T’s & C’s
Terms & Conditions For All Website Users
1. Who We Are
www.habitatsabroad.com is the trading name of Habitats Abroad Limited, a company registered in England whose company registration number is 07375796. Our registered office is at 9 Wigmore Close, Gorse Covert, Birchwood, Warrington, Cheshire WA3 6UN.
2. What We Do
Habitats Abroad exists simply to provide a platform to enable holiday consumers to get in touch with holiday providers. Much of the content of our website is generated by the holiday providers. Since the holiday providers are located around the world we can do little to ensure the veracity of holiday providers claims and therefore it is up to you the consumer to make your own enquiries and satisfy yourself as to the accuracy of the information and the legitimacy of the holiday providers mentioned on our web pages.
3. What We Are Not
We are not rental agents or property owners. We do not in any way provide or arrange holidays.
4. Site Security
This website contains both public and protected pages and links to other associated sites that provide online services. Any information transmitted to Habitats Abroad Limited through public pages may not be encrypted and could be intercepted by third parties or electronically delivered to parties other than the addressee. Any such information is sent at your own risk and you should therefore carefully consider its sensitivity prior to transmitting it.
Some pages of the website offer the facility to email us with an enquiry. Email is not a secure medium of communication. For this reason, we request that you do not send private information to us by email. The protected pages of this site, which form our online services to you, are however protected by access via a secure server. Pages utilising this technology will have URLs that start with HTTPS instead of HTTP. In addition, in order to use the online services, you must have a valid user name and password. Data transmitted via the secure server is stored on our database, which is protected by further security measures (such as firewalls), and may only be accessed by authorised users.
5. Third Party Sites
We have also included links to third party websites in this site for your convenience. By giving access to such sites, we are not making any statement, warranty or pre-presentation as to the quality or content of that site as we do not have responsibility for it.
They may also place a cookie on your browser.
Cookies are information files that allow you navigate a website and are stored on your hard drive but cannot tell us who you are but it helps to tell us what pages of our website you have visited so we can gather statistics and make informed assessments thus helping tailor your visit to our website into an informative one.
They also help you to see what websites you have visited in the past.
Please note that when accessing another site by way of a hypertext link you may be leaving the Habitats Abroad Limited site.
6. Hyper Links
You may provide hyperlinks to this site only with our prior permission and in accordance with the terms & conditions of Habitats Abroad Limited. You may request such permission by emailing us.
Please include in your request your name, address, telephone number and a brief description of your site and why you would like to establish a link to this site.
7. Copyright, Trademark And Intellectual Property Rights Notices
The Habitats Abroad logos and the Habitats Abroad word marks are registered trademarks owned by us. Other products and company names featuring in the website may be the trademarks of the respective owners.
All the contents of this website, including any software, are protected by copyright, database right and other intellectual property rights. You may not reproduce and part of the website in any form unless we agree in writing in advance, except as necessary to the website in accordance with these terms or to keep a record of a transaction between you and us. You may not create a hypertext link to the website or “frame” the website unless we agree in writing in advance.
Your privacy is important to us. We will only use information that we collect about you lawfully, and in accordance with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“data protection laws”). You confirm that you will only enter information about yourself and that such information is true.
The details which you provided about yourself and any other information which identifies you (“Personal Information”) are held on our computer systems. These details are for operational purposes, for example where you express an interest in a property we will communicate your contact information to the party offering the property to let. We may also personalise your experience of www.habitatsabroad.com by using your browsing activity to make recommendation to you about products and services that we think may be of interest to you.
Any third parties who may receive your personal information from us, such as insurance companies or owners of properties or those who provide services to such parties, will also be required to use your personal information strictly in accordance with data protection laws.
We do not take your credit card details. All transactions will be done through Paypal and on their terms and conditions.
We may also pass your Personal Information to any person who takes over our business to use your Personal Information on the same basis as we do, and to legal or regulatory authorities where we are lawfully requested or required to do so.
We may use your Personal Information to contact you (including by phone, fax, email, and SMS) about new features, services, products and special offers which we or our selected partners may offer. If you do not wish to receive this information you may choose not to do so by clicking where indicated on the member registration page or by informing us by email at email@example.com.
If you initially wish to receive such information but you change your mind later, you may tell us by using the “update your personal details” page or by sending us an email to firstname.lastname@example.org.
We may use your Personal Information where necessary to defend or establish our legal rights or where otherwise required by law or binding regulation.
