Terms and Conditions of Use

TERMS AND CONDITIONS FOR

ACCESS TO AND USE OF THE WEBSITE AND SERVICES AT

MALLACHIE.CO.UK

Access to and use of the Services (as defined below) is subject to the following terms and conditions (“Terms of Service”).

By using Guest Booking or Property Owner services on Mallachie.co.uk, the Customer (either Guest or Property Owner) is fully accepting these Terms of Service, including the Privacy Policy available at:

https://www.mallachie.co.uk/privacy/

If the Customer, either Guest or Property Owner does not accept these Terms of Service for using www.mallachie.co.uk , including the Privacy Policy, the Customer must immediately stop using the Services. If the Customer nonetheless uses the Services, they will be deemed to have agreed to be bound by these Terms of Service, including the Privacy Policy.

If you have any questions or comments regarding these Terms of Service, please contact us by emailing admin@vacationrentalsupport.co.uk.

1. DEFINITIONS

a) The term “Vacation Rental Support LLP”, “we”, “us” or “our” refers to Vacation Rental Support LLP, a company incorporated in Scotland with company number SO306370, whose registered office is at Summit House, 4-5 Mitchell Street, Edinburgh, Scotland, United Kingdom, EH6 7BD, United Kingdom. See company website: www.vacationrentalsupport.co.uk for more details.

b) The term “Mallachie.co.uk” means this website www.mallachie.co.uk.

c) The term “Services” refers to all services provided by Vacation Rental Support LLP from time to time including, but not limited to, designing and operating and the website Mallachie.co.uk, receiving booking information via our booking and payment system, managing reservations and payments and responding to Customer clients (both Guests and Property Owners) via Mallachie.co.uk.

d) The term “Customer” refers to either: a) the person who uses the website to enquire about or book a vacation rental accommodation hire; or b) the Property Owner who uses the services of the website to have details of their vacation rental property hosted and advertised and receive bookings and communications from Guests via Vacation Rental Support LLP services.

e) The term “Customer Account” refers any account which a Customer creates, or has created on their behalf by Vacation Rental Support LLP, on Mallachie.co.uk in order to access and use the Services (This facility is not currently available).

f) The term “Website” refers to the domain of Mallachie.co.uk.

g) The term “Property” refers to any form of accommodation, building, house boat, apartment, room, apartment blocks, houses or any other dwellings or rental space that is displayed by Vacation Rental Support LLP on behalf of a Property Owner such as Mallachie.co.uk or via a third party channel and offered for rent using the Services.

h) The term “Content” means text, graphics, images, music, software, audio, video, information or any other form of data.

i) The term “Customer Content” refers to Content provided by a Customer, not Vacation Rental Support LLP, as part of using the Services including but not limited to information (including photographs or illustrations) about a Property’s amenities, suitability, pricing or availability.

2. CUSTOMER USAGE OF SITE SERVICES

a) To access and use the Services, the Customer, whether Guest or Property Owner, agrees to provide true, accurate, current and complete information at all times.

b) Where the Customer is an organisation, the person accessing services on its behalf warrants that he/she has the authority to bind the organisation to these Terms of Service.

c) The Customer, if an individual, must be at least 18 years of age to be eligible to use the Services.

3. LIMITATION OF BUSINESS ACTIVITY

a) We do not own Properties and we do not act as real estate agents or travel agents for our Customers either Guest or Property Owner. In the case of this site Mallachie.co.uk, we only provide a website that allows for Property Owners to have Vacation Rental Support LLP create, edit and display a primary listing for their Property for the purpose of facilitating the booking and reservation of the Property. Any hire contract that is facilitated by Vacation Rental Support LLP exists only between the Property Owner and hiring Guest; Vacation Rental Support LLP is not a party to any rental contract and is not a principle.

b) The Property Owner acknowledges that Vacation Rental Support LLP has no obligation to store, maintain or provide the Customer with a copy of any Customer Content provided by the Property Owner. It is the Property Owner’s sole responsibility to to ensure that any Content they provide has a backup.

a) The Customer, Guest or Property Owner, agrees to use the Services of this Site only to either have Properties advertised for rent or to enquire about or book a vacation rental hire or services related to such. Any other use of the Services is expressly prohibited.

b) The Customer agrees to comply with all applicable laws and regulations with respect to its activities under these Terms of Service.

g) Vacation Rental Support LLP may modify, replace, refuse access to, suspend or discontinue the Services provided on our sites, partially or entirely, at any time and in our sole discretion.

6. PAYMENTS

The Customer, both Guest and Property Owner, agrees to us, or our third party service providers, storing the payment card information and charging that payment card (i) a fee for any applicable Services billed on a monthly, yearly or biyearly basis, (ii) any other fees for Services the Customer may purchase in addition from us. If the payment card the Customer provides fails to make the payment and the Customer does not provide new payment card information, we may, without liability to the Customer, cancel the Customer purchase / hire transaction and be Vacation Rental Support LLP shall not be under any obligation to provide any further Services nor to complete the failed service.

i) All fees shall be paid in U.S. dollars, British pounds or EU euros.

9. LINKS TO THIRD PARTY WEBSITES AND THIRD PARTY SERVICES

a) Mallachie.co.uk may contain links or other connections to third party websites that are controlled and maintained by others. The Customer accesses such third party websites at its own risk. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third party website, or any transaction completed, and any contract entered into by the Customer, with any such third party. Any contract entered into and any transaction completed via any third party website is between the Customer and the relevant third party, and not us. We recommend that the Customer refers to the third party’s website terms and conditions and privacy policy prior to using the relevant third party website. We do not endorse or approve any third party website nor the content of any of the third party websites made available via the Services.

b) Mallachie.co.uk may also contain the services of third parties including, but not limited to, booking registration services. The Customer’s acceptance of these terms and conditions is required to make all services via Mallachie.co.uk available to the Customer.

