PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Please read these Owners Terms of Use thoroughly before using our site. By using our site, you indicate that you accept the Owners Terms of Use. Please do not use our site if you do not agree to these terms.
We are the data controller for the purpose of the Data Protection Act 1998 and we will be bound by our Privacy Policy in relation to the storage and use of your personal data.
These Terms apply to the sale and provision of any services to you provided by Gitesearch or through our web site (our “Services”). Please read these Terms carefully and make sure that you understand them, before using our website or ordering any Services from us. Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in it.
If you refuse to accept these Terms, you will not be able to use our site or order any Services from us.
These Terms, and any contract between us, are only in the English language.
Information about us
www.gitesearch.com is a site operated by Goole.com Limited T/A Gite Search (“We“). We are registered in England and Wales under company number 04722419 and have our registered office at Stone Cross Rigg, Walton, Brampton, Cumbria CA8 2BA. Our main trading address is Stone Cross Rigg, Walton, Brampton, Cumbria CA8 2BA. Our VAT number is 814527143.
Our Services
We are an accommodation listing and search facility for holiday homes (each a “Property“) where Property owners (“Owners“) can advertise their Property for rental to potential tenants. We do not own, inspect or provide content for any Property listed on our site and have absolutely no involvement in the booking process with Owners or any transactions for rental or otherwise. We make no claims as to the quality, safety or legality of the properties advertised.
It is your sole responsibility to be eligible to rent any Property whose details you submit to our web site. As an Owner advertising a Property via our web site, you agree you are responsible for all dealings between you and any person who may rent your property from you.
Any contract for the rental of a Property listed on our site is directly between the Owner of that property and a tenant and we are not a party to that contract or any other discussions between Owners and tenants. As an Owner you acknowledge that any claim you may have or against you that is in any way connected with a dispute over your Property, or your listing on our web site, may not be brought against us.
Nothing in these terms or in your use of our site creates, or is intended to establish, any partnership, joint venture or similar relationship between us.
Use of our site
These terms of use refer to the following additional terms, which also apply to your use of our site:
• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
Please take the time to read these, as they include important terms which apply to you.
Registering for an account with us and placing a Property Listing
You will need to register with us to create a GiteSearch account in order to use our services and list your Property on our web site. For the steps you need to take in order to list your Property on our site please follow the online directions at www.gitesearch.com to register for an account with us.
You agree that you are responsible for all uses of this Site by you and any person that you allow to use your log-in information.
Ordering Services
To place a paid for listing (Featured Listing) or to order other Services form us you will need to complete our online ordering form and pay the relevant Services fee (Fee).
After you place an order you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you a confirmatory e-mail that confirms the details of the order you have paid for (Order Confirmation).
The Contract between us for your purchase(s) will only be formed when we send you the Order Confirmation.
If we are unable to complete your order for any reason we will inform you of this by e-mail and we will not process your order. If you have already paid for an order, we will refund you the full amount as soon as possible.
Featured Listings
If you purchase a featured listing details of your Property will be shown in a rotation list. The regularity with which a featured listing appears will depend on the number of other featured listings which have been purchased. Featured Listings will always appear above Basic Listings in search results.
At the end of the 12 month annual term, unless a Featured Listing is renewed and paid for at the price applicable on the renewal date, the listing will continue, on a rolling annual term, as a Basic Listing with relevant editing applied (see Basic Listings terms below).
The details of information displayed on our site of a Featured Listing property will be as described on www.gitesearch.com.
Promotional Featured Listings
From time to time we may offer a Featured Listing for free, or at a reduced price for varying durations, as part of a promotion, marketing offer or on-going property recruitment programme. Featured Listings, offered for free or at a reduced price, are available on an individual basis to gite owners at our discretion.
As part of a recruitment programme a Featured Listing may be partially created with the owner invited to complete the listing prior to the property appearing on our website. If an owner completes such a listing they are deemed to have verified all the information regarding their property. The offer of Featured Listings for free may be removed from our site at our discretion.
Additional Services
Additional Services may be offered including, but not limited to, special offers and late availability. Additional Services may be subject to additional terms and conditions which will be made available to you at the time of purchase. Please see www.gitesearch.com for further details.
12 month Term for all Services
All of our Services are sold to you on a 12 month annual term (or such other term as may be agreed at the time of your Order Confirmation). The term of your agreement for any paid-for Services detailed on your Order Confirmation (a “Services Term”) begins following the relevant Fee having been received by us in full and as soon as we make access to those Services available to you. Any discounts which applied to your first 12 month term (or other initial term) shall not be granted for any additional term unless detailed in your Order Confirmation.
