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PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE.
AGREEMENT BETWEEN YOU AND HOLIDAY COTTAGES GROUP LIMITED
This
Web site is made available to you by Holiday Cottages Group Limited and its
various trading divisions ("HCG").
BY
USING THIS WEB SITE YOU AGREE TO BE BOUND BY AND ACCEPT, WITHOUT MODIFICATION, THE
TERMS, CONDITIONS AND NOTICES PUBLISHED ON THIS WEB SITE (the
"Terms"). IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE NOT
AUTHORISED TO USE THIS WEB SITE.
These Terms apply both to your use of, and to all Internet traffic visiting,
this Web site.
HCG
reserves the right, in its sole, absolute and unfettered discretion, to modify,
alter or otherwise update these Terms at any time. Such modifications, alterations
or updates shall be effective immediately upon posting. By using this Web site
after HCG has posted notice of such modifications, alterations or updates, you
agree to be bound by such revised Terms.
This
Web site will permit you to link to many other web sites that may or may not be
affiliated with this Web site and/or with HCG, and that may have terms,
conditions and notices of use that differ from, or contain terms, conditions
and notices in addition to, the Terms specified on this Web site. Your access
to such web sites through links provided on this Web site is governed by the
terms, conditions, notices and policies of use of those web sites, not this Web
site. Unless expressly stated otherwise, HCG shall not be responsible for the
operation of, connection to or content of those web sites.
HCG
does not guarantee the transmission or processing of any information or on-line
activity or transaction submitted to this Web site. The transmission of any
information does not mean the on-line activity or transaction has been accepted
or rejected, but merely indicates that a transmission has been initiated. All
on-line activities and transactions are subject to written confirmation,
whether in electronic form or otherwise. Furthermore, the level of service available
on and from this Web site may vary, and this Web site may be inaccessible or
"down" for periods of time. HCG reserves the right to suspend or
discontinue this Web site, in whole or in part, for business or technical
reasons. However, HCG's services may be accessed through traditional means,
such as via telephone or through regular post.
PRIVACY POLICY
HCG
will only use any personal information supplied by you when you use this Web
site in accordance with its Privacy Policy. Click here to view the Privacy Policy.
TRADEMARKS,
COPYRIGHTS AND RESTRICTIONS
This
Web site is owned, controlled, managed and operated by Holiday Cottages Group
Limited, Spring Mill, Earby, Barnoldswick, Lancashire, BB94 0AA,
United Kingdom.Tel. No. + 44 (0) 1282 844284. Copyright Holiday Cottages Group Limited. All
rights reserved.
All
content on this Web site, including, but not limited to text, images,
illustrations, audio clips and video clips, is protected by copyrights,
trademarks, service marks, and/or other intellectual property rights (which are
governed by UK, EU, US and world-wide copyright laws and treaty provisions,
privacy and publicity laws, and communications regulations and statutes), and
are owned and controlled by HCG, and/or its affiliated or related entities,
associates or partners or by the Wyndham Worldwide Corporation group of
companies, including holding companies, subsidiary companies and sister
companies (collectively, the "Wyndham Worldwide Group of Companies"),
to which HCG and its various trading divisions belong; or by any third party
content providers, agents, subcontractors, suppliers, merchants, advertisers,
sponsors and licensors (collectively, "Providers") that have licensed
their content on this Web site or the right to market their products and/or
services to HCG.
Content
on this Web site or any web site owned, operated, controlled or licensed by HCG's
affiliated or related entities, associates or partners, or any company or
companies within the Wyndham Worldwide Group of Companies, or Providers, is
solely for your personal, non-commercial use. You may print a copy of the
content, but you may not modify, copy, display, perform, reproduce, republish,
license, create derivative works from, transfer, upload, post, transmit,
distribute, sell and/or exploit the content or information in any way
(including by e-mail or other electronic means), or any software involved in
utilising such content or information, for commercial use without the prior
written consent of HCG, and/or its affiliated or related entities, associates
or partners, or any company or companies within the Wyndham Worldwide Group of
Companies, or Providers. You may request consent by faxing a request to HCG at
fax no.: + 44 (0) 1282 844288.
Without
the prior written consent of HCG, and/or its affiliated or related entities,
associates or partners, or any company or companies within the Wyndham
Worldwide Group of Companies, or Providers, your modification of the content,
use of the content on any other web site or networked computer environment, or
use of the content for any purpose other than personal, non-commercial use,
violates the rights of owners of HCG's, and/or its affiliated or related
entities', associates' or partners', or any company's or companies' within the Wyndham
Worldwide Group of Companies, or Providers', copyrights, trademarks or service
marks and other proprietary rights, is prohibited. As a condition to your use
of this Web site, you warrant to HCG that you will not use this Web site for
any purpose that is unlawful or prohibited by these Terms, including without
limitation the posting or transmitting of any threatening or libellous,
defamatory, obscene, scandalous, inflammatory, pornographic or profane
material.
