TERMS & CONDITIONS

 

Please read these Terms & Conditions carefully before using the website at

 

www.avillarentals.com (‘Website’). Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website.

INTRODUCTION:

 

 Avillarentals is an advertising service for privately owned worldwide holiday properties that are available for rental.

  • GENERAL CONDITIONS

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  • 1.1    By using this Website you agree to all Terms & Conditions and any disclaimers on this Website.

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  • 1.2    Avillarentals reserves the right to amend or revise these Terms & Conditions and any disclaimers on this Website without giving prior notice. You should check this Website from time to time to review the Terms & Conditions and any amendments because they are binding on you. Certain provisions of these Terms & Conditions may be superseded by expressly designated legal notices or further terms located on particular pages of this Website.

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  • 1.3    By accessing any part of this Website, you shall be deemed to have accepted these Terms & Conditions in full. If you do not accept these Terms & Conditions, you must leave this Website immediately.

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  • 1.4    By continuing to use this Website, you will be agreeing to indemnify Avillarentals from any loss or damage or costs in connection with any breach by you of these Terms & Conditions or any other obligation and any breach arising from your use of or conduct on this Website.

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  • 1.5    Any recommendations made by Avillarentals on this Website or in these Terms & Conditions are suggestions only and do not form part of any agreement, nor does Avillarentals take any responsibility for them.

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  • 1.6    Words in the singular shall include the plural and vice versa.

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  • 1.7    A reference to one gender shall include a reference to the other genders.

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  • THE SERVICE

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  • 2.1    Avillarentals is an advertising and property promotion service only and makes no commitment to confirm, update, verify or warrant any information or material contained on this Website.

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  • 2.2    Avillarentals does not own and does not enter into any rental contract or licence agreement concerning any holiday rental property listed on this Website. Instead this Website acts as a forum where any user of this Website can view a holiday rental property and owners or their agents/representatives (‘Owner’) can offer for rent a specific holiday rental property. Avillarentals is not involved in the actual transaction concerning a holiday rental property between the Owner of that holiday rental property and the individual who wishes to rent the holiday rental property (‘Holiday Maker’) even though Avillarentals may from time to time facilitate the transaction (for example, by providing tools such as direct booking). Consequently, the truth or accuracy of the listings (including any reviews), the existence of the holiday rental properties, the identity of the Owner or Holiday Maker, the safety or legality of the holiday rental property and any other matter relating to the holiday rental property and/or the Owner or Holiday Maker is the responsibility of the Holiday Maker or Owner to satisfy himself on. However, we do undertake to suspend any listings where we have been informed of, or have otherwise become aware of, any reasonable grounds to do so in respect of the Owner or the specific holiday rental property.

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  • 2.3    Avillarentals does not charge a fee to Holiday Makers accessing this Website and viewing the property listings. However, Avillarentals does charge Owners a fee per property to advertise their holiday rental properties on this Website. Both Holiday Makers and Owners are granted a limited, revocable, non-exclusive licence to access this Website to advertise holiday rental properties and/or view listings or make legitimate enquiries to Owners regarding particular holiday rental properties, in accordance with these Terms & Conditions. Any other use of this Website is prohibited.

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  • 2.4    While Avillarentals endeavours to ensure that this Website is available 24 hours a day, it shall not be liable if for any reason this Website is unavailable at any time or for any period.

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  • 2.5    Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the control of Avillarentals.

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  • 2.6    You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register. Each registration is for a single user only. Avillarentals does not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.

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  • GENERAL RECOMMENDATIONS FOR HOLIDAY MAKERS

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  • 3.1    You will find the contact details (fax and/or telephone) of the Owner on the web page relative to the advertisement. If you are emailing an Owner, please give your name, email address, fax and/or telephone number and remember to state the number of people (adults/children) plus the dates that are of interest to you.

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  • 3.2    If you have any requirement or have any questions, please state these at the time of emailing. It should be remembered that in the case of private Owners they may not check their email daily. If you do not get any response from your email we suggest that you either fax or telephone the Owner.

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  • 3.3    When making a booking you should be aware that each Owner may have their own way of processing any bookings. For your guidance you should expect to pay a deposit (normally between 10% & 40% of the total rental rate) to secure the booking. The deposit would normally be paid by either cheque or by bank transfer, or what ever means determined. The Owner should then confirm the booking and receipt of payment by letter and/or email. The balance of payment is normally paid 8 to 10 weeks prior to the start of the holiday. It should be noted that often a breakages deposit is requested/required to be paid with the balance of payment, and this is normally refundable at the end of the rental period subject to retaining any part of the deposit due to any breakages, damages, and any metered charges for provision of gas, electricity, telephone and/or subscription television if they are not included in the agreed rental rate.

