Terms and Conditions

Terms and Conditions

GENERAL TERMS AND CONDITIONS

OF YAA HOLIDAYS LIMITED

(hereinafter referred to as “Terms and Conditions”)

§ 1. General

 

  1. The Terms and Conditions set out below shall form part of the agreements and commitments  concluded and shall apply to all services, deliveries and advertisements provided by Yaa Holidays Limited (hereinafter referred to as “YH”) on its website. While entering and using our website: www.yaaholidas.com  (hereinafter referred to as the “YH website”).  You acknowledge the applicability of these Terms and Conditions.
  2. These Terms and Conditions are subject to agreement between us (YH) and You on the one hand and between a holidaymaker as a  Lessee  and the Lessor on the other hand.
  3. Our  Terms and Condition are stated on the YH website and they are periodically amended and updated and the current version is always the legally binding version.
  4. We hereby object to any counter confirmation, counter offer or other references by You to Your general terms and conditions.
  5. You are not permitted to assign any claims arising from transactions with us without our written approval


§ 2. Services

YH publishes advertisements for holiday accommodations from different owners - users who intend to lease out  their holiday accommodations (hereinafter referred to as “Lessor(s)”) and make them  available for website – visitors  who may rent a holiday accommodation (hereinafter referred to as “Lessee(s)”). The publishing of advertisements encompasses two options: the possibility of booking periods and the possibility of direct contact between the Lessor and  Lessee. It should be stressed that the lease contract will be concluded between the  Lessor and the Lessee and YH will not be party to this  contract.


§ 3. Registration

  1. Any Lessor who intends to use our website, must first register himself/herself stating their registration and personal data which will be forwarded to YH. The Lessor undertakes to provide true and accurate fully  completed information and agrees to keep this data updated. YH reserves  the right to exclude any Lessor who provides untrue or uncompleted information forms from using the YH website preliminary or permanently or if there is any indication that the use of our website by the Lessor may violate any legal provisions.
  2. Upon registration, the Lessor will receive his/her own account on our website which will be accessible through a password. The Lessor is obliged to keep his/her password confidential  and inform YH about any case of misuse by third parties.
  3. Any Lessee who is interested in holiday advertisements  made by a Lessor is requested to provide his/her personal data along with any booking request which enable the Lessor to contact him/her through our website.
  4. The Lessee undertakes to agree that upon sending a booking request, he/she will register himself/herself  free of charge along with opening a Lessee’  account at which the Lessee will maintain  his/her queries, wishes and profile. 


§ 4  Advertisement Material  and Prices

  1. All Lessors are able to insert advertisements for future  Lessees through YH website. However, the Lessor shall pay a fee to YH prior to using YH website –platform for advertisement purposes  in accordance with binding current list of prices and terms of payment which is available on the YH website. YH reserves the right to update prices and insert Lessors advertisement into the YH website once the payment of updated (new) prices has been made by the Lessor.
  2. The Lessor can provide  per advertisement only one  holiday accommodation along with its description and pictures. In this respect, the Lessor guarantees and insures that the description and pictures of the aforementioned accommodation is free from any third party rights  and encumbrances and in particular that it does not infringe any  copyrights and /or trademark rights of third parties. Furthermore, the Lessor also guarantees and insures  that any material (descriptions, pictures, logos etc.) inserted  by the Lessor on the YH website will no contain any criminal content , pornographic contents and will be free from any inadequate expressions and language. Each Lessor shall be personally liable for the content of its advertisement material provided by him/her on the YH website.
  3. The Lessor agrees that YH is at any time entitled to shorten, combine or to exclude material (in whole or in part) along with description and pictures provided by the Lessor for any reasons connected for instance  with the layout, amount, design  etc. of the YH website. In addition, the Lessor also undertakes to comply with any color loss and/or deviations with regard to Lessor’s material resulting from necessary compressions.
  4. The Lessor grants to YH non exclusive, free of charge, transferable,  worldwide  license along with the right to grant sublicenses for the use of all contents of advertisement materials inserted by the Lessor in the website of YH. This License will expire when the Lessor will delete the published material in whole or in part from the YH  website or in the case of ending of contractual relationship.
  5. The Lessee shall not bear any costs resulting from the use of the YH website. 

 

§ 5 Conclusion of the Contract

  1. When sending an advertisement to YH, the Lessors make an offer to YH to provide its advertisement about  holiday accommodation on the YH website. A contract between the Lessors and YH will be concluded by an acceptance of the offer from YH or through publication of an advertisement of the Lessor on the YH website. YH is entitled to reject the offer at any time and without any reasons.
  2. The length of the contract concluded between the Lessors and YH is subject to Terms and Conditions of YH available on the YH website. Unless otherwise agreed, the duration of the contract is 12 (twelve) months and  nn early  cancellation of the contract by the Lessor during this period is not possible.
  3. YH is entitled to remove advertisements of the Lessor from the website if circumstances occur according to which further providing of advertisements will no longer be acceptable. This situation is in particular given if justified complaints from Lessees about conditions of the holiday accommodation or about the behavior of the Lessor come to the knowledge of YH. Should the Lessor restore the circumstance in line with agreed provisions, then the Lessor can, upon proving the restoration  request from YH, reinstate  his/her advertisement on the YH website The interruption of advertisement services due to such adverse circumstances lead  neither to an extension of the duration of advertising nor to a reduction of the fee  of YH or to a refund of fee  already paid to YH.


