Whether you are a property owner or agent for property owners (an "Advertiser") placing advertisements on www.thefanar.com ("our site") or a person using our site other than to advertise holiday homes (a "Holidaymaker"), by accessing or using our site you agree to be bound by these terms and conditions ("Terms of Use") in relation to both Advertisers and Holidaymakers use of our site.
Please read the Terms of Use thoroughly before using our site. By using our site, you indicate that you accept the Terms of Use. Please do not use our site if you do not agree to the Terms of Use.
Information about us
Our site is operated by Saiban International, trading as thefanar.com ("we", "us", "our"). And we have our registered office at The Fanar Ltd. Office 73 30 Woburn Place London WC1H 0JR.
We are the data controller for the purpose of the Data Protection Act 1998 and we will be bound by the Privacy Policy in relation to the storage and use of your personal data.
We are an advertising service for Advertisers and an accommodation search facility for Holidaymakers. We do not own, inspect or provide content for any of the properties advertised on our site. The one qualification is our special photography service for Advertisers. Where you see photographs or videos displaying the words 'Visited by TheFanar.com', these have been taken by photographers working for or in conjunction with us, as a result of the Advertiser commissioning such service from us. However, although we may provide the photograph or video, we do not warrant that we have conducted any inspection of the property. Advertiser shall be responsible for ensuring that it has all necessary rights, licences and authorisations to rent property.
Except in relation to adverts allowing online booking where we may act as an agent in order to facilitate payments to enable transactions between Advertiser and Holidaymaker, we have absolutely no involvement in the booking process or transaction. We make no claims as to the quality, safety or legality of any of the properties advertised. Neither can we confirm the accuracy of the advertisements or their content. It is the sole responsibility of the Advertiser to be eligible to rent the property and the sole responsibility of the Holidaymaker to pay for the rental.
Material on our site
All copyright, database rights, trade marks and design rights in our site and in the material published on it belong to us, our licensors or our Advertisers.
You may download material from our site for the sole purpose of using our site, but you must not copy, transmit, modify, republish, save, pass off or link to any content or material on our site without our prior written consent.
You may forward material from our site to third parties by using the 'Send to Friend' tool. By using this tool you confirm that you have obtained prior consent to receiving material from our site from any third parties to whom you send material.
Advertisers, Holidaymakers or any other person shall not use our site for any marketing or advertising purposes which are not permitted by us. Any such use of our site shall, in our discretion, result in us refusing to list any property and/or discontinuing the ability of the person infringing this provision from using our site.
Your safety
Consideration should always be given to the nature of advertisements and contracts transacted on the Internet, and the risks involved. Direct contact between Advertisers and Holidaymakers in relation to a booking may not occur and so you must therefore proceed with care and judgement when using our site.
Claims
Any contract for the rental of any property listed on our site is directly between an Advertiser and a Holidaymaker (each a "Booking Contract") and we are not a party to that contract.
In recognition of this, you acknowledge that any claim you may have that is in any way connected with a dispute you have with an Advertiser on our site must be brought directly against that Advertiser and not against us.
We may provide an online payment platform, giving you the ability to make online payments to Advertisers via PayPal, credit card, debit card or other payment options. We may change or withdraw such platform at any time without notice in our sole discretion.
Although we may provide the technical platform to enable such payments, we are not responsible for the payment solutions themselves and we still are not a party to the contract between you and the Advertiser. In particular, we are not responsible for any decision taken by PayPal or another provider to decline your payment, based on its risk assessment of you or that transaction. You shall not hold us liable for any losses you suffer as a result of making an online payment to an Advertiser. If you need customer support in relation to an online payment, you should contact PayPal or your bank or credit card provider (as applicable).
You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with your use of our online payment platform to make payments to Advertisers, in particular any claims from Advertisers, PayPal or other payment solution providers resulting from your actions or omissions.
