Terms and Conditions

  1. Introduction
    • These Terms and Conditions of Use (“T&Cs”) apply to any party (“a User” “you” “your”) using www.privateproperties.com (“the/our Site”)
    • Users include all natural and legal persons, including but not limited to property owners or providers (“Property Provider”); and/or a party seeking to rent a property (a “Tenant”).
    • Users must have a registered account with us before using the Site. Each User should read these T&Cs carefully before registration and before using the Site and, by using the Site, you acknowledge your acceptance of the T&Cs and your agreement to be bound by them.
    • PP is a facilitator whose Site is an on-line platform intended to enable Users to make contact and on line bookings and payment with respect to properties available for rent (“Properties”). Except as may act as an agent for a Property Provider, PP is not a party to, and has no involvement in, any agreement, transaction or arrangement (“Booking Contract”) that may be entered into between Users. PP does not offer nor give any representation or warranty with respect to any material or information Users may place on the Site in relation to a Property or otherwise.
    • PP reserves the right to revise these T&Cs at any time by amending this page or pages (“a revision”) or by publishing an appropriate notice elsewhere on the Site. In no circumstances may these T&Cs may be amended or varied orally or other than by us via the Site or by a duly authorised written agreement between PP and a User.
    • The T&Cs take precedence over possible conflicting terms and conditions of the User.
  2. Registration and Use of the Site
    • All Users must register with us and registration is only complete on receipt of a confirmatory email from us.
    • Any legal person (“Person”) may register on the Site provided however that the following minimum requirements are adhered to:
      No Person under the age of 16 may register or be a User;
      • To the extent that a Person is a corporation, partnership or other legal entity, registration must be made on that Person’s behalf by a duly authorised natural person who provides his or her full name, the nature of his/her authority (director etc) and his or her residential address;
      • A Person may have only one registration and any form of multiple registration under different names or identity are strictly forbidden.
      • All data provided by a User must be up to date and accurate.
      • When choosing a User ID or name or password these should not be an email or internet address nor such as to infringe the rights of third parties (such as trademarks) and remain within the bounds of decency.
    • When a Person has submitted all data required on our registration form registration will be complete only when you receive a confirmatory email to the address provided.
    • Registered Users are the only Persons entitled to use the Site and Users may not permit any other Person to use his User ID or password in order to access the Site. No registration may be assigned or transferred (by operation of law or otherwise).
    • A Registration may be cancelled at any time by a User. A User’s registration may also be cancelled by PP at any time in the event that a User is deemed by PP to be in breach of any of his or its obligations or agreements under these T&Cs, a Booking Contract or otherwise.
  3. Material on our Site
    • Any data or material, including photographs, (“Material”) placed on our Site by a User is the sole responsibility of the User who uploads it (“an Advertiser”) and not of PP. We do not inspect, verify or comment upon such Material and the content, accuracy, legality of Material is solely the responsibility of the relevant Advertiser.
    • Advertisers should use their best endeavours to ensure that all Material is accurate, properly representative and not misleading in any way; does not infringe any copyright, trademark, design or similar rights of any third party in any jurisdiction; and is not offensive.
    • To the extent that Material may in our opinion breach any of PP’s content guidelines from time to time, PP reserves the right in its absolute discretion to remove any Material from the Site at any time, without any requirement to provide any reason therefor, and without notice.
  4. Use of Material and our Site
    • Users may download Material only for their own use and for the purpose of deciding whether or not to enter into a Booking Contract and for no other purpose; they may not copy, republish or disclose Material in any medium, on line or otherwise. Any copyright, design rights, database rights in any Material on our Site belongs to us or to our Advertisers or other licensors.
    • The Site may not be used for any purpose other for the consideration and possible conclusion of Booking Contracts and no Person or User may use the same for advertising or marketing purposes other than as specifically agreed in writing with us. The Site may not be used in any unauthorised manner including but not limited to creating a link to any other internet site or content.
