Site Terms of Use
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Lovetoescape (lovetoescape.com) is a trading name of LetsPortal Ltd. The lovetoescape portal is managed and owned by LetsPortal Ltd.
Trading Address:
Lets Portal Ltd t/a LovetoEscape
Arngomery Court
Kippen
Scotland
FK8 3EN
Registered Office:
5 South Charlotte Street
Edinburgh
Scotland
EH2 4AN
APPLICATION OF THESE CONDITIONS OF USE
By accessing or using any part of Lovetoescape you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use Lovetoescape.
We may change these conditions at any time without any notice to you. By your continued access and use of Lovetoescape you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made.
NO LICENCE:
Except as expressly provided, nothing contained in these conditions or anywhere on Lovetoescape shall be construed as conferring any licence under any of Lovetoescape's or any third party's intellectual property rights.
PERMITTED USES:
Save as provided below, no materials from Lovetoescape may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way.
Subject to applicable third-party content-providers' licences,you may electronically copy and print in hard copy, portions of Lovetoescape for your personal use only. You are not permitted to sell or trade in material so copied. Any other use, modification, distribution or republication without the prior written consent of Lovetoescape is similarly strictly prohibited.
COPYRIGHT:
Except where otherwise noted, the content of Lovetoescape Web pages (including the design, text, graphics and arrangement thereof) and the software used therein, is the property of and is owned and controlled by Lovetoescape and is the copyright material of LetsPortal Ltd or its associated content-provider organisations.
Information displayed as Lovetoescape Search results is extracted from a copyright work owned by Lovetoescape. This compilation is a copyright work © of LetsPortal Ltd.
By posting communications on or through the website, you automatically grant Lovetoescape a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the information alone or as part of other works in any form, media or technology whether now known or hereafter developed. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You agree to waive any moral rights which you may have in such material. Lovetoescape reserves the right to refuse to post and/or remove any material sent or posted by you.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES:
Lovetoescape is provided by LetsPortal Ltd on an "as is" and "as and when available" basis to users. You use Lovetoescape at your own risk. While we make every effort to ensure that we maintain very high standards of online service Lovetoescape does not warrant that the operation of the Lovetoescape site will be uninterrupted or error-free.
In no event shall Lovetoescape be liable to the advertiser for any special, consequential, incidental or indirect damages, including lost profits.
Lovetoescape and its associated content-provider organisations make considerable efforts to make information made available via Lovetoescape as accurate as possible but no warranty or fitness is implied.
ACCOMMODATION ENQUIRIES AND BOOKINGS:
When you use Lovetoescape to send an enquiry or to make a booking to an advertiser, you agree to allow Lovetoescape to add your email address to our database of customers. You will receive at least one promotional email from Lovetoescape. You are welcome to opt not to receive emails from Lovetoescape or Lovetoescape or its affiliated websites at any time.
Lovetoescape does not own or operate any of the properties advertised in this website. Lovetoescape does not handle bookings and therefore takes no booking commission.
All property and attraction details and photographs in this web site have been submitted to Lovetoescape for the purpose of advertising.
By making an enquiry to or booking for an accommodation, you are doing so on the understanding that you are dealing directly with the owner or their agent. Lovetoescape does not take responsibility for the booking and payment details must be arranged between the owner and the holiday maker. Owners who use the availability calendar must agree to keep it up to date with the correct prices. Holiday makers should call the owner to avoid any disappointment.
FORUMS, POST CARDS, SPECIAL OFFERS, RATINGS AND REVIEWS:
Any entries to the interactive elements of Lovetoescape, including but not limited to ratings, reviews, forum, post cards or special offers entries in the website must be genuine comments from Lovetoescape members. Any postings which include any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms. If such postings are made, the membership will be revoked immediately and any advertising terminated, where appropriate.
THIRD PARTY WEBSITES AND LINKS:
From time to time within Lovetoescape you may access third-party Websites or pages through search results displayed on Lovetoescape. Such third-party Websites are not under the control of Lovetoescape and Lovetoescape is not responsible, and cannot be held responsible for the availability of such sites or their contents. Any links provided on Lovetoescape are provided for your interest or convenience only and do not represent or imply any endorsement by Lovetoescape of such linked site. To that extent, in using Lovetoescape you acknowledge that the use of such third-party Websites is governed by the terms and conditions of use applicable to such sites.
If you feel that any information or content within Lovetoescape is inaccurate, misleading, offensive, or in any way inappropriate please let us know and we will address these matters in a timely and appropriate manner.
PAYMENT FOR ADVERTISING
Payment for advertising on Lovetoescape must be in British Pounds by major credit and debit cards or cheque. VAT (Value Added Tax): Our services are defined for VAT purposes under paragraph 3, Schedule 5, VAT act 1994. We are legally required to charge VAT at the current rate to advertisers who are either resident in the UK; or private individuals resident in the EU. If you are resident outside the EU, VAT will not be charged as our services are outside the scope of UK VAT when provided to you. If you are an EU resident (except in the UK) and if you confirm that you are "In business", we will not charge UK VAT ("In business", for this purpose, means that you rent property on a regular basis to generate income.)
