested in response thereto.16. Miscellaneous
(1) These Traveller Ts & Cs, and the relationship between the Owner and HomeAway, shall be governed by and construed in accordance with the laws of Switzerland and subject to the non-exclusive jurisdiction of the English courts.
(3) HomeAway recommends that you save your own copy of these Traveller Ts&Cs in a separate file on your device or in print-out form.
(4) HomeAway’s failure to act with respect to a breach of these Traveller Ts&Cs by the Traveller or others does not waive HomeAway ’s right to act with respect to subsequent or similar breaches.
(5) The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Traveller Ts&Cs.
(6) The invalidity of one or more provisions of these Traveller Ts&Cs shall not affect the validity of the other provisions.
(4) If the Owner is a company, partnership or other entity, a person who uses this site, and/or agrees to the Owner Ts&Cs, on behalf of that Owner represents that he/she has the authority to bind the entity to these Owner Ts&Cs.
(5) HomeAway does not authorise anyone to register with this site unless they are able to enter into legally binding contracts.
(6) HomeAway may revise these Owner Ts&Cs at any time by posting an updated version to this Web page. You should visit this page periodically to view the most current Owner Ts&Cs because they are binding on you.
Owners who violate the Owner Ts&Cs may have their access and use of the Site suspended and their Property Listings removed from the Site, at HomeAway’s discretion.
2. The Site is a Venue only
(1) This site is a venue which allows Owners to advertise one or more holiday rental properties (each a “Property”) for rent in a variety of pricing formats to potential tenants (each, a “Traveller” and, collectively with an Owner the ‘users’). We may also offer online booking or other tools or services to allow Owners and Travellers to communicate with each other and to enter into rental agreements or other transactions.
(2) The Site provides a venue for users to interact, and HomeAway is not, and does not become, party to any contractual relationship between the Traveller and the Owner, and does not mediate between the Traveller and the Owner in the event of any dispute arising between them. This is true even if the Site facilitates booking a Property or the use of other tools, services or products, as HomeAway is not a party to any rental or other agreement between Travellers and Owners.
3. Property Listings
3.1 Purchasing a Listing
(1) Owners can agree with the HomeAway to place on the site a paid-for advertisement for a specific Property (each, a “Listing”).
(2) To purchase a Listing, the Owner must make an order by means of the Site’s online order form and pay HomeAway the fees for the relevant Listing (“Listing Fees”). The Listing Fees may vary if the Owner signs up to the “Tiered Pricing” service where, depending on the ranking level Owner has signed up to a Listing shall be placed on a more prominent position than another. By submitting an order form the Owner warrants that all of the information they have provided to HomeAway is accurate and complies with the Listing Terms set out in clause 4 below.
(3) Listings sold by HomeAway run for the full term as selected by the Owner on the relevant order form. That term starts on the date that the Owner submits the full or initial (as applicable) payment of Listing Fees (the “Purchase Date“) and expires on the last date of the term selected by the Owner (the “Listing Term“), unless renewed as provided in sub-paragraph (6) below. For example, if the Purchase Date for an annual Listing Term is July 1st, the Listing would expire on June 30th of the following year (unless renewed as provided below).
(4) Note that all Listings and other additional services paid for with a credit card will be automatically and continuously renewed at the end of their respective term. Listings will be renewed for the same duration as the initial Listing Term (or by twelve months, if the initial Listing Term was more than twelve months) and services will be renewed to match the Listing term (each a “Renewed Listing Term”). Special discounts granted for the initial Listing Term are not granted for a Renewed Listing Term. The automatic extension of a Listing Term can be deactivated at any time before the end of the initial Listing Term or the then-current Renewed Listing Term by means of the "deactivate automatic extension" link or by notifying HomeAway by sending an email to [email protected]. To avoid doubt, any such deactivation will only take effect at the end of the initial Listing Term or Renewed Listing Term in which the deactivation occurs.
(5) Payments to HomeAway can be made by direct debit, bank transfer, credit card payment or any other method authorised in advance by HomeAway. The pre-notification period for any SEPA direct debit payment is shortened to 1 day. All banking and other fees relating to a payment shall be borne by the Owner.
