I – Introduction
- These sites lovelydays.co.uk, lovelydays.paris and lovelydays.london are operated by LovelyDays Limited. By accessing or using our Site and any services that we provide (together with the Site, the “Service”), you agree to comply with and be legally bound by these Terms and Conditions (the “Terms”).
- If you do not agree to the Terms, you have no right to obtain information from or otherwise use the Service for any purpose. By using the Service you represent and warrant that you are at least 18 years old and expressly agree to these Terms. Use of the Service by anyone under 18 years old is expressly prohibited.
- The Site allow its members and users to book unique private accommodation with us with certain additional services and features.
- Changes may be made to these Terms from time to time. Your continued use of the Service will be deemed acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not make any use of the Service.
- the Site may be used by third party agencies and companies as a booking platform. If you use the Site through any such third party then for the avoidance of doubt we accept no liability or responsibility for use of the Site other than as set out in these Terms.
II – Registration
- As a User, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account. You may not have more than one registration and we reserve the right at our discretion to delete or cancel the membership of any person who in our opinion possesses more than one registration at any time.
- You are not entitled to allow any other person to use your registration. You may not impersonate any other person in any registration whether or not that other person is a user of the Site.
III – Use and Abuse of the Site
- You agree that User Content which may be integrated with the Services or distributed, displayed or made available by the Services will be your own creation or will be User Content which you are entitled to use and will not be used in breach of any intellectual property rights of any third party.
- Any User Content will be your personal responsibility. You will be personally liable for all claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your User Content. You agree to indemnify us in relation to any liability we may suffer as a result of any claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your User Content.
- You agree that you will not publish any offensive, inaccurate, misleading, defamatory, fraudulent or illegal User Content.
- In particular you agree not to use the Site or our Services to distribute any User Content which:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses any person or advocates harassment of any person;
- displays or promotes pornographic or sexually explicit material of any kind;
- does anything or promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
- is illegal, infringes intellectual property rights, defames any person, breaches confidentiality or promotes any illegal activities;
- promotes illegal or unauthorised copying of another person’s copyright work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files;
- provides information about illegal activities, such as making or buying illegal weapons, violating someone else’s privacy or providing or creating computer viruses;
- solicits passwords or personally identifying information from other users for commercial or unlawful purposes;
- involves the transmission of « junk mail », « chain letters » or unsolicited mass mailing or « spamming »;
- promotes information that you know to be false or misleading;
- contains personal information e.g. names or contact details; or
- engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising and pyramid schemes.
- By creating or integrating your User Content with our Services you agree that we will be entitled to use such User Content for the purposes of delivering our Services. We reserve the right to remove any User Content at any time and for any reason.
- We may from time to time display photographs and other User Content with our Users and the public on our Website, or via our home page, social media pages or other channels. By using our Services you agree that we may publish these photos, however if you object to the use of such photos we will remove them from publication.
- Please note that we are under no obligation to use, display, publish or make available any User Content and we reserve the right to remove any User Content at any time without giving notice and for any reason. The User Content you provide (other than personal contact details) will not be treated as confidential. Any User Content which you make available through your profile or account will be available to the general public.
- We do not exercise editorial control over User Content and we are not responsible or liable for User Content. However we reserve the right to monitor and/ or remove User Content at our discretion.
Notice and Take Down
- We will make all reasonable efforts to delete accounts which are being used in breach of our terms and conditions and to identify and remove User Content that is defamatory or infringing on intellectual property rights when we are notified but we cannot be responsible if you have failed to provide the relevant information.
- In the event that you believe that an account is being used in an inappropriate manner or that any User Content which is distributed using our Services is defamatory or infringing on intellectual property rights you should notify us in writing either by email to:
- [email address] or by post to [physical address] including the following:
- Your full name and contact details, including postal address, telephone number and e-mail address;
- The exact URL at which the defamatory or infringing User Content appears;
- The User Content that you believe is defamatory or infringing on intellectual property rights;
- The reasons that you believe the User Content is defamatory or infringing on intellectual property rights;
- A statement confirming that you are authorised to act on behalf of the claimant or rights holders; and
- A signed declaration truth in respect of the information in the notice.
- Any statement made in your notice may be used in court proceedings.
IV – Our Liability
- We will operate the Site with the reasonable skill and care of an online service provider. All other warranties and representations are, to the fullest extent permissible by law, excluded.
- YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WE NOR OUR PARENT OR AFFILIATED COMPANIES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY “OUR ASSOCIATES”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, [BOOKING OR MERCHANDISE PROVIDED THROUGH THE SITE]. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE OR OUR ASSOCIATES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- IN NO EVENT WILL WE, OUR ASSOCIATES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
- IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER WE NOR OUR ASSOCIATES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF OUR ASSOCIATES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED POUNDS (£100).
- Our liability is limited to the greatest extent permitted by law. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
- From time to time it may be necessary to suspend access to the Site for a period of time and any such interruptions shall not constitute a breach by us of these terms.
- We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Site whether such loss is incurred or suffered as a result of our negligence or otherwise.
- Nothing in these Terms will limit our liability for fraud or for death or personal injury caused as a result of our negligence.
VI – Cancellation and Termination
- We will terminate you registration as soon as we receive an email by you making such a request.
- You registration may be terminated immediately without notice if in our opinion you have breached these terms.
- Termination of your registration (for any reason whatsoever) may result in you losing for good all of the information contained in your profile or posted by you to the public areas of the Site. We may remove any User Content you have created, submitted or provided without liability. We do not guarantee that any information posted by you will be deleted from the Site on termination of your registration or membership.
VII – Communication
By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
IX – OTHER SITES
The Site and/or our Services may contain links to other websites or material which are beyond its control. We are not responsible for the content, accuracy or opinions expressed outsite de Site and/or our Services.
X – INTELLECTUAL PROPERTY
- We reserve all of its rights in relation to our copyright whether owned or licensed to us.
- All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to us) which appear on the Site.
- This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. No party is entitled to systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site is strictly prohibited.
XI – GENERAL
- These Terms are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
- If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
- We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
- We may make changes to the format of the Site, our Services or to any of the content on the Site at any time without notice.
- You shall comply with all foreign and local laws and regulations which apply to your use of our Site or our Services in whatever country you or your Property are physically located, including without limitation, consumer law, export control laws and regulations.
- If a provision of this Agreement or a procedure to be carried out in its implementation is or becomes illegal or unenforceable, the remaining provisions and procedures shall not be affected..