EU residents (except UK): By confirming you are "In business" you may be required to account for VAT in your local jurisdiction. Residency is interpreted for VAT purposes as the country where the individual has set up home and is in employment.
RECIPROCAL WEB LINKS :
Premium level advertisers are entitled to a link from their listing to their own website and also their own availability calendar. A reciprocal link back to a non-competing area of lovetoescape needs to be in place before these links are activated on the site. Note this applies to individual owners only. Seperate terms apply to agency advertisers (see below).
ADVERTISING MORE THAN ONE ACCOMMODATION ON ONE ADVERTISEMENT :
Each advertisement on the Lovetoescape site displays an individual accommodation where people will spend their holidays - not examples of properties in a given area. Only one accommodation property can appear on each advertisement, unless it is a property with multiple accommodation units owned by the same person at the same postcode. Lovetoescape reserves the right to amend the copy or remove the advertisement, when more than one accommodation is described in the advertisement without prior agreement with Lovetoescape.
AGENCY ADVERTISEMENT :
Agencies are welcome to advertise on the Lovetoescape site. The adverts shown should relate to individual properties available to rent rather than general adverts for the agency or area. Listings will be paid for on an individual basis and no independent marketing should be done by agencies for listings on the Lovetoescape site. No independent branding is allowed and no web link will be deployed for agencies advertising more than 20 properties ("Large Agencies"). Large Agency listings will appear below individual full price premium listings in the site search results.
TERMINATION OF ADVERTISING :
If advertisers wish to have their advertisement removed from the Lovetoescape before the end of their subscription period, this will be done, but no refunds will be paid.
Lovetoescape reserves the right to refuse any advertisement for the Lovetoescape web site, and will not be liable for any loss or expense in so doing.
If an advertiser attempts to enter unsuitable material into the Lovetoescape on-line database, or persistently misuses the on-line systems, Lovetoescape reserves the right to remove the accommodation or attractions listing from the Lovetoescape site. No refunds will be paid.
If Lovetoescape receives a complaint from a person who has used an accommodation or attraction which Lovetoescape, acting reasonably, consider is justified, or an advertiser knowingly double-books a property, or engages in any unacceptable practices or is in breach of its obligations to Lovetoescape, then Lovetoescape reserves the right to remove the property from the Lovetoescape web site without notice.
TERMINATION
Lovetoescape may terminate your right to use or access the Website at any time for any reason without notice. Lovetoescape reserves the right to cease operating the whole or any part of the Website at any time. The termination of this Agreement (for any reason) shall; (i) be without prejudice to any other rights or remedies which Lovetoescape may be entitled to under this Agreement or at law; (ii) not affect any accrued rights or liabilities which Lovetoescape may then have; and (iii) not affect the coming into or continuance in force of any provision of this Agreement which is expressly or by implication intended to come into or continue in force after such termination.
LIMITATION OF LIABILITY:
Neither Lovetoescape nor its associated content-provider organisations seek to limit or exclude liability for death or personal injury arising from their negligence.
Under no circumstances will Lovetoescape or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of Lovetoescape be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either: the use and reliance on Lovetoescape; or the inability to use Lovetoescape; or mistakes, omissions, interruptions, suspension, termination, deletion of files or email,
errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to Lovetoescape including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to Lovetoescape's records, programs or services; or merchandise, products or services received through or advertised on Lovetoescape and merchandise, products or services received through or advertised on any links provided on Lovetoescape; or information or advice received through or advertised on Lovetoescape and information or advice received through or advertised on any links provided on Lovetoescape; or any information, data, text, messages and other materials that you email,post upload, reproduce, transmit or is otherwise distributed using Lovetoescape.
Lovetoescape is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using Lovetoescape is done at your own risk and Lovetoescape shall not be responsible or liable for any damages or injury that may result from transmitting such information.
If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
MISCELLANEOUS:
These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and Lovetoescape with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
JURISDICTION AND GOVERNING LAW:
These conditions shall be governed by and construed in accordance with the laws of the UK. Lovetoescape controls Lovetoescape from within the UK. It can, however, be accessed from other places around the world. Although these places may have different laws from those of The UK, by accessing Lovetoescape you agree that the laws of The UK, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of Lovetoescape. You and Lovetoescape also agree to submit to the non-exclusive jurisdiction of the UK courts, with respect to such matters. Users of Lovetoescape accessing it from places outside of The UK acknowledge that they do so voluntarily and are responsible for complying with local laws.
MODIFICATION OF AGREEMENT TERMS
General From time to time, Lovetoescape may change, alter or modify these Terms. Any changes to these Terms will be posted on the Website and any use by you of the Website after any such changes have been posted shall be deemed to indicate your agreement to the modified Conditions. If you do not agree to the modified Terms, you should cease use of the Website. Lovetoescape may freely assign this Agreement. It may not be assigned by you. All legal issues arising from or related to the use of the Website shall be construed in accordance with and determined by Scottish Law. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum. Please note the English version of these Terms will always take precedence.