Cancelling – Paid for Services
No refunds are available for the paid for Services you order through our web site (including but not limited to our Featured Listings or other services)
In the event that you terminate your agreement for Services from us at any point during a Services Term, unless we are in material breach of this agreement with you, you will not be entitled to any refund of any Fees paid.
If you cancel your contract for all Services with us we will deactivate your account within 5 working days of your request.
Refunds
Unless we are in material breach of this agreement with you, you will not be entitled to any refund of any Fees paid.
Price of Services
The prices of our Services will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of services are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Services please contact us immediately.
It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services you have ordered we will inform you in writing by e-mail to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.
How to pay
You can only pay for our services using a debit card or credit card. We accept most major debit and credit cards and payment is possible by PayPal
Basic Listing
Basic listings are available on an individual basis to Gite owners at our discretion free of charge.
If you apply for a Basic Listing details of your Property will be shown in a rotation list. The regularity with which a Basic Listing appears will depend on the number of other Basic Listings which appear on our site. Basic Listings will always appear below Featured Listings in search results. Basic Listings will continue, at our discretion, to appear on our site on a rolling annual term.
The details of information, displayed on our site, of a Basic Listing property will be as described on www.gitesearch.com.
As part of a recruitment programme a Basic Listing may be partially created with the owner invited to complete the listing prior to the property appearing on our website. If an owner completes such a listing they are deemed to have verified all the information regarding their property.
Cancelling – Basic Listing
You may cancel your Basic Listing with us at any time. To cancel your listing, please contact us in writing to tell us by sending an e-mail to hello@gitesearch.com or please contact your GiteSearch account manager. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail.
If you cancel your Basic Listing with us we will deactivate your account within 5 working days of your request.
Your property information
General Information
You agree that any information you provide us with relating to your account and Property listing (Featured and Basic Listing) is genuine, truthful, accurate and kept up to date (including your e-mail address and any other contact information we require from you).
We may from time to time require you to provide certain additional information relating to your account, your Property and the services we provide to you. We reserve the right to discontinue your access to, or use of, GiteSearch or our Services if your contact information is not accurate or up to date or you do not respond promptly to any communications from us directed to verifying your information, or information about your property.
You warrant that you have the necessary authority to market any property which you list on this site. You warrant that you hold the necessary licences, consents and authorities to use, display and reproduce and publish the content you provide to us or you upload to our site. You agree to notify us immediately if the property you have listed is no longer available either by sending us an email to hello@gitesearch.com or by updating your account details.
You agree to abide by all applicable laws and regulations including but not limited to The Property Misdescriptions Act 1991. You agree that you will not create any liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
In the event that we are led to believe that you have submitted false information you agree that we may carry out identity checks and if requested to do so by us, you agree to provide us appropriate proof of ID or of a Property’s existence as we request.
Posting of content in relation to your Property
You undertake to ensure that the details of your Property and all information concerning the Property is truthful, accurate and up-to-date. You agree only to post or otherwise make available via this site photographs, information and other content on this site for which you have lawful authority and not to post anything which is offensive, defamatory or otherwise may reasonably considered harmful or likely to cause distress.
You agree that you are solely responsible for any content you post or otherwise make available via our website. You agree to only post on our site only the content for which you have lawful authority to Post and which is true, complete and accurate. You agree to not post anything which infringes the rights of any third party (including, but not limited to, intellectual property rights or rights in confidential information). You agree not to post anything that is offensive, defamatory or otherwise may be reasonably considered harmful or likely to cause damage or distress to another person or otherwise in breach of our Acceptable Use Policy. You agree to promptly update or correct any of your content on becoming aware of any errors or inaccuracies. You give your irrevocable consent for us to update or correct your content if we think we need to do that.
Monitoring and removing your content.
You agree that GiteSearch is not obliged to monitor or censor any of your content on our site or on any other website but that we have full rights to do so. You agree that we may, in our absolute discretion, at any time and without notice to you remove, remove or decline to display any of your content on the site or any other website.
Licence to us of your content.
By posting your content on or via our Site to other websites, you give us a worldwide, sub licensable, transferable, non-exclusive, perpetual, royalty-free licence to reproduce, adapt, modify, translate, publish, publicly display and distribute any of your content for the purposes of enabling us to provide you with Services in accordance with these Terms or to further develop and market GiteSearch’s services. You retain all rights, title and interest in and to all intellectual property rights embodied in or associated with your content in accordance with these Terms.
