1.1    This website is owned and operated by Spare Holidays Limited (‘Spare Holidays’, ‘we’ or ‘us’ ‘our’) whose registered office is at 22 Sansome Walk, Worcester WR1 1LS registered in England and Wales with company number 06547609, email address info@spareholidays.com.  The website and all intellectual property rights (including but not limited to rights in the website as a database) in its text, design and graphics belong to Spare Holidays Limited, as does the Spare Holidays trade mark.  You may not use any trade marks, service marks or copyrighted materials appearing on this website without the express written consent of the owner of the mark or copyright.

1.2    This website is intended for use by advertisers of holiday accommodation (‘property owners’) and people looking for holiday accommodation (‘holiday makers’).  When you visit or use our website, you accept these terms and conditions.  We reserve the right to modify, alter or otherwise update these terms and conditions at any time.  Your statutory legal rights are not affected, except those that can be excluded or restricted by law.

1.3    Your access to and use of external websites via links from this website is governed by the terms and conditions and policies of use of those external websites and we shall not be responsible for the connection to, content or operation of those external websites.

1.4    You warrant that all information supplied by you or by members of your household or by third parties authorised and supervised by you via this website is true and accurate.

2.1    All holiday property descriptions and photographs (‘property details’) that you submit to this website will be subject to acceptance in accordance with these terms and conditions.  

2.1.1    To register your wish to display property details, go to the home page and follow the instructions for entering your email contact details.  A property owner’s password will be emailed to you.

2.1.2    To submit property details, go to the home page and enter the property owner’s password supplied to you by email; in doing so you agree to display details of a single holiday property on the spareholidays.com website and to pay a fee to do so.  Paying a fee entitles you to display details of a holiday property for one year and to create a link from the property details to another website.  You can amend the details of a property as many times as necessary.

2.1.3    When you submit property details you grant us a world-wide, non-exclusive, royalty-free licence (including the right to sublicense) to:

(i)    store and maintain the property details and link on a server for the purposes of providing a website in accordance with this agreement. We may make such copies as may be necessary to perform our obligations under this agreement, including back up copies of the image.

(ii)    use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content that you upload to this website and to incorporate such content in other works in any form, media or technology.

2.2    You must pay by credit card or PayPal at the time that you submit the property details.  Payment will be taken in full at the time you submit the property details. The property details that you submit will not be uploaded and the contract between us concluded until your payment has cleared in our account.  We aim to display the submitted property details within 48 hours but reserve the right to vary this timescale dependent on the volumes of property details submitted.

2.3    Our acceptance of the property details and payment brings into existence a legally binding contract between us.  We are entitled to refuse any property details submitted by you and reserve the right to obtain validation of your credit card or PayPal account details before accepting the property details.  

2.4    Notwithstanding clause 2.3 above you understand that all property details are the sole responsibility of the person or organisation from which the property details originated. This means that the originator of the property details and not Spare Holidays is entirely responsible for all property details that you upload or view, and we do not therefore guarantee the accuracy, integrity or quality of the property details including the accuracy of the availability information accessed via the calendar facility.

2.5    You undertake that:

(i)    the credit card account or PayPal account used to pay the fee for displaying the property details (‘the fee’) submitted is your own or used with the consent of the owner of the account;

(ii)    there are sufficient funds or credit facilities to pay the fee;

(iii)    the details provided by you for the purpose of submitting property details are correct.

2.6    The pictures of the holiday property that you submit must be photographic and must not be animated.

2.7    You can cancel your contract with us and receive a refund if you notify us within 14 days of property details being accepted and displayed by us.  To cancel your contract, please contact info@spareholidays.com  or Spare Holidays Limited, Sundowner House, 52 Broad Oak Way, Cheltenham GL51 2LG.  We will refund the registration fee as soon as possible, but in any event within 30 days.  If you want to remove the property details and link from the home page at some point after the 14-day cancellation period, please contact us at the above address; the property details and link will be removed, but no refund will be made.

2.8    No obscene, offensive or adult images or links will be accepted, and our decision is final.  If you submit property details that are rejected, you may submit alternative property details or an alternative link, but no refund will be made.  If you change the content of the linked site to show obscene, offensive or adult material the link will be removed and no refund will be granted.

2.9    In the event that we do not accept the property details or link that you submit or both we will notify you by e-mail.  We will not be obliged to offer any compensation for disappointment suffered.