    • To the extent that any links are created on the Site re-directing a User to any third party site or platform those links are provided only for the convenience of Users and to facilitate further research or information which may be of assistance to Users. PP accepts no responsibility whatsoever for any aspect of the content of any third party site.
  5. Bookings
    • Notwithstanding any other provision of these T&Cs, affecting a booking and entering into any Booking Contract between Users must be transacted in accordance with the instructions and procedures which appear on the Site, (whether in general or in relation to a particular Property), under the heading ‘Bookings’ and in no other way. Any resultant agreement or contract, together with all the terms and provisions therein are solely made between the Provider and the Tenant.
    • Subject to the foregoing:
      • any Provider who places a Property on the Site is deemed to be issuing a conditional invitation to other Users to submit an offer to rent the relevant Property for a specified period at the price indicated;
      • a User wishing to make a booking in relation to a Property will indicate the same by submitting a request on line asking whether the relevant Property is available for a specified period of time;
      • a Provider will be informed by us of the indication of interest and as soon as practicable the Provider should confirm the availability, or otherwise, of the Property for the period requested and such notification of “yes” or “no” will generate an email directly to the User who made the request;
      • if the relevant Property is available then the User can use the email link to the Site to register and confirm his intention to make the booking for the specified period and, at the same time, the User will be asked to submit his payment preferences [PayPal or invoice from PP] and requested contact details;
      • Following submission of the foregoing information PP will again contact the Provider to request a re-confirmation. A lack of acceptance within a specified timeframe will be deemed to be a rejection and no Booking Contract will be deemed to have been created. Re-confirmation from a Provider constitutes the acceptance of an offer and will, as soon as practicable, be notified to the prospective Tenant.
      • an accepted offer constitutes a Booking Contract conditional only upon payment by a prospective Tenant on the terms specified in paragraph 6 below.
    • PP will use all reasonable endeavours to ensure the accuracy of its findings as to the vailability of a Property for the requested period but takes no responsibility for any misinformation or inaccuracy
    • The identity of a Provider and Users /prospective Tenants are not made available on the Site and are available only to PP and its authorised personnel until a Booking Contract is completed. Personal information is subject to our Privacy Policy. In order to facilitate the completion of a Booking Contract both Provider and User is deemed to have appointed PP as its authorised representative solely for the purpose of the completion of a Booking Contract. This representation does not create any agency or similar legal relationship between such Users and PP.
    • As soon as practicable following the making of a Booking Contract PP will use all reasonable endeavours, but without assuming liability, to ensure that such information will be posted on the Site so as to indicate to other Users that the Property is no longer available for the dates indicated.
  6. Payment Process
    • The total sum due under a Booking Contract as to direct fixed fees and costs (“the Price”) due and payable from the Tenant to the Provider will have been advised to a Tenant on the Site in relation to the applicable Property (“the Invoice”). The Price may not reflect additional charges which a Provider may be entitled to charge a Tenant under the terms of the Booking Contract including but not limited to staff and utility charges.
    • PP provides an on-line payment process via PayPal for the collection of the Price from the Tenant on behalf of the Provider. Alternatively, a Tenant may opt to receive an emailed copy Invoice from PP with bank-to-bank payment instructions. Users are not permitted to use any payment method other than those indicated in this paragraph.
    • Prospective Tenants must strictly follow all of the payment instructions set out in connection with a relevant Property description and in the Booking Contract. Time is o the essence.
    • The times at which a Tenant may check-in at the start of a tenancy and at which the Tenant must check-out at the end of a tenancy are those stated on the Property profile page and in the Booking Contract. Times are to be strictly adhered to and are of the essence.
  7. Cancellations
    • The terms and conditions applicable to the right of a Tenant to cancel a booking are only those that appear on the relevant page on the Site in connection with the relevant Property.
    • A Tenant may only cancel a Booking Contract by sending an email via the address registered with PP at the time of cancellation which email must have been acknowledged and agreed via an email from PP and sent to both the Provider and the Tenant.
    • A Tenant may nominate another party willing to assume his rights and responsibilities under the Booking Contract on the same terms and it will be open to the Provider to consent to an assignment of the Booking Contract whereupon the contract will continue as though entered into by such nominee ab initio.