Given
the unique nature of the Internet and the need to secure HCG systems and
proprietary technology, HCG reserves the right in its sole, absolute and
unfettered discretion at any time to restrict or prohibit access to this Web
site for any user for any reason, and especially to restrict or prohibit access
for users who demonstrate patterns of abuse, or unusual or improper use of this
Web site or who violate these Terms. If you violate any of these Terms, your
permission to use this Web site immediately terminates without the necessity of
any notice.
You
may not use on your web site any trademarks, service marks or copyrighted
materials appearing on this Web site, including but not limited to any logos or
characters without the express written consent of the owner of the mark or
copyright. You may not frame or otherwise incorporate into your own, or
another, web site any of the content or other materials on this Web site
without the prior written consent of HCG.
Holiday
Cottages Group Limited is the sister company of Resort Condominiums International,
LLC, and RCI Europe which are the owners of a number of registered trademarks,
including, but not limited to RCI and Design, the RCI Logo, and the domain
names www.rci.com and www.rci.co.uk. Other product and company names mentioned
herein, including those of Wyndham Worldwide Corporation, which is the parent
company of Holiday Cottages Group Limited, and any company or companies within
the Wyndham Worldwide Group of Companies, may be the trademarks of their
respective owners, whether or not registered.
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL
CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND "AS FOUND"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE
WARRANTIES WHICH, UNDER UK
AND EU LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION. HCG, AND/OR ITS AFFILIATED OR RELATED
ENTITIES, ASSOCIATES, OR PARTNERS, OR ANY COMPANY OR COMPANIES WITHIN THE WYNDHAM
WORLDWIDE GROUP OF COMPANIES, OR PROVIDERS, DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND INFRINGEMENT. NEITHER HCG, AND/OR ITS AFFILIATED OR RELATED ENTITIES,
ASSOCIATES OR PARTNERS, OR ANY COMPANY OR COMPANIES WITHIN THE WYNDHAM
WORLDWIDE GROUP OF COMPANIES, NOR PROVIDERS, NOR ANY PERSON INVOLVED IN THE
CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, WARRANTS THAT THE
FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE
WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU
ACCESS ON THIS WEB SITE IS SOLELY FOR YOUR CONVENIENCE, INFORMATION AND
TRANSACTIONAL CAPABILITY ONLY.
HCG
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR
CURRENCY OF ANY CONTENT INFORMATION, SERVICE AND/OR MERCHANDISE ACQUIRED
PURSUANT TO YOUR USE OF THIS WEB SITE. HCG ATTEMPTS TO ENSURE THAT THE CONTENT
THAT YOU ACCESS ON THIS WEB SITE AT ANY ONE TIME IS ACCURATE. HOWEVER, THE
CONTENT MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS AND OMISSIONS. HCG WILL
DO ITS BEST TO CORRECT ERRORS AND OMISSIONS AS QUICKLY AS PRACTICABLE AFTER
BEING NOTIFIED OF THEM. CHANGES ARE PERIODICALLY MADE TO THE CONTENT THAT YOU
ACCESS ON THIS WEB SITE WITH ADDITIONS, DELETIONS AND AMENDMENTS OCCURRING
THERETO AND IMPROVEMENTS AND/OR CHANGES MAY BE MADE TO THE FUNCTIONALITY,
DESIGN OR LAYOUT OF THIS WEB SITE.
YOU
EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT HCG)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR
SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER HCG, AND/OR ITS AFFILIATED OR RELATED
ENTITIES, ASSOCIATES OR PARTNERS, OR ANY COMPANY OR COMPANIES WITHIN THE WYNDHAM
WORLDWIDE GROUP OF COMPANIES, NOR PROVIDERS, NOR ANY OF THEIR RESPECTIVE
EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION,
PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY
PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL), LIABILITY OR OTHER CAUSE OF ANY KIND OR
CHARACTER WHATSOEVER BASED UPON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE
ARISING OUT OF OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR
ANY OTHER LINKED SITE, EXCEPT IN RELATION TO LIABILITY, LOSS AND DAMAGE FOR
DEATH OR PERSONAL INJURY FOR WHICH NO LIMIT APPLIES.
BY
WAY OF EXAMPLE AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HCG,
AND/OR ITS AFFILIATED OR RELATED ENTITIES, ASSOCIATES OR PARTNERS, OR ANY
COMPANY OR COMPANIES WITHIN THE WYNDHAM WORLDWIDE GROUP OF COMPANIES, OR
PROVIDERS, SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE ARISING OUT OF OR
RESULTING FROM FAILURE OF PERFORMANCE OF THIS WEB SITE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT,
DESTRUCTION, UNAUTHORISED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR OTHER
MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT HCG
IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
SUBSCRIBERS OR THIRD PARTIES.
