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Terms & Conditions

May 7, 2019 by Shallwebookit

Shall We Book It Terms and Conditions.

0.0 Shallwebookit.com is part of shall we book it Online Rentals (hereafter referred to as “shallwe”) a limited liability company registered at address  with company registration number (C.I.F.) B92802479, with registered business address at address.

0.1 shallwe provides a website through which owners or rental managers (hereafter referred to as “rental owner”) can advertise holiday homes for rent, and through which users (hereinafter referred to as “Guest”) can view, search, make an enquiry or a booking on shallwe.

0.2 shallwe is not the owner or rental manager of any of the holiday homes on shallwe and act therefore only as intermediary. All booking contracts are agreed between the Owner and the Guest.

Introduction TCs

0.3 These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the “Platform”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

0.4 This Agreement is effective as of the date that You indicate your acceptance as described below (“Effective Date“). You should read through all of the terms carefully. The terms constitute a legally binding contract between You and us.  Any obligations owed to us under this Agreement are in addition to, and do not limit, any separate contractual obligations to us our affiliates or third parties working with us that provide payment services.  You are not authorised to use these Services (as defined below) unless You are aged 18 or over, able to enter into legally binding contracts, and if applicable, are authorized to do so on behalf of the business entity for which You are accepting these terms and conditions. BY CLICKING “I AGREE”, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

0.5 These pages, the content and infrastructure of these pages, and the online reservation service provided by us on these pages and through the website are owned, operated and provided by shallwe and are provided for personal, non-commercial (B2C) use only (in terms of customers booking to stay at a rental property), subject to the terms and conditions set out below & commercial use where business to business (B2B) contracts are formed (in terms of rental owners).  Each /rental owner acts in a professional manner vis-à-vis shallwe when making its property available on or through shallwe (both for its business-to-business (“B2B”) and/or business-to-consumer (“B2C”) relationship). Please note that rental owners may have, declare applicable and/or require (acceptance of) – in addition to the policies and fine print as disclosed on the website, their own (usage) terms and conditions and house rules for the use, access and consummation of the Trip (which may include certain disclaimers and limitations of liability).

0.6 Shallwe may revise these T&Cs from time to time for reasons such as a technical development, a change in business operations, new or amended or discontinued products or features, or due to a change in applicable laws. You will be provided with 15 days’ notice in advance of any changes to any of the terms of these T&Cs or our decision to these Traveller T&Cs.  We will inform you of such changes or termination via your email address. You should visit this page periodically to view the most current Traveller T&Cs because they are binding on you.

 

Guest terms and conditions for using shall we.

1. Personal use

1.0 Shallwe can only be used to view, read, search, book and enquire about holiday rental homes listed on Shallwe, with the purpose of renting a holiday home via Shallwe or browse articles and medias available on Shallwe.

1.1 Use of Shallwe for any purpose other than booking of a holiday rental home or browsing Shallwe is strictly prohibited. Content such as articles, videos, photos, descriptions, owner information etc and software and design on Shallwe is copyright protected. Other than personal use, content may not be otherwise used or copied without the prior written approval of Shallwe.

2. Booking a holiday home on shallwe

2.0 On shall we the Guest will be able to do a payment by, credit card (Visa or Mastercard):

2.1 The Guest makes a booking on shallwe with shallwe acting as intermediary between the Guest and the Owner. Guest pays the full rental amount through shallwe and agrees to the Owner´s rental agreement which is presented to the Guest before a booking is made.

2.2 The Site acts only as a venue for users to interact with each other. Rental contracts are concluded only between the guest and the rental owner.  shallwe is not, and does not become, a party to any contractual relationship between the guest and the owner and does not mediate between the guest and the owner in the event of any dispute arising between them. You acknowledge and agree that the guest and the owner will be responsible for performing the obligations of any such agreements, between the guest and the owner, that shallwe is not a party to such agreements, is not acting as an agent on behalf of owners and disclaims all liability arising from or related to any such agreements.  This is true even if the Site facilitates a booking for a Property or the use of other tools, services or products, as shallwe is not a party to any rental or other agreement between guest and the owner and the owners are not considered as shallwe’s service providers shallwe is not an organiser or retailer of travel packages under Directive (EU) 2015/2302. And The Package Travel Regulations 2018.

