Terms and Conditions

Please read these terms and conditions (“the Terms”) carefully. By entering (or advertising on) our Website, you are deemed to have accepted our conditions of use as set out in the Terms, including the disclaimers which are set out in paragraph 3 below.

Introduction

1.1 This website, www.disabilityholidaysguide.com (“the Website”) is owned and operated by Disability Holidays Guide Ltd (“us,” “we”), a private limited company registered in England and Wales (number 06905502) whose registered office is at Unit 8, Victoria Way, Newmarket, Suffolk, CB8 7SH.

1.2 From time to time, we may modify these Terms. Accordingly, please continue to review these Terms whenever accessing or using the Website. If at any time you do not agree or consent to the Terms, you may not use the Website. Please print off and retain the Terms for your records.

Use of the Website

2.1 We reserve the right at any time to remove, screen or edit any materials or content on the Website at our sole discretion without prior notice and without there being any liability on our part. You further accept that such changes may result in your being unable to access the Website or part of it. We may have to suspend the Website from time to time to carry out maintenance and to make upgrades.

2.2 You agree not to do or cause to be done anything which might interfere with the proper working of the Website.

2.3 You undertake not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the Website (save for these Terms) without our prior written permission.

2.4 You agree to use the Website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party.

2.5 If we invite you to submit any contribution to the Website (including without limitation any text, graphics, video or audio) you acknowledge that, save as otherwise agreed, by making such a submission, you grant us a perpetual, royalty-free, non-exclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content. If you do not wish to grant us such rights you must not submit your contribution to us. By submitting your contribution to this Website, you warrant that such contribution is:

2.5.1 your own original work and that you have the right to make it available to us for all the purposes specified above;

2.5.2 not defamatory; and

2.5.3 does not infringe any law.

2.6 The materials used and displayd on the Website including without limitation any text, graphics, logos, trademarkts and service marks are protected by copyrights, trademark and other laws. Visitors to the Website are prohibited to modify, reproduce, retransmit, distribute, disseminate, sell, publish or circulate any such material without prior written consent of Disability Holidays Guide Ltd.
Use of the Website Cont

2.6.1 You agree to indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the warranties in clause 2.5. You agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the other purposes specified above.

2.7 Advertisers only: Access to parts of the Website are granted at the discretion of Disability Holidays Guide Ltd. Should we provide you with a confidential username and password to enable you to access parts of the Website, you must maintain the confidentiality of your username and password and must reveal them to no one. You must immediately notify us if you know or suspect that your username and/or password have been disclosed to any other person.

2.8 Advertisers only: ALL advertisers (subject to owning a website) agree to web-link to the Website directly from your website. You are permitted to web-link to our main page at www.disabilityholidaysguide.com, the URL where your
advert appears or an ‘article’ page relevant to your business.

Disclaimers

3.1 Unless otherwise specified, the materials on this Website are directed solely at those who access this Website from the United Kingdom mainland. We make no representation that anything referred to in the materials on this Website
is appropriate for use, or available, in other locations. Those who choose to access this site from locations other than the United Kingdom mainland are responsible for compliance with local laws if and to the extent local laws are applicable.

3.2 Although we make every effort to ensure the details on this Website are correct, please note we give no guarantee as to, and have no liability in relation to, the currency, usefulness or accuracy of any of the content of this
Website. There may be occasions when some of the information featured on the Website may contain incomplete or misleading data, typographical errors, or other inaccuracies. Any errors are wholly unintentional and we apologise for any inconvenience which this might cause. You acknowledge that you are responsible for inputting the correct information requested of you.

3.3 Given the unpredictabilities of technology, we do not warrant (either expressly or impliedly) that the Website will meet your data processing requirements, that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful elements. As a condition of becoming a user of the Website, you agree that your access is undertaken at your own risk and in accordance with the terms of use of the Website applicable from time to time. We shall not be liable for damages of any kind and howsoever arising, (including but not limited to damage caused by viruses, worms or trojan horses) related to your use of, or inability to access or properly use, any part of the Website.

