Terms and Conditions
We are an advertising service for Property Owners and a search facility for Holidaymakers. From herein the Property Owner will be referred to as PO and the Holidaymaker as HM.
1. Legal information.
These provisions regulate the use of the web of QuirkyAccom, registered in England and Wales as QUIRKYACCOM.COM LIMITED, Company Number 9808394. 71-75 Shelton Street, Covent Garden, London WC2H 9JQ. United Kingdom.
Your use of the Web implies your acceptance of all the conditions included in this Legal Notice. User must read this Legal Notice carefully each time User intends to use the Web, since the conditions for its use as set forth in this Legal Notice may change.
2. Legislation and jurisdiction.
The laws of England and Wales govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access.
3. Intellectual and industrial property.
3.1. Web content, which is understood to include but not be limited to text, photographs, graphics, images, videos, icons, technology, software, links, etc. as well as their graphic design and source codes, is the intellectual property of QuirkyAccom or of third parties, and no Content exploitation rights recognized by the intellectual property legislation in force can be deemed to have been licensed to User except for such Content as is strictly necessary for the use of the Web.
3.2. The trademarks, trade names or distinctive signs are the property of QuirkyAccom or third parties, and access to the Portal cannot be deemed to attribute any right to such trademarks, trade names and/or distinctive signs.
4. Conditions of use.
User agrees to use the Web correctly in conformity with the law and with this Legal Notice. User will be liable to QuirkyAccom or to third parties for any loss or damage that may be caused as a result of a breach of this obligation.
We are an advertising service for POs and a search facility for HMs. We do not own or inspect the properties listed and it is the PO’s responsibility to keep all information up-to-date on the site. The PO must ensure that all rights, licenses and authorisations to rent the property are adhered to. We have no involvement in the making of a booking or money transactions. Any contract made between HM and PO is made directly and we
are not a party to that contract. Any dispute or claim must be dealt with directly between HM and PO without the involvement of QuirkyAccom.
1. QuirkyAccom provides a link between the HM and the PO via a Check Availability or Booking Enquiry form or a link to the PO’s website and on occasion their own booking service. In some cases we link to an outside booking agent from where the HM can make a reservation online. The site is a directory and is not part of any rental agreement.
2. We can not be responsible for the accuracy of the content of the advertisement or the fulfilment of the booking itself. We ask the POs to fairly and truthfully describe the accommodation and the services they offer. QuirkyAccom will take steps to remove listings if they are found to be inaccurate or the PO is behaving outside of what is considered to be reasonable and respectful behaviour towards the HM - with this decision lying with the administrator at QuirkyAccom. If it is found to be necessary the PO will not be entitled to a refund on any fee paid should their listing be removed due to unresolved issues. The administration of QuirkyAccom may make alterations within the facts of the text on a listing to keep the style in-line with the format of the site. Ultimately the HM is responsible for verifying the facts seen on QuirkyAccom with the PO before making a reservation.
3. At time of making a reservation the HM and PO must both understand the relevant cancellation policy. Once a booking has been cancelled the entitled refund must be given promptly. The cancellation policies of the PO are in no way connected with QuirkyAccom.
4. We disclaim all liability and responsibility for loss, damage (including personal injury) suffered through incident or occurrence which takes place at a property or through any mistake or inaccuracy detailed in the listing or through overbooking or otherwise.
If a HM is unhappy with their experience whilst staying at a property listed on QuirkyAccom there is the opportunity to leave a review (see under the map.) Reviewers are asked to keep criticism polite, not personal, inflammatory or speculative. The PO and administrator will see the review before it goes live. The PO may send one email to QA detailing the content that they disagree with and why. The administrator alone will make a decision as to whether the review is acceptable to be published. If it is not, we shall email the reviewer and ask them to reword the unsuitable content. This process is solely at the discretion of the administrator and we ask for no further interaction on the subject. The PO is entitled to leave a respectful reply to the review beneath it. The PO is asked not to make direct contact with the reviewer and respect their right to an opinion even if not shared by the PO. If the PO asks to be removed from our listings based on a bad review, there is no right to a refund. Alternatively it is possible to switch off the review section altogether.
4.5. Subscription rates.
Subscription rates in effect at the time of a member's subscription are subject to change without notice at the member's next subscription renewal or with respect to any additional subscription. QuirkyAccom’s price structure to PO’s is variable dependent on the popularity and possible income of the property. The free enquiries that are offered to POs on joining QuirkyAccom may be subject to change, although we will honour what was offered to you at time of joining.
