1. The terms and conditions set out below are for the use of Cornwall Holiday Home Rentals.com which is operated by JLH Holiday Home Advertising Company who’s registered address is:
JLH Holiday Home Advertising Company
57 Shelton Street,
All references to “we”, “us”, “our” and “JLH Advertising Co” refer to our website “Cornwall Holiday Home Rentals.com”.
References to “you”, “your”, “user” and “Advertiser” refer to you the registered Website user/member.
By using this Website, you are agreeing to abide by the terms and conditions below. These rules and guidelines have been created to protect all users and ensure that the Site works for all. If you encounter an advertiser, User or Guest who fails to abide by these rules in any manner, please contact us immediately. By agreeing to these terms, you are entrusted to abide by the provisions of these terms and conditions and take personal responsibility for your own actions.
1. The Site is a Classified Listing Service and we are Not Party to Any Rental Transaction.
1.1. Under these terms and conditions, the Site is a fee-based, classified listing service for holiday home owners and this Site is provided free of charge to Guests and potential renters. In order to place an advert, advertisers are required to register and to accept these terms and conditions. If you use the Site as a Guest, these Terms of Service will govern your use of the Site.
1.2. We do not own or manage, nor can we contract for, any holiday rental property listed on the Site. Instead, the Site acts as a venue to allow homeowners and property managers to advertise on our Site. Advertisers offer for rent in a variety of pricing formats, a specific holiday rental property to potential renters and website guests. We are not involved in any transaction between potential renters and our advertisers.
1.3. We are also not responsible for the condition of the holiday rental properties listed on our Site or the compliance with laws, rules or regulations that may be applicable to any holiday rental property in any jurisdiction.
1.4. Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site all in accordance with these Terms. Any use of the Site that is not in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.
2.1. While the Company endeavours to eliminate all spam/fraudulent enquiries to advertisers, it is not possible to guarantee that no such enquiries will be received by a advertisers. Any advertisers who receive a suspect enquiry are encouraged to notify the Company via the contact form. The Company shall be held blameless and harmless for any cases of fraud resulting from transactions conducted through the Site, whether as an advertiser or website user.
2.2. The Company shall not be held responsible for any website outages/unavailability, network outages/unavailability, undelivered enquiries, missed/untimely rental opportunities or cases of fraud. The Company shall not be held liable for any breach in transaction security caused by a third party arising out the creation of a user account and advertising placement.
2.3. You are exclusively liable for the content of every message and screen name you transmit via the Site.
3. Unauthorized Use
3.1. Unless otherwise provided within these Terms, or unless specific applicable law requires the Company to allow you to do so, you may not do any of the following without the prior written consent of the Company.
3.2. Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever.
3.3. Reproduce our content on your website using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site.
3.4. Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site.
3.5. Reverse engineer any part of this Site.
3.6. Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties.
3.7. Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the Content.
3.8. Use the Site other than to make legitimate enquiries to JLH Advertising Co advertisers.
3.9. Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand.
3.10. Post or transmit any unlawful, threatening, libellous, 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.
3.11. Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site; or any other computer systems or networks used by the Site, or infringes on our copyright or the copyright of our advertisers.
3.12. Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party.
3.13. Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment.
3.14. Or disguise the origin of the information transmitted through the Site.
3.15. JLH Advertising Co reserves the right to delete or deactivate any advert at its sole discretion with or without notification.
4. Non Solicitation
4.1. JLH Advertising Co provides this Service to permit users the ability to review information about rental properties. You acknowledge that JLH Advertising Co has expended significant time and money in collecting the Content contained within the Service. As a result, the Service is provided to you for the sole purpose of rental enquiries. Use of the Service and its Content for any other reason, including but not limited to the solicitation of the Company’s clients and advertisers is strictly forbidden (“Non-Solicitation”).
4.2. You acknowledge that the Company’s damages for your failure to adhere to the non-solicitation provision set forth herein are difficult to ascertain. As a result, you agree to pay to the Company, an amount equal to one thousand pounds (£1,000) for each violation of the non-solicitation provision.