If you would like details of the Personal Information we store about you, please write to:
Habitats Abroad Limited, 9 Wigmore Close, Gorse Covert, Birchwood, Warrington, Cheshire WA3 6UN.
Your data will be held by us alone and not be distributed or sold to any other company. We will only use your data to keep you up-to-date with information relating to Habitats Abroad, new properties that we advertise, holidays in general and this will be in the form of a general email newsletter. However, you will be given the opportunity to opt-out of receiving such emails.
Under these terms and conditions property owners must not ask for cash payments and holidaymakers must not send cash payments in any form of wire transfer for their own protection against possible scams.
Anyone found doing this would be removed from the site without refund.
Only a pre-agreed amount should be sent to the property owner by cheque, bank transfer (BACS) or payment on line with Paypal/Credit cards, which is traceable and may be covered by the credit card’s own liability insurance for extra protection against any possible loss of monies. As payments are always handled by Pay Pal, your bank or credit card details are 100% secure. For your own protection, if a payment is sent by cheque that is larger than requested, it is the property owners responsibility to return it to the sender and await payment for the correct amount.
Scammers have been known to request the difference in amounts in return and the original cheque may bounce leaving you out of pocket and no traceable lead to the scammer.
10. Conditions Of Use
You may only use the website on a personal basis in accordance with these terms. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this website.
If you do not comply, or if we reasonably suspect that you are not complying, with these terms, we may block your access (either temporarily or permanently) to this website.
11. Registered Users
If you register your details with us using our website registration process, we will send you your registered account details on completion of the registration process.
You are responsible for maintaining the confidentiality of your account details, and are fully responsible for all activities that occur under your account (including where your account is used by another person), unless these activities arise due to our negligence or a breach of these terms by us.
12. Liability Disclaimer
We DO NOT check the accuracy of the information published by third parties on this website. We can not guarantee that any third party’s information on this website will be error-free. If however you believe that you have noticed an error please inform us at email@example.com.
We take measures to keep this website free from computer viruses and other malicious programs. However, we cannot accept responsibility for any computer viruses or other malicious programs which are transmitted to your computer as a result of your use of this website or a third party website, unless this was due to our negligence or a breach of these terms by us.
We cannot guarantee the availability of this website. As with any service over the internet there are factors over which we have no control and for which we cannot accept liability.
You agree that we may take the website offline where we consider that this is necessary for routine or emergency maintenance without liability to you.
We are not responsible for any losses caused by your interaction with any other 3rd party advertisers on this website. If you have problems with your holiday or the properties listed on this website this is between you and the advertiser. We are not responsible for any indirect losses which happen as a result of you choosing to book a property with any of our advertisers. We are not responsible for any other losses or damages. However nothing in these terms limits our liability for death or personal injury directly caused by us.
We reiterate all advertisers and suppliers of products, services or content through which we link from this website (which may include our selected partners) are independent entities and we are not responsible or liable for any wrongful act or omission on their part or for any of the content of their websites, including but not limited to any product liability claims.
13. Making Contracts Between Yourself And Holiday Providers
The website is designed to provide you with information about properties for rent, and related services in a geographical area. You acknowledge that we are in no way involved in such contracts. You acknowledge that you will be financially responsible for any transactions made through the website using your account details and for all reasonable and foreseeable losses you may suffer as a result of the contract.
We may change these terms from time to time and you are advised to check these terms regularly. Neither you nor we intend any third party to be able to enforce any of these terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
This agreement is governed by laws of England. Any dispute between you and us in relation to this website and/or these terms will be referred to the English courts. Use of this website is not authorised in any jurisdiction that does not give effect to all the provisions of these terms.
Terms & Conditions For Advertisers
In this contract the following terms shall have the following meanings: 1. Habitats Abroad shall mean Habitats Abroad Ltd of 9 Wigmore Close, Gorse Covert, Birchwood, Warrington, Cheshire WA3 6UN.
2. ‘Customer’ shall mean the name of the person, company of firm as referred to on the front page of this agreement.
3. ‘The Rights’ means the rights set out in clause D below.
4. ‘Property and Properties’ means such properties as the Customer is authorised to market and sell and which is currently on the market to sell.
5. ‘Website’ means the Habitats Abroad website or such similar website as Habitats Abroad shall nominate.
B. Application of Terms & Conditions
1. These provisions in conjunction with the Terms & Conditions for all
website users constitute the whole of the agreement between Habitats Abroad and the Customer. The Customer acknowledges that in entering into this agreement he has not replied upon any representations oral or written made prior to signing this agreement.
