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Terms and Conditions | Brilhoo Vacations

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Terms and Conditions

Last updated: 15th Janauary 2018
 

By using or accessing Brilhoo Vacations.com, Brilhoo Group.com, a subdomain of any such websites, any mobile application for such websites or any other website operated by us on which these Terms and Conditions are posted via a link or otherwise (each referred to herein as a “Site”), you acknowledge and agree that you are subject to the following Terms and Conditions, as well as our Privacy Policy, which also governs your use of the Site, and is incorporated by reference (These Terms and Conditions with the Privacy Policy shall be referred to as the “Terms”).  Please read these Terms carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than court.

This web site is for your personal and non-commercial use.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this web site.

By agreeing to these terms you are expressing your consent for Brilhoo Vacations to communicate with you via your email address and telephone for the purposes of conducting inquiries, rental transactions, property listing management and for relaying company marketing messages and offers from time to time.  You can unsubscribe from these offerings at any time.

Liability Disclaimer
The information, software, products, and services published by Brilhoo Vacations and its Owners on this web site may include inaccuracies or typographical errors.  Brilhoo Vacations and its Owners do not warrant the accuracy, completeness, currency or reliability of any of the content (rates and availability included) or unit data found on this site.  This content and data is subject to change without notice.  Improvements and changes are constantly added to the information herein.

Brilhoo Vacations makes no representations about the suitability of the information, software, products, and services contained on this web site for any purpose.  All such information, software, products, and services are provided ‘as is’ without warranty of any kind.  Brilhoo Vacations hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchant-ability, fitness for a particular purpose, title, and non-infringement. In no event shall Brilhoo Vacations be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of this web site or with the delay or inability to use this web site, or for any information, software, products, and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability, or otherwise, even if Brilhoo Vacations has been advised of the possibility of damages. 

No Unlawful or Prohibited use
As a condition of your use of this web site, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Hosts must understand how the laws work in their respective cities.  Some countries have laws that restrict their ability to host paying guests for short periods.  These laws are often part of a countries administrative codes of practice.  In many countries, hosts must register, get a permit, or obtain a license before listing a property or accepting guests.  Certain types of short-term bookings may be prohibited altogether.  Local governments vary greatly in how they enforce these laws.  Penalties may include fines or other enforcement.  These local laws should be reviewed and adhered to by hosts before listing any property on Brilhoo Vacations.com.

Links to third party sites
This web site may contain hyperlinks to web sites operated by parties other than Brilhoo Vacations. Such hyperlinks are provided for your reference only.  Brilhoo Vacations does not control such web sites and is not responsible for their contents.  Brilhoo Vacations inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.

Modification of these Terms & Conditions
Brilhoo Vacations, reserves the right to change the terms, conditions, and notices under which this web site is offered.

General
This agreement is governed by UK law. Use of this web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Brilhoo Vacations as a result of this agreement or use of this web site. Brilhoo Vacations performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Brilhoo Vacations right to comply with law enforcement requests or requirements relating to your use of this web site or information provided to or gathered by Brilhoo Vacations with respect to such use.

This agreement constitutes the entire agreement between the customer and Brilhoo Vacations with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Brilhoo Vacations with respect to this web site.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Any rights not expressly granted herein are reserved.

Submissions
Brilhoo Vacations takes no responsibility and assumes no liability for any property submissions posted or submitted by you (the Owner).  We reserve the sole discretion to determine whether to publish or use your submissions. You (the Owner) are fully responsible for the content of your Submissions and will be solely liable for any damages resulting from any violation of any law or the rights of Brilhoo Vacations or any other person, or any other harm resulting from your Submissions.

Use of ‘Book Now’ service
The ‘Book Now’ service on this web site is provided solely to assist customers in determining the potential availability of vacation homes and to potentially make legitimate reservations or otherwise transact business with the owners or managers of vacation homes, and for no other purposes.

This website is merely a platform that enables Hosts to create listings of their properties available for rental transactions and for Users to search and find out about such listed properties and for Guests and Hosts to connect and conclude rental transactions, and consequently Brilhoo Vacations is not itself a party to any rental transaction and disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law.