(6) Note that Owners who are qualifying Property Managers may apply to HomeAway to enter into a separate Property Manager Listing Contract.
(7) If an Owner purchases a Listing, but does not complete the creation of the Listing or the Listing does not appear on the site for any other reason, refund requests for Listing Fees will be considered by HomeAway, but are only available if applied for by the Owner by contacting HomeAway by sending an email to [email protected] during the first three (3) months following the relevant Purchase Date (the “Initial 3 Months“), and on the condition that: (i) the relevant Listing has not appeared on the site during the Initial 3 Months; and (ii) the failure of the Listing to appear on the site during the Initial 3 Months does not result from the Owner failing to take such steps as HomeAway may require in relation to the completion of the Listing.
(8) If no such refund is applied for or granted, but the relevant Listing is completed and appears on the site after the end of the Initial 3 Months, HomeAway may in its discretion permit the Listing Term to continue until fifteen (15) months after the Purchase Date for that Listing.
(9) Listing Fees are non refundable in the event that the Owner terminates the Agreement or wishes to remove a Listing before the end of the Term of subscription initially chosen.
(10) HomeAway reserves the right to decline to place any Listing that appears, in HomeAway’s discretion, to be capable of infringing, or be associated with the infringement of, any provision of these Owner Ts & Cs.
(11) While Owners and property managers can influence a Listing's position, the search results are dynamic. As a result, Owners may notice ongoing fluctuations in their listing position.
3.2 Pay-Per-Booking Listings
(1) Owners can choose to list their properties under a pay-per-booking subscription type, enabling them to advertise each Listing without any upfront fee, but in exchange will be charged a commission equal to a percentage of the base rental amount paid by a Traveller on every booking sourced through the Site, as set out in the subscription process (“the Commission”). HomeAway reserves the right to change the applicable Commission, with any changes to be notified to the Owner 30 days before the new Commission is applied. The new Commission rate will be deemed accepted if the Owner does not remove his Listing by the time the new Commission is applied.
(2) The calculation of the Commission will include applicable payment processing fees related to online payment, but shall not be assessed on amounts charged for taxes and any other product or service purchased by the Traveller and charged by HomeAway, such as insurance products. It is the Owners’ duty to accurately breakdown the different amounts charged to the Travellers.
(3) Online booking and payments are required for all pay-per-booking Listings. Owner further commits to manage communications enquiries and booking payments through HomeAway’s platform and tools. Use of external tools and payments not processed through HomeAway’s platform is strictly forbidden.
(4) Processing of the amounts paid by the Travellers, less HomeAway’s commission, is managed by HomeAway’s third party provider Remar Bilgi Teknolojileri Turizm ve Pazarlama Anonim Şirketi, and processed 24 hours after check-in date as originally booked by the Traveller. Owner acknowledges and accepts that HomeAway has no involvement in the payment process and shall have no responsibility with regards to the correct payment of the booking.
(5) Owner commits to provide only accurate and up to date information in each Listing (including the description, rates and cancellation policy), and shall not impose different conditions on the Traveller than those set out in the listing. Failure to comply with the obligations set forth in these terms and conditions may result in Owner’s permanent exclusion from the Site and from any of its affiliated sites.
(6) Owner shall choose a cancellation policy among the ones proposed by HomeAway. The selected cancellation policy may be changed by the Owner at any time and shall be applicable to all Listings. No Commission shall be charged on cancellation of bookings where the applicable policy allows full refunds, but shall be charged on any amounts withheld according to the terms of the applicable policy.
(7) Sort order for Listings depends on HomeAway’s algorithms and may vary from time to time. No guarantee is given on any position within the search results, but the position of a Listing can be improved through quality criteria, such as number and quality of pictures, quotable rates, description, calendar updates, etc.
(8) Listings published under the pay-per-booking subscription type may be displayed on other sites of HomeAway’s affiliates, and on the sites of companies with which HomeAway may have signed distribution agreements, to the extent that such sites enable online payment. However, HomeAway gives no guarantee of publication other than on the Site where Advertiser originally registered its Listing and within the limit of HomeAway’s right to publish a Listing or not.