2.3 Sometimes cheaper rates are available on shallwe for a specific stay, however, these rates made available by rental owners and may carry special restrictions and conditions, for example non-cancellable and non-refundable. Please check the relevant reservation conditions and details thoroughly for any such conditions prior to making your reservation.

2.4 Obvious errors and mistakes (including misprints) are not binding.

2.5 All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors or mistakes.

3. Accuracy of information

3.0 The updated and precise description of the holiday home, as well as the prices, the bookings and the pictures are fully provided by the homeowner. Shallwe is constantly making efforts to make sure that the information provided by the homeowner is true, accurate and completely adjusted to reality.

3.1 Obvious errors and mistakes (including misprints) are not binding.

3.2 All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors or mistakes.

3.3 shallwe is an online platform and is not inspecting the holiday homes on their physical location or meeting with the rental owner.

4. Liability

4.0 Use of shallwe indicates that the Guest agrees to release shallwe from any direct or indirect loss or damage in connection with but not limited to fraud, phishing, any breach of terms and conditions, accidents, strikes, lock-outs or disagreements with the Rental owner. Shallwe cannot be held responsible for any losses or damages the Guest may experience using shallwe or staying in any of the holiday homes found or booked via shallwe.

4.1 shallwe is not obliged to offer any refund or compensation for direct or indirect losses that neither the Guest may have suffered from renting a holiday home on shallwe nor the Owner may have suffered from renting out a holiday home on shallwe. shallwe acts only as intermediary so no rental contract or rental agreement can be made with shallwe.

4.2 shallwe may contain links to third-party websites or resources. By using shallwe both the Guest and the Rental Owner acknowledge and agree that shallwe is not responsible or liable neither for the availability or accuracy of such websites or resources; nor the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by shallwe of such websites or resources or the content, products, or services available from such websites or resources.

5. Personal data protection and privacy

5.0 When using shallwe, some personal information shall be saved in our database. Personal data protection and cookies policy is explained with detailed in our Privacy Policy.

6.  Property Listings and Interaction with rental Owners

6.0 Please note that Rental Owners are entirely responsible for all of the information, including images, text and other content, relating to the Properties they offer (“Listings”), for updating them and ensuring (where relevant) that they are correctly translated.

6.1 If a guest finds a Property of interest, an information request can be sent to the Rental Owner (an “Enquiry” or “Enquiries”) stating the guest’s name along with any requested information via shallwe. We may offer different email newsletters from time to time intended to enhance the services we offer. guests have the choice whether or not to receive marketing email

communications from shallwe and may cancel their subscription to these email newsletters at any time through the cancellation’s preference link provided although it may take a short while for the changes in preferences to become effective.

6.2 The Rental owner may then communicate with the guest in connection with the Enquiry via the Site

6.3 The guest will be able to make a booking online, which shall be approved or declined by the rental owner within 48 hours.   For online payment, a guest whose booking was confirmed by the rental owner will be able to pay with their credit card through the payments gateway offered by our third-party payment provider. The online payment service is subject to the terms and conditions of the third-party payment provider and the guest agrees and acknowledges that shallwe has no control over or any responsibility for this service.  

6.4 Communications between guests and rental owners using the shallwe platform must not include email addresses or phone numbers. Please be aware that any communication on the Site (or through the shallwe platform) will be available for viewing by shallwe employees and representatives in order to comply with its obligations due to its webhosting status and to monitor for compliance with the guest T&Cs.

6.5 Guests and Rental Owners are solely responsible for the content of their communications between each other.

6.6 Guests who have booked through the Site may post their reviews of Rental Owners Properties (“Traveller Reviews”) on the Site.  The rental owner is given the opportunity to view guests Reviews, and to respond to them.  Shallwe may decline to post Contents or may remove any Content that shallwe finds don’t not comply with our content guidelines.

