Terms and Conditions

1. DEFINITIONS AND INTERPRETATION

The following words and expressions shall have the following meanings unless the context otherwise requires:-

1.1. “Us”, “We” means Apartment Breaks Limited whose registered office is 15 Lord Street, Wrexham, LL11 1LH.

1.2. “Property” means any residential property which is not a principal residence including the premises, any swimming pool, ancillary buildings, annexes, contents, fixtures and fittings, grounds, facilities and services available or accessible to any Customers. For the purposes of clarification this shall exclude any timeshare property. The property shall be self contained, having its own kitchen and bathroom, shall be of tenantable condition and shall be serviced by a local management company.

1.3. “You”, “Owner” means the person or persons who own(s) a Property advertised on The Website.

1.4. “Service” means an online property rental service whereby We introduce You to customers who enter into a contract with You for the rental of your Property and which facilitates the booking of such rental periods and for the payment of any rent due thereunder.

1.5. “The Website” means the website known as www.apartmentbreaks.co.uk and which is owned and operated by Us.

1.6. “Customer” means any person, persons or bodies incorporate who book Property through the Website.

1.7. “Commission” means the commission You pay to Us in respect of all bookings made through the Website.

1.8. “Total Booking Value” means the amount of rent to be paid by the Customer to You in respect of their use and occupancy of the Property for the period of the booking.

2. ACCESS AND USE OF THE WEBSITE

Subject to your compliance at all times with the terms of this Agreement We shall endeavour to make the Website available to You and all potential Customers. Your acceptance of the terms of this Agreement shall be deemed by your access and continued use of the Website and in due course by your use of a tick box at the appropriate time when using the Website. No representation or guarantee is given that the operation of the Website will be uninterrupted, continuous or error free. No liability will be accepted in the event of loss or damage sustained as a result of such occurrences (including, for the avoidance of doubt, and not by way of limitation, any loss of bookings).

3.ACCESS AND USE

We shall provide You with access to the Service through the use of a “Members Area” and the further use of a Password and UserID, both of which will be created by You and which will be confirmed by the Website upon confirmation of your membership.

4. YOUR OBLIGATIONS TO US

4.1. You agree and acknowledge that You will pay to Us a commission of 20% of the total booking value in respect of the rental of your Property through the Website. You further agree and acknowledge that where payment for the booking of the Property has been made through the Website that we may deduct such commission (and any VAT due thereon) from the payment made by the Customer.

4.2. Commission shall become due when a Customer agrees through the Website or otherwise to rent your Property and pays for or authorizes payment of the amount due at the time of booking.

4.3. You shall be responsible for the initial loading of the details of the Property (including prices) and for the maintenance of the accuracy of such information such that at all times it remains accurate, complete and not misleading in any respect.

4.4. You shall accept a booking for a Property if according to the Website such Property is shown as being available for rent.

4.5. You confirm that You own the Property and have full and unrestricted power to enter into this Agreement and any agreement for the rental of the Property. You hold and will at all times maintain all necessary licenses, consents and permissions required by the applicable national and/or local law in relation to the Property and the rental of same.

4.6. You will promptly and efficiently respond to any queries or complaints regarding the Property and/or any booking in respect of the Property.

4.7. You will promptly and efficiently resolve any difficulties of whatsoever nature created as a result of your having to cancel, amend or alter a booking in any fashion.

4.8. You will not rent or attempt to rent the Property to Customers for additional periods and in the event that You do so we shall be legally entitled to the usual rate of Commission.

4.9. In the event of your cancelling, amending or altering a booking with a Customer such that the rental of the Property does not occur then and in that event the usual rate of Commission shall remain legally due and payable by You whether in immediate payment or in the deduction of such amount from any further bookings (if any).

4.10. You will at all times maintain a comprehensive insurance policy or policies to cover (with an adequate indemnity level) all risks relating to the use and/or occupation of the Property normally covered by insurance (including by way of example and not by way of limitation) destruction or damage of the Property by any cause and all third party risks including cover for death, personal injury and illness of any Customer.

5. CONTENTS OF WEBSITE

You acknowledge that all copyright, trade marks, trade names, patents, domain names and other intellectual property rights of whatsoever nature created, developed, subsisting or used in or in connection with the Website are and shall remain the sole property of Us.

6. LIMITATION AND LIABILITY

All Customers who make a booking for a Property shall have a contract with You and You accept liability for that contract as a Principal. Accordingly neither We nor any of our Offices, Agents nor employees, will be liable for any loss or damage suffered by You (or any third party) arising howsoever from your operation or usage of the Website or the use and operation of any associated websites.

7. INDEMNITY

You agree to indemnify Us and keep Us indemnified against and in respect of the full amount of all liabilities, claims, losses, expenses, costs (including legal costs on a full indemnity basis), damages, refunds and all other sums of whatsoever nature and of whatever description (collectively “liabilities”) which are suffered or incurred by Us or for which We become liable or responsible and which arise from any cause whatsoever, out of or in connection with this Website.

8. TERMINATION

This Agreement will continue in full force indefinitely but may be terminated by either party giving the other written notice (including email notice) of not less than 14 days. Termination of this Agreement shall not prejudice any rights of You or Us which are in existence prior to the effective date of termination.

9. JURISDICTION

These terms and conditions are governed by the Law of England. The parties hereto accordingly submit to the exclusive jurisdiction of the Courts in that country in the event of any dispute that may arise.