The silvercoastholidays.eu website (the “Site”) is owned and operated by Silver Coast Holidays Ltd (“Silver Coast Holidays”, “Us” or “We”), as a service to our users and visitors. This service consists of an online platform for Hosts and Guests (as those terms are defined below) to meet online, together with a collection of online resources and information, for facilitating or arranging the listing by Hosts of, and booking by Guests of, stays in travel accommodations to be provided by Hosts to Guests, and the provision, from time to time, of various email or messaging services, online tools and features for the purposes of enabling users of our Site to connect and directly conclude rental transactions in relation to such accommodations (collectively our “Service”), accessible on www.silvercoastholidays.eu.

  1. Acceptance of Terms
  2. Platform
  3. Eligibility and Accounts
  4. Account Restrictions
  5. Content on the site
  6. Your Content
  7. Terms of Use particular to Hosts
  8. Limitation of Liability
  9. Release and indemnity
  10. Data privacy
  11. Termination
  12. Invalidity
  13. Assignment
  14. Applicable Law and Jurisdiction
  15. Questions

1. Acceptance of Terms 1.1 By registering, accessing our Site and/or using our Site and Services, whether or not you become a registered user, a person who lists or adds a property on our Site as available for a rental transaction (“Host”) and/or a person who requests a booking of a listed holiday rental property via the Site from a Host (“Guest”) (“User”, “You”, “Your”), these Terms apply between You and Silver Coast Holidays and govern the terms of Your use as User of the Site and You agree to be bound by these terms of use, which You acknowledge to have read and understood. Please note, however, that the legal contract for the supply of accommodation and rental transactions is between Hosts and Guests and if You book accommodation with a Host through the Site, You will need to refer to and shall be bound by the booking confirmation and the booking conditions that will apply to that booking with a Host in relation to payment, cancellation and other related matters. 1.2 We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms on a regular basis to keep yourself informed of any changes. 1.3 By using this Site, You agree that the posting of new or revised Terms on the Site shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the Site shall constitute Your consent to such changes. 1.4 Unless otherwise agreed or specified, Silver Coast Holidays does not charge Users any fee for accessing the Site as a User or listing a property on the Site. However, in the event a rental transaction is concluded between Guests and Hosts as a result of the use of our Site and Services, Silver Coast Holidays does charge fees 1.5 If there is an inconsistency between any of the provisions of this English language version and a translated version, the provisions of this English language version shall prevail. Any translated versions of these Terms shall be for convenience only.

2. Platform You understand and agree that (i) the Site merely is a platform that enables You and other Users (i.e. Hosts and Guests) to connect and conclude rental transactions in respect of properties listed on the Site and, consequently that (ii) Silver Coast Holidays is not itself a party to any rental transaction and disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law. Silver Coast Holidays’s role is solely to facilitate the availability of the Site and Services for Users and to provide certain services related thereto. We do not purchase, buy-in, own, sell, furnish, rent, sublet, control or manage nor can We contract in our own. The Site acts as a platform to allow registered Hosts to themselves offer and supply to Guests for rent a specific holiday rental space. Hosts may be either owners of any such holiday rental space or are persons, including professional property managers) who are duly authorised to arrange or enter into rental transactions of such properties direct with Guests. We are therefore not a party to the actual rental transaction between Hosts and Guests and are not a contracting agent or representative of any Host. Rental transactions are only binding among the concerned Hosts and Guests, who are both solely and entirely responsible for their performance and Silver Coast Holidays disclaims all liability arising from or in connection with such transactions. Silver Coast Holidays does not make any recommendations or endorsements of listed properties or Users of the Site and We assume no liability in respect of the condition of any listed property on our Site.

3. Eligibility and Accounts 3.1 To register for a User account (an “Account”), go to the Site and provide the requested information. By registering, You represent and warrant that: (a) You are eligible for an Account as set out in these Terms; and (b) the information You include as part of the registration process and thereafter is accurate and not misleading. Accounts may be obtained and used only by persons who are at least eighteen (18) years old. Such persons may act on behalf of members of their group (if making a group booking) and/or their organisation or entity if they are authorised accordingly. Please note that You may view listed properties on our Site as an unregistered visitor, however, if you wish to book an accommodation or create a listing, you must first register to create an Account. If at any time prior to clicking on the appropriate confirmation button or link, You (the Guest) decide that You do not wish to proceed with Your booking request, You should close the application window. 3.2 Upon obtaining an Account, You shall have access to the Service and the functionality that We may establish and maintain from time to time and in our sole discretion. We may add, delete or change some or all of the Service provided for free as part of the Account at any time. You will be notified of any charges and given the option to continue use or to terminate Your Account. You are responsible for paying all applicable taxes and for all hardware, software, service and any other costs that You incur to access Your Account. You may not transfer or share Your Account with anyone. 3.3 As a registered User, You further agree to update Your Personal Information if needed. 3.4 You agree to allow Silver Coast Holidays to contact You on Your email address or phone number with personal communications related to your account, including but not limited to requests for booking, booking confirmation, notices and updates. You will be able to opt out of any future commercial communication at your convenience.