3.4 We shall not be liable to you or to any person for any loss or damage (whether or not we ought reasonably to have known of or had been advised of the possibility of the same), whatsoever or howsoever caused (including
negligence) except as provided in clause 3.6 below, arising directly or indirectly in connection with these Terms, the use of the Website or any of the materials contained in it, or as a result of withdrawing and/or screening editing or removing any materials or content on the Website or otherwise, except that which is unlawful to exclude.

3.5 Notwithstanding the generality of clause 3.4 above, we expressly exclude liability for direct, indirect or consequential loss or damage including but not limited to loss or damage in respect of the Website, its use, the lack of
availability of the Website or any part of it or its content, loss of or damage to data or in respect of other equipment or property whether or not the same may be in our care, custody or control, for loss of profit, business, revenue, goodwill or anticipated savings, or otherwise.

3.6 We do not exclude liability for death or personal injury arising as a result of the negligence of us, our employees, agents or authorised representatives.

3.7 You shall indemnify us in respect of all costs (including legal costs on a full indemnity basis), losses expenses and claims in respect of or in connection with:

3.7.1 any improper use by you of the Website;

3.7.2 any breach by you of any of these Terms or any relevant legislation or regulations; and

3.7.3 any claim brought against us as a result of or in connection with your actions or omissions.

3.8 The colours we use, as well as the display and colour capabilities of your particular computer monitor, will greatly affect what you actually see on the screen. We cannot be held responsible for the limitations of technology and cannot guarantee that your monitor’s display of any colour, texture, or detail of graphics or visual elements of the Website will be accurate.

Intellectual Property

4.1 All brand names, product and service names and copyright used in this Website (“the Marks”) are Marks of their respective holders. All goodwill associated with the Marks or with our trade names or marks shall inure solely to
the benefit of their respective holders or with us, and you shall not assert any claim or ownership to the Marks or to the goodwill or reputation thereof.

4.2 No permission is given by us for the use of the Marks or our trade names or marks by any person other than such holders and such use may constitute an infringement of the holder’s rights.

4.3 All designs and content featured on this Website, including navigational buttons and images, artwork, graphics, photography, text and the like are the copyright of us or our licensors and any use of materials on this Website without our prior written consent is strictly prohibited.

Privacy Policy

Disability Holidays Guide Ltd takes your privacy very seriously. Your legal rights are protected and we promise to do all we can to protect your privacy.

5.1 We do not capture or store any personal information about you when you access this Website, except where you choose to give us your personal details via email or when making an enquiry. In these latter cases, the personal
information you give is used by Disability Holidays Guide Ltd for providing you with current information about products and services described in this Website.

5.2 Any personal information supplied to Disability Holidays Guide Ltd via this website or over the telephone is stored in-keeping with the Data Protection Act 1998 (including any further amendments) and the Privacy and Electronic
Communications Regulations 2003

5.3 To provide maximum security to our customers Disability Holidays Guide Ltd processes credit card payments through PayPal, a secure and reliable payment platform. We do not store or save any financial details (e.g account details, credit card details) of our customers.

Hyperlinks

6.1 Certain hypertext links in this Website will lead to websites which are not under our control. When you activate any of these, you will leave our Website. We have no control over the material on any of these linked websites.

6.2 The inclusion of hyperlinks cannot be taken to imply any endorsement or validation by us of the content of the linked website referred to. Hyperlinks can become out-of-date and cease to work or they can direct users to a website
page whose contents or use have been changed by its owner. We accept no responsibility or liabilities for any losses or penalties that may be incurred or for the accuracy of hyperlinks to third party websites, or the content of such third party websites.

Our Services

7.1 This Website is a guide to Disability Holidays. We do not buy or sell goods. Any goods or services advertised for sale on the Website are offered for sale by the third party whose name and address appears alongside the item on the
Website (“the Seller”) and are subject to availability.

7.2 If you order a Seller’s goods or services through this Website, you do so on the terms and conditions of that Seller. Please ensure you read such terms and conditions.