4.6. Insertion of links to the Web
Any Internet user who wishes to insert links from his website to the Web must comply with the conditions detailed below:
a) In accordance with the applicable legislation in force, it is forbidden in all cases to insert frames of any kind around the Web, or permit the Content to be viewed through URLs other than the Portal URL and, in any case, where the Content can be viewed together with content outside the Portal, in a way that: (I) causes, or may cause, error or confusion in, or misleads or may mislead, users as to the true origin of the service or Contents; (II) constitutes an act of comparison or imitation; (III) serves to take advantage of the reputation of QuirkyAccom’s brand and prestige.
b) No false, inaccurate or incorrect representation whatsoever of QuirkyAccom, its partner, employees or clients, or of the quality of the services that it provides, may be made on the page inserting the link.
c) The website on which the link is created must faithfully comply with the law and may not, in any circumstances, have or be linked to proprietary or third-party content that: (I) is unlawful, noxious, immoral or indecent (content that is pornographic, violent, racist, etc.); (II) induces or may induce User into the false belief that QuirkyAccom subscribes to, endorses, adheres to, or in any way supports the ideas, representations or expressions, lawful or unlawful, appearing on the website where the link is located.
5. Disclaimer of liability.
5.1. Access to the Portal does not imply any obligation on QuirkyAccom to verify the truthfulness, accuracy, appropriateness, fitness, exhaustiveness or currency of the information supplied through the Web.
5.2 This Site may contain links and pointers to other Internet sites, resources, and affiliates of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We are not responsible in any way for such third-party sites and your use of such sites and resources will not be governed by these terms. If User considers that there is a Linked Site with unlawful or inappropriate content, User may communicate this to QuirkyAccom.
5.3. QuirkyAccom is not aware of the content or services of Linked Sites and, therefore, cannot be held liable for any damage caused by the unlawfulness, quality, obsoleteness, unavailability, error or ineffectuality of the content and/or services of Linked Sites, or for any other damage.
6. Personal Data Protection.
6.1 Personal data processing.
1. When sending an enquiry, giving your email address, the HM is opting to receive (no more than quarterly) promotional emails from QuirkyAccom. Our mailing list will not be shared with other parties, except that of the PO that the enquiry has been sent to. If you receive a promotional mail there will be the opportunity to unsubscribe from the mailing list. The PO must not use the HMs email address’ acquired through enquiries beyond the needs of the reservation made. The PO must not add these email address’ to their mailing list. No spam.
2. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail, excluding a quarterly newsletter from QuirkyAccom which the client can unsubscribe to at anytime. Any emails sent by this Company will only be in connection with rental of unusual accommodation.
6.2 Security measures.
We will do our best to prevent harmful programmes. However we will not be liable for any loss or damage caused by any intentional misuse or distribution of viruses or other technologically harmful material that may infect your computer equipment, programmes, data etc due to use of our site.
QuirkyAccom is committed to protecting and respecting your privacy.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.quirkyaccom.com you are accepting and consenting to the practices described in this policy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is QUIRKYACCOM.COM LIMITED, Company Number 9808394.
71-75, Shelton Street Covent Garden London. London WC2H 9JQ . United Kingdom
Information we may collect from you:
We may collect and process the following data about you:
* Information you give us. You may give us information about you by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, place an order on our site, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.
* Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
* technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
* information about your visit, including the full Uniform Resource Locators clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
* Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
Uses made of the information
We use information held about you in the following ways:
* Information you give to us. We will use this information:
* to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
* to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
* to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
* to notify you about changes to our service;
* to ensure that content from our site is presented in the most effective manner for you and for your computer.
* Information we collect about you. We will use this information:
* to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
* to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
* to allow you to participate in interactive features of our service, when you choose to do so;
* as part of our efforts to keep our site safe and secure;
* to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
* to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
* Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of your information:
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
* Business partners, suppliers and sub-contractors for the performance of any contract we enter into with [them or] you.
* Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. [We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience].
* Analytics and search engine providers that assist us in the improvement and optimisation of our site.
* [Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.]
We may disclose your personal information to third parties:
* In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
* If QuirkyAccom or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
* If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions of supply and other agreements; or to protect the rights, property, or safety of QuirkyAccom, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Where we store your personal data:
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you or where you have chosen a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information:
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.