Our limitation of liability and responsibility
We act merely as an advertising service through which Advertisers can advertise properties to Holidaymakers. We do not own nor have we inspected nor do we have any control whatsoever over any property listed on our site and we make no representations or warranties regarding any of the properties.
While we require Advertisers to advertise properties truthfully, fairly and accurately, and we take reasonable steps to remove advertisements from our site following any complaint from a Holidaymaker or another Advertiser, we have no control over the accuracy of any advertisement or the capacity of any Advertiser to make a booking with a Holidaymaker.
As such, we disclaim all liability and responsibility for any loss or damage (including personal injury) suffered or incurred by you or another party arising from:
a. any reliance by any user of our site, or by anyone who may be informed of any of its contents, placed on any advertisement, commentary and other materials posted on our site by Advertisers, or any error or mistake or inaccuracy contained in any statement, description, representation or other information made about or in connection with a property listed on our site;
b. the act or omission of the Advertiser or any failure of the Advertiser to perform or comply with any of the terms of the contract between the Advertiser and you, including a failure to provide the property on the requested date (whether due to a double-booking or otherwise), or a failure to provide the property in the condition or with the amenities that such property was advertised on our site;
c. any loss of or damage to personal possessions at a property; or
d. any incident or occurrence which takes place at a property.
Although we will do our best to prevent intentional misuse of our site and the dissemination of harmful programs via our site, we will not be liable for any loss or damage caused by any intentional misuse of our site or the distribution of viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site.
If we are in breach of these terms or otherwise liable to you (including, without limitation, for our negligence), we will only be responsible for any direct damages or losses you incur that result from your use of our site up to the value of the fees (if any) that you have paid to us. We shall not be liable for any indirect losses or damages suffered by you. Our liability to you shall not in any event include business losses (which includes without limitation loss or corruption of data, loss of profits or contracts, loss of revenue, loss of anticipated savings in expenditure, or business interruption) as a result of our breach of contract or negligence or otherwise.
This does not affect our liability for fraudulent misrepresentation or if something we do negligently causes death or personal injury, nor any other liability which cannot be excluded or limited under applicable law.
Reporting Inappropriate Content
If you consider any of the content of any videos, photographs or any other material posted on our site by any Advertiser to be offensive, discriminatory, defamatory or libelous or otherwise inappropriate ("Inappropriate Content"), please notify us of such content by sending us details of the content you consider to be inappropriate and the reason why you consider such content to be inappropriate.
Upon receipt of notification that any content is considered to be inappropriate, we will review such content and shall decide whether to remove such content from our site.
Please send details of any content which you consider to be Inappropriate Content to us:
By email to: legal@thefanar.com
By post to: Saiban International., The Fanar Ltd. Office 73 30 Woburn Place London WC1H 0JR United Kingdom Copyright Complaint Policy - Infringement Notification:
If you believe in good faith that materials hosted on our site infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying us that your copyrighted material has been infringed.
Please provide the following information in the following format (including Section Numbers):
a. A clear identification of the copyrighted work you claim was infringed.
b. a clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on our site, such as a link to the infringing material;
c. your contact information so that we can reply to your complaint, preferably including an email address and telephone number;
d. include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.";
e. include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."; and
f. the notice must be signed by the person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on our site should be emailed or mailed to our copyright agent:
· Saiban International., Attn: Legal Department
· info@tsaiban.com.sa
· Phone Number: +966 5 4 0088815 KSA
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorney’s fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion Advertisers or Holidaymakers access to our site who are deemed to be repeat infringers. We may also at our sole discretion limit access to our site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Interruptions in our service
Whilst we take every care to maintain the continuity of our site, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any on-going obligation or responsibility to operate our site or any particular part of it.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Contractual Relationship
As between the Holidaymaker and us, nothing in these Terms of Use or in your use of our site creates, or is intended to establish, any agency relationship, partnership or joint venture.