 § 6 Extension of the Contract and its Termination

  1. All advertising contracts which have been concluded in accordance with these Terms and Conditions will be extended automatically for the same time period of 12 (twelve) months  agreed previously (“ Contract Extension”).  In the event of the Lessors not being interested in a Contract Extension, the Lessors shall notify YH by serving  a termination notice no later then 14 (fourteen) days prior  to the end of 12 (twelve) month agreement in writing or by using a contract application form available on the YH  website. In case of termination of the  contract, YH will provide its services to the date of the end of contract.
  2. Contractual terms in the case of a Contract Extension are subject to the current Terms and Conditions of YH available on YH website at the time of the Contract Extension. These current binding Terms and Conditions can be seen on the YH website. Any price discount or special conditions which were granted to the Lessors at the beginning of the contract, will not apply to the period under the Contract Extension.  Should the new contractual terms comparing with previous conditions (prior to the  Contract Extension) be to the detriment of the Lessors, then the Lessors has the right to terminate the contract with immediate effect within 2 (two) weeks from the day of the Contract Extension.
  3. Should YH not offer a Contract Extension at the time of the expiry of the previous contract, then a Contract Extension is deemed to be rejected. In such a case, the Lessors can conclude a new advertising contract with YH pursuant to the Terms and Conditions.
  4. For the settlement of any new fees due resulting from a Contract Extension the same  mode of payment (for instance: “by direct debit”, “by PayPal” or by “credit card” ) would be applicable as used within the first term of the Contract with the  Lessors. Any rights granted by the Lessors to YH with regard to the storage/processing of personal data, along with debit authorization, or direct debit authorization shall remain in force. However, the Lessors are still entitled to cancel HY authorization to debit his/her account or /and t  store /process his/her payment of relevant data.


§ 7 Liability and Indemnity

  1. YH is not liable for  any damages or claims resulting from the contract between the Lessors an a Lessee. Furthermore, YH is not a party in anyway to the contract concluded between the Lessors and a Lessee. The activities of YH are limited purely  to publishing of advertisements on the YH website only.
  2. Within all contracts with YH, YH shall be liable for damages occurred only as a result of a slight negligent breach of duties and these damages are foreseeable and constitute  typical average damages. The above rule is also applicable to agents of YH engaged in the execution of contracts under these Terms and Conditions. In the event of a party to the  contract with YH being an entrepreneur, any negligent liability of YH as referred to in this clause, shall be denied.
  3. The limitations of YH’ liability mentioned in § 6.2 are not applicable in the following cases: (i) breach of a guarantee or a guaranteed quality, (ii) claims based on intentional deception or conduct, (iii) breach of life, body or health.
  4. Should YH, because of inserted materials as well as pictures provided by the Lessors or any articles/ inputs  /statements of Lessees and any other any articles/inputs  /statements of users of the YH website be subject to claims of third parties or as misuse of an account of third parties, then the Lessors, Lessees and users will indemnify YH from all these claims.  Additionally, the Lessors, Lessees and users undertake to compensate YH for any damages resulting from a necessary legal defense against claims of third parties based on materials, pictures, statements and any inputs of the Lessors, Lessees and users. The above applies to any further claims of third parties resulting from actions and/or omissions for which the Lessors, Lessees and users take responsibility.


§ 8 Voices of the Customers (Lessees) and Articles

On the YH website, there is a possibility for users to write and publish reports, opinions and assessments about holiday accommodations.  The use of this option is subject to special guideline which can also be  approved prior to their publication. These reports, opinions and assessments will be made publicly accessible and the Lessors, Lessees and any other users agree hereby to the current binding content of this guideline. The decision as to the publication of this information depends on the sole discretion of YH. The Lessors, Lessees and users are not entitled to claim from YH the publication, deletion and alteration of this information, unless such obligation is required by law.  The reports, opinions and assessments may also include critical views and the Lessors expressly agree to their critical content. Any reports, opinions and assessments including defamatory information or unobjective valuations or any other inappropriate contents by users are not permitted.


§ 9 Provision  of the Website and its Alterations

YH, as a provider, will endeavor to insure unbroken availability of the website – platform of YH. Nevertheless some temporarily malfunction of the website may occur for instance for reasons of maintenance. The temporarily unavailability  of the website does not establish any claims against YH. YH is also entitled to alter the functions and the design of the website and this will not have any effect on the contract.


§ 10 Final Provisions

  1. YH has at any time the right to change the content of the Terms and Conditions without providing any reasons for this . The approval of the Lessors, Lessees and users is not required. However, YH will supply  the Lessors, Lessees and users with the amended version of the relevant provisions per email 2 (two) weeks prior to their entry into force. In the event of the Lessors, Lessees and users not objecting to the amended provisions of the Terms and Conditions within 4 (four) weeks from the day of their receipt by email, they will be deemed as accepted and approved. The acceptance and approval to changes to the contract shall also be deemed given if the alteration will not be objected to within 4 (four) weeks from the day of receipt of the notification about the planned alterations. YH is obliged to instruct Lessors, Lessees and other users about consequences of  the failure to launch an objection.
  2. The courts of Ireland (Dublin) shall have jurisdiction over all disputes arising from these Terms  and Conditions. Despite the aforementioned provision, YH has the right to sue Lessors, Lessees or other users at their registered office if Lessors, Lessees or users are legal entities or proprietors  having the status of entrepreneurs.
  3. The place of fulfillment of all claims resulting from contractual relationships subject to these Terms and Conditions shall be the registered office of YH.  
  4. Irish law shall apply
  5. The invalidity of any provisions of these Terms and Conditions shall not affect the validity of the other provisions. Invalid provisions shall be deemed as replaced by such valid provisions that shall be suitable to implement the economic purpose of the deleted provisions to the greatest extent possible.