4.3. This provision is intended to establish liquidated damages and is not intended as a penalty. This liquidated damages provision does not waive or alter any remedies available to the Company under this Agreement, at law or in equity for your default hereunder.
5.1. Each advertiser has access to his/her listing 24 hours per day with the exception of times when the Site is shut down for routine maintenance and upgrading and/or for reasons outside the Site control such blackouts or the shut-down of the users internet provider.
5.2. One rental per advert policy is strictly enforced. You may not list more than one property per advert. If this is not observed, you will be notified by us to remove the additional property. If you do not remove the information of any additional property or properties from the advert promptly, JLH Advertising Co has the right to deactivate your advert with no refund.
5.3. A holiday rental property may not be listed in more than one region. Any posting of a advert to an overtly incorrect region/city/location for that property location shall result in the correction or deletion of the advert without notification.
5.4. Any region added by an advertiser via the listing process displayed on the JLH Advertising Co website, must be found in Google Maps .
6. Responsibility for Content in Adverts and Our Right to Terminate an Advert
6.1. All adverts on JLH Advertising Co website, as submitted by the advertiser and amended from time to time by JLH Advertising Co staff, are the responsibility of the advertiser, and JLH Advertising Co specifically disclaims any and all liability arising from the alleged accuracy of the adverts, or any alleged breaches of contract on an advertiser’s part. By accepting these Terms and Conditions and paying to list on JLH Advertising Co website, you agree to indemnify and hold JLH Advertising Co and its affiliates harmless against all costs, expenses and losses arising out of a claim relating to the content of an advertisement.
6.2. JLH Advertising Co is not a property manager and does not represent any advertisers.
6.3. Advertisers are responsible for maintaining the accuracy and their advert. Each advertiser establishes his/her own cancellation and refund policy.
6.4. JLH Advertising Co is not responsible for the payment or refund of any fees or deposits collected by owners from renters.
6.5. Advertisers are solely responsible for keeping their information current by updating the content of their advert, including, but not limited to any and all representations about the property, the type of rental or purchase, its amenities, location, and its availability for a specific date or range of dates. Use of the appropriate fields for information is enforced, including a prohibition on using the availability calendar to indicate any availability status.
6.6. JLH Advertising Co staff reserves the right to notify advertisers either by email, phone or snail mail when their advert is no longer current and requires updating.
6.7. In the event that advertisers do not keep their listing up to date, JLH Advertising Co reserves the right to remove out-of-date content from the advert.
6.8. JLH Advertising Co reserves the right to edit, add to, and reformat the content of advert without notification for the following reasons: to fit the template form of JLH Advertising Co website layout, for the purpose of improving search engine optimization of the advert content, and to insure that the advert provides adequate description of the property advertised in the fields provided.
6.9. JLH Advertising Co specifically bans the following content from adverts: email addresses, estate agency names, any commercial website names or website URLs. All content and copy edits submitted by advertisers are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any advertiser. Advertisers are responsible for reviewing and ensuring that any content submitted to the Site is displayed as the advertiser intended.
6.10. Our Right to terminate an advert: If, in our sole discretion, any advertiser submits unsuitable material to our Site or into our database misuses the Site or our online system or is in material breach of these Terms, we reserve the right to terminate such advertiser’s subscription(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding an advertisers advert, rental practices, or the condition of the rental property, that, in our sole discretion, warrants the immediate removal of such advertisers advert from the Site, then we may immediately terminate such advertisers subscription(s) without notice to the advertiser and without refund. We assume no duty to investigate complaints. Finally, if any advertiser is abusive or offensive to any employee or representative JLH Advertising Co, we reserve the right to terminate such advertiser’s subscription(s) immediately without refund. Finally, if any advertiser is in breach of these Terms or its obligations to us then we may terminate such advertiser’s subscription(s) immediately without notice to the advertiser and without refund.