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  • 3.4    Avillarentals recommends that you check the cancellation terms with the Owner at the time of booking; often deposits are not refundable in certain circumstances. A sliding scale of charges for late cancellation may apply after the balance of payment has been made.

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  • 3.5    Avillarentals strongly recommends that you request and obtain any holiday rental property terms and conditions in writing. Avillarentals also strongly recommends that you take Holiday/Travel Insurance at the time of booking any holiday rental property and before making any travel arrangements.

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  • 3.6    For your own peace of mind you should make sure that prior to travel you have the full address and directions to the holiday rental property you have rented. These details are normally sent to you after the balance of payment. Some Owners will send you keys in advance of your departure, some may live on or close to the holiday rental property and be there to greet you and show you the holiday rental property and facilities. It is advisable that you have a contact name and telephone number for the holiday rental property so that you may advise of any delay and/or other problem.

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  • 3.7    Avillarentals will not show or promote any Owner’s email address, trade or business name, or website address within any property advertisement (see Privacy Policy).

     

  • 3.8    Any recommendation and/or advice provided in clause 3 is a suggestion only and does not form part of any agreement, nor does Avillarentals take any responsibility for them.

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  • CONDITIONS APPLICABLE TO ADVERTISEMENTS

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  • 4.1    Avillarentals shall be entitled to reproduce any part or whole of any photographic material supplied by you relating to the holiday rental property and its surroundings, in accordance with these Terms & Conditions.

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  • 4.2    The Owner warrants that he is the owner of the photographic material supplied and that he has ownership of copyright or has the relative authority from the copyright owner(s) to grant Avillarentals permission to use the photographic material or any similar material. The Owner agrees to indemnify Avillarentals against any costs, losses, damages and expenses arising out of or in conjunction with any claim or action brought about by breach of copyright, misrepresentation or other infringement of third party rights arising from use of any material supplied by the Owner for use on this Website.

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  • 4.3    Avillarentals reserves the right to determine the final design layout of this Website including the right to edit, copy or amend layouts or photographic material supplied. Avillarentals also reserves the right to edit, copy or amend information or material entered onto the online database by an Owner. Avillarentals cannot be held responsible for any loss or damage resulting from the design and/or positioning of any holiday rental property or any changes made to the photographic material and/or copy provided by the Owner.

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  • 4.4    Verification of any prospective Holiday Maker is the sole responsibility of the Owner.

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  • 4.5    Avillarentals reserves the right to cancel any registration of an Owner enabling him to advertise holiday rental property details at its sole discretion and for any reason whatsoever which may include, for example, if a number of complaints are received from Holiday Makers.

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  • 4.6    Advertisements are expected to follow acceptable content policies. Avillarentals reserves the right to refuse to accept any advertisement submitted. If the advertisement has been paid for via our online payment service, then a full refund will be made. If cheque/postal order or similar is received, then that will be returned to the sender. Any materials received by post that is part of a refused advertisement will be returned. Under no circumstances will any compensation whatsoever be payable by Avillarentals, this includes but is not limited to any loss of income, the time and cost of submitting or posting the advertisement.

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  • 4.7    The Owner of any holiday rental property submitted to this Website must have the permission of the owner of the holiday rental property and any other relevant person to advertise and rent that holiday rental property to a Holiday Maker, and Owners are requested to be accurate and honest in their description of any holiday rental property. Misrepresentation of any holiday rental property and its location and/or surroundings cannot and will not enhance your rental potential. In any circumstance of misrepresentation or any misuse of the Website system, Avillarentals reserves the right to remove the holiday rental property page and details and retain payment and you agree to indemnify Avillarentals for any claims or any losses directly or indirectly resulting from any misrepresentation relating to any holiday rental property or resulting from your misuse of the Website system.

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  • 4.8    Each advertisement refers to a particular holiday rental property that is given a unique reference. You are not allowed to substitute one property for another under any circumstances. Avillarentals reserves the right to remove any advertisement and photographic material that has been substituted or changed for whatever reason.

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  • 4.9    The Owner should leave detailed instructions of how Holiday Makers can contact him if there is a problem regarding the property and/or its contents. Details should also be available of local services including but not limited to chemists, doctors, police, and supermarkets.

