Introduction
This information is the terms and conditions on which we supply any of our services listed on our website to you. Please read these Terms and Conditions carefully. You should understand that by ordering any services or otherwise using our website you agree to be bound by these Terms and Conditions. These Terms and Conditions also apply in relation to other communications we may use to offer our services including telephone, facsimile and post.
You should print a copy of these Terms and Conditions for future reference.
Should you refuse to accept these Terms and Conditions, you will not be able to use or order any services or use our website and will not be able to register your details with us. By accepting these Terms and Conditions you warrant that you are legally capable of entering into a binding contract and are at least 18 years old.
1. Definitions
For ease of reference, certain words used throughout these Terms and Conditions are given a specific meaning. These meanings are set out below:
1.Paws Holidays Ltd means pawsholidays.com and “us” or “we” pawsholidays.com
1.2 “User” means any party using the Website or who has registered with pawsholidays.com to use the Website and “you” refers to a User;
1.3 “Services” means the services offered by pawsholidays.com via the Website and/or by telephone, facsimile and post.
1.4 “Website” means www.pawsholidays.com may use from time to time
1.5 “Material” means information, data, wording or graphics.
2. Information About Us
We operate the website We are Paws Holidays Ltd, a company registered in England under Company Number 11646403 and with our Registered Office at Suite 209 Regus Stuart House, East Wing, St. John’s Street, Peterborough. PE1 5DD
3. Registration
3.1 Registration
Each User undertakes to register using their correct name, address, and other requested details. In the event that any such information changes the User must notify pawsholidays.com of such change.
3.2 User names and passwords.
A user name and password will be allocated upon registration for use of the Services. This user name and password is personal to the User. The User is responsible for all access to the Website and use of the Services using that user name and password. The User shall not disclose any user name, password or other security information supplied by pawsholidays.com to any third party.
4. Basis of contract – Our Status
4.1 By using pawsholidays.com to facilitate the hiring of any caravan you understand and acknowledge that the resulting contract is between two Users of the website (the caravan owner and the hirer of that caravan). pawsholidays.com acts only to facilitate that contract and is not a party to it. The terms of that contract are a matter for the parties to the contract and you should take care to ensure that these are appropriate for your needs. Once the owner of the caravan and the hirer of that caravan have made contact with each other pawsholidays.com has no further involvement in the process and in particular will not get involved with regards to non-replies, disputed payments, cancellations, refunds, compensation or complaints of any nature whatsoever. Neither the hirer nor the owner of any caravan shall have any claim whatsoever against pawsholidays.com in respect of the hire or other arrangements made between them in relation to the hiring of any caravan.
4.2 Without prejudice to Clause 4.1 above, we may consider complaints that we receive and reserve the right, at our absolute discretion, to remove any User from the website if we believe that their conduct warrants this. If we take the decision to remove any User from the website then we will refund to that User the unexpired portion of any fee which that User has paid to us (calculated on a pro rata basis) LESS an administration fee of £15.
4.3 By submitting content to the Website by email, postings on the Website or other means, the User grants Paws Holidays Ltd and its affiliates a non-exclusive, royalty free, perpetual, transferable, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, translate, create derivative works from and publicly display and perform any submissions throughout the world in any media.
5. Services and Intellectual Property Rights
5.1 Information Services
5.1.1 Users may access information, data, wording or graphics (“Material”) posted on the Website by pawsholidays.com and third parties. While pawsholidays.com will take reasonable care in relation to the provision of Material, to the extent permitted by law, pawsholidays.com makes no representations or warranties regarding, nor is it responsible for the accuracy or completeness of, any Material on the Website, whether provided by pawsholidays.com or third parties.
5.1.2 pawsholidays.com grants the User a non-exclusive, non-transferable licence to use the Material on one terminal at any one time, for which purpose a terminal shall mean any identifiable device, portable or otherwise, through which the User can receive, process and/or retrieve and/or display the Material, including but not limited to all types of computer screens, monitors, displays, telephones, personal computers and pagers.
5.1.3 The Material is provided for the User’s personal use only.
5.1.4 The User shall ensure that third parties will not gain access to the Material in any manner, other than as set forth in the foregoing paragraph.