4. Account Restrictions 4.1 You agree to use Your Account for Your personal use only, and not to redistribute any of the content on this Website. You agree to comply with all applicable laws regarding use or access of Your Account. Any use of an Account to post (a) false, outdated, misleading information; (b) information that in our sole discretion is inappropriate to our Users (including, but not limited to obscene, libellous, slanderous or similarly inappropriate postings) or (c) information in breach of the policies published on the Site are grounds for immediate termination of an Account. 4.2 You may not distribute unsolicited commercial messages (“spam”) through Your Account or take any other action that imposes an unreasonable or disproportionately large load on our infrastructure. At our option and without further notice, We (or our suppliers) may use anti-spam technologies that may terminate Your messages without delivering them or prevent messages from reaching You. We expect all of our Users to conduct themselves in a courteous, professional manner at all times. Personal attacks, “flaming”, defaming, and other forms of discourteous and unprofessional online conduct are grounds for the immediate suspension or termination of the offending user’s Account, in our sole discretion.

5. Content on the site 5.1 The Site provides unfiltered access to Content. You understand and agree that the Site only acts as a platform. By its very nature, the information on the Site is changed frequently, may be inaccurate and in some cases may be mislabelled or deceptively labelled. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor do We undertake to verify, update or correct such information. We recommend that You confirm all information You obtain from the Site as accurate and complete and up to date. We also do not make any representation or warranty, express or implied, regarding any posting or requests by Users. You agree that any agreement between You and such individual or organisation shall be solely on the terms negotiated and agreed by You and Your counterparty and shall be done at Your own risk. 5.2 Silver Coast Holidays grants Users a limited, revocable, non-exclusive licence to access the Site to, as applicable, advertise holiday rental properties and/or research, view or make legitimate inquiries to Users regarding their interest in particular holiday rental properties for their personal use, all in accordance with these Terms. 5.4 Any other use of the Site is expressly prohibited. Importantly, this licence does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. “General purpose internet search engine” does not include a website or search engine or other service that provide classified listings or property rental advertisements, or any subset of the same, or which is in the business of providing holiday property rental services.

6. The Content 6.1 We reserve the right (but not the obligation) to take any action with respect to Your Content if we believe that it may create liability for Us or may cause Us to lose the services of our ISPs. You represent and warrant that Your Content and any content You request to receive (directly or indirectly): (a) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (b) shall not violate any law or regulation; (c) shall not be defamatory or libellous; (d) shall not be obscene or contain child pornography; (e) shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. 6.2. You understand and agree that Silver Coast Holidays has no obligation to post any Content from You or anyone else. In addition, We may, in our sole discretion, edit, remove or delete any Content. In particular, We reserve the right to determine the final design, layout and functionality of our Site, which may involve the review, formatting and editing of such Content. In case You intentionally or negligently cause any loss or damage to Silver Coast Holidays because of the design or positioning of such Content you are liable towards Silver Coast Holidays You understand and agree to release Silver Coast Holidays from any liability for any loss or damage resulting from the design or positioning of such Content, unless such loss or damage resulted from Silver Coast Holidays’s willful misconduct or negligence.