HCG,
AND/OR ITS AFFILIATED OR RELATED ENTITIES, ASSOCIATES OR PARTNERS, OR ANY
COMPANY OR COMPANIES WITHIN THE WYNDHAM WORLDWIDE GROUP OF COMPANIES, OR
PROVIDERS, SHALL ONLY BE LIABLE FOR DIRECT LOSS ARISING OUT OF OR RESULTING
FROM THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, UP TO A MAXIMUM OF THE TOTAL VALUE OF THE TRANSACTION
UNDER WHICH THE CLAIM ARISES FOR ANY ONE EVENT OR SERIES OF CONNECTED EVENTS.
THIS
LIABILITY SECTION APPLIES ONLY AND TO THE GREATEST EXTENT PERMITTED BY LAW.
THIS
DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
INDEMNIFICATION
You
agree to indemnify, defend and hold harmless HCG, its associates or partners,
or any company or companies within the Wyndham Worldwide Group of Companies, or
Providers, and its and their officers, directors, employees, affiliated or
related entities, agents, subcontractors, suppliers and licensors from and
against all losses, expenses, damages and costs, including reasonable legal
fees, resulting from any violation by you of these Terms.
THIRD
PARTY RIGHTS
These
Terms are for the benefit of HCG, its associates or partners, or any company or
companies within the Wyndham Worldwide Group of Companies, and Providers, and
its and their officers, directors, employees, affiliated or related entities,
agents, subcontractors, suppliers and licensors. Each of these individuals or
entities shall have the right to assert and enforce these Terms directly
against you on its or their own behalf.
LINKS
This
Web site may contain links to other web sites ("Linked Sites"). The
Linked Sites are provided for your convenience, information and, in some cases,
transactional capability, only and, as such, you access them at your own risk.
The content of any Linked Sites is not under the control of HCG, and HCG is not
responsible for, and does not endorse, such content, whether or not HCG is
affiliated with the owners of such Linked Sites. You may not establish a
hyperlink to this Web site or provide any links that state or imply any advertising,
sponsorship or endorsement of your own, or any other, web site by HCG, and/or
its affiliated or related entities, associates or partners, or any company or
companies within the Wyndham Worldwide Group of Companies, or Providers.
USE
OF HCG BOOKING SERVICE
The
HCG Booking Service feature published on this Web site is provided solely to
assist you in determining the availability travel-related products and
services, conducting on-line transactions and purchases, making legitimate
bookings and receiving confirmations in respect thereto or otherwise
transacting business with suppliers, and for no other purposes. You warrant
that you are at least 18 years of age and possess the legal authority to enter
into this Agreement and to use this Web site in accordance with all the Terms
herein stated. You agree to be financially responsible for all your use of this
Web site (as well as for use of your account by others, including without
limitation minors (persons under 18 years of age) living with you). You agree
to supervise all usage of this Web site under your name or account. You also
warrant that all information (including details you provide to HCG for the
purpose of making enquiries and legitimate bookings, purchasing travel-related
products and services, and conducting on-line transactions) supplied by you or
members of your household, or by third parties authorised and supervised by
you, in using this Web site is true and accurate.
You
further warrant that any credit or debit card that you use to conduct on-line
transactions is your own and that there are sufficient funds on such credit and
debit accounts to cover the costs of the travel-related products you book and
any travel-related products and services purchased by you in connection therewith.
If there are any changes to the details supplied by you, it is your
responsibility to inform HCG as soon as possible. Without limitation, any
speculative, false or fraudulent activities or bookings or purchases or on-line
transactions or any activities or bookings or purchases or on-line transactions
in anticipation of demand are prohibited.
HCG's
Booking Conditions (whether such appear under the name of HCG or any of its
trading divisions), which are separate terms and conditions to these Terms,
will apply to all on-line activities and transactions on and in connection with
the HCG Booking Service feature published on this Web site. You agree to abide
by HCG's Booking Conditions and/or the terms and conditions of any of HCG's
affiliated or related entities, associates or partners, or any company or
companies within the Wyndham Worldwide Group of Companies, or Providers, or
other third parties authorised by HCG, with whom you elect to deal, including
but not limited to payment of all amounts when due and compliance with all
rules, regulations, restrictions and limitations regarding availability,
availability of travel fares and other travel-related products and services,
and the actual utilisation of travel-related products and services purchased in
connection with the above. Special rules, regulations, restrictions and
limitations may apply to a travel fare or other travel-related product or
service selected by you. If they do, these special rules, regulations,
restrictions and limitations will be drawn to your attention before
confirmation of your booking or purchase.