10. DISCLAIMER

a) The Customer, especially Property Owners, acknowledge that the Services have not been developed to meet the specific, individual requirements of the Customer.

b) We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

c) The Services and Mallachie.co.uk are provided on an “AS IS”, “AS AVAILABLE” basis.

d) We make no warranty that the functionality of the Services will be uninterrupted or error free, that defects will be corrected or that the Services or the servers that makes it available are free of viruses or anything else which may be harmful or destructive.

e) We make no warranty that the Customer Content will not be lost or corrupted and, with the exception of Customer Content which is Account Data (as defined in clause 12. a) ii.), we shall not be responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of Customer Content. See our Privacy Policy mallachie.co.uk/privacy for more information about our treatment of personal data.

f) Except as expressly stated in these Terms of Service, to the fullest extent permitted by law, all other warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from these Terms of Service.

11. LIMITATION OF LIABILITY

a) Nothing in these Terms of Service excludes our liability to Customers, whether Property Owner or Guest, for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be excluded or limited by law.

b) Subject to clause 11. a), we will not be liable to Customers, whether Property Owner or Guests, whether in tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any:

– loss of profits,
– loss of business,
– depletion of goodwill
– loss or corruption of data or information, or
– any indirect, special, incidental or consequential loss or damage,
– arising out of or in connection with the Customer’s use or engagement of the Services.

c) Subject to clause 11. a), our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of any of the Services shall be limited to the total fees paid for by the Customer during the 12 month period immediately preceding the date on which the claim arose.

12. PERSONAL DATA

a) The Customer acknowledges that:

– Vacation Rental Support LLP shall be the data controller of Guest and Property Owner data on this site, Mallachie.co.uk, and thatCodebay Solutions Limited, the provider of the hosting platform and software of Mallachie.co.uk, shall be a data processor in respect of any personal data processed on Vacation Rental Support LLP’s behalf when Services (“Service Data”) are performed via Mallachie.co.uk.

b) With regards to Service Data:

the Customer, both Guest and Property Owner, acknowledges and agrees that personal data may be transferred or stored outside the EEA or the country where the Customer is located in order to carry out the Services and our other obligations under this agreement;

the Customer, both Guest and Property Owner, shall agree that Vacation Rental Support LLP is entitled to transfer the relevant personal data to third party service providers so that it may lawfully use, process and transfer the data in accordance with these Terms of Service on the Customer’s behalf;

the Customer, both Guest and Property Owner, gives their consent to such use, processing, and transfer as required by all applicable data protection legislation;

we shall process the personal data only in accordance with these Terms of Service, our Privacy Policy (available at mallachie.co.uk/privacy) and any lawful instructions reasonably given by the Customer from time to time.

With regards to Account Data, our Privacy Policy (available at Mallachie.co.uk/privacy) sets out the terms on which we process personal data and which are hereby incorporated into these Terms of Service.

For information regarding Vacation Rental Support LLP handling of personal data outside of Mallachie.co.uk please refer to main website: www.vacationrentalsupport.co.uk

13. INTELLECTUAL PROPERTY RIGHTS AND CUSTOMER CONTENT

c) The Property Owner grants us the following limited licence with respect to the Customer Content: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Customer Content only in connection with the provision of Mallachie.co.uk (including any of the Services) and optimization of the Website.

14. INDEMNITY

The Customer, both Guest and Property Owner, agrees to indemnify and hold Vacation Rental Support LLP and its owners and employees harmless from and against all claims, actions, proceedings, liabilities, damages, losses, expenses and costs (including without limitation court costs and reasonable legal fees) which arise from, relate to, or are connected with the Customer’s use of the Services of this website or any other Services of Vacation Rental Support LLP.

15. FORCE MAJEURE

a) Subject to clause 15. b), Vacation Rental Support LLP shall not be liable to the Customer for any breach or delay of the performance of our obligations under these Terms of Service where such breach or delay is caused by an event outside of our control.

b) We will take reasonable steps to minimize the effect of the delay or breach.

16. CHANGES TO THE TERMS & CONDITIONS

Vacation Rental Support LLP reserves the right to change these Terms of Service at any time without notice. The Customer’s continued use of the Services following any changes shall be deemed to be the Customer’s acceptance of such changes.

17. SEVERANCE

If any of the provisions or part provisions contained in these Terms of Service should be determined to be invalid, illegal or unenforceable by Scots Law (see section 21 “GOVERNING LAW AND JURISDICTION” below) for any reason by any then such provision or part provision shall be severed, and the remaining provisions and part provisions shall survive and remain in full force and effect and continue to be binding and enforceable.

18. NON-WAIVER

Our failure to enforce at any time or for any period any one or more of the provisions of these Terms of Service shall not be a waiver of them or the rights attaching to any of them.

19. ASSIGNMENT

a) The Customer shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any manner with any or all of its rights or obligations under this agreement.

b) We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.

20. THIRD PARTY RIGHTS

These Terms of Service do not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

21. GOVERNING LAW AND JURISDICTION

These Terms of Service and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by Scots law and Customers, both Property Owner and Hirer, accept and submit to the exclusive jurisdiction of the Scottish Courts to rule on the same.

Last Updated:

22/6/2018

13/6/2018

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