(9) Conversion of a Listing from a pay-per-subscription model to a pay-per-booking one is only possible at the end of the subscription term for each Listing. Conversion from pay-per-booking to pay-per-subscription can be processed at any time.
(10) Listing published on a pay-per-booking basis will be displayed on the Site indefinitely; however HomeAway reserves the right to remove or refuse to publish any Listing at any time in its sole discretion. Advertiser can also suspend or remove their Listings at any time, through their dashboard or by contacting customer service.
(11) With Pay-Per-Booking listings, your Listing will have a variable sort placement and presence in search results is not guaranteed.
4. Listing Terms
(1) The Owner warrants that all of the information provided to HomeAway is accurate and up-to-date, including, but not limited to any and all representations about any Property, its amenities, location, price, and its availability for a specific date or range of dates. The Owner will only list Properties which the Owner is entitled to rent to Travellers, and each Listing must relate to an individual and uniquely identified Property.
(2) The Owner undertakes to ensure that the information on the Listing is kept accurate and up-to-date for the entire time the Listing remains on the Site, and: (i) if a translation is provided to ensure that it is carefully and correctly translated, and: (ii) to comply with the listing guidelines when drawing up the Listing. The Owner shall not give misleading particulars about the origin of any information or include details that may conceal the true source of any information.
(3) The Owner undertakes to ensure that the calendar for each Listing is kept accurate and up-to-date to reflect the availability of the relevant Property as it is booked. On date-based searches, listings having calendars which are 60 days or more out of date will be filtered out of results.
(4) Owners are responsible for ensuring that their Listings do not infringe the law or the rights of any person or entity. Listings must not contain false information, personal insults, anything slanderous or defamatory, or anything that infringes copyright or data protection law.
(5) Photographs included in a Listing should depict the Property as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party.
(6) We may from time to time provide or facilitate services to Owners to create or improve the quality of their property listings. We also may from time to time create new, or otherwise change, the location or geographic descriptions we use to identify properties in their listings and search results. Consequently, we may change the location or geographic description associated with any property listing. However, we assume no responsibility to verify property listing content or the accuracy of the location. Owners are solely responsible for ensuring the accuracy of listing content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy.
(7) If any Listing is in breach of these Listings Terms, HomeAway reserves the right to suspend, down-tier or terminate the relevant Listing or all Listings associated with the Owner in accordance with clause 12 of these Owner Ts&Cs.
5. Listing Details and Services
(1) In a standard Listing, one (1) Property rental is displayed. If the Owner selects to display “Multi Unit Listing”, such Multi Unit Listings shall be at the same physical address as part of the Listing.
(2) In a standard Listing, up to twenty-four (24) photos of a Property may be displayed. A cut-down version of the Listing is shown on the site as a search snippet, in the form of a preview with a picture of the Property, linked to the full-page Listing.
(3) In addition, a search summary snippet (either with or without a picture of the Property) and linked to the full-page Listing (with or without machine-translated text) may appear on the websites of affiliates of HomeAway (including affiliates in other countries) (collectively, “HomeAway Affiliates”). The availability of search snippets, and the inclusion of Property photos in them, on such HomeAway Affiliate websites is dependent on the availability of the relevant functionality on those websites. The Owner acknowledges that these search summary snippets may appear very low in the search hierarchy of the relevant websites. Should the Owner wish to improve the prominence of such search summary snippets, it is necessary for the Owner to purchase an International Upgrade, as provided in Clause 6 below.
(4) Property search snippets are searched and displayed based on HomeAway’s sort algorithm. Travellers can also search Listings according to various criteria, such as:
(5) HomeAway has implemented the Google Translate service on the site. Owners can use this service free of charge to have their Listings translated. The Owner acknowledges and accepts that this is a static machine translation system which frequently makes mistakes. After translation, the Owner must review the translation, and correct all inaccuracies in it. HomeAway does not have any responsibility for the accuracy or otherwise of the Google Translate service. The Owner accepts that Google Translate is provided under Google’s terms and conditions of service and the Owner should review those terms before using Google Translate.