Brilhoo Vacations role is solely to facilitate the availability of the Site and Service for Users and to provide certain services related thereto.  We do not purchase, buy-in, sell, own, provide, furnish, rent, sublet, control or manage any accommodation listed on our Site by Hosts nor can We contract in our own name for the supply of any holiday rental property listed on the Site nor other properties including, but not limited to, hotel rooms, nor any related transportation or travel services.  We are not in any way supplying or able to supply such accommodation or services to Guests. Our Site acts as a search platform to allow registered Hosts to themselves offer for rent a specific holiday rental space to Guests.
Hosts may be either owners of any such holiday rental properties listed on the Site or are persons, for example professional property managers, who are duly authorised to arrange or enter into rental transactions of such properties direct with Guests.  We are therefore, not a party to the actual rental transaction concluded between Hosts and Guests and are not a contracting agent or representative of any Host. Our responsibility in the provision of the Site and/or Service when such transaction is concluded shall be to forward contact details to both Hosts and Guests.  Accordingly, the legal contract for the supply of accommodation and rental transactions is between Hosts and Guests, being a licence to occupy the Host’s accommodation during the agreed period as detailed in the Notice of Match confirmation but should not be or intended to be a tenancy or lease or grant of exclusive possession of such accommodation. Rental transactions in respect thereof are only binding among Hosts and Guests, who are both solely and entirely responsible for their performance and Brilhoo Vacations disclaims all liability arising from or in connection with such transactions.

Brilhoo Vacations assumes no liability in respect of the condition of any listed property on our Site.  As noted in the Terms of Use, Brilhoo Vacations does not make any recommendations or endorsements of listed properties or Users of the Site.  We cannot and have no control over the conduct of Hosts, Guests and other Users of the Site and Service or the content contained in any listings on our Site or the condition or suitability of any listings and listed properties.  Brilhoo Vacations cannot accept any liability arising from the listing and provision by Hosts of any accommodation or holiday rental space offered by Hosts and/or listed on our Site and/or for errors or omissions in the Host’s descriptions and any bookings will be made at a Guest’s own risk.

You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this web site in accordance with all terms and conditions herein.  You agree to be financially responsible for all your use of this web site (as well as for use of your account by others, including, without limitation, minors living with you).  You also warrant that all information supplied by you or members of your household in using this web site is true and accurate.

Separate terms and conditions will apply to your reservation of vacation homes.  You agree to abide by the terms or conditions of purchase imposed by owners with whom you elect to rent from, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of fares, products, or services.  You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this web site.

Use by property Owners and Managers
Although Brilhoo Vacations provides you a guest, Brilhoo Vacations is not responsible for completing the booking or providing further services such as keys, housekeeping and directions.  Property Owners/Managers are responsible for calling and/or emailing each guest within 24hrs of notification of an inquiry or booking. Data errors, while not expected, can occur at any time. Property managers are responsible for proofing and verifying the accuracy of all the details provided for any guest referral or booking.  Also, because everyone’s expectations are different, the property manager is responsible for ensuring their properties meet All Expectations including standards, size, availability, supplies, etc.  Brilhoo Vacations has a zero tolerance for any “Bait and Switch” attempts made on any guests referred by Brilhoo Vacations.com.  Properties booked must be accepted as booked or all agreements will be cancelled, and properties removed from Brilhoo Vacations.com.

In order to list a property on the Brilhoo Vacations.com, members must comply with Brilhoo Vacations Listing Standards.  These Standards outline certain requirements including but not limited to: –

• Members must maintain an accurate reservation calendar on their listing(s);
• Members must exercise reasonable efforts to respond to all booking requests from travellers within 24 hours of receipt of a request for booking;
• Members must further agree to take commercially reasonable efforts to cause all traveller payments to be processed within 24 hours of authorisation by the traveller for such payment;
• Members must respond to and accept a material number of inquiries and booking requests received in the interest of the traveller experience; and
• Members are prohibited from cancelling a material number of accepted bookings.

Notice of Limitation of Liability
Brilhoo Vacations assumes no liability for any loss or damage howsoever arising in connection with this “referral or booking”.  Brilhoo Vacations does not verify the details of any guest and their contact information for suitability or for safety of the occupancy or for any other purpose.  By accepting guest referrals or bookings all parties expressly hereby limit the liability of damages of Brilhoo Vacations to the cost of the “commission”.

IN NO EVENT WILL BRILHOO VACATIONS BE RESPONSIBLE FOR ANY DAMAGES RELATING TO A RENTAL TRANSACTION HEREUNDER SUCH AS, WITHOUT LIMITATION, PROPERTY DAMAGE, BODILY INJURY OR DEATH. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN ANY ACTION ARISING FROM OR RELATED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INTENTIONAL CONDUCT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO THE LOSS OF RENTALS OR PROFITS, INCOME OR GOODWILL, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  PROPERTY MANAGER PARTNERS ACKNOWLEDGE THAT BRILHOO VACATIONS IS NOT A PARTY TO ANY RENTAL AGREEMENT BETWEEN A RENTAL MANAGER OR OWNER AND RENTER.

If despite the limitations as outlined above, Brilhoo Vacations, its affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, the Brilhoo Vacations, its affiliates or their respective supplier’s liabilities will in no event exceed the greater of the total related rental revenue paid by the Renter at the time of the occurrence or US $100.00.

 

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