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Terms & Conditions

 

When using www.go2-holidays.com ("Go2"), either as a buyer or seller, you agree to be bound by the following terms and conditions (the "Terms"). Please read through these Terms carefully as they constitute a legally binding agreement. You are contracting with Go2 Holidays ("we" or "us"). Do not use Go2 if you cannot fully agree with these Terms.

 

Terms & Conditions in effect from March 2010.


1. Go2 is a holiday advertising website

1.1. We do not own the properties listed on Go2, nor can we enter into any contract concerning such properties, so we are therefore not a party to any rental transaction. Go2 acts as an online holiday let advertising venue which allows members of our site (each, a "member") to offer for rent, or to rent, at a range of prices, specific holiday rental properties to potential renters (each, a "visitor" and, collectively with a member, the "users"). Go2 is not involved in the actual transaction between visitors and members even though we may from time to time provide tools, such as direct booking, that enable a visitor to enter into a transaction to lease a specific property directly from the member who rents that property. As a consequence, the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or user review), the ability of members to rent holiday properties or the ability of visitors to pay for holiday rental properties are solely the responsibility of the users.

2. Personal use of Go2

2.1. Although fees are charged to members to advertise their holiday rental properties on Go2, there is no charge made to visitors to access Go2 and research listings. Accordingly, we grant users a limited, revocable, non-exclusive license to access Go2 to, as applicable, advertise holiday rental properties and/or research, view or make legitimate enquiries to members regarding their interest in particular holiday rental properties for their personal use, all in accordance with these Terms. Any other use of Go2 is expressly prohibited. This license does not include any right of collection, aggregation, copying, duplication, display or derivative use of Go2 nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to Go2, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same, or which is in the business of providing holiday property rental services.

3. Proprietary rights and the downloading of information from Go2

3.1. The text, files, images, photos, maps and other materials on Go2 (collectively, the "content") are for your personal use only. All content on Go2, and Go2 itself, is protected by copyright and database rights, and you must abide by any and all additional copyright notices, information, or restrictions contained in or relating to any content on Go2. Copying or storing of any content for other than your own personal, noncommercial, use is expressly prohibited without the prior written permission from Go2 or the applicable copyright holder. As part of the rental enquiry process, for your own personal, noncommercial, use and not for further distribution, you may download, display, and/or print one (1) copy of any portion of Go2. You may not modify the same, and you must reproduce our copyright notice in the form "© Go2 Holidays 2010" as displayed on the relevant portion(s) of Go2 that you desire to download, display or print.

4. Unauthorized use of Go2

4.1. Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:

• Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
• Reproduce any portion of Go2 on your own website or otherwise, using any device including, but not limited to, use of a frame or border environment around Go2, or other framing technique to enclose any portion or aspect of Go2, or mirror or replicate any portion of Go2;
• Modify, translate into any language or computer language, or create derivative works from, any content or any part of this site;
• Reverse engineer any part of Go2, save to the extent expressly permitted by applicable law;
• Sell, offer for sale, transfer, or license any portion of Go2 in any form to any third parties;
• Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of Go2;
• Use Go2 other than to advertise and/or research holiday rentals and to make legitimate enquiries to our members;
• Use Go2 to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;
• Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
• Use or access Go2 in any way that adversely affects the performance or function of Go2, or any other computer systems or networks used by us or the site, or infringes on our copyright or any copyright of our members;
• Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of publicity or privacy or any other proprietary rights;
• Upload or transmit to Go2 or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of Go2, or appropriate Go2 or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party; or
• Disguise the origin of the information transmitted through Go2.
If you are aware of or experience any content, activity or communication through or in connection with Go2 that appears to be in violation of the above, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us.

5. Changes to Go2 & unavailability of website

5.1. We may change, suspend or discontinue any aspect of Go2 at any time, including the availability of any Go2 features, database, or content, where we have legal, commercial or technical reasons to do so. We may also impose limits on certain features or services or restrict your access to parts or all of Go2 for similar reasons.

5.2. There may also be times when Go2 becomes inaccessible as a result of technical difficulties experienced by us or on the Internet. We will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to Go2 or any of its specific features.

6. Privacy and email marketing

6.1. By becoming a user, you agree to receive emailed marketing communications from Go2 relating to our products and services. Each of those emailed marketing communications will, in line with prevailing law, give the user the opportunity of opting-out of receiving future similar communications.  

6.2. Please review Go2's Privacy Policy for more information regarding information collection practices and safeguards. Your use of Go2 signifies your acknowledgement of and agreement to our Privacy Policy.

7. User identity verification

7.1. User verification on the Internet is difficult and we cannot and do not confirm each user's purported identity. For your own protection we encourage you to communicate directly with a visitor or member through the tools available on Go2.