7. Terms of Use particular to Hosts 7.1 All accommodations must have valid addresses in order to be featured in listings on the Site. Your listings will be made publicly available via the Site and Guests will be able to book Your holiday rental property via the Site based upon the information provided in Your listing. Silver Coast Holidays, are solely responsible for determining the rental price to be displayed in Your property. Any additional charges (for example, cleaning fees) aren’t included. You understand and agree that once a Guest requests a booking of Your listed accommodation, the rental rate not be altered. 7.2 You warrant, represent and undertake that all and any listings You place on Our Site relate to available accommodation at an existing property and that You have all necessary rights and permissions, including without limitation, planning permission, or, if You are not the owner of such property, the express authorisation from the owner, to deal with the property, including creating listings related to it and offering it for holiday rentals. 7.3 In accordance with these Terms, if, as a Host, you add a property as available for rental on our Site, Your Use of the Site is a means of enabling You to connect or be introduced to Users who may become Guests for the purposes of concluding a rental transaction with You. Our Service to You as a Host shall include supporting and assisting you in listing, marketing, promoting and advertising Your property on our Site. However, as noted above, We cannot and do not in any way act as a contracting agent or representative for You as a Host, nor as a broker or insurer in each case, in relation to Your rental transactions which You conclude with Guests via the Site, but we can and shall act as your disclosed agent or intermediary in Your name and on your behalf in relation to handling or managing payment collection processes involving cancellation transactions with Guests. Our Service to You as a Host in relation to the provision of information and email or messaging services shall also include assisting You in respect of communications with Guests through the Site, for example, in receiving, notifying and forwarding to You any booking requests or enquiries made through the Site by a Guest and in receiving and handling cancellation requests from Guests. 7.4 You acknowledge and accept that We do not consider that we act as a travel agent generally in relation to the provision of our Site and/or our Service or in respect of Your actual rental transactions concluded with Guests as We are not a party to such actual rental transactions and We do not buy-in, re-sell or provide accommodation or other travel services in our own name as mentioned in Section 2 above. However if, as a matter of law or in the opinion of any tax or other authority in any jurisdiction Silver Coast Holidays is or could be considered a travel agent in respect of taking part in, or providing Services consisting of the intermediation in, the provision of accommodation by Hosts to Guests pursuant to a booking on our Site, You acknowledge and accept that in those circumstances and for the purposes of these Terms and rental transactions You have concluded with Guests, the Service supplied by us in taking part in the provision of accommodation listed on our Site and/or in facilitating or providing intermediation in the conclusion of such rental transactions, shall be supplied to You as Host, acting as Your disclosed agent or intermediary in Your name and on your behalf and not in any way in our own name, as We shall not and cannot be a Host. Any necessary modifications may be made to these Terms as a consequence of this provision or part thereof applying. 7.5 You agree that in the event You conclude a rental transaction with a Guest as a result of using our Site and Service, then, in consideration of providing our Services, including support, payment facilitation, and any other services as intermediary, as part of our Service as further described herein to You as a Host, Silver Coast Holidays shall charge You an amount, exclusive of any applicable VAT and similar taxes. 7.6 You will need to carry out a separate arrangement with Guests in respect of additional charges and expressly state in the listing of Your property that additional charges in the form of a deposit or otherwise (for example, cleaning fees, security deposit and late checkout fees) are required separately from the Guest (for example upon arrival or check-out). 7.7 As a Host, You acknowledge and agree that You are responsible for Your own acts and omissions and for the acts and omissions of any individuals (other than Guests and members of the Guest’s party) who reside at or are otherwise present at Your rental property. Each Host is solely responsible for compliance with laws, rules and regulations, including any tax and VAT requirements and in respect of any conflict with or breach of rights of third parties. We recommend that Hosts obtain appropriate insurance for their rental properties listed on the Site. 7.8 Please also note You are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Silver Coast Holidays cannot and does not offer Tax-related advice to any Users of our Site and Service. You may also be required to issue an invoice, including without limitation, a valid VAT invoice to your guest in respect any additional charges. You should in any event consult your tax advisor. 7.9 Upon registering as a User as an intended Host, Hosts acknowledge and accept that Silver Coast Holidays shall assume, and be entitled to assume, that You are in business/a taxable person/carrying on an economic activity and/or VAT registered, in the place/country where Your address details as provided to Us are located, unless and until You tell and confirm to Silver Coast Holidays by email or otherwise that You consider that You are not in business etc. or that You are usually resident or spend most of Your time in another country. Hosts further accept and acknowledge that We may contact You to require details (acting reasonably) of Your VAT registration number (if any) or otherwise copies of reasonable commercial evidence or records, for example contracts, business letterheads, a commercial website address, publicity material, certificates from fiscal authorities, in each case, which You shall provide or procure to provide within your power or ability to do so. A digital certificate from a reputable organisation can also be accepted for this purpose. 7.10 We shall hold all monies collected by Us from Guests upon a booking confirmation, subject to a duty to transfer or account to You in respect of such monies, which we shall pay to You by bank transfer or, for pounds sterling or euros payments only, PayPal transfer, in the currency you have set for the relevant property, less our Fees as described above. You acknowledge and agree that we shall be entitled to deduct and retain our Fees from such monies collected. We shall generally initiate the payment to You of all net monies collected from Guests which are 60 days to You of the planned date of Your Guest’s check-in (and We shall have no further commitment to You under these Terms), subject to any other arrangement as may be agreed between You and Silver Coast Holidays. Silver Coast Holidays reserves the right to pay You in installments if the duration of the stay exceeds 21 days. 7.11 Guests can cancel their booking at anytime, but always accordingly to the cancellation policy. In the event a Guest cancels, We shall transfer to You the monies collected by Us from such Guest, in accordance with cancellation policy. 7.12 As a Host, You should not cancel a confirmed booking. If however, exceptional circumstances require You to cancel a booking, please notify Us at info@silvercoastholidays.eu for assistance in relation to Your communications with the Guest. 7.13 We reserve the right to cancel any booking at any time for security or fraud-protection purposes. This is generally due to our fraud-detection processes reporting a problem with the payment card submitted. In such cases the cancellation policy will not apply and you will receive no payment for the cancelled booking.