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  • 4.10    Avillarentals’ listings are provided for the period paid for. As most of the work, web pages and promotion are at the frontal end, Avillarentals offers no refunds on cancelled web pages unless otherwise noted.

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  • 4.11    The Owner may withdraw his advertisement from the Avillarentals website at any time during the period paid for, provided that the Owner notifies Avillarentals in writing by letter and/or email. The advertisement may be reinstated at a time still within the period paid for. Please note that Avillarentals will not allow an extension to cover the period when the advertisement was not being shown on the Website.

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  • 4.12    This Website may only be used by users who can form legally binding contracts under applicable law. If you are using the Website on behalf of an incorporated or unincorporated entity, you represent that you have the authority to bind the entity to these Terms & Conditions.

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  • 4.13    Every user of the Website represents and covenants that any information submitted to the Website during its use shall be true and correct, and further agrees to provide notice to the Website online at Customer Support  regarding any updates to any such contact information previously submitted by the user to the Website.

     

  • 4.14    Each Owner agrees to promptly provide such proof of personal identification, proof of ownership of the holiday rental property listed on the Website, and proof of authority to list the holiday rental property as we may request.

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  • VISITOR MATERIAL AND CONDUCT

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  • 5.1    Other than personally identifiable information, which is covered under the Privacy Policy (see Privacy Policy), any material you upload to this Website shall be considered non-confidential and non-proprietary. Avillarentals shall have no obligations with respect to such material. Avillarentals shall have the right to use, copy, distribute, incorporate and disclose to third parties any such material for any purpose. Such material shall also include but is not limited to all data, images, sounds, text and other things embodied in the material.

  • 5.2    You are prohibited from posting or transmitting to or from this Website any material:

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  • 5.2.1    that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

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  • 5.2.2    for which you have not obtained all necessary licences and/or approvals; or

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  • 5.2.3    which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

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  • 5.2.4    which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

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  • 5.3    Avillarentals does not actively monitor the content submitted to the Website by any Website users and is not responsible for the content of any material submitted to the Website (including but not limited to any review of or guest book entries for any particular holiday rental property). The Owner is solely responsible for all content, data or images that he uploads and/or stores using the Website and for the accuracy of the submitted material. Without prejudice to the foregoing, Avillarentals reserves the right to review materials stored and/or posted and to remove any materials and other content in its sole discretion and/or to suspend any content from the Website.

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  • 5.4    Avillarentals reserves the right at all times to disclose any information we may deem necessary to satisfy any applicable law, regulations, legal process or governmental request, or to edit, refuse to post, suspend or remove any information content or materials, in whole or in part in our sole discretion.

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  • 5.5    Avillarentals also has the right to disclose your identity (where known) to any third party who is claiming that any materials posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy or is otherwise unlawful or claimed to be unlawful. Avillarentals shall fully co-operate with any law enforcement authorities or court order requesting or directing the disclosure of the identity or location of anyone posting any material in breach of these Terms & Conditions.

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  • 5.6    You agree that, with respect to other users' personal information that you obtain through the Website or through any Website-related communication or any Website-facilitated transaction, we have granted to you a license to use such information only for:

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  • 5.6.1    any Website-related communications that are not unsolicited commercial messages;

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  • 5.6.2    using services offered through the Website;

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  • 5.6.3    facilitating a financial transaction between you and the other user (such as an on-line booking or charging a personal credit card); and

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  • 5.6.4    any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for.

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  • 5.7    In all cases covered by clause 5.6, 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 clause, 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 clause. 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.

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  • LIABILITY

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  • 6.1    Avillarentals and each of The Carp Group companies and the officers, directors, employees, shareholders or agents of each of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:

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  • 6.1.1    this Website;

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  • 6.1.2    the use, inability to use or the results of use of this Website;

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  • 6.1.3    any websites linked to this Website or the material on such websites;

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  • 6.1.4    your downloading of any material from this Website or any websites linked to this Website;

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  • 6.1.5    the confirmation, verification or investigation of material or claims made on the Website or of any information received in connection with a holiday rental property rental transaction;

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  • 6.1.6    any holiday rental property bookings or cancellations; and

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  • 6.1.7    viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website.

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  • 6.2    Nothing in these Terms & Conditions shall exclude or limit Avillarentals' liability for:

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  • 6.2.1    death or personal injury caused by its negligence; or

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  • 6.2.2    fraud; or

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  • 6.2.3    misrepresentation as to a fundamental matter; or

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  • 6.2.4    any liability that cannot be excluded or limited under applicable law.

