1. About Us
We operate the Website cherishedholidayhomes.co.uk. We are Cherished Holiday Homes Limited, a company registered in England and Wales under Company Number 10210925 and with our Registered Office and our main trading address at Cherished Holiday Homes Limited, 68 Holly Park, Tamerton Foliot, Plymouth, Devon, PL54JU, United Kingdom.
For ease of reference, certain words used throughout these Terms and Conditions are given a specific meaning. These meanings are set out below:
2.1. “CHH” means Cherished Holiday Homes Limited and “us” or “we” refer to Cherished Holiday Homes Limited.
2.2. “User” means any party using the Website or who has registered with CHH to use the Website and “you” refers to a User
2.3. “Home Owner” means a User who lists their property on the CHH website.
2.4. “Holiday Maker” means a User who uses the CHH website to find and make contact with a Home Owner listing their property
2.5. “Services” means the Services offered by CHH via the Website and/or by telephone email and mail.
2.6. "Website” means CHH Website hosted at www.cherishedholidayhomes.co.uk
3. Introduction and Acceptance of our terms and conditions.
This page and the documents identified within it, outline the terms and conditions on which CHH supply our Services listed within the Website to you. Please read these Terms and Conditions carefully. Your access to and the use of our Services is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using any of the Services offered within our Website you fully accept the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website. These Terms and Conditions also apply in relation to other mediums we may use to offer our Services including telephone, email and mail. By accepting these Terms and Conditions you warrant that you are legally capable of entering into a binding contract, have read and understood these Terms and Conditions and are at least 18 years old. We recommend you print a copy of these Terms and Conditions for your future reference.
Each User undertakes to register using their correct name, address, and other requested details. In the event that any such information changes the User must notify CHH of such change. A User will be asked to provide a User Name. A password will then be allocated. The User can change the password (and is strongly encouraged to do so) once the registration is complete. This User name and password is personal to the User. The User is responsible for all access to the Website and use of the Services using that User name and password. The User shall not disclose any User name, password or other security information supplied by CHH to any third party.
5. Home Owner Listings
5.1. Home owners who want to list their property on the website will be able to sign up for a listing. An introductory offer of £7.50 applies for each individual property for the initial 12 months advertising, Thereafter, the normal 12 months advertising fee of £30.00 will apply.
5.2. Listings will expire at the end of the term and be removed from the website unless the Home Owner requests a renewal of the listing and pays the fee for the renewal period.
5.3. Before a listing can be put up on the CHH website the Home Owner must pay the full term fee and provide the following information:
5.3.1. Address of listing
5.3.2. Description of property
5.3.5. Contact number
5.3.6. Contact email
5.3.7. Contact name
5.4. If the full term fee is not paid or the information is not complete, accurate or contains false, misleading or unlawful content then CHH will not post the listing on the Website. The Home Owner will be notified of any deficiencies or problems and will have 10 working days to rectify them. If, at the end of the 10 day period they are not rectified the listing request will be cancelled and all monies paid toward a listing fee, if any, will be returned.
5.5. We aim to create your listing 3 business days after we process your payment. Should we not create your listing within 7 business days after receiving your listing fee payment then you have the right to request a full refund. Should a refund be requested before we create your listing then a full refund will be given within 5 business days. Once activated, should you request a cancellation of your listing before the assigned renewal date then we will refund the User the unexpired portion of any fee which that User has paid to us (calculated on a pro rata basis) Less an administration fee of £25.
5.6. INTELLECTUAL PROPERTY NOTICE – This is an important notice regarding use of material protected by intellectual property laws on Home Owner listings. Any pictures, descriptions, logos or other intellectual property must be either owned by the Home Owner or used by the Home Owner with permission of the owner of the intellectual property. Please note that images copied from the internet (such as those found using Google Image searches) are NOT free to use and are the property of the individual or entity that published them online. Any materials that CHH discovers to be violating this clause will be removed from the CHH website immediately. If the material is a substantive part of the listing then the full listing will be removed from the website until the Home Owner can provide suitable replacement material. CHH will not be liable for the fee value of the time any listing is removed from the website due to violations of this clause.
5.7. Holiday Makers wishing to inquire about a Home Owners property will contact them directly based on information provided in the listing so it is highly recommended the Home Owner review their listing regularly to insure information is up to date.