    • In the event that the Booking Contract is affected by Force Majeure which cannot be cured prior to the commencement of the Contract, the Tenant shall be:
      • notified as soon as practicable of the Force Majeure event;
      • offered all reasonable assistance to find comparable or suitable alternative Property ; or
      • to the extent that there is no reasonably suitable alternative Property, entitled to a full refund of the Price as paid prior to notification and released from any further payment.
    • The Tenant is advised to obtain suitable and applicable travel insurance from a reputable insurance provider if he wishes to receive any additional compensation for his inability to proceed with a tenancy on whatever grounds, including but not limited to illness or death of a close relative
  8. Limitation of PP’s Liability
    • As a facilitator PP merely providing a means by which Providers and Tenants may enter into Booking Contracts with respect to individual Properties. We use all reasonable endeavours to ensure that the Properties that appear on our Site meet certain minimum requirements as to their quality and suitability for discerning Tenants. However, we do not inspect Properties; we have no control over the detailed state of a Property, or its description on our Site and we offer Users no representations or warranties of any nature whatsoever with respect to any Property, Provider or Tenant.
    • Further to paragraph 8.1, we disclaim any and all responsibility or liability whatsoever for any loss or damage (including personal injury) suffered or incurred by a User or any third party arising from but not limited to the following:
      • any reliance placed by a User on material posted on the Site or any error or mistake or inaccuracy contained in any representation, statement, description or other information made in connection with a Property;
      • the act or omission of a Provider or the failure of any User to comply with the terms of the applicable Booking Contract (including a failure to provide the Property on the dates agreed or in the condition or with the amenities described on the Site;
      • any loss of or damage to personal property or possessions at the Property;
      • any event, incident or occurrence that takes place at a Property.
    • To the extent that we may be held liable as being in breach of these T&Cs whether or not as a result of any negligence on our part under no circumstances shall we be liable for anything other than the direct damage or loss incurred by a User up to the value of any monies (if any) paid to us. We shall not be liable for any indirect or consequential losses or damage. Indirect loss or damage for which we are not responsible includes, but is not limited to, any business loss, loss of profits or revenue, loss of opportunity or loss of savings that were anticipated but not realised.
    • The foregoing does not affect our liability for fraudulent misrepresentation or any negligence of ours that causes death or personal injury or other liability that cannot be excluded or limited under English law.
  9. Compensation
    At our request, you agree to compensate us fully, defend us, and hold PP our officers, directors, agents, affiliates, licensors, and suppliers, harmless forthwith on demand from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&Cs by you, including the use by any other persons accessing this Site using your internet account caused by your action or inaction.
  10. Severability
    Each and every provision of these T&Cs (however grouped together or linked grammatically), are independent and severable from each other. If any provision of any relevant provision of the T&Cs is or becomes unenforceable in any jurisdiction, whether due to being void, invalid, illegal, unlawful or for any reason whatsoever, such provision shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as removed from the T&Cs and the remaining provisions shall remain in full force and effect.
  11. Amendment
    These T&Cs may only be amended or revised as described herein (see paragraph 1.5) or otherwise in writing executed by a duly authorised officer of PP.
  12. Applicable Law and Jurisdiction
    These T&Cs shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles of conflict of law. You hereby consent to the non-exclusive jurisdiction of the High Court of England and Wales in respect of any disputes arising in connection with the Site, or any relevant provision.
  13. Rights of Third Parties
    No part of these T&Cs are intended for the benefit of third parties and no part may be enforceable by a third party either under the Contracts (Rights of Third Parties) Act 1999, as amended from time to time, or otherwise.
  14. Privacy Policy
    Users must read and agree to our Privacy Policy as the same appears on this Site Privacy Policy.
  15. Law and Jurisdiction
    These T&Cs are to be governed by and construed in accordance with the laws of England and Wales and by using the Site all Users agree to submit to the jurisdiction of the courts of England and Wales.
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