Terms of Service
HolidayHomes is a service of HS Holiday Search GmbH, Pappelallee 78/79, 10437 Berlin, Germany (hereinafter "HolidayHomes"). Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services. By accessing, the HolidayHomes website, mobile or tablet application, or any other feature or other HolidayHomes platform (collectively "HolidayHomes.com") you agree to be bound by these terms of service ("Terms") and our Privacy Policy. If you do not accept all of these Terms, then you may not use HolidayHomes.com.
HolidayHomes may modify these Terms, for any reason at any time, by posting a new version on HolidayHomes.com; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of HolidayHomes.com following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with HolidayHomes.com in any way, immediately terminate use of HolidayHomes.com.
1. Just a search engine
HolidayHomes.com is a travel search engine. HolidayHomes does not provide, own or control any of the travel services and products that you can access through HolidayHomes.com, such as flights, holiday homes, hotels or other types of accommodations, etc (the “Third Party Offers”). The Third Party Offers are owned, controlled or made available by third parties (the “Partners”) either directly (e.g. airline) or as an agent (e.g. online travel agency). The Partners are responsible for the Third Party Offers. The Partner’s terms and privacy policies apply to your booking so you must agree to, and understand those terms. Further, the terms of the actual Partner (vacation rental, hotel, airline, etc.) apply to your travel, so you must also agree to and understand those terms. Your interaction with any Partner accessed through HolidayHomes.com is at your own risk and HolidayHomes does not have any responsibility should anything go wrong with your booking or during your travel.
The display on HolidayHomes.com of a Third Party Offer or Partner does not in any way imply, suggest, or constitute a recommendation by HolidayHomes of that Third Party Offer or Partner, or any sponsorship or approval of HolidayHomes by such Partner, or any affiliation between such Partner and HolidayHomes.
HolidayHomes hosts content, including prices, made available by or obtained from Partners. HolidayHomes is in no way responsible for the accuracy, timeliness or completeness of such content. Since HolidayHomes has no control over the Third Party Offers and does not verify the content uploaded by the Partners, it is not possible for us to guarantee the prices displayed on HolidayHomes.com. Prices change constantly and additional charges (e.g. payment fees, services charges, checked-in luggage fees, local taxes and fees) may apply, so you should always check whether the price asked for a booking is the one you expected. Some Third Party Offers may also be sold in another currency than the one preset or chosen by you for the display of the search results. Our currency conversion is for information purposes only because actual rates may vary and your payment provider (e.g. your credit card company) may charge conversion fees and apply another date’s currency rate.
2. Booking through HolidayHomes
If you make a booking through HolidayHomes.com for Third Party Offers, that booking is made with the Partner named on the booking page and HolidayHomes.com only acts as a user interface. Accordingly HolidayHomes has no responsibility for the booking or the Third Party Offer because HolidayHomes has no involvement in creating the description of the Third Party Offer, in defining the price and any fees, and in providing the Third Party Offers that you book. If you have any issues or disputes around your booking and/or the Third Party Offer, you agree to address and resolve these with the Partner and not with us.
3. Intellectual Property
We, along with our corporate affiliates, the Partners and other licensors own all of the text, images, software, trademarks, service marks or other material contained on HolidayHomes.com. You will not copy or transmit any of the material except for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on HolidayHomes.com must appear on all copies you print. Other non-HolidayHomes product, service, or company designations on HolidayHomes.com belong to those respective third parties and may be mentioned in HolidayHomes.com for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to HolidayHomes.com does not grant you any license or right to use any of the marks included on HolidayHomes.com.
4. Use of HolidayHomes.com
You may only use HolidayHomes.com to search for legitimate travel deals and you may not use HolidayHomes.com to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. By using HolidayHomes.com you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.
In addition, you agree not to do any of the following without prior express written permission of HolidayHomes:
(i) access the site with any manual or automated process for any purpose other than your personal use or for inclusion of HolidayHomes pages in a search index. Use of any automated system or software to extract data from HolidayHomes.com (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
(ii) violate the restrictions in any robot exclusion headers on HolidayHomes.com or bypass or circumvent other measures employed to prevent or limit access to HolidayHomes.com;
(iii) deep-link to any portion of HolidayHomes.com for any purpose;
(iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of HolidayHomes.com or take any action that imposes an unreasonable load on our computer or network equipment;
(v) reproduce, duplicate, copy, sell, trade, resell or exploit HolidayHomes.com;
(vi) use any feature of HolidayHomes.com for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us;
(vii) post or distribute any material on HolidayHomes.com that violates the rights of any third party or applicable law;
(viii) use HolidayHomes.com to collect or store personal data about others;
(ix) use HolidayHomes.com for any commercial purpose unless we've given you written permission;
(x) transmit any ad or promo materials on HolidayHomes.com; or
HolidayHomes may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of HolidayHomes.com.