We act as agent for the Advertiser for the facilitation of payments in relation to certain booking transactions through our site and for purposes of onward distribution of their advertisements. Except for this agency relationship, nothing in these Terms of Use or in the Advertiser's use of our site creates, or is intended to establish, any partnership, joint venture or similar relationship between us and the Advertiser.
For the avoidance of doubt, Saiban International never acts as a principal in connection with any of the transactions or services available on or through our site.
Law and jurisdiction
These Terms of Use are governed by law of England and Wales, and the courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site (although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country).
You agree to comply with all applicable laws, statutes and regulations concerning your use of our site. Each and every booking carried out on, or as a result of use of, our site is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with the law of England and Wales.
Events beyond our control
We will not be in breach of these Terms of Use, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Entire Agreement
These Terms of Use shall contain all the terms agreed between you and us regarding the use and provision of our site and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing in connection with the use and/or provision of our site. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written between you and us unless expressly stated in these Terms of Use. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms of Use (unless such untrue statement was made fraudulently) and that party’s only remedy shall be for breach of contract as provided in these Terms of Use.
No Third Party Rights
Nothing in these Terms of Use are intended for the benefit of any third party, and the parties do not intend that any term of these Terms of Use should be enforceable by a third party either under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Invalidity
If a provision of these Terms of Use (or part of any provision) is found illegal, invalid or unenforceable, the enforceability of any other part of these Terms of Use will not be affected.
Variations
We may revise these Terms of Use at any time by amending this page or by publishing notices elsewhere on our site.
Notices
Any notices that you wish to send us should be emailed to legal@thefanar.com. Any notices that we may wish to draw to your attention to will be displayed on our site or through our newsletter communications.
This document informs you of the additional terms and conditions on which you may make use of www.thefanar.com("our site") as a property owner or agent (an "Advertiser") placing advertisements on our site. If there is an inconsistency between any of the provisions of these additional terms and conditions ("User Agreement") and the Terms of Use, the provisions of the User Agreement shall prevail.
Please read the User Agreement and the Terms of Use thoroughly before using our site. By advertising on our site, you indicate that you accept the User Agreement.
Information about us
Our site is operated by Saiban International, trading as thefanar.com("we", "us"). We have our registered office at The Fanar Ltd. Office 73 30 Woburn Place London WC1H 0JR. We are the data controller for the purpose of the Data Protection Act 1998.
We are an advertising service for Advertisers and an accommodation search facility for other users of our site ("Holidaymakers"). We have absolutely no involvement in the booking process or transaction, although we may provide tools to enable the transaction between Advertiser and Holidaymaker. It is the sole responsibility of the Advertiser to be eligible to rent the property and the sole responsibility of the Holidaymaker to pay for the rental.
Rules for advertising
By advertising on our site and by providing information to us, you agree to the following:
· Eligibility to advertise
That we may undertake a search with Experian for the purposes of verifying your identity. To do so, Experian may check the details you supply against any particulars on any database (public or otherwise), to which they have access. They may also use your details in the future to assist other companies, for verification purposes. A record of the search will be retained.
To provide us proof of personal identification, proof of ownership of the property advertised on our site, and proof of authority to list, to offer for rent and to rent the property, upon our request.
That you will not wrongfully withhold a deposit or fail to give a refund in accordance with the underlying rental agreement.
That you will not wrongfully deny access to the advertised property.
· Advertising content
Prior to activation of an advertisement all content that you submit (with the express exception of any video content) is subject to our approval. As part of that process and in an ongoing capacity we reserve the right to review and amend content and photographs you supply. We do not vet or review any video content that you post to our site. All video content and photographs that you submit to the site must comply with theVideo and Photograph Content Requirements. You are solely responsible for the content of any material (including video content and photographs) that you submit to the site. We will not be responsible or liable to any third party, for any content or the accuracy of any content or material which you upload to our site or for any information you provide to us or any user or our site.
You agree that you will accurately describe and present the property and will disclose any material defects.