Shallwe otherwise expressly disclaims any liability for any guest Review, subject to its obligations pursuant to its webhosting status (for instance, deletion of content notified as being illegal).

6.7 Please note that shallwe does not, and realistically does not have the ability to, verify the accuracy or otherwise of guest Reviews, or rental owner Responses

6.8 Shallwe nevertheless requires all guest Reviews and rental owner Responses and other communications using shallwe systems to conform to our content guidelines and may decline to post any of them that shallwe finds do not comply. shallwe will not edit or otherwise modify reviews on a guest or rental owner’s behalf.

6.9 Shallwe does not generally conduct identity checks. If guests suspect that the rental owner has supplied false information, they are invited to notify shallwe through email admin@shallwebookit.com

Terms and conditions for Owners on Shall We

In addition to the above terms, the following terms shall apply to the Rental Owners.

7. Copyright

7.0 The Rental Owner guarantees that he owns the copyright in the photographic and textual material supplied to shallwe (hereinafter referred to as “the material”) or is authorised by the owner of the copyright to grant shallwe permission to use the material. The rental Owner understands that photographic or textual material from any part of shallwe may not be reproduced without permission from the copyright owner.

7.1 The Rental Owner grants shallwe a perpetual, royalty-free licence to use the material for promotional purposes. The Rental Owner unconditionally indemnifies shallwe immediately on demand against any cost, loss, or liability (including legal representation costs) which shallwe may incur by any breach of copyright from use of the material.

8. Design and layout

8.0 Shallwe cannot be held responsible for any loss, or damage, resulting from the design of layouts, or changes made to the photographs and text submitted by the Rental Owner. shallwe reserves the right to set the final design layout of a holiday home advert on shallwe, including the right to edit text, or amend layouts or photographs. Shallwe also reserves the right to amend and edit text data entered on the online database of the Owner.

9. Accuracy of information

9.0 Shallwe reserves the right to refuse any advertisement on any shallwe website where the content fails to meet minimum requirements which are stated by shallwe.

10. Rating System

10,0 Shallwe reserves the right to implement a rating system intended for Guests, in which they may assess the conditions and quality of holiday homes and Owners. This valuation would be totally free and shallwe cannot be made responsible for disclaims arising from the feedback, comments and suggestions made by any Guest. The Rental owner is given the right to respond. Shallwe will approve all reviews prior to submission.

11. Advertising

11.0 Shallwe reserves the right to insert advertising, or announcements referred to any sort of content in its website, including advertising related to other similar holiday homes. shallwe declares that the use of this service is totally discretional, and rental Owners waive to file any damages claim, or other complaints or claims relating to any advertise published in the website.

12. Multiple properties

12.0 A holiday home on Shallwe belongs to one holiday unit, not multiple units, nor should be represented as an example of holiday homes. Only one unit should be represented in a holiday home unless prior permission has been given. shallwe reserves the right to amend any holiday homes not in accordance with this policy.

12.1 Each advertisement payment is applicable to a single unit only .Multiple units may be eligible for a discount which can be gained by contacting admin@shallwebookit.com

13. Termination of an advert

13.0 If shallwe receives complaints from Guests about a specific information on shallwe, that is misrepresenting a holiday home, or its surroundings, or if shallwe repeatedly receive complaints about a Rental Owner, or the Rental Owner have materially breached terms and conditions, or the Rental Owner have behaved with misconduct or delivered inaccurate, fraudulent, outdated or incomplete information during the account registration, or violated applicable laws, regulations or third party rights, or if shallwe believes in bona fide that such action is reasonably necessary to protect the safety or property of other Rental Owners or Guests then shallwe reserves the right to remove the holiday home from the website and disable the account without notice, and retain payment.

13.1 If a Rental Owner attempts to enter unsuitable material into the database, or repeatedly misuses the online system, shallwe reserves the right to reject any Rental Owner or holiday home and will not be liable for any expense caused.