5. Your intellectual property rights
HolidayHomes respect the intellectual property rights of others and HolidayHomes prohibit users from uploading, posting or otherwise transmitting on HolidayHomes.com any materials that violate another person's intellectual property rights. If you believe that your trademark or copyright rights have been violated, please send us a written notification to the address: HS Holiday Search GmbH, Pappelallee 78/79, 10437 Berlin, Germany.
6. Warranty disclaimer
HolidayHomes.com, all content and services provided on HolidayHomes.com and all itineraries you obtain are provided on an "as is" and "as available" basis. Our content is largely generated in an automated fashion; errors can and do happen. HolidayHomes usually have many search results, but HolidayHomes are not comprehensive and do not display all available providers and offers. Accordingly, HolidayHomes do not always display the lowest available price. HolidayHomes expressly disclaims to the fullest extent permissible all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
7. HolidayHomes has limited liability
HolidayHomes (together with our officers, directors, employees, representatives, affiliates, and providers) to the extent permitted by law hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to HolidayHomes.com, your downloading of any content from HolidayHomes.com or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of HolidayHomes.com or our content; (ii) any failure or delay (including without limitation the use of or inability to use any component of this Website for reservations or booking); or (iii) the performance or non-performance by us or any Partner, even if HolidayHomes have been advised of the possibility of damages to such parties or any other party. To the extent permitted by law, our aggregate liability for any and all loss or damage suffered by you as the result of your access to HolidayHomes.com, your downloading of any content from HolidayHomes.com, which is not covered by the above paragraph, is limited to EUR 50.
Some states or countries do not allow these limitations of liability, so the limitations above may not apply or apply only partially to you as permitted by law.
Nothing in these Terms excludes or limits:
(i) either party's liability for death or personal injury caused by its negligence or fraud;
(ii) either party’s liability for damages arising out of willful misconduct or gross negligence; or
(iii) your rights as a consumer.
8. You agree to protect us
Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to HolidayHomes.com or the Intellectual Property.
9. Links
HolidayHomes.com may contain links to other websites that HolidayHomes do not operate or control and for which HolidayHomes are not responsible ("Other Websites"). HolidayHomes provide these links for your reference and convenience and do not endorse the contents of Other Websites and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to HolidayHomes.com.
10. Air carrier rules
The circumvention of an air carrier's rules, including practices such as back-to-back ticketing (purchasing two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements) and hidden-city ticketing (purchasing tickets including segments which the purchaser does not intend to use in order to circumvent an air carrier's pricing structure), is prohibited by many air carriers. The use of prohibited ticketing practices may result in the air carrier taking actions including the cancellation of the ticket, denied boarding, revocation of frequent flyer miles and other benefits, additional charges to the purchaser's credit card, additional charges collected at the airport, or future invoicing.
11. General requirements
HolidayHomes may change the site and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Further, HolidayHomes may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email). You may terminate this agreement with us under these Terms at any time by ceasing use of HolidayHomes.com.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. HolidayHomes may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.
If HolidayHomes fail to act with respect to your breach or anyone else's breach on any occasion, HolidayHomes are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of HolidayHomes.com and replace any prior understandings or agreements (whether oral or written) regarding your use of HolidayHomes.com.
To the extent permitted by law, the laws of Germany, without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims). If you take any legal action relating to your use of HolidayHomes.com or these Terms, or our services, you agree to file such action only in the courts of Germany; if you are a consumer, the law may allow you to bring proceedings also in the courts for the place where you are domiciled, as well as to have recourse to rights provided by the consumer protection laws of such place. In any such action or any action HolidayHomes may initiate, the prevailing party will be entitled to the extent permitted by law to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with HolidayHomes.com and/or these Terms, will be resolved individually, without resort to any form of class action.