(6) HomeAway offers the possibility to link Listings to Google Maps. In order to do so, the Owner must confirm that the address indicated for the relevant Listing is correct on the Owner’s dashboard, and must separately agree to Google’s relevant terms and conditions. The Owner accepts that Google Maps is provided under Google’s terms and conditions and HomeAway will not be responsible for the functioning, accuracy or otherwise of Google Maps. The Owner acknowledges and accepts that the Google Maps’ service is not error free and the Owner will ensure that the correct location of the Property is shown by Google Maps when using this service.
(9) If the Owner has its own website upon which properties or property units available for rental appear (an “Owner Website”), the Owner may place links from each Listing to the Owner Website, on condition that at all times Properties available through Listings on the site represent at least 50% of the total number of properties/property units available for rental on or through, including by means of advertising placed on or sites directly or indirectly linked to, the Owner Website. If HomeAway finds that the requirements of this sub-Clause have been breached, HomeAway will be entitled to remove any link or reference to an Owner Website from each Listing immediately, and notify the Owner by email that this has been done.
6. The Dashboard, Online Payments & Bookings, Internet Fraud Guarantee, Guestbook and Traveller Reviews
(1) Upon registration, an Owner is given a user profile in which the data he contributes is recorded and in which all the Property rentals offered by that Owner are specified (the “Dashboard”).
(2) The Dashboard provide various functions which are intended to assist Owners to manage their Properties through the site; these functions, and the Dashboard itself, are made available on an “as is” basis, and HomeAway does not undertake that the Dashboard or its functions will be complete or error-free.
(3) In the Dashboard, the Owner can register for the “online payment” service which enables Travellers to make payments to the Owner via an online payments gateway offered by our third party payment provider, Remar Bilgi Teknolojileri Turizm ve Pazarlama Anonim Şirketi. The online payments service is subject to the terms and conditions of Remar Bilgi Teknolojileri Turizm ve Pazarlama Anonim Şirketi, and Owner accepts that HomeAway Group has no control over nor any responsibility for Remar Bilgi Teknolojileri Turizm ve Pazarlama Anonim Şirketi services and will not be responsible for it. Owner can also choose the “online booking” service which includes not only the “online payment” service (as described above), but which also provides the ability for Travellers to make online booking reservations for a Property.
(4) Through the Dashboard, the Owner has access to Guestbook(s) and Traveller’s Reviews for the Owner’s Properties.
(5) The Guestbook provides a facility for Owners to submit to the site comments provided by people – whether or not they have rented the Property through the site – who have stayed at the Property (“Guestbook Comments”). Guestbook Comments must be genuine comments made by unconnected third parties who have stayed at the Property on a paid-for basis: we may require Owners to prove the genuineness of Guestbook Comments as a condition of including them on the site. Some more information about Guestbook Comments is set out here.
(6) Travellers may also post their own reviews of Owners’ Properties (“Traveller Reviews”) on the site. The Owner is given the opportunity to view Traveller Reviews, and to respond to them (an “Owner Response”). Some more detail about Traveller Reviews and Owner Responses is availablehere. Please note that HomeAway does not, and does not realistically have the ability to, verify the accuracy or otherwise of Traveller Reviews. The Owner’s sole remedy, and HomeAway’s sole obligation, in the event that an Owner disputes any aspect of a Traveller Review is to permit the Owner to post an Owner Response to it.
(7) HomeAway requires all Guestbook Comments, Traveller Reviews, Owner Responses and other communications to conform to the Content Guidelines, and may decline to post any of them that HomeAway finds does not do so. In the event that any Guestbook Comment, Traveller Review or Owner Response appears on the site but fails to conform to the Content Guidelines, then without prejudice to any other available remedies, HomeAway shall be entitled immediately to remove from the site the relevant non-conforming Guestbook Comments, Traveller Reviews and Owner Responses.
7. Enquiries and messages
(1) Enquiries sent using the HomeAway system are available for review by the Traveller who originally sent it and to a limited number of HomeAway Group customer service employees, who may be asked by Travellers or others for their past enquiry information. HomeAway Group also monitors messages from time to time which are sent using HomeAway platform or systems. HomeAway may, from time to time, use third party e-mail servers to send and track receipt of emails, and analyse the pattern of emails sent using third party tracking systems. HomeAway’s system does not hold messages indefinitely and they may not be accessible after the message has been delivered. Any email addresses included within the conversation/open text of enquiries sent by Travellers or in messages sent using HomeAway platforms or systems will be removed and replaced with [email protected]
Owners should print a copy of any message which is important – for example a payment receipt or a booking confirmation.
