Terms & Conditions
GibraltarHolidays.com does not: (a) act as a real estate agent for you or any other user; (b) represent you or another user in the purchase, sale, or exchange of real property, including any negotiation thereof; or (c) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. GibraltarHolidays.com assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services.
The Site is a Venue and We are Not a Party to any Rental Agreement or other Transaction Between Users of the Site.
We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a property or renting a property. We do not own or manage, nor can we contract for, any vacation rental property listed on a Site. The Site provides an on-line marketplace to allow homeowners and property managers who advertise on the Site (each, a “member”) to offer for rent in a variety of pricing formats, a specific vacation or short term rental property to potential renters or renters (each, a “traveler” and, collectively with a member, the “users”). “Members” may also include property owners or managers who originally advertised their properties on another website and their listings have been redistributed on the Site. We also may offer online booking or other tools or services to allow users to communicate with each other and enter into rental agreements or other transactions.
We are not a party to any rental or other agreement between users. This is true even if the Site allows you to book a rental or provides other ancillary products or services, as the Site may facilitate booking a rental or other tools, services or products, but we are not a party to any rental or other agreement between users. As a result, any part of an actual or potential transaction between a traveler and a member, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any traveler or property), the ability of members to rent a vacation property or the ability of travelers to contract for properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a booking or purchasing a product or service and GibraltarHolidays.com or one of its affiliates may place additional restrictions on your booking, product or service.
Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.
Members further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
Members who accept credit card, banking or other payment information from travelers agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.
- Use of the Services; Restrictions.
- Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:
- use information provided by GibraltarHolidays.com through the Services in making any loan-related decisions;
- provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution;
- remove or modify any copyright or other intellectual property notices that appear in the Services;
- use the Services for resale, service bureau, time-sharing or other similar purposes;
- use the Services in any way that is unlawful, or harms GibraltarHolidays.com, its service providers, suppliers, or any other user;
- distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
- impersonate another person or misrepresent your affiliation with another person or entity;
- reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by GibraltarHolidays.com for a particular portion of the Services;
- upload invalid data, viruses, worms, or other software agents to the Services;
- interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures GibraltarHolidays.com may use to prevent or restrict access to the Services;
- conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
- use any of GibraltarHolidays.com’s trademarks without approval, including but not limited to using them as part of your business name, screen name or email address on the Services;
- access or use any of the Services to develop competitive products or services; or
- attempt to, or permit or encourage any third party to, do any of the above.
- Service Fee Payable by Travelers. We charge a service fee payable by travelers who book a property on the Site via the Site checkout. The service fee covers the use of the Site, including such features as user support, and is calculated as a variable percentage of the total reservation amount (which may or may not include additional fees, taxes and damage deposits). The exact service fee charged will be displayed to travelers at the time of booking. The service fee will be charged after both the traveler and member accept the reservation. The service fee will only be refunded in the event a member accepts cancellation of the traveler’s reservation and refunds the entire rental amount. Members agree not to encourage or advise a traveler to avoid or circumvent the service fee charged by GibraltarHolidays.com.
Each member can specify their own terms and conditions with regards to refunds and cancellations, please read them carefully before booking.
- User Materials.
- Feedback. If you choose to provide input and suggestions regarding the Services, including related to any GibraltarHolidays.com Materials (“Feedback”), then you hereby grant GibraltarHolidays.com an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.
- Claims of Copyright Infringement. GibraltarHolidays.com respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify GibraltarHolidays.com, by providing the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with GibraltarHolidays.com or third parties, such as real estate agents and Third-Party Providers. Communications through these methods may be routed through a third-party service.