FairwayBreaks Golf Rentals

Terms and Conditions

1.  Acceptance of terms

Please read these terms and conditions carefully before using the web site operated and owned by Fairwaybreaks.com ('Fairwaybreaks.com,' 'we', 'us' or 'our'). By accessing or using www.fairwaybreaks.com ('the web site') you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.

2.  Accuracy

2.1  Fairwaybreaks.com provides a portal, www.fairwaybreaks.com, for property owners to display their rental accommodation and put you directly in touch with the owners of those properties. We do not act as an estate agents or travel agents and as so we do not take part in, or are responsible for, booking arrangements or any property management issues.
2.2  We do not provide property information. This is provided by the advertiser. Therefore we cannot accept any legal responsibility for the truth or accuracy of the advertisements, or any alleged breaches of contract on an advertiser's part.
2.3  You agree to indemnify and hold Fairwaybreaks.com and its employees and agents harmless from and against all costs, expenses and losses arising out of a claim relating to the content of an advertisement.
2.4  It is the responsibility of the advertiser to keep their availability calendar accurate and up-to-date. Special offers will not be displayed if the period they fall on is marked as "booked" on the availability calendar.

3.  Information control

3.1  It is the Advertisers responsibility to ensure that the information provided is accurate, legal and decent and complies with English law.
3.2  Each property advertisement on Fairwaybreaks.com relates to one specific property. The property in an advertisement may not be substituted by another property. Advertisers are not permitted to advertise or make reference to more than one property per advertisement.
3.3  Advertisers are not permitted to include hypertext links, addresses of other websites, e-mail addresses or HTML (Hyper Text Markup Language) code within their advertisement. Fairwaybreaks.com reserves the right to remove these elements without notice at our sole discretion.
3.4  Fairwaybreaks.com reserves the right to determine and amend the final design, layout and functionality of the Fairwaybreaks.com web site.
3.5  Fairwaybreaks.com reserves the right to edit copy or amend the layouts or photographs supplied, in order to retain design consistency throughout the web site and provide a pleasant environment for our visitors.
3.6  Fairwaybreaks.com cannot be held responsible for any loss or damage resulting from the design or positioning of the properties or changes made to the photographs and copy submitted by the customer.
3.7  Fairwaybreaks.com will endeavour to safeguard all materials supplied, and return them if required, but cannot be held responsible for any loss or damage, however caused, and for any loss or damage sustained.

4.  Termination of advertising

4.1  Should advertisers wish to remove their advertisement from the web site prior their subscription end date, this can be done via their online account interface. Alternatively the advertiser may contact Fairwaybreaks.com who will remove the advertisement after verification of the request has been confirmed. Payment will be retained in full.
4.2  Fairwaybreaks.com reserves the right to refuse any advertisement for the web site, and will not be liable for any loss or expense in so doing.
4.3  Fairwaybreaks.com reserves the right to remove the advertisement(s) of any advertiser who attempts to enter unsuitable material into the on-line database or persistently misuses the on-line system. In such circumstances payment will be retained in full.
4.4  In the event that Fairwaybreaks.com receive a complaint from a person who has rented an advertiser's property which we consider justified, or an advertiser engages in any unacceptable practices or is in breach of its obligations to Fairwaybreaks.com, then Fairwaybreaks.com reserves the right to remove the property without notice.

5.  Web site Modification

5.1  We may from to time to time change the content of the web site or suspend or discontinue any aspect of the web site, which may include your access to it. You confirm that Fairwaybreaks.com shall not be liable to you for any such alterations. Any amendments or new content will be subject to these terms and conditions.
5.2  Fairwaybreaks.com may amend these terms and conditions from time to time, and place the new version on the web site. Your continued use of the web site following any changes will constitute your acceptance of such changes. If you do not agree to any changes to these terms and conditions, then your only remedy is to cease using the web site.
5.3  If any provision of these terms and conditions shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these terms and conditions and the remainder of the affected provision shall be unaffected.

6.  Enquiries

Upon sending an enquiry to an advertiser via the web site, you agree to allow Fairwaybreaks.com to add your email address to our database of customers. You will receive at least one promotional email from Fairwaybreaks.com. You are welcome to opt out of this database at any time.

7.  Linked sites

The web site includes links to third party websites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Fairwaybreaks.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.

8.  Copyright

8.1  All materials displayed or performed on the web site (including, but not limited to the web site design, text, graphics, news articles, also known as the "Content" and source codes connected with the web site) are protected by copyright. You agree to abide by all copyright notices, information, and restrictions contained in any content accessed through the web site.
8.2  Fairwaybreaks.com claims copyright to the electronic images of the photographic material supplied by advertisers.
8.3  Fairwaybreaks.com shall be entitled to reproduce part or whole of any photographic material supplied by the advertiser.
8.4  It is the advertiser's responsibility to obtain reproduction permission for all photographic and other material used in their advertisements. The advertiser warrants that he is the owner of the copyright in such material or is authorised by the owner thereof to grant to Fairwaybreaks.com the rights therein contained. Fairwaybreaks.com cannot be held responsible for any infringement of copyright laws resulting from material supplied by the advertisers and the advertiser indemnifies Fairwaybreaks.com against any action brought for breach of copyright or other rights from the use of such material supplied by the advertiser.
8.5  Fairwaybreaks.com cannot be held responsible for any infringement of copyright laws resulting from material supplied by the advertisers.

9.  Limitation of liability

9.1  Fairwaybreaks.com will need to carry out routine maintenance and servicing of the web site from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that the web site will be continuously available on-line. We therefore provide the web site on an "as is" and "as available" basis.
9.2  To the extent permitted by law, Fairwaybreaks.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
9.3  We make no warranty that the web site (or web sites which are linked to the web site) will be uninterrupted or error free, is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.
9.4  We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.
9.5  Nothing in these terms and conditions limits our liability for death or personal injury resulting from our negligence.

10.  Release

You hereby agree to indemnify and hold Fairwaybreaks.com, its parents, subsidiaries, affiliates, directors, officers and employees, harmless, including claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements, made by any third party due to or arising out of your access to the web site, use of the services, the violation of these terms and conditions, or the infringement by you, or any third party, of any intellectual property or other right of any person or entity.

11.  Payment

Payment for advertising must be in British Pounds or Euros by major credit and debit cards or cheque.

12.  Legal jurisdiction

These terms and conditions shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English Courts.