3rdAgeHolidays.com Terms & Conditions

(last updated: 25/09/2018)

Acceptance of these Terms & Conditions

Please Note: WHETHER YOU ARE A MEMBER OF 3rdAgeHolidays.com OR NOT, USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
General
A. Ownership.  3rdAgeHolidays.com is a web site owned and operated by Culture Breaks LLP registered at Companies House UK, number OC333901. References to 'this web site' in these Terms & Conditions shall mean: https://3rdAgeHolidays.com
B. Variation to these Terms & Conditions..  From time to time it may be necessary to revise these Terms & Conditions so we advise all users of this web site to regularly visit this page to view our current terms. When a revision is made we will show the current revision date in the footer of all pages of this web site.
C. Breaches to these Terms & Conditions..  Should any user, whether they are a member of this web site or not, breach these terms and conditions then we reserve the right to suspend access to this website by blocking their IP address and, in the case of a member, cancelling their login details without any recourse, or refund of any paid membership fee at our sole discretion.
Use of this website
1. Purpose.  The use of this website is restricted to those users who are aged 50 plus years and who want to list their property, or contact other users, for the purpose of holiday home exchange, hospitality exchange or the holiday rental of a property that they own.
a. To list a property on the 3rdAgeHolidays.com web site the user must first become a 'member' by submitting their details to us (by Registering) and paying the appropriate membership fee as published on the web site (unless waived by us under a promotion).
b. No Member Registration shall be valid unless the user has agreed these Terms & Conditions by ticking the relevant box on the Registration Form (this process being recorded in our database along with the user's IP Address).
c. In the case of Home, or Hospitality Exchanges only a member may contact other members through the enquiry form presented on certain pages of this site. Enquiries for Rentals are not subject to membership so a user who is not a member can send an enquiry to a listing on this site. Please note, we do not publish the contact details of any member on this web site.
d. To exchange a home you must be the legal owner of the exchange property.
e. This web site may not be used for any unlawful purpose including the transmission of, or linking to, any source which causes the download of any code which results in a virus being propagated to any users of this web site.
f. We cannot guarantee that use of this web site will result in an Exchange or Rental of any kind.
g. Members of this web site will gain access to additional functionality that is restricted through a login facility which requires a username and password. These login details must be kept confidential.
Rental Listings (Including B&B listings)
2. No user may place a rental listing on this site for property they do not own.  If offered for rental the property must not be the owner's main residence (unless the property listing is for a B&B).
a. All rental transactions occur directly between the renter and the property owner and Culture Breaks LLP receives no booking fee or commission. This web site does not take any payments for rentals. For the avoidance of any doubt, when a renter pays for a booking the renter will directly pay the property owner who listed on this web site, NOT 3rdAgeHolidays.com. All details relating to rental payments must be obtained directly from the listing member.
b. Any member of this website who has a property listed on this site is totally responsible for the compliance to all local laws regarding the listing on this web site and the member agrees to hold 3rdAgeHolidays.com harmless against any claim brought against this web site for non-compliance to these laws.
Website design & content
3. All content on this web site (content material) including the design, images and text (with the "Member's Exception" of content supplied by members or ourselves, directly or indirectly, to illustrate a member's listing herein), are copyright 3rdAgeHolidays.com trading as Culture Breaks LLP.
a. With the Member's use exception above, no content material on any page of this website may be copied, reproduced or republished in any online, or printed form without the express permission of Culture Breaks LLP.
b. Some images on this site have been licensed for use by Culture Breaks LLP from a third party and copyright and ownership of these images is retained by the Licensor BUT they remain protected by these Terms & Conditions.
User generated content
4. We invite all members to submit details of their property and write descriptions of such property for the purposes outlined in section (1) above, however, such details may not include:
a. Content that infringes a third party copyright or that gives rise to legal action whether against you, or us,
b. Any code that is used for data mining or the harvesting of user information,
c. Sexual images of any kind,
d. Any unlawful material whatsoever.
Please note: As a member of this web site and the originator of material that describes a property listing, YOU are responsible for the accuracy and lawful provision of such material and furthermore, WE RETAIN THE RIGHT TO REMOVE OR EDIT SUCH MATERIAL IF WE DEEM IT INAPPROPRIATE OR INCOMPATIBLE WITH THIS SITE's STATED PURPOSE and should we need to take such action you forfeit the right to any claim for refund in part, or in whole of the fee you paid for membership.
Our use of user generated content
5. When you list a property on this site and upload descriptive material you grant Culture Breaks LLP the right to publish this information on the world-wide web (Internet) in any language and to use on a royalty-free basis all, or part of the material, for the purpose of promoting the use of this web site.
Users Of This Web Site
6. Users of this web site accept that 3rdAgeHolidays.com does not verify the accuracy of property descriptions and details listed on this site.  It is the responsibility of members who have listings on this web site to maintain the accuracy of those listings at all times.  However, should any user become aware of inaccurate listing details please contact admin@3rdAgeHolidays.com and we will investigate the concern.
Use of personal data
7. The use of personal data on this web site is set out in our Data & Privacy Policy which may be viewed here.
a. GDPR Legal Basis. In becoming a member of this website you have entered into a contract with us and as such you agree to allow us to use information you have provided to us to contact you about all matters relating to your use of this website. See our Data & Privacy policy for further information.
Website availability and 'up time' (up time being normal availability)
8. As the operator of this web site, Culture Breaks LLP will make best effort arrangements to ensure that this web site is always available for viewing on the Internet through the use of modern web browsers. However, please note:
a. Should a fault occur on our web server, or any Internet element required to transmit data from our web server to the user, we shall not be held liable for any loss of such service,
b. Should a service outage occur, we will do our utmost to restore normal service within the shortest possible timeframe,
c. Should such a loss of service result in data loss or content you have uploaded relating to a property listing, we will use best efforts to restore such data but we do not guarantee such restoration,
d. We shall not be held liable for any loss of rental income for any property listed on this site as a result of service outage.
Culture Breaks LLP Commercial limitation
9. This website is simply a vehicle that may be used to list properties on the world wide web for the purpose of holiday home exchange, hospitality exchange or the rental of property for holiday lets. WE DO NOT TAKE ANY PAYMENT FOR RENTALS OR COMMISSIONS OF ANY SORT. ANY ARRANGEMENTS FOR HOME EXCHANGE OR RENTAL (including B&B) OF A PROPERTY ARE MADE ENTIRELY BETWEEN THE USERS OF THIS WEB SITE AND AS SUCH CULTURE BREAKS LLP PLAYS NO COMMERCIAL PART IN SUCH ARRANGEMENTS AND WILL ACCEPT NO LIABILITY WHATSOEVER FOR CLAIMS ARISING FROM USERS AND MEMBER'S MUTUAL ARRANGEMENTS.
Indemnity
10. Should any claim be lodged against Culture Breaks LLP as a direct result of a member's use of this web site, the member who caused such claim to be made shall keep Culture Breaks LLP fully indemnified against all and any such claims including without limitation all legal costs incurred in defending against such claim.
Assignment
11. We retain the right to transfer or sub-contract our rights under these terms to a third party in the event of the sale or liquidation of Culture Breaks LLP.
Severability
12. If any provision of these terms and conditions are deemed by any court, or other competent authority to be unlawful and/or unenforceable, all other provisions shall remain in effect.
Applicable Law
13. All members of this web site agree that these Terms & Conditions shall be interpreted in accordance with English law and jurisdiction covering any disputes shall be that of the courts of England and Wales.