You agree that any photographs, videos and/or any other content or material that you submit to the site for the purpose of advertising a holiday home ("Advertiser Content") must not contain any of the following:
o any nudity, lewd gestures or any other material that is threatening, offensive, violent, pornographic, obscene, hateful, discriminatory or that could encourage the commission of a criminal offence;
o any material that is defamatory or libelous;
o any material which infringes the copyright or other intellectual property rights of a third party, or which breaches any privacy rights of a third party;
o inaccurate or false information about the holiday home; or
o any other material which is considered to be inappropriate,
together referred to as "Inappropriate Content".
From time to time, we may offer a special photography service for Advertisers. If you request such service from us and we agree to perform it, we will arrange for a photographer to visit your property(ies) to take photos and/or video to enhance your advertisement(s) on the site. You agree that we will own any and all intellectual property rights in the photos and/or video and that you will not receive copies of or any license to use the photos/videos. In addition, you agree not to hold us responsible for loss, damage, harm or other liability of any kind arising from (a) any act or omissions by the photographer while visiting your property and (b) the photos/videos taken by the photographer.
In respect of any Advertiser Content you submit to the site, you will retain the intellectual property rights in such Advertiser Content. By submitting Advertiser Content to our site, you hereby grant to us, our sub-licensees and assignees, a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use, edit, reproduce, record, modify, translate, distribute, play, perform, make available to other users of our site, prepare derivative works of and to display the Advertiser Content by any medium or method whether now known or later developed for the purpose of providing the services via our site and for promoting our services, including the right to assign, sub-license or transfer the whole or any part of these rights to a third party. You agree to waive any moral rights or similar rights that you have in the Advertiser Content whether such rights arise pursuant to the Copyright, Designs and Patents Act 1988 or equivalent legislation anywhere in the world.
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any Inappropriate Content or other similar material onto our site.
You warrant and agree that:
o you own or have the necessary licences, rights and consents in writing in and to any Advertiser Content that you submit to our site and you will provide to us evidence of all such licences, rights, consents and permissions if we so request; and
o the Advertiser Content is your own original work and has not been copied wholly or substantially from a third party;
o the Advertiser Content is accurate, complete and true;
o the Advertiser Content complies with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority; and
o the Advertiser Content does not contain any Inappropriate Content.
You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with any one of the following:
o any failure by you to obtain the necessary licences, rights and consents in and to any Advertiser Content that you submit to our site;
o any claim by a user or any third party in connection with or resulting from the Advertiser Content, including any claim that the Advertiser Content infringes the intellectual property or other proprietary rights of a third party;
o the inclusion of any Inappropriate Content in any Advertiser Content.
We reserve the right to remove from our site without notice and at our sole discretion:
o any Advertiser Content which we consider to contain Inappropriate Content; and/or
o any Advertiser Content in respect of which we have received notification that such content infringes, or may infringe, the intellectual property rights or privacy rights of a third party or breaches a duty of confidentiality to a third party.
· Multiple properties
That a property advertisement on our site pertains to one holiday home, not multiple homes, nor an example of properties in a certain region. Only one self-contained holiday home should be represented in an advertisement unless prior permission has been given by us. We reserve the right to amend any property adverts not adhering to this policy.
· Co-located holiday homes and adverts
Co-located homes are classed as a set of properties available for holiday rental that are on the same site or complex, advertised by the same TheFanar.com Advertiser and can be rented individually or in combination. You can advertise between two and five co-located homes using a set of Co-located Adverts. A further advert can be added to your set to showcase the option of renting the homes in combination, this is known as a Group Advert. Within the set each home must have its own advertisement page.
· Exchanging properties
A property advertisement on our site relates to a specific property, and this property must not be substituted for another by way of changes to the text and photographs unless prior permission has been given to the Advertiser. If an Advertiser is found to have changed the property being described, we reserve the right to suspend the advert in question.
· Availability calendar accuracy
It is a requirement of your advertising contract with us that your availability calendar accurately reflects the availability for the advertised property at the time the calendar is updated. Misrepresentation of availability of the advertised property is misleading to site users. We reserve the right to withdraw the calendar facility or terminate the advertisements concerned, without refund, where we believe calendars to be misleading.