(2) HomeAway has no responsibility for, or involvement in, the communications between the Owner and Traveller.
8. Property Managers
(1) HomeAway may grant special terms to Owners who have Listings offering more than 10 Properties (known as “Property Managers”). These terms can be applied for by contacting HomeAway through our Property Manager Information page. Listings of Property Managers are marked with a special icon on the site’s Property search results.
(2) If Property Managers have placed, and continue to place, at least 50% of their holiday rentals on the Site, they are eligible for the program known as “Brand Boost”. Owners who qualify for Brand Boost obtain their own Property Manager profile on the site. HomeAway may require Property Managers to prove their eligibility for Brand Boost including (without limitation) by showing their compliance with the criteria for linked Owner Websites referred to in Clause 5(9) above. If HomeAway finds that the requirements of this sub-Clause have been breached, HomeAway will be entitled to remove from the Property Manager all benefits of Brand Boost immediately, and notify the Property Manager by email that this has been done.
(3) The agency profile is a subpage offered by HomeAway on which Property Managers may present their property management business. This page can be reached through a link from every Listing made by the Property Manager Owners who participate in the Brand Boost program. It lists all of the Property Manager's Listings appearing on the site.
9. Additional Paid Services
HomeAway makes available, and may from time to time add to or remove, additional paid-for-services that Owners decide to take (“Additional Paid Services”). The Additional Paid Services currently include:
(1) The “Multi Unit Listing” service, which enables an Owner of a particular Property with multiple rental units to advertise them up to four (4) additional paid listings in a common Listing. All such units must be at the same address, and part of the same living unit.
(2) The “International Upgrade” service, under which the Owner's Listing is also advertised on the relevant site(s) of HomeAway Affiliates. The service will run offers for individual countries or in packages for all countries e.g. in Europe (European bundle), UK (UK bundle) or worldwide (Global bundle) in which HomeAway or HomeAway Affiliates have services.
(3) If an Owner subscribes to the “Featured Listing” service, the Property photo linked to the full Property details page of the Listing will additionally be shown in the rotation list above the search results. Note that the regularity with which a Featured Listing appears depends upon the number of other property Listings that have bought this additional service; the greater the number of such Listings, the lesser the regularity of their appearance.
(4) The Owner may agree to have a Listing entered in HomeAway’s “Special Categories” (e.g. for golf, skiing). The Listing in each Special Category is normally highlighted by its own icon which should appear on all search snippets for Listings which have been subscribed for the relevant Special Category. These Listings are shown above Listings that have similar characteristics but which have not subscribed for the appropriate Special Category.
(5) Instead of translation through Google Translate, HomeAway also provides the possibility of having the Listing translated by a professional translation agency.
(6) More information about Additional Paid Services can be found on Site. Each Additional Paid Service may be subject to additional terms and conditions which will be available to the Owner at the time when the Owner agrees to take the relevant Additional Paid Service.
10. Users’ Personal Information; No Spam.
(1) We do not tolerate spam or unsolicited commercial electronic communications of any kind. You agree that, with respect to other users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for:
a. Site-related communications that are not unsolicited commercial messages,
b. using services offered through the Site, and
c. enquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site (such as responding to a booking enquiry or charging a personal credit card).
(2) Any other purpose, including (i) disclosure to a third party, or (i) adding a user to your mailing list will require the express permission from the user.
(3) You agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information.