2.10    You must have authority to provide the property details and link that you submit and you agree that you will not use any part of our website to:

(i)    upload any image or link that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(ii)    harm minors in any way;

(iii)    impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;

(iv)    ‘stalk' or otherwise harass another;

(v)    collect or store personal data about other users;

(vi)    upload any image or link that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

(vii)    upload any image or link that infringes any intellectual property rights of any party;

(viii)    upload any advertising or promotional materials, or any other form of solicitation;

(ix)    upload any image or link that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

(x)    violate any applicable national or international laws or regulations.

2.11    As soon as we are made aware of activities that breach clause 2.10 above, our terms and conditions or our privacy policy, prompt action will be taken. If you witness such breaches on this website, please notify Spare Holidays Limited, Sundowner House, 52 Broad Oak Way, Cheltenham GL51 2LG immediately.

2.11.1    On being made aware of any such breaches, we may ban, delete or prohibit any content that relates to those breaches or that we judge harmful to individuals or the rights of Spare Holidays or any of our affiliates, licensors or partners

2.11.2    We reserve the right to take whatever action we deem necessary to prevent such breaches including the following:

(i)    breaches we deem minor may result simply in receipt of a warning from us; or

(ii)    breaches we deem serious may result in your automatic ban from this website

2.11.3    All incidents will be logged and our decision is final in all such cases.

2.11.4    Any breaches may lead to us reporting your activities to your internet service provider, relevant authorities, or to legal action being taken against you, or both.

2.11.5    In addition we may at any time move, modify or remove any content or take further legal action as a result of breaches or suspected breaches of these rules, our privacy policy, any applicable laws or regulations or where our rights or third party rights are threatened or infringed.

2.12    Notwithstanding that we shall make all reasonable efforts to minimize downtime for maintenance purposes, we reserve the right to suspend or discontinue this website in whole or in part for business or technical reasons.  Following acceptance of property details we shall make all reasonable efforts to keep the website online for at least six weeks.  

3.1    We will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any use of this website and we shall have no liability to pay any money to you by way of compensation other than to refund to you any fee paid to us when you submitted property details.  Under no circumstances will we be liable in any way for any submitted property details or link, including (without limitation) any errors or omissions in any image or link, or for any loss or damage of any kind incurred as a result of your use of or uploading of any property details or link, or any delay by us in displaying property details on this website following submission by a property owner. You agree that you must evaluate and bear all risks associated with the use or uploading of any property details or link.

3.2    We shall take all reasonable precautions to keep details of your payment secure.  We cannot be held liable however for any losses caused as a result of unauthorised access to information provided by you.

3.3    Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

4    Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Spare Holidays Limited, Sundowner House, 52 Broad Oak Way, Cheltenham GL51 2LG and all notices from us to you will be displayed on our website from to time.

5    Events beyond our control

We shall have no liability to you for any failure to display the property details you have submitted or any delay in doing so or for any damage that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

6    Disclaimer

We disclaim any and all warranties of any kind that the information and facilities provided by this website are current, accurate or complete, and that the website is free of defects including but not limited to viruses, spyware and other malware.  We disclaim any liability whatsoever for any loss or damage from action taken in reliance on material or information contained on this website.

7    Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

8    Waiver

No delay or omission on our part in exercising any right or remedy under these terms and conditions shall impair such right or remedy or be construed as a waiver thereof or of any other right or remedy.

9    Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities), costs, including reasonable legal fees, or expenses arising from any third party claim in relation to any content you upload, your use of this website or your breach of the provisions of these terms and conditions.

10    Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

11    Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

12    Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

13    Entire agreement

These terms and conditions, together with our current fee, contact details and privacy policy, set out the whole of the agreement between you and us.  Nothing said by any person on our behalf should be understood as a variation of these terms and conditions.  Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Your Privacy

The information that you provide to us via this website may be held and used by us to log-in Registered users, for administration purposes, dealing with enquiries and complaints, marketing our services including this website (subject to any objection or preference that you indicate when submitting your personal details), and sending you information about our services from time to time.  

Your information will be held by us and not disclosed to any third parties, save any other companies in the same group of companies, and in response to enquiries in pursuance of the detection of fraud, or as may be required by law or legal proceedings.

Payments submitted via this website to PayPal make use of PayPal’s security features.
We use cookies to keep track of your use of this website and to personalise your use of the website. You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' and setting the option to block cookies. If you turn off cookies, you will be unable to register or benefit from the other features of this website that use cookies.

Accessibility

We recognise the importance of making this website accessible to all.  Accordingly, this website supports text-based browsers and complies with the Website Accessibility Initiative’s Priority 1 (A) standard for accessibility.