5.1.5 pawsholidays.com shall be entitled to request the User to submit to an audit (which may include a personal visit) to ensure compliance with the requirements set out in these Terms and Conditions.
5.2 Intellectual Property rights
5.2.1The User acknowledges that all copyright, trademarks (registered or unregistered), know-how, design rights (registered or unregistered) and all other intellectual property rights in the Material, the Website and the Services, including but not limited to, text, images, logos, branding, sounds, layout, icons, video material design, software including code(interface and website structure) and WebPages shall belong to pawsholidays.com or its licensor as the case may be and the User undertakes not to infringe any of the said rights. Other than to the extent required to access and view the Website, no copying, distribution, modification of the Website or any Material is permitted. The User cannot specifically target the pawsholidays.com brand directly through keyword purchases that use intellectual property rights. Resale or supply of any Material is expressly prohibited.
5.2.2 The User acknowledges that certain Material is supplied under licence and that the intellectual property rights in such Material is owned by the licensor. pawsholidays.com nor the licensor will be responsible for any errors or corruption in the Material provided.
6. Exclusions Limitations and Indemnity
6.1 SUBJECT TO CLAUSE
6.2 BELOW ALL WARRANTIES, CONDITIONS, REPRESENTATIONS OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW AS TO THE NATURE OR QUALITY OF THE SERVICES OR OTHERWISE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. PAWS HOLIDAYS’ MAXIMUM LIABILITY IN RESPECT OF THE PROVISIONS OF THE SERVICES (WHETHER ARISING IN NEGLIGENCE OR OTHERWISE) WILL BE LIMITED TO AN AMOUNT EQUAL TO THE SUMS PAID OR PAYABLE BY THE USER TO PAWS HOLIDAYS’ DURING THE 12 MONTHS PRIOR TO THE DATE UPON WHICH ANY CLAIM ARISES. PAWS HOLIDAYS’ WILL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE OR FOR ANY LOSS OF PROFIT, DATA OR BUSINESS (HOWSOEVER CAUSED AND WHETHER ARISING OUT OF ANY BREACH OF THESE CONDITIONS WHETHER NEGLIGENT OR OTHERWISE).
6.3 Nothing in these Terms and Conditions shall be construed as limiting or excluding liability for death or personal injury caused by the negligence of pawsholidays.com its directors, employees or agents or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
6.4 Reservation of Rights
pawsholidays.com reserves the right to remove from sale any goods or services, to cancel or withdraw listings or to suspend or cancel all or any of the Services for technical, legal or regulatory reasons without penalty or compensation to any User. Wherever possible, pawsholidays.com shall provide notice of such matters.
6.4 Interruption to the Services
The User accepts that computer and telecommunication systems are not fault free and may experience or require occasional periods of downtime (during which some or all of the Services will not be available) whether for repair, maintenance, upgrading or otherwise, and pawsholidays.com pawsholidays.com cannot guarantee uninterrupted availability. pawsholidays.com will use its reasonable endeavours to minimise such periods of non-availability. The User shall have no claim for breach of contract or otherwise in respect of any such period of non-availability.
6.5 Indemnity
The User shall indemnify pawsholidays.com against any and all claims, actions, damages, liabilities, costs and expenses including legal fees and expenses arising out of:
6.5.1 The User’s breach or non-observation of any of the terms of this Agreement; or
6.5.2 Any breach or inaccuracy in any of the User’s representations or warranties;
7. User Information and Other Companies
pawsholidays.com complies with and respects your rights under the Data Protection Act 1998 and Directive 95/46/EC. The information you supply may be used to inform you of other services offered by pawsholidays.com which we think may be of interest to you. By accepting these Terms and Conditions Users consent to the use of their personal information in accordance with the terms of the Privacy Policy, which the User confirms it has accepted and read.
We may provide links on our website to the websites of other companies. We cannot give any undertaking that products or services you may purchase from these websites will be of satisfactory quality and any such warranties are disclaimed by us absolutely.