(1) The Owner shall not directly or indirectly:
With respect to the Site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
Monitor content on the site or communications with Travellers by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or property rental adverts, or any subset of the same or which is in the business of providing holiday property rental services or other services that compete with the site or HomeAway) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with HomeAway’s robots.txt file;
Use the site or HomeAway’s platform or systems for purposes other than those referred to in these Owner Ts&Cs;
Use the site or the tools and services on the site for the purpose of booking or soliciting a rental for a property other than a Property under a valid Listing;
reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;
Upload or send to the site any content or programs, which on account of their size or nature, might damage HomeAway’s computers or networks;
Include content on the site or HomeAway’s platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;
Use or access the site or HomeAway’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus“ includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);
Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing“ (whether primary, secondary or other) or that would give rise to criminal or civil liability;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
Refer to HomeAway or any HomeAway Affiliate in any way that might lead someone to believe that the Owner, any Property, Listing or website is sponsored by, affiliated with, or endorsed by HomeAway or any HomeAway Affiliate; or
Substitute a Property in a Listing for another Property without the prior consent of HomeAway. Prohibited substitution activities include:
multi-unit listing: use of one Listing to promote more than one property available in a building;
Substitution: changing the Property which is displayed in a Listing as that Property becomes booked; and
Leeching: offering a Traveller who enquires through the Site a different Property than the one which is displayed in the relevant Listing.
(2) In the event of any breach of this clause by an Owner, HomeAway reserves the right to suspend, down-tier or terminate the relevant Listing or all Listings associated with the Owner in accordance with clause 12 of these Owner Ts&Cs.
If HomeAway determines, or an allegation is made, that:
Listings or other content associated with an Owner contain any material that infringes the Content Guidelines, the law, applicable regulations or the rights of any person or entity;
an Owner has submitted unsuitable material to, or misused, the site;
an Owner’s listing or rental practices are unacceptable or unfair (for example, and without limitation, if an Owner double-books a Property for multiple travellers on the same date, or engages in any practice that would be considered unfair or improper within the holiday rental industry);
the Owner is in material breach of these Owner Ts&Cs (which shall include, for the avoidance of doubt, any breach of clause 4 ‘Listing Terms’ or clause 11 ‘Prohibitions’) any other obligations owed to HomeAway, any HomeAway Affiliate or Traveller;
an Owner has been is abusive or offensive to any employee or representative of HomeAway;
an Owner uses a false identity;
HomeAway’s systems or communications platforms have been otherwise misused; or
anything similar to the foregoing has occurred in relation to any of HomeAway Affiliates,
then HomeAway shall be entitled to, at its sole discretion, (i) suspend, (ii) down-tier, or (iii) terminate either (a) any affected Listings, or (b) all Listings associated with that Owner (including, for the avoidance of doubt, any Additional Paid Services relating to those Listings) immediately and without refund of Listing Fees or any other fees or charges paid by the Owner.
Note that HomeAway assumes no duty to investigate complaints.
13. Rights and obligations of HomeAway
(1) HomeAway may change, suspend or discontinue any aspect of the Site at any time, including the layout and the availability of any Site features, database or content without any prior notice or liability.
(2) HomeAway shall use commercially reasonable efforts to ensure that Property depictions on the site are as true and accurate a representation as practicable of the photographs of their Properties that
Owners have submitted to HomeAway. However, Owners acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
(3) HomeAway may occasionally undertake upgrades of the site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the site. HomeAway will, where possible, aim to ensure that maintenance of the site that causes any such restriction is undertaken at a time when most Travellers’ usage is least affected.
(4) HomeAway may conduct identity checks and ask for proof to establish the existence of a Property and/or an Owner and ownership. If HomeAway – including as a result of information provided by Travellers - suspects that the Owner has supplied false information, the Owner acknowledges that HomeAway is entitled to carry out identity checks on the Owner or to prove the existence of a Property; if requested to do so, the Owner agrees promptly (and in any event within any period requested by HomeAway) to supply to HomeAway such proof of identity or of a Property’s existence as HomeAway requests. Each Owner acknowledges that failure to comply with any such request constitutes a breach of these Owner Ts&Cs.
(1) All content that appears on this site, and the Site itself, is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
(2) Owners are permitted to download, display or print individual pages of the Site to evidence their agreement with HomeAway. The relevant file or the relevant printout must clearly bear the text “© Copyright 2001 – Present HomeAway Sarl - All Rights Reserved”.
15. Further rights and obligations of the Owner
(1) The Owner shall submit truthful particulars about his/her personal identity, payment data, Property offered in Listings and other communications using HomeAway Group systems.