8. Limitations of use of other user's information

8.1. You agree that, with respect to other users' personal information that you obtain through Go2or through any site-related communication or any site-facilitated transaction, we have granted to you a license to use such information only for: (a) any site-related communications that are not unsolicited commercial messages, (b) using services offered through Go2, (c) facilitating a financial transaction between you and the other user (such as an on-line booking or charging a personal credit card) and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users' personal information with the same degree of care that you protect your own confidential information, and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

8.2. We do not condone 'spam'. Therefore, without limiting the foregoing, you are not licensed to add a Go2 user, even a user who has rented a holiday property from you or to you, to your mailing list (email or physical mail) without the user's express consent.

9. Responsibility for user-contributed content

9.1. We have no duty to pre-screen content posted on Go2 by members, visitors or other users (including, without limitation, reviews of entries for any particular rental property), (collectively, "user-contributed content"), and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on Go2 of, or to remove from, any user-contributed content that fails to meet our content requirements. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user under Clause 4 or 15 of these Terms or by a third party, that Clause 4 of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of that user-contributed content.

9.2. All property listings on Go2 are submitted by the member and are the responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, or any alleged breaches of contract on a member's part. Members are solely responsible for keeping their property information up to date on Go2, including, but not limited to any and all representations about any property, its amenities, location, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, property location, suitability, pricing or availability information published on Go2 is accurate or up-to-date even in the case where prospective visitors have searched for specific special offers, dates, or types of properties. Members are solely responsible for ensuring the accuracy of any property descriptions. However, we reserve the right at all times to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request.

10. Limitation of liability

10.1. In no event will we, Go2, or any member of Go2 Holidays be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from our site, these Terms, your use of Go2 and/or any transaction between users, even if we or they have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with Go2, you do not agree with any part of these Terms, then your sole and exclusive remedy against us is to discontinue using Go2. In all events, our liability, and the liability of any member of Go2 Holidays, to you or any third party in any circumstance arising out of or in connection with Go2 is limited to the greater of (a) the amount of fees you pay to us in the twelve months prior to the action giving rise to liability, and (b) £50.00 in the aggregate. Nothing in these Terms shall exclude or restrict our liability for death or personal injury resulting from our negligence; nor for our fraud or our fraudulent misrepresentation.

11. Disclaimer

11.1. We warrant that Go2 will be provided with reasonable care and skill with the intention of meeting our technical specifications for the site, but we cannot and do not guarantee that Go2 will meet your requirements, including (without limitation) as to the availability or speed of delivery of Go2, any of its features or content, any communication through or relating to Go2, or any transaction you may enter into with other users. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms relating to Go2 or any of its content, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of our fraud or our fraudulent misrepresentation, or where such exclusion is not permitted by law. We do not warrant that the functions of Go2 or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that Go2 or the server that makes it available is free of viruses or other harmful components, although we will take reasonable steps to avoid ourselves introducing viruses or other harmful components to Go2.

11.2. You acknowledge that any transmission to and from this site is not confidential and your communications may be read or intercepted by others.

12. Release

12.1. In the event that you have a dispute with one or more other users (including, without limitation, any dispute between users regarding any transaction or user-contributed content), you hereby agree to release and discharge us from all liabilities, claims and expenses which arise out of or in connection with that dispute.

13. Indemnity

13.1. You agree to indemnify Go2 Holidays against all liabilities, claims and expenses (including reasonable legal fees) that may arise out of or in connection with (a) any breach of these Terms by you or through a machine on which you access Go2; (b) any of your user-contributed content infringing these Terms or the rights of any person or entity; or (c) any rental or other property-related transaction to which you are party or that is entered into in connection with this site.

13.2. If any claim is made against us that you indemnify us for under Clause 13.1, then (a) we will have the right to conduct its defense and settlement, but (b) we will take reasonable account of any representations you make to us as to such defense and settlement.

14. Choice of Law and Forum

This Agreement shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.

15. Notification of infringing content

15.1. If you see or experience any user-contributed or other content, activity or communication through or in connection with Go2, that appears to infringe any requirement of these Terms, please do inform us. Whilst every effort is made to monitor the content of Go2 we also rely upon users to notify us of infringing content, activity and communications.

16. No agency agreement

16.1. Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of Go2.

17. Member eligibility & accuracy of information

17.1. Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering on behalf of an incorporated or unincorporated entity, you represent that you have the authority to bind the entity to this Agreement.

17.2. Each member further represents and covenants that any information submitted to Go2 during such member's registration with Go2 shall be true and correct. Members further agree to provide notice to Go2 by contacting us regarding any updates to any such contact information previously submitted by them to Go2.

18. Content, layout and copy used on Go2

18.1. We reserve the right to determine the design, layout and functionality of our site.

18.2. We reserve the right to review and edit copy or amend the content, layouts or photographs supplied by any member. All content and copy edits submitted by members are subject to review and approval by us.

18.3. Notwithstanding our right to edit and amend the content, copy and photographs, we do not accept and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member or edited or amended by us.