7.3 We are not involved in the actual transaction between you and the Seller and the enforcement of any contractual obligations arising out of the completion of a transaction is the responsibility of you and the Seller (as applicable). We are not obliged to mediate between parties or enforce or execute fulfilment of any contract.

7.4 You acknowledge that your failure to fulfil your obligations under the Seller’s terms and conditions may be legally actionable by the Seller.

Charges and Payment (Advertisers Only)

8.1 We shall issue an invoice in respect of our charges by email or post. Invoices MUST be settled within seven days of invoice date. We do not offer any credit facilities or terms longer than 7 days. We reserve the right to take action to recover monies owed after this time, without reference to yourselves. As per Distance Selling Regulations you may be entitled to cancel your registration within 7 days of agreeing to our Services if the Services have not been provided. Should your advert display be completed then no refund is due, and for clarity, if you decide to cancel after 7 days, we shall be
entitled to retain/ recover the full invoice amount.

8.2 All charges are exclusive of VAT. Rates of tax and duties on the Services will be those applying at the time of payment.

8.3 All our quotations lapse after 30 days (unless otherwise stated) if we do not withdraw them earlier.

8.4 If you fail to pay any amount payable by you under these terms, we reserve the right to take action through the Courts to retrieve the amount due plus costs. These will comprise of a £25 non payers admin charge levied by ourselves, plus we are entitled but not obliged to charge you interest on the overdue amount, payable by you forthwith on demand, from the due date up to the date of actual payment, after as well as before judgment, currently at the rate of 8% pa in line with HMCS. Such interest shall accrue on a daily basis and be compounded quarterly. Our right to claim interest is under the Late Payment of Commercial Debts (Interest) Act 1998.

8.5 You do not have the right to withhold any retention money or to set off any money you may claim from us against anything you may owe us.

8.6 We accept all major debit/ credit cards, cheques and direct bank deposits. Your advert display will be published live within 24 hours of receiving full and final payment into our bank account as ‘cleared funds’. In certain situations, we
may commence your advertising before funds have been cleared. In this circumstance, you agree, by requestiong advanced advertising, you will strickly abide by our Terms and Conditions set out within.

8.7 By making a payment you are deemed to have accepted our terms and conditions of use as set out in the Terms, including the disclaimers which are set out in paragraph 3 above. As the payment has been made, and the service commenced, no signature will be necessary.

8.8 When an agreement has been entered into, whether verbally or by other means, this consitutes entering into a contract. Once an Invoice has been raised for the proposed service, this becomes payable under point 8.1 of our terms
and conditions, and cancellation is not allowed under the terms of the OFT Distance Selling Regulations (exceptions). There is no opportunity to cancel the service once it has commenced and the full amount will remain payable.

Force majeure

9.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may then cancel or suspend any of our obligations to you, without liability.
9.2 Examples of those circumstances include act of God, accident, explosion, fire, transport delays, strikes and other industrial disputes.

General

10.1 No waiver by us of any breach of the Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

10.2 English law is applicable to any contract made under the Terms. The English courts have exclusive jurisdiction.

10.3 If you are more than one person, each of you has joint and several obligations under the Terms.

10.4 If any of the Terms are unenforceable as drafted

10.4.1 it will not affect the enforceability of any other of these terms; and

10.4.2 if it would be enforceable if amended, it will be treated as so amended.

10.5 Any notice which is to be served under the Terms may be served:

10.5.1 by you by leaving it at or by delivering it (by first class post) to our registered office; and

10.5.2 by us by leaving it at or by delivering it (by first class post) to the last address you have given us.

* All such notices must be signed.

10.6 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person who is not as party to these Terms.

10.7 Nothing in these Terms shall create, or be deemed to create, a partnership, a joint venture, a relationship of principal and agent or a relationship of employer and employee between the parties.

10.8 Any queries or comments about the Website, complaints, or objection to us making use of your personal data in the ways detailed above, should be directed to “The Directors” at admin@disabilityholidaysguide.com