13.2 Otherwise, an Owner may remove the holiday home from shallwe at any time. However, the Owner must honour all current and future booking agreements made with Guests. shallwe does not offer refunds for holiday homes taken offline by the Owner or shallwe

14. Contact

14.0 To maintain a constant high level of service, shallwe requires all Rental Owners to be available to respond quickly to enquiries and bookings by email. Spain-Holiday reserves the right to suspend holiday home adverts of Owners who are unavailable for more than 48 hours.

15. External links

15.0 Links from a holiday home to any website or email address other than shallwe are only accepted if a link is sent back to shallwe from the Rental Owner’s website or blog or similar. If a rental owner adds a link or email address or company name without consent, re-adds a link or email address or company name after removal or removes reciprocated links from their advert on shallwe, shallwe reserves the right to remove the holiday home without refund.

16. Payment policy

16.0 Online credit card payments are processed through a third-party payment provider over a fully encrypted SSL secure line. Cash payments are not accepted.

16.1 Payments made through shallwe are done via third party secure certified payment provider and shallwe does not store the full credit card details and is not liable for errors or losses on payments or money transfers.

16.2  If the rental owner is a victim of fraud or phishing or if the rental owner cancels a booking, the Rental owner accepts the obligation to refund the Guest the full amount paid, or to offer a matching holiday home with matching rental conditions if not able to fulfil the original booking agreement made between the Rental Owner and the Guest.

16.3 shallwe is not obliged to offer any refund or compensation for direct or indirect losses that the rental Owner may have suffered from renting out a holiday home on shallwe.

17. Membership policy

17.0 Payment for membership is paid as an annual instalment which is free for the first year per property, £99 for the second year per property and £250 thereafter per property set for 5 years which a review on year 8. Adverts are created solely by the rental owner and shallwe accepts no liability for any information or pricing contained therein.

17.1 Membership fee is per property/advert and is paid annually on a rolling contract. Should the rental owner wish to cancel the agreement at the end of the annual period they can do so by contacting admin@shallwebookit.com.

17.2 All membership fees are displayed in GBP sterling.

17.3 Shallwe reserve the right to change membership options and costs at the end of each period and will contact the rental owner with details of changes 56 days prior to changes occurring.

17.4 Shallwe reserves the right to change membership prices in the event that we offer promotional special offers or one-off promotions to attract ne rental owners or as an incentive for new or existing owners.

18. Refund policy on the advertisement

18.0 shallwe provides an advertising service rather than a physical product. No trial periods are offered, nor do shallwe offer a refund or compensation for adverts which are expired or unexpired. shallwe does not give any refund or compensation if the Rental Owner experiences any losses such as bookings, money, damages or similar relation to any booking of the Rental Owner´s holiday home.

19. Special offers and visibility

19.0 Rental owners may pay an additional fee to promote a holiday rental. This will allow the property to be seen on the featured property section of our website and can be shared on our social media platforms. Payments are non-refundable even in the event of removal by the rental owner. Shallwe is not liable for any information or costs contained within any promotional advert and all liability will be that of the rental owner.

20. Documentation

20.0 In most cases shallwe requires Rental Owners to supply proof of ownership of their property in form of a title deed, utility bill or similar. If shallwe does not receive sufficient documentation, shallwe can reject approval of the Rental Owner and the holiday home, and an advert for the holiday home on shallwe will be rejected.

21. Legalised holiday homes

21.0 In some regions in certain countries, authorities require by law that Rental Owners obtain a license to rent out a holiday home legally. In these regions, shallwe can only approve and advertise a holiday home if the Owner presents a valid license number for the holiday home.

21.1 The rental owner is liable for checks to verify if the property requires a license.

22. Additional conditions

22.0 On shallwe the Owner can advertise a holiday home in different ways. Upon creating the advertisement, the Owner will be prompted to accept the conditions that apply to that particular advertising form.

22.1 shallwe reserves the right, at its sole discretion, to modify the website, services or to modify this Terms, including the rental share, at any time and without prior notice. If shallwe modifies this terms and conditions, these modifications will be posted on www.shallwebookit.com. By continuing to access or use the website or services after shallwe has posted a modification, Rental Owners and Guests shall indicate their acceptance to be bound by the modified Terms.