5.8. CHH only provides the listing for the Home Owner and does not participate in any way with the securing of reservations from Holiday Makers who use the website. All contact and arrangements will be strictly between the Home Owner and Holiday Maker.
5.9. CHH makes no guarantees as to the success of the listing in securing reservations for the Home Owner. Nor does CHH take responsibility for vetting or verifying a Holiday Maker requesting a reservation with a Home Owner. The Home Owner is solely responsible for all aspects of the reserving of their property through this site including arranging payment, making the property available and ready for the Holiday Maker, acquiring the appropriate insurance and permissions to use the property as a holiday rental and to resolve any disputes that arise with any Holiday Maker who makes contact with the Home Owner using the CHH website.
6. Holiday Makers
6.1. Registered Holiday makers can use the website to find and make contact with a Home Owner in the area they wish to plan their Holiday. All of the information to make contact with the Home Owner is available on the Home Owner Listing.
6.2. All contact should be made directly between the Holiday Maker and the Home Owner. CHH takes no responsibility for arranging the reservation of a home by the Holiday Maker with the Home Owner. The site is to facilitate these contacts only.
6.3. Any concerns or complaints by a Holiday Maker with a Home Owner or their property should be addressed directly with the Home Owner. If you are unable to reach a resolution CHH may be asked to assist but will do so at our complete discretion and assume no liability for or responsibility by offering assistance.
7. Exclusions, Limitations, and Indemnity
7.1. Subject to clause 8.2 below all warranties, conditions, representations or other terms implied by statute or common law as to the nature or quality of the Services or otherwise are excluded to the fullest extent permitted by law. CHH maximum liability in respect of the provisions of the Services (whether arising in negligence or otherwise) will be limited to an amount equal to the sums paid or payable by the User to CHH during the 12 months prior to the date upon which any claim arises. CHH will in no event be liable for any consequential or indirect loss or damage or for any loss of profit, data or business (howsoever caused and whether arising out of any breach of these conditions whether negligent or otherwise).
7.2. Nothing in these Terms and Conditions shall be construed as limiting or excluding liability for death or personal injury caused by the negligence of CHH, its directors, employees or agents or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
7.3. CHH reserves the right to remove from sale any goods or Services, to cancel or withdraw listings or to suspend or cancel all or any of the Services for technical, legal or regulatory reasons without penalty or compensation to any User. Wherever possible, CHH shall provide notice of such matters.
7.4. The User accepts that computer and telecommunication systems are not fault free and may experience or require occasional periods of downtime (during which some or all of the Services will not be available) whether for repair, maintenance, upgrading or otherwise, and CHH cannot guarantee uninterrupted availability. CHH will use its reasonable endeavours to minimize such periods of non-availability. The User shall have no claim for breach of contract or otherwise in respect of any such period of non-availability.
7.5. The User shall indemnify CHH against any and all claims, actions, damages, liabilities, costs and expenses including legal fees and expenses arising out of:
7.5.1. The User’s breach or non-observation of any of the terms of this Agreement;
7.5.2. Any breach or inaccuracy in any of the User’s representations or warranties;
8. Breach of the Terms and Conditions
These terms and conditions are binding on both CHH and the User. If either is in Breach of any material term of these conditions the non-breaching party must notify the other party of the breach in writing allowing them 10 working days to cure the breach upon receiving the notice. If the party in breach fails to cure the breach by the end of the 10 days the contract created under these Terms and Conditions will be automatically terminated. If a Home Owner is in breach, their listing will be immediately removed from the CHH Website. If a Holiday Maker is in breach their registration and access to the website will be revoked. If CHH is in breach, we will refund any remaining portion of any fee that has been paid by a Home Owner for any listing period without deduction the standard £25 administration fee.
9.1. If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
9.2. By using our Services to act in any way in the process of the hiring of any holiday home you understand and acknowledge that the contract is between the two Users of the Website (the holiday home owner and the holiday maker). CHH acts only as a service to connect people and is not part of any contract between Website User’s and shall not take any further responsibility. The terms of that contract are a matter for the parties to the contract and you should take care to ensure that these are appropriate for your needs. Once the owner of the holiday home and the hirer of that holiday home have made contact with each other CHH plays no further part in the process and will not get involved with regards to non-replies, disputed payments, cancellations, refunds, compensation or complaints of any nature whatsoever. Neither the hirer nor the owner of any holiday home shall have any claim whatsoever against CHH in respect of the hire or other arrangements made between them in relation to the hiring of any caravan. CHH cannot be responsible for the safety, your own personal well-being or holiday experience.