19. Property photographs

19.1. By submitting a photograph electronically to Go2 the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph.

20. Grant of copyright

20.1. If you are a member, by accepting these Terms and by paying for and posting a listing on Go2, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on Go2 or the websites of our affiliates, and you grant Go2 the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. We need these rights to host and display your listing. You further agree to assist us, at our expense and control, to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any member. Each member hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by such member.

20.2. Each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member's property or the promotion of Go2.

20.3. It is the member's responsibility to obtain reproduction permission for all photographic and other material used in their listings. The member warrants that he is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained.

21. Links to third-party sites

21.1. Go2 may contain links and pointers to other Internet sites, resources, and sponsors of Go2. Links to and from Go2 to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third-party sites or the contents thereof.

22. Member website links

22.1. We reserve right to refuse hypertext links to, or addresses of, other web sites from members' pages, and to remove links or web addresses without notice. Further, we reserve the right to charge for hypertext links at any time.

23. Substitution of properties

23.1. Each listing may only relate to a specific property. The property in a listing may not be substituted by another property. If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.

24. Advertising multiple properties in one listing

24.1 Each listing on Go2 displays an individual and uniquely identified property available for short-term holiday rental. The listing specifically cannot be a mere example of properties in a given area. Only one property can appear on each listing, unless it is a property with multiple rental units on the same site and additional advertising units are purchased. We reserve the right to amend the copy or remove any listing when more than one property is described in such listing, and may choose to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.

25. Unauthorized methods of payment

25.1. No member may request any visitor to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on Go2 from time to time may result in the immediate removal of the non-conforming listing from Go2 without notice to member and without refund.

26. Termination of advertising

26.1. All listings are sold to run the full term that is chosen by the member. Listings removed at your request prior to the completion of their full term are not subject to a refund.

26.2. We reserve the right to refuse any listing submitted to us either through our online submission process or sent via email to post onto Go2. We may refuse to publish the listing for any reason, and each current or prospective member expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.

26.3. If, in our reasonable discretion, any member submits unsuitable material to Go2 or into our database, persistently misuses Go2 or our online systems, or is in material breach of these Terms, we reserve the right to remove immediately such member's property from Go2 without refund.

26.4. If we become aware of or receive a complaint from any person or entity regarding a member's listing or rental practices that, in our reasonable discretion, warrants the immediate removal of such member's allegedly offensive listing from Go2 (for example, and without limitation, if a member double-books a property for multiple visitors on the same date, or engages in any practice that, in our reasonable discretion, would be considered unfair within the holiday rental industry, or if we receive a complaint that any listing's content infringes on the rights of a third party), then we may immediately remove the allegedly offensive listing from Go2 without notice to the member and without refund while we investigate the basis for the complaint. If we conclude, in our reasonable discretion, that any such complaint is meritorious, then we may permanently remove the offensive listing from the site without notice to the member and without refund.

26.5. If any member is in breach of these Terms or its obligations to us then we may immediately remove such member's listing from Go2 without notice to the member and without refund.

27. Distance selling

27.1 When, as a member, you choose to create a listing, you are agreeing that the listing may be placed shortly after you provide your agreement to create it. As a result you do not have the right to cancel your agreement to create the listing during the cooling-off period which is provided for certain transactions under the Consumer Protection (Distance Selling) Regulations 2000.

28. Notices

28.1. Except as explicitly stated otherwise, any notices shall be given (in the case of you contacting us) by clicking here or, when we need to send you notice, to the email address you provide to Go2 during the registration process (in your case, and as applicable). Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

29. Amendments

We reserve the right to change these Terms from time to time, and post the new version of these Terms. When we do so, we will notify users of the fact that there are changed Terms on the Site, and the new version of these Terms will take effect, and will govern this site and your relationship with us:
a. commencing one month after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you; if you do not wish to be governed by the new version of these Terms, you may notify us in writing on or before the date when the new version of these Terms is to take effect, and:
1. from that date you must cease to use Go2; and
2. if you are a member, then you can choose instead to remain bound by the previous version of these Terms until the end of the period for which you have paid charges to list holiday rental properties on Go2; or
b. immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to contact details referred to, or the refinement of provisions that are already included, in these Terms.

30. Personal record of terms

30.1. As we do not separately file the Terms entered into by each user of Go2 please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.

31. Miscellaneous

31.1. These Terms are intended to constitute the entire agreement between us and you with respect to your use of Go2. We may immediately terminate any user's access to or use of Go2 due to such user's breach of these Terms or other unauthorized use of Go2. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall deemed severed, and the remainder of these Terms shall continue in full force and effect.

31.2 We reserve the right to assign these Terms (and our agreement with you), but will not do so in such a way as to reduce any guarantees you are given under these Terms. You may not without our written consent assign these Terms (or your agreement with us).

32. Contacting Go2

Go2 may be contacted by email at info@go2-holidays.com

 






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