(2) Owners are required to keep their account login details secret and not to pass them on to third parties or use them to provide shared access for example over a network. Owners should use a password which is unique to their use the Site – they must not use the same password as is used for another site or email account. HomeAway will never ask Owners to disclose this data. If Owners are contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify HomeAway of the situation by email to HomeAway Help. Should any Owners notice that their account is being used by an unauthorised third party, they should immediately report the matter to HomeAway by sending an email to [email protected] and change their password.
(3) The Owner shall be responsible for all charges relating to the Property and the Listings, and shall account to the relevant authorities for all applicable taxes (including, where relevant, VAT) on the payments they receive.
(4) If the Owner is VAT registered in the country which is based in an EU member state, it must provide HomeAway with the valid VAT number. This number has to be validated by VIES http://ec.europa.eu/taxation_customs/vies/. HomeAway will then apply reverse charge mechanism to the Owner, under Art. 196 of Directive 2006/112/EC relating to the reverse charge mechanism. Where Art. 196 applies the Owner’s invoice will not include any VAT. You may be required to account for VAT in your local Member State. Owner shall provide the valid VAT number immediately, however no later than thirty (30) days after registration. If the VAT number is provided after thirty (30) days, HomeAway will not refund any VAT amount. The reverse charge mechanism does not apply when the Owner is based in United Kingdom, UK VAT will be charged in that case.
(5) HomeAway reserves the right to transfer these Owner Ts&Cs, and to assign or subcontract any or all of its rights and obligations under these Owner Ts&Cs, to a third party but will not do so in such a way as to reduce any guarantees given to the Owner under these Owner Ts&Cs.
(6) For Owners who are not registered for VAT, HomeAway will charge the VAT in force in the Owner’s country of residence, which will correspond to the address provided by the Owner at the time of registration. It is the Owner’s sole responsibility to verify that the address provided is accurate and up-to-date. Once an invoice has been issued it cannot be modified.
16. User rights to content
(1) Where an Owner submits to or transmits through the site or HomeAway’s platform or systems any content of any type, including text or images, the Owner undertakes that it has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or owners of featured items (’property release’).
(2) To the extent that Owners’ Listings and other submissions may contain trademarks, Owners warrant that they have the right to use them, including sublicensing rights.
(3) By submitting any form of content to the site, the Owner authorises HomeAway and each of its HomeAway Affiliates to reproduce in whole or in part, display and disseminate the content in connection with the performance of these Owner Ts&Cs and in the promotion of the Site.
Owner agrees to defend, indemnify and hold harmless HomeAway and each HomeAway Affiliate, and their respective officers, directors, employees and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) brought by third parties brought against HomeAway or any HomeAway Affiliate alleging or arising out of or in connection from (a) any content or material the Owner submits or provides for inclusion on the Site; (b) any use by the Owner of the Site; and (c) any breach of these Owner Ts&Cs on the part of the Owner.
18. Contacting us
(1) Any messages should be sent to HomeAway using by sending an email to [email protected] or HomeAway’s platform or by post.
(2) Notices regarding infringements of copyright must specify the following:
Your address, telephone number and email;
Detailed information about the content concerned (display of the image or text), including a link to the site; and
A formal declaration showing that you;
Are the holder of the exclusive user right to the work;
Have not authorised the use of the relevant material in this form.
19. HomeAway's limited liability
In no event will HomeAway be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site, your use of the site and/or any transaction between users, even if HomeAway has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the site or HomeAway’s platform or systems, or you do not agree with any part of these Owner Ts & Cs, then your sole and exclusive remedy against HomeAway is to discontinue using the site. In all events, our liability, and the liability of HomeAway Group, to you or any third party in any circumstance arising out of or in connection with the site is limited to the greater of (a) the amount of fees you pay to us in the six months prior to the action giving rise to liability, and (b) £100.00 in the aggregate. Nothing in these Owner Ts & Cs shall exclude or restrict HomeAway Group’s liability for death or personal injury resulting from its negligence; nor for HomeAway Group’s fraud or fraudulent misrepresentation.
(2) HomeAway recommends that the Owner saves his/her own copy of these Owner Ts&Cs in a separate file on its PC or in print-out form.