2. Any future dealings between the Customer and Habitats Abroad shall be on these terms save for the exclusion of any promotional terms from
3. Any variation to these terms may only be made by a director of Habitats Abroad and unless so made shall have no effect.
4. This contract is governed by the law prevailing in England and Wales.
C. Customer’s Warranties
1. The Customer warrants that:
1.1 He is either the owner of the property being advertised or has an agency agreement with the owners of the property being advertised authorising the display the property details upon the Habitats Abroad website.
1.2 He will within 7 days remove from the Website details of any Properties that are no longer being marketed by him.
1.3 The information uploaded by him onto the Website is correct and will be kept up to date.
1.4 In answering any enquiries about Habitats Abroad he shall either comment favourably or not at all about Habitats Abroad – at no point shall the Customer indicate that Habitats Abroad is in any way connected with any contract entered into between the Customer and any third parties.
1.5 That he owns the intellectual property rights in respect of any information including pictures, logos etc upon the Habitats Abroad website.
1.6 In dealing with members of the public the Customer shall do so in good faith and pursuant to the terms of any laws, rules or regulations that should appertain to that transaction.
D. The Rights
In consideration for the payment made by the Customer Habitats Abroad grants the Customer:
1. The non exclusive right to upload information (images and other media forms and sales particulars) relating to Properties upon the Habitats Abroad Website.
2. The right to use the Habitats Abroad logo without alteration upon the Customer’s marketing material.
3. Habitats Abroad shall endeavour to make available to view the Customer’s advertisement for a period of 12 months although this shall not necessarily amount to 12 consecutive months.
1. The customer shall pay upfront to Habitats Abroad such sum as it shall be agreed at the outset. This upfront payment shall belong to Habitats Abroad absolutely and is for the provision of the rights. For the avoidance of doubt nominal credits are NON REFUNDABLE.
F. Intellectual Property
1. The Customer grants to Habitats Abroad the right to use any material, data information etc it uploads in any way that Habitats Abroad sees fit, including but not limited to the use of such material for the purposes of promoting the Habitats Abroad business and Website.
G. Data Retention
1. Habitats Abroad may retain such information as the Customer uploads for as long at Habitats Abroad sees fit.
H. Breach of Warranty
1. In the event that the Customer is suspected of or proved to have breached any of its Warranties;
1.1 Habitats Abroad may suspend the advertisement of any properties being marketed by the Customer.
1.2 The Customer shall reimburse Habitats Abroad for the reasonable costs, including the cost of management time, of any investigation into such allegations.
1.3 The Customer shall indemnify and hold harmless Habitats Abroad from any costs, loss or damage caused to Habitats Abroad and shall pay or as the case may be reimburse Habitats Abroad for any damages that it is ordered to pay.
1.4 Such sums as may fall due under clauses H1.2 and H1.3 shall become due as a debt from the moment the Customer is notified of them and Habitats Abroad shall also be entitled to interest Barclays Bank base rate plus 4% if the sum is not paid within 7 days of being demanded.
I. Termination of Agreement
1. Habitats Abroad may terminate this agreement at any time upon giving 7 days notice.
J. Limitation of Liability
1. Habitats Abroad shall bear no liability for;
1.1 Any error factual, programming or otherwise within the Website or any other material generated by Habitats Abroad.
1.2 Any loss of information, delay or interruption to the display of information uploaded by the Customer upon the Website.
1.3 The loss of the Website.
1.4 Without prejudice to the foregoing;
1.4.1 Customers must notify Habitats Abroad of any issues, claims or problems within 14 days of their discovery otherwise Habitats Abroad shall not be responsible for such issues, claims or problems.
1.4.2 In the event that Habitats Abroad becomes liable in any way to the Customer under any circumstances other than for personal injury or death then the parties agree that the maximum liability for any event or series of connected events shall not be more than £10 inclusive of legal costs and VAT.
1.1. Habitats Abroad may give notices to the Customer by post, e-mail or by fax to the addresses and fax numbers as supplied by the advertiser.
1.2 The Customer must give notices to Habitats Abroad in writing by recorded delivery to their company address as indicated in section 1-who we are.
2.1 Habitats Abroad reserves the rights to transfer the benefit or liabilities to such other company as it shall see fit. Upon such transfer Habitats Abroad shall cease to be responsible for any liabilities that have not crystallised at the date of transfer.
Any references of ‘he’ within this agreement shall be taken as referring to the Customer irrespective of his gender or legal entity.