8. Limitation of Liability (i) For slightly negligent breach of material contractual obligations – or “cardinal obligations” – Silver Coast Holidays’s liability shall be limited in the amount to the damage typically foreseeable at the time of the conclusion of the contract. Material contractual obligations (or “cardinal obligations”) are those obligations which put the User into exactly this legal position to which he shall be entitled pursuant to contents and purpose of the contractual terms as well as such obligations, whose performance only will make possible proper performance of the contract and on whose full compliance the User regularly relies and is entitled to rely. Silver Coast Holidays accepts no liability for the slightly negligent breach of obligations other than those listed above. Otherwise the User’s statutory claims for damages remain unaffected unless they are limited by a contractual provision individually agreed by the parties. The aforesaid limitation of liability shall not apply in cases of mandatory statutory liability (in particular under the terms of the Product Liability Act (Produkthaftungsgesetz)), malicious concealment of a defect, on assumption of a guarantee or culpable personal injury by Silver Coast Holidays. The User undertakes to take appropriate steps to prevent and mitigate damage. For Users based in countries other than Germany and Austria the following limitation of liability set out in Section 9(ii) shall apply: (ii) The Content and all other material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We hereby exclude: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and (ii) any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with the Site, any websites linked to it and any Content and other materials posted on it including loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and loss of goodwill, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Although these Terms of Use require Users to provide accurate information (see section 6 above under Your Content), We do not attempt to confirm, and do not confirm, any User’s purported identity. You are responsible for determining the identity and suitability of others who You contact via the Site or allow into Your listed property. We will not be responsible for any damage or harm resulting from Your interactions with other Users

9. Release and indemnity 9.1 BY USING THE SITE AND/OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM AT THE EXCLUSION OF silvercoastholidays TO THE FULLEST EXTENT PERMITTED BY LAW. 9.2 YOU SHALL INDEMNIFY silvercoastholidays (AND ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES AND SUCCESSORS), AGAINST ANY LIABILITY, DAMAGE, LOSS, EXPENSE, CLAIM OR COST (INCLUDING REASONABLE LEGAL FEES AND COSTS) SUFFERED BY silvercoastholidays ARISING FROM OR IN CONNECTION WITH : (A) INFRINGEMENT IN OR BY ANY OF YOUR CONTENT OF ANY THIRD PARTY RIGHTS; (B) ANY DAMAGE, LOSS, EXPENSE, CLAIM OR OTHER COST SUFFERED BY ANY USER RELATING TO YOUR CONTENT, OR ANY HOLIDAY RENTAL YOU MIGHT OFFER OR BOOK VIA OUR SITE; OR (C) BREACH OF SECTION 4 (ACCOUNT RESTRICTIONS), SECTION 6 (YOUR CONTENT) OR PARAGRAPH 2 OF SECTION 7 (TERMS OF USE PARTICULAR TO HOSTS).

10. Data privacy Your privacy is very important to Us. By accepting this Agreement, You expressly consent to certain disclosures of Your Personal Information to Us and the other Users, which is incorporated to these Terms by reference.

11. Termination In the event of a material breach by You of these Terms including but not limited to fraud by You, We may, in our discretion and without liability to You: (a) terminate Your access to Our Service; (b) deactivate or delete any of your Accounts and all related information and files in such Accounts as well as Your Content; and (c) bar Your access to any of such files or Service. In addition, We reserve the right at any time and without any prior notice to remove or disable access to a listing of any holiday rental accommodation on the Site which in Silver Coast Holidays’s sole discretion considers to be objectionable, in violation or breach of these Terms, or otherwise harmful to the Site and/or Services.

12. Invalidity If any provision or part of a provision, of these Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part-provision will be struck out of these Terms and the remainder of these Terms will apply as if the offending provision or part-provision had never been agreed.

13. Assignment You may not transfer any of Your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without Your prior written consent.

14. Applicable Law and Jurisdiction 14.1 These Terms and all matters arising out of or relating to these Terms (including non-contractual disputes or claims and their interpretation) shall be governed by the laws of England to the extent that such law is not overridden by applicable mandatory law, for example local consumer protection laws applying to You. 14.2 Any claim or dispute arising out of or relating to these Terms shall (including non-contractual disputes or claims and their interpretation) shall be subject to the non-exclusive jurisdiction of the English courts. If You are a consumer, You may elect to bring a claim in the court of Your country instead.

15. Questions If you have any questions about these Terms, please contact Silver Coast Holidays ( info@silvercoastholidays.eu)

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