6.11. Transfer of advert: No advert(s) may be transferred to another party. In the event of a property sale, JLH Advertising Co will provide guidance to both seller and buyer regarding options for creating a new advert.
7.1. JLH Advertising Co assumes no responsibility for the accuracy of information contained in the adverts herein. You are responsible for conducting your own investigation regarding any and all claims made by prospective renters or advertisers. You assume all liability for use of any information you find in any JLH Advertising Co website advert. JLH Advertising Co assumes no responsibility and in no way warrant the accuracy of the information contained in any of the pages published here. Not all JLH Advertising Co website adverts are created directly by the property owners, some JLH Advertising Co website advertisers are acting as agents or managers for the owners.
7.2. Renters are aware that each property sets its own Cancellation and Refund Policies and JLH Advertising Co does not hold any funds or take any commissions between the renter and the advertiser and cannot be liable for any refunds for commitments made between renter and advertiser for any reason.
7.3. None of the information contained in any JLH Advertising Co website page is confirmed or warranted by any party. Confirmation of information published herein is the sole responsibility of the renting party. Qualification of all renters is the sole responsibility of the advertiser.
7.4. JLH Advertising Co, advertisers are responsible for typographic errors; and rates and conditions are subject to change without notice.
7.5. For the avoidance of doubt, your use of JLH Advertising Co website to search for or enquire about rental properties makes you subject to our Terms and Conditions. JLH Advertising Co is not a party to any transaction between you and one of our advertisers and you specifically agree to release and hold JLH Advertising Co and its Affiliates harmless from any cause of action arising from your transaction with one of our advertisers.
7.6. The information from or though the Site are provided “As-Is”, “As Available”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer or any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated, or partners have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we and our affiliated or partners are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above is fundamental elements of the basis of the bargain between us and you. The Site and the information would not be provided without such limitations. No advice or information whether oral or written, obtained by you from us through this site shall create any warranty, representation or guarantee not expressly stated in this agreement.
7.7. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or in ability to use the Site.
7.8. By submitting any images / photos in relation to your advert on this website, you allow JLH Advertising Co to use any images / photos for promotional and advertising use on any of JLH Advertising Co websites (not limited to this website). You further waive any royalty fees and attributions in relation to any images / photos used.
8. Applicable Laws & Release; Indemnification
8.1. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. JLH Advertising Co failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by JLH Advertising Co in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by JLH Advertising Co. This Agreement may not be assigned in any manner by you without the express, prior written permission of JLH Advertising Co. No third party is a third-party beneficiary to this Agreement.
8.2. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the United Kingdom for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the United Kingdom Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the United Kingdom Courts represent the exclusive jurisdiction for all disputes relating to this Agreement.
8.3. In the event that you have a dispute with one or more other users of the site (including, without limitation, any dispute between users regarding any transaction or user contributed content) or any third party website that may be linked to or from or otherwise interact with the site, including without limitation any social media site, you hereby agree to release, remise and forever discharge each member of JLH Advertising Co, each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the site.
8.4. Refund Requests: Generally, no refunds are available once any advert is ‘live’ on the website.
8.5. If you renew your advert, your advert will remain online for the entire advertising period without refund. If you sell your property and no longer wish for the advert to remain online, please contact us and we can remove the advert; however, no refund will be owed.
9. Payments / Refunds
9.1. Any payments due for placing any new adverts on the website, are payable in full at the time of placing the advert.
9.2. Any payments due for advert renewals fall due 365 days from the date the advert last went live on the website.
9.3. We reserve the right to amend the annual advertising rate at our sole discretion, any amendments will come into force on the 10th of February each year.
9.4. Refund Requests: Generally, no refunds are available once any advert is ‘live’ on the website.
9.5. If you renew your advert, your advert will remain on-line for the entire advertising period without refund. If you sell your property and no longer wish for the advert to remain on-line, please contact us and we can remove the advert; however, no refund will be owed.