HCG
will not be responsible for the provision of travel-related products and
services offered by its affiliated or related entities, associates or partners,
or any company or companies within the Wyndham Worldwide Group of Companies, or
Providers, or other third parties authorised by HCG, to you, whether or not HCG
is acting as agents for any such entities, or for any aspect of the
relationship between you and any one or more of those entities. You shall be
responsible for all charges, fees, duties, taxes and assessments arising out of
the use of this Web site or arising in the course of undertaking on-line
activities and transactions on and in connection with the HCG Booking Service
feature published on this Web site.
This
Web site will not prevent you from requesting or making impossible bookings or
purchasing incompatible travel-related products and services, such as two ferry
crossings to the same destination on the same date, or two ferry crossings to
different destinations for departure on the same date, or a ferry crossing to
one destination and a holiday cottage rental to another place covering the same
travel dates. If you make those kinds of impossible or incompatible enquiries,
bookings or travel-related purchases, you accept that these are your voluntary
acts, errors, defaults and/or omissions, that these are your entire
responsibility, and that HCG will not be liable to give you a refund, either in
whole or in part, or be obliged to rectify the situation, for you undertaking
any such mistaken, careless or negligent enquiries, activities and on-line
transactions.
Under
the laws of the United States of America certain countries are
listed as being Restricted or Prohibited countries for the provision of travel
services. Restricted countries currently include, but are not necessarily
limited to, Cuba, the Federal Republic of Yugoslavia (Serbia and Montenegro),
Iran, Iraq, Libya and Sudan.HCG, and/or its affiliated or related entities, associates or partners, or any
company or companies within the Wyndham Worldwide Group of Companies, or
Providers, or other third parties authorised by HCG, and/or their respective
agents, subcontractors, suppliers and licensors, are unable to consider or
allow any requests for travel-related products and services, or make and fulfil
bookings for, or issue confirmations in respect of transportation or other
travel-related products and services on or in connection with the HCG Booking
Service feature published on this Web site from any individuals wishing to
travel, directly or indirectly, between the United States and any designated
Restricted or Prohibited countries; or from any individuals who are citizens or
are permanent resident aliens of any designated Restricted or Prohibited
countries wishing to travel, directly or indirectly, to purchase travel-related
products and services for use in, to or from, the United States or to or from
any designated Restricted or Prohibited countries; or from any individuals who
are US citizens or permanent resident aliens wishing to travel, directly or
indirectly, to purchase travel-related products and services for use in, to or
from, any designated Restricted or Prohibited countries.
CURRENCY
CONVERTER
Cost
of foreign products or services may be subject to currency fluctuations.
Currency rates are based on various publicly available sources and should be
used as guidelines only. Rates are not verified as accurate, and actual rates
may vary. Currency quotes are not updated every day. The information supplied
by this application is believed to be accurate, but HCG, and/or its affiliated
or related entities, associates or partners, or any company or companies within
the Wyndham Worldwide Group of Companies, or Providers, and/or their respective
agents, subcontractors, suppliers and licensors do not warrant or guarantee
such accuracy. When using this information for any financial purpose, HCG
advises you to consult a qualified professional to verify the accuracy of the
currency rates. HCG, and/or its affiliated or related entities, associates or
partners, or any company or companies within the Wyndham Worldwide Group of
Companies, or Providers, and/or their respective agents, subcontractors,
suppliers and licensors do not authorise the use of this information for any
purpose other than personal use and prohibit to the maximum extent allowable
the resale, redistribution, and use of this information for commercial
purposes.
LAW
AND JURISDICTION
This
Agreement (and any disputes, claims or proceedings of whatsoever nature arising
out of or in any way relating to the use of this Web site and/or the HCG
Booking Service feature published on this Web site) is governed by and shall be
construed in accordance with the laws of England. You hereby consent to the
exclusive jurisdiction of the English courts in all disputes arising out of or
relating to the use of this Web site. Those who choose to access this Web site
from outside the United
Kingdom are responsible for compliance with
local laws, if, and to the extent that, local laws are applicable. You may not
use or export materials or content contained on this Web site in violation of UK and
EU export laws and regulations.
If
any provision of these Terms shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms.
You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and HCG either as a result of this Agreement or your use of
this Web site.
ENTIRE
AGREEMENT
The
provisions of these Terms, and each obligation referenced herein, represent the
entire Agreement between HCG and you and supersede any prior proposals,
agreements or understandings (whether oral or written) not incorporated herein.
In the event that any inconsistencies exist between these Terms and any future
published terms, conditions and notices of use or understanding, the last
published Terms or terms, conditions and notices shall prevail.
A
printed version of this Agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
Date:30-March-2007
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY HCG |
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