Reviews and comments on your Property
We require that any reviews made by any guests of your Property and any responses by you conform with our Acceptable Use Policy. Any comments made about your Property must be genuine comments made by third parties unconnected to you who have stayed at a Property on a paid-for basis. We do not verify the accuracy of such comments. In the event that you dispute a comment, your sole remedy (unless we deem it to be in breach of our Acceptable Use Policy or our terms) is to post a response to it. In the event that any such comment fails to comply with our Acceptable Use Policy we reserve our right to remove such content immediately and without liability.
Changes to the Site and our obligations to you
You acknowledge that we are entitled to change the layout of our site at any time during any Term you purchase Services from us and without prior notice on the basis that such change does not materially adversely affect the way in which Services are provided to you or deny you the value of the Fees you have paid to us.
We use commercially reasonable efforts to ensure that Property depictions on our site are as accurate a representation of the photographs that you submit to us.
LIABILITY
Nothing in these Terms limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
Subject to the above paragraph, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: (a) any loss of profits, sales, business, or revenue; (b) loss or corruption of data, information or software; (c) loss of business opportunity; (d) loss of anticipated savings; (e) loss of goodwill; or (f) any indirect or consequential loss.
Subject to the two paragraphs above, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Fee paid by you to us for the individual Service concerned.
TYPES OF LOSS AND DAMAGE NOT CLAIMABLE FROM US:
(a) NEITHER GITE SEARCH NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, OTHER PARTNERS OR REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY INFORMATION, PRODUCTS, SERVICES, MATERIALS AND/OR PROPERTY OR OFFERED THROUGH THIS SITE INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA, INCOME PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES EVEN IF GITE SEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.
(b) YOU ALSO AGREE THAT GITE SEARCH AND THE PROVIDERS OF DATA PROCESSING, NETWORK AND TELECOMMUNICATIONS SERVICES TO GITE SEARCH WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THIS SITE OR OUR SERVICES AND YOU AGREE TO WAIVE ANY AND ALL CLAIMS IN RELATION TO THAT USE OR INABILITY TO USE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER GROUNDS).
(c) THIS SITE IS MADE AVAILABLE TO YOU ONLY ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GITE SEARCH ACCEPT NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, DEFRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY OR ANY OCCURRENCE BEYOND ITS CONTROL.
INDEMNITY:
(a) YOU AGREE TO INDEMNIFY AND HOLD GITE SEARCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, OTHER PARTNERS OR REPRESENTATIVES HARMLESS FROM ANY LOSS, DAMAGE, LIABILITY, CLAIM OR DEMAND, COSTS OR EXPENSES INCLUDING LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR YOUR CONTENT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS (OR ANY OF OUR TERMS) OR ANY BREACH OF THESE TERMS BY YOU.
(b) ALL USE BY YOU OF THIS SITE IS AT YOUR OWN RISK AND YOU ASSUME COMPLETE RESPONSIBILITY FOR ALL RISK OR LOSES OR DAMAGE, INCLUDING ANY RESULTING FROM YOUR DOWNLOADING, UPLOADING AND/OR USE OF OR REFERRING TO OR RELYING ON INFORMATION, PRODUCTS, PROPERTIES, SERVICES OR MATERIALS PROVIDED ON THIS SITE OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF OUR SITE.
DISCLAIMER:
(a) GITE SEARCH MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE FROM DEFECTS INCLUDING BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY EXCLUDED, INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT ANY OF OUR SERVICES, INFORMATION AND/OR CONTENT ON THIS SITE INCLUDING WITHOUT LIMITATION THEIR ACCORDANCE, THEIR COMPLETENESS OR THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
Whilst we take every care to maintain the continuity of our site, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, the web site and services are provided as is and we do not accept any on-going obligation or responsibility for the uptime of our site or any particular part of it. We will occasionally have to undertake maintenance work on our site which may lead to restrictions on the site. We will try to keep such interruptions to a minimum but shall not be liable to you for any site downtime for any reason. The site and Services are provided “as is” without any uptime guarantee of any kind.
Viruses
Whilst we use all reasonable efforts to ensure that our site is free from viruses we do not guarantee that your use of the site and the content or services on it will be virus free. You must ensure that you carry out regular back ups of your data yourself and ensure that all computers or devices which you use to access our site and services have appropriate up to date virus screening software.
Other important terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms and any document referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract or associated document.
Any dispute or claim arising out of or in connection with these Terms, any contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, any contract between us or its subject matter or formation (including non-contractual disputes or claims).