Terms & Conditions

Welcome and thank you for your interest in GibraltarHolidays.com. By clicking a registration or new account submission button, or by otherwise using GibraltarHolidays.com’s websites, networks, mobile applications, or other services provided by GibraltarHolidays.com (collectively, the “Services”), or accessing any content provided by GibraltarHolidays.com through the Services, you agree to be bound by the following terms of use, as updated from time to time (“Terms of Use”).

  1. GibraltarHolidays.com’s Role. GIBRALTARHOLIDAYS.COM DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. GIBRALTARHOLIDAYS.COM IS NOT A LENDER OR REAL ESTATE AGENT REPRESENTING YOU OR ANOTHER USER. GibraltarHolidays.com’s business is primarily funded through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, GibraltarHolidays.com may serve advertisements based on the information we collect through the Services. See the Privacy Policy for more details.

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.

  1. Eligibility; Accounts and Registration. You must be at least 18 years of age to use the Service. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with GibraltarHolidays.com permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person.
  2. Use of the Services; Restrictions.
  3. Use of the Services. As long as you comply with these Terms of Use, GibraltarHolidays.com grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, and to download and use any App on your mobile device in object code form, for your personal use. If you are a real estate or mortgage professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients. If you use the Services as a professional, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. The Services may include software for use in connection with the Services. The Services may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties and vacation rentals.
  4. Mobile Applications. To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. GibraltarHolidays.com does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. GibraltarHolidays.com may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open source license.
  5. Use of Content. Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services only as necessary for your personal or professional use to view, save, print, fax and/or e-mail such information. Notwithstanding the foregoing, the aggregate level data provided on the site (the “Aggregate Data”) may be used for non-personal uses, e.g., real estate market analysis. You may display and distribute derivative works of the Aggregate Data (e.g., within a graph), so long as GibraltarHolidays.com is cited as a source on every page where the Aggregate Data is displayed, including “Data Provided by GibraltarHolidays.com” or similar language. Such cite may not include a GibraltarHolidays.com logo without GibraltarHolidays.com’s prior written approval or imply any relationship between you and GibraltarHolidays.com beyond GibraltarHolidays.com being a source of the Aggregate Data.
  6. 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;
  • reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Use;
  • 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.

 

  1. 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.

You may be required to pay fees to access certain features of the Services. All fees are in GBP and are non-refundable. If GibraltarHolidays.com changes the fees for all or part of the Services, including by adding fees or charges, GibraltarHolidays.com will provide you advance notice of those changes. If you do not accept the changes, GibraltarHolidays.com may discontinue providing the applicable part of the Services to you. GibraltarHolidays.com’s authorized third-party payment processor will charge the payment method you specified at the time of purchase. You authorize GibraltarHolidays.com to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, GibraltarHolidays.com may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

Each member can specify their own terms and conditions with regards to refunds and cancellations, please read them carefully before booking.

  1. User Materials.
  2. A. UGC (User Generated Content) Definition; License Grant. Certain portions of the Services may allow users to upload or otherwise provide to GibraltarHolidays.com images, photos, video, data, text, listings, and other content (“User Materials”). By uploading or otherwise providing User Materials to the Services, you grant GibraltarHolidays.com an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services, or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. GibraltarHolidays.com will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. GibraltarHolidays.com may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize GibraltarHolidays.com and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use.
  3. UGC Disclaimer. GibraltarHolidays.com is under no obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way responsible or liable for any User Materials. GibraltarHolidays.com may, however, at any time and without prior notice, screen, remove, edit, or block any User Materials on the Services, including User Materials, that in GibraltarHolidays.com’s sole judgment violate these Terms of Use. You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against GibraltarHolidays.com with respect to User Materials. GibraltarHolidays.com expressly disclaims any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, GibraltarHolidays.com may investigate the allegation and determine in GibraltarHolidays.com’s sole discretion whether to remove the User Materials, which GibraltarHolidays.com reserves the right to do at any time and without notice. For more information on GibraltarHolidays.com’s handling of infringing content, please see Section 10 below.
  4. Third Party/Linked Services/Sent information. The Services include links to third-party products, services and Web sites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under GibraltarHolidays.com’s control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. GibraltarHolidays.com does not endorse, and takes no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that GibraltarHolidays.com may transfer the applicable User Information or other information to the applicable third-parties, which are not under the control of GibraltarHolidays.com. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. GibraltarHolidays.com is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
  5. Intellectual Property. The Services are owned and operated by GibraltarHolidays.com. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (“GibraltarHolidays.com Materials”) provided by GibraltarHolidays.com are protected by intellectual property and other laws and are the property of GibraltarHolidays.com or GibraltarHolidays.com’s third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the GibraltarHolidays.com Materials, and GibraltarHolidays.com reserves all rights to the GibraltarHolidays.com Materials and Services not granted expressly in these Terms of Use.
  6. 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.
  7. 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:
  8. Identification of the copyrighted work that you claim has been infringed;
  9. 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;
  10. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
  11. 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:

By email:

info@GibraltarHolidays.com

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.

  1. Termination/Changes to Agreement. Except as stated in separate product-specific agreements, you may terminate your account at any time by contacting info@GibraltarHolidays.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission from GibraltarHolidays.com to use the Services will terminate automatically. In addition, GibraltarHolidays.com may in its sole discretion terminate your account on the Services or suspend or terminate your access to the Services at any time for any reason, with or without notice. GibraltarHolidays.com may alter, suspend or discontinue the Services or any portion of the Services without notice. GibraltarHolidays.com will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. GibraltarHolidays.com reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after updates are effective will represent your agreement to the revised version of these Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.
  2. Privacy Policy. GibraltarHolidays.com will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Please consult the Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.
  3. Indemnification. You agree to indemnify, defend, and hold harmless GibraltarHolidays.com, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to and/or use of the Services using your account and password. GibraltarHolidays.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with GibraltarHolidays.com’s defense of that claim.
  4. No Warranties. GibraltarHolidays.com provides the services “As is,” “With all faults” and “As available,” and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, GibraltarHolidays.com and its suppliers make no representations, warranties or conditions, express or implied. GibraltarHolidays.com and its suppliers expressly disclaim any and all warranties or conditions, express, statutory and implied, including without limitation: (a) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement; (b) warranties or conditions arising through course of dealing or usage of trade; and (c) warranties or conditions of uninterrupted or error-free access or use. No advice or information, whether oral or written, obtained by you through the services or any materials available through the services will create any warranty regarding any GibraltarHolidays.com entity or the services that is not expressively stated in these terms of use. You assume all risk for any damage that may result from your use of or access to the services, your dealing with any other user, and any materials, including all user and GibraltarHolidays.com materials, available through the services. You understand and agree that your use of the services, and use, access, download, or otherwise obtainment of materials through the services and any associated sites or services, are at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the services), or the loss of data that results from the use of the services or the download or use of those materials. Some jurisdictions may prohibit a disclaimer or warranties and you may have other rights that vary from jurisdiction to jurisdiction.
  5. Limitation of Liability/Exclusive Remedy. In no event will GibraltarHolidays.com or any of its affiliates be liable for any indirect, consequential, special, incidental, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of, based on, or resulting from these terms of use or your use or access, or inability to use or access, the services or any materials on the services.
  6. Consent to Communications. By using the Services, you consent to receiving certain electronic communications from GibraltarHolidays.com as further described in the Privacy Policy. Please read the Privacy Policy to learn more. You agree that any notices, agreements, disclosures, or other communications that GibraltarHolidays.com sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

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.

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