8.Obligations
8.1 The User will not:
(a) transmit any message anonymously or under a false name;
(b) transmit any unlawful, threatening, abusive, harassing, libellous, defamatory, obscene pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, under any applicable law;
(c) transmit any message which discloses private or personal matters concerning any person;
(d) transmit any information, file or software that contains a virus, worm, Trojan horse or any other contaminating or destructive features;
(e) transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade marks or trade secrets or other confidential proprietary information;
(f) interfere, in any way, with others’ use of or access to the Website;
8.2 Suspension and Termination
www.pawsholidays.com reserves the right to suspend or terminate provision of Services to any User which is or appears in the reasonable opinion of pawsholidays.com to be in breach of any of the provisions of these Terms and Conditions, including the provision of false registration details or other misuse of Services. Any User who is suspended or has the provision of Services terminated may not re-register without pawsholidays.com prior consent.
8.3 Compliance with laws
The User undertakes to comply with all statutes, rules of law, regulations and codes of practice in relation to the purchase, storage, use and sale of goods and services.
9. Breach and Insolvency
9.1 These Terms and Conditions are binding on pawsholidays.com and the User. If either pawsholidays.com or the User is in breach of these Terms and Conditions, the party not in breach may immediately terminate the User’s registration with pawsholidays.com by notifying the other in writing.
9.2 In the event that one party convenes a meeting of its creditors or if a proposal for a voluntary arrangement within Part I of the Insolvency Act 1986 or for any other composition scheme or arrangement with (or assignment for the benefit of) its creditors is made or if one party shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee, receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of one party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of one party or for the making of an administration order (otherwise than for the purpose of a solvent amalgamation or reconstruction), then the other party may terminate the User’s registration with pawsholidays.com by notifying the first party in writing.
10. Consumer Rights
10.1 If you are contracting as a consumer, you may cancel your contract with us at anytime within 7 working days, beginning on the day after you register to use the website. In this case, you will receive a full refund of the price paid within 30 days of receipt by us of your notice of cancellation, usually using the same method that you used to pay us.
10.2 To cancel a contract, you must inform us in writing.
11. General
11.1 pawsholidays.com reserves the right to make alterations to these Terms and Conditions, including commission rates as specified from time to time on the Website. In such event, Users will be informed via pawsholidays.com home page on the Website. The provision of the Services will be governed by any altered Terms and Conditions 7 days after such Terms and Conditions appear. If any User does not wish to be governed by the new version of the Terms and Conditions, that User should notify pawsholidays.com and thereafter cease to use the Services with effect from the date when the new Terms and Conditions come into force.
11.2 Any notice to be given in writing under these Terms and Conditions will be validly served if given by email, facsimile or post to (in the case of the User) the contact methods given to pawsholidays.com by the User or (in the case of pawsholidays.com) to the appropriate contact methods specified on the Website.
11.3 pawsholidays.com rights under the Terms and Conditions may be exercised as often as necessary, are cumulative and not exclusive of its rights under the general law and may be waived only in writing and specifically. Delay in exercising or non-exercise of any right is not a waiver of that right.
11.4 Any right of rescission conferred upon pawsholidays.com by the Terms and Conditions shall be in addition to and without prejudice to all other rights and remedies available to pawsholidays.com
11.5 The Terms and Conditions and the documents referred to in it constitute the entire agreement and understanding between the parties and supersede any previous agreement between the parties relating to the subject matter of the Terms and Conditions.
11.6 pawsholidays.com may assign or sub-contract its rights or obligations under these Terms and Conditions. Assignation or sub-contracting of the User’s rights and obligations will be permitted only with the prior written consent of pawsholidays.com
11.7 Each party acknowledges and agrees that in entering into the Terms and Conditions and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) of any person (whether a party to the Terms and Conditions or not) other than as expressly set out in the Terms and Conditions. Nothing in these Terms and Conditions shall, however, operate to limit or exclude any liability for fraud.
11.8 If any provision of the Terms and Conditions becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other provision of the Terms and Conditions or the legality, validity or enforceability in any other jurisdiction of that or any other provision of the Terms and Conditions.
11.9 Nothing in these Terms and Conditions is intended to or shall operate to create a partnership or joint venture of any kind between the parties, or to authorise either of the parties to act as agent for the other, and neither of the parties shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
11.10 These Terms and Conditions shall be governed and construed in accordance with the law of England and both parties hereby submit to the exclusive jurisdiction of the English courts.