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  • 6.3    Avillarentals shall not be responsible for any infringement of copyright laws resulting from the use of any material supplied by the Owner.

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  • 6.4    If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you are responsible for all costs in this connection.

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  • 6.5    Any confirmation, investigation or verification of material or claims published on this Website is the sole responsibility of the Holiday Maker or Owner.

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  • 7    FORCE MAJEURE

    • If Avillarentals is unable to provide the contracted level of service for any reason outside of its reasonable control, including but not limited to loss of service/outages, global conflict or acts of God, neither Avillarentals nor its owners and/or their agent or representative shall be liable.

     

  • COPYRIGHT

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  • 8.1    You are permitted to print and download extracts from this Website for your own personal and non-commercial use on the following basis:

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  • 8.1.1    no documents or related graphics on this Website are modified in any way;

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  • 8.1.2    no graphics on this Website are used separately from accompanying text; and

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  • 8.1.3    Avillarentals’ copyright and trademark notices and this permission notice appear in all copies.

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  • 8.2    Material and software on this Website and any associated website within ‘The Carp Group’ of businesses are copyright protected. Other than using it for your own personal and non-commercial use, the material and software may not otherwise be used or copied in any way without the prior written consent of Avillarentals or the persons or the body or the association that listed that information on this Website or any associated websites.

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  • 8.3    Any use of extracts from this Website other than in accordance with clause 6.1 above for any purpose is prohibited, unless you obtain the prior written consent of Avillarentals or the persons or the body or the association that listed that information on this Website or any associated websites.

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  • 8.4    If you breach any of the terms in these Terms & Conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

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  • 8.5    Any rights not expressly granted in these Terms & Conditions are reserved.

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  • LINKS TO AND FROM OTHER WEBSITES

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  • 9.1    Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Avillarentals has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Avillarentals does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

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  • 9.2    If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

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  • 9.2.1    you do not remove, distort or otherwise alter the size or appearance of the Avillarentals logo;

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  • 9.2.2    you do not create a frame or any other browser or border environment around this Website;

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  • 9.2.3    you do not in any way imply that Avillarentals is endorsing any products or services other than its own;

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  • 9.2.4    you do not misrepresent your relationship with Avillarentals nor present any other false information about them;

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  • 9.2.5    you do not otherwise use any Avillarentals trade marks displayed on this Website without express written permission from Avillarentals;

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  • 9.2.6    you do not link from a website that is not owned by you; and

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  • 9.2.7    your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

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  • 9.3    Avillarentals expressly reserves the right to revoke the right granted in clause 9.2 for breach of these Terms & Conditions and to take any associated action it deems appropriate.

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  • 9.4    You shall fully indemnify Avillarentals for any loss or damage suffered by them or by each company in The Carp Group for breach of clause 9.2.

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  • CHANGE OF TERMS & CONDITIONS

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  • 10.1    Avillarentals may make changes to these Terms & Conditions and any disclaimer from time to time. When these changes are made, Avillarentals will make a new copy of the amended Terms & Conditions and any amended disclaimers available on the Website.
  • 10.2    You understand and agree that if you use the Website after the date on which the Terms & Conditions or any disclaimers have changed, Avillarentals will treat your use as acceptance of the updated Terms & Conditions or disclaimer. If you do not accept the amendments you should cease use of the Website.

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  • REFUND POLICY

    • Refunds will be at the discretion of Avillarentals

     

  • VAT

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  • 12.1 Our services are defined for VAT purposes under paragraph 3, Schedule 5, VATA 1994. We are legally required to charge VAT on our fees at 15.00% to Owners who are either resident in the UK or who are private individuals resident in the EU.

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  • 12.2    If you are an Owner resident outside the EU, VAT will not be charged as our services are outside the scope of UK VAT when provided to you.

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  • 12.3    If you are an EU resident Owner (except in the UK) and if you confirm that you are "In business", we will not charge UK VAT on our fees. "In business", for this purpose, means that you rent property on a regular basis to generate income.

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  • 13    GOVERNING LAW

    • These Terms & Conditions and any disclaimer shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms & Conditions or any disclaimer shall be subject to the non-exclusive jurisdiction of the English courts.

     

  • 14    NO AGENCY

    • 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 & Conditions or any disclaimer or by your use of the Website.