9.3. Without prejudice to Clause 10.2 above, we may consider complaints that we receive and reserve the right, at our absolute discretion, to remove any User from the Website if we believe that their conduct warrants this. If we take the decision to remove any User from the Website then we will refund to that User the unexpired portion of any fee which that User has paid to us (calculated on a pro rata basis) less an administration fee of £25.
10. User Information and Other Companies
11. User Obligations (Both Home Owner and Holiday Makers)
11.1. The User will not:
11.1.1. transmit any message anonymously or under a false name;
11.1.2. transmit any unlawful, threatening, abusive, harassing, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, under any applicable law;
11.1.3. transmit any message which discloses private or personal matters concerning any person;
11.1.4. transmit any information, file, or software that contains a virus, worm, Trojan horse or any other contaminating or destructive features;
11.1.5. transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trademarks or trade secrets or other confidential proprietary information;
11.1.6. interfere, in any way, with others’ use of or access to the Website
11.1.7. transmit any messages via the enquiry form, to those advertising their accommodation for hire, for any other purpose than enquiring about hiring the caravan. User’s may not promote their own Services including, but not limited to, buying caravans, insurance Services, repair Services, other rental Websites;
11.2. CHH reserves the right to suspend or terminate provision of Services to any User which is or appears in the reasonable opinion of CHH to be in breach of any of the provisions of these Terms and Conditions, including the provision of false registration details or other misuse of Services. Any User who is suspended or has the provision of Services terminated may not re-register without CHH prior consent.
11.3. The User undertakes to comply with all statutes, rules of law, regulations and codes of practice in relation to the purchase, storage, use and sale of goods and Services.
12. Intellectual Property
All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to CHH or otherwise used by CHH as permitted by law. In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
13. Links to Third Part Websites
CHH Website may include links to third party Websites that are controlled and maintained by others. Any link to other Websites is not an endorsement of such Websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
14.1. CHH reserves the right to change or remove (temporarily or permanently) the Website or any part of it and you confirm that CHH shall not be liable to you for any such change or removal and change these Terms and Conditions at any time, In such event, User’s will be informed via CHH home page on the Website. The provision of the Services will be governed by any altered Terms and Conditions 7 days after such Terms and Conditions appear. If any User does not wish to be governed by the new version of the Terms and Conditions, that User should notify CHH and thereafter cease to use the Services with effect from the date when the new Terms and Conditions come into force.
14.2. Any notice to be given in writing under these Terms and Conditions will be validly served if given by email, or mail to (in the case of the User) the contact methods given to CHH by the User or (in the case of CHH) to the appropriate contact methods specified on the Website.
14.3. CHH rights under the Terms and Conditions may be exercised as often as necessary, are cumulative and not exclusive of its rights under the general law and may be waived only in writing and specifically. Delay in exercising or non-exercise of any right is not a waiver of that right.
14.4. Any right of rescission conferred upon CHH by the Terms and Conditions shall be in addition to and without prejudice to all other rights and remedies available to CHH.
14.5. The Terms and Conditions and the documents referred to in it constitute the entire agreement and understanding between the parties and supersede any previous agreement between the parties relating to the subject matter of the Terms and Conditions.
14.6. CHH may assign or sub-contract its rights or obligations under these Terms and Conditions. Assignation or sub-contracting of the User’s rights and obligations will be permitted only with the prior written consent of CHH.
14.7. Each party acknowledges and agrees that in entering into the Terms and Conditions and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) of any person (whether a party to the Terms and Conditions or not) other than as expressly set out in the Terms and Conditions. Nothing in these Terms and Conditions shall, however, operate to limit or exclude any liability for fraud.
14.8. Neither party will be liable for any breach of these Terms and Conditions due to a matter outside that party’s reasonable control.
14.9. If any provision of the Terms and Conditions becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other provision of the Terms and Conditions or the legality, validity or enforceability in any other jurisdiction of that or any other provision of the Terms and Conditions.
14.10. Nothing in these Terms and Conditions is intended to or shall operate to create a partnership or joint venture of any kind between the parties, or to authorise either of the parties to act as agent for the other, and neither of the parties shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
14.11. These Terms and Conditions shall be governed and construed in accordance with the law of England and both parties hereby submit to the exclusive jurisdiction of the English courts.