· Availability calendar updating
In line with the above paragraph, we recommend that calendars are updated on a weekly basis. However, our minimum requirement is that calendars are updated at least once a month. This includes confirming if there have been no changes in that period. Failure to provide the minimum frequency of updates will affect advert performance and the user search experience. We reserve the right to withdraw the calendar facility from adverts where availability is considerably out of date. Adverts that repeatedly fail to meet this minimum requirement could be terminated without refund.
· Rental rates table accuracy and updating
It is a requirement of your advertising contract with us that your rental rates table accurately reflects the available and current prices for the advertised property. Rental rates should be based on the price per week (seven nights); nightly rates for midweek and weekends can be entered separately in the column provided. Rental rates must be representative of your maximum occupancy; up to two additional rental rates tables can be included to reflect rates for smaller group sizes. We recommend that you have a minimum of six months' data in your rental rates tables in order to facilitate advance holidaymaker searches.
We reserve the right to request accurate updating of rental rates tables from advertisers. Failure to act on such requests, continued failure to accurately reflect available pricing, or sustained complaints from holidaymakers about misleading advertised pricing will result in termination of advertising, without refund.
· Termination of an advertisement
o If we receive substantiated complaints from any number of site users about a specific advertisement misrepresenting the property, or its surroundings, or the inappropriate behaviour of an Advertiser, then we reserve the right to remove the advertisement without notice, and retain payment;
o If an Advertiser attempts to enter unsuitable material into the online database, or persistently misuses the online systems, we reserve the right to remove the associated advertisement from our site. Full payment will be retained;
o We reserve the right to refuse or remove any advertisement from our site that we consider unsuitable, incomplete or misleading, or which we consider to contain Inappropriate Content, and will not be liable for any expense in so doing;
o We reserve the right to refuse any advertisement from our site where the content fails to meet our minimum requirements;
o If an Advertiser wishes to have their advertisement removed from our site before the end of their subscription, this will be done as soon as we receive formal notice from the Advertiser by email or using the 'Contact Us' page, quoting their Advertiser ID or home number. No refunds will be given;
o If an Advertiser is in breach of these terms we may remove the advertisement from our site without notice and without refund.
· Contactability
In the interest of maintaining a high level of service to Holidaymakers using our site, we require all Advertisers to be available to respond to enquiries by telephone or email. Should Advertisers be unavailable for a period of more than 1 week, we ask them to leave an answerphone message to that effect or to set up an out of office response on their email account. If neither of these options is viable, we ask that Advertisers contact us so we can temporarily suspend their advert. We reserve the right to suspend adverts of Advertisers who are unreachable for more than one week. In this instance we will send messages by telephone and email asking for the Advertiser to request re-activation upon their return.
· Guestbooks and reviews
All entries in the guestbook must be genuine comments from your guests. We reserve the right to request the email address of the guests whose comments are included for the purposes of verification. Should we decide to include guest reviews on the website, the same rules will apply.
· External links
We reserve the right to remove from advertisements both email addresses and links to external websites which either do not conform to the guidelines provided, or which we feel are not appropriate, or act against the interests of us or our Advertisers. The ultimate responsibility and authority for determining the aforementioned rests solely with us. Should an Advertiser add a link or email address without consent, re-add a link or email address after its removal or remove reciprocated links from their website, we reserve the right to cancel their advertising without refund.
Payment of Fees to TheFanar.com
· Payment
No Advertisements will be activated without payment.
If payment is being made by credit or debit card this can be processed online by PayPal , our online card payment provider.
If you are sending a cheque please address it to: Saiban International The Fanar Ltd. Office 73 30 Woburn Place London WC1H 0JR United Kingdom
For payments made to us by bank transfer and/or in a foreign currency, an admin fee of £10 will be applied in order to cover the bank charges incurred.
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