Big Blue Sea Ltd ("Big Blue Sea", "we" or "us") provides access to the www.Coolstays.com web site ("the Site") for property owners and agents (“advertisers”) and people using the site other than that to advertise property (“users”). Please read the Terms carefully before using the Site.
1. The Site is operated by Big Blue Sea Ltd, a company registered in England and Wales. Our company registration number is 7804381. Our registered office is at 15-17 Middle Street, Brighton, BN1 1AL, UK. Our VAT registration number is GB127252921.
3. The Site lists various types of holiday accommodation available for rent. For avoidance of doubt, unless explicitly stated in the offer or sale description, offers are for accommodation only.
4. Separate terms and conditions may apply to your reservation and purchase of the items purchased through any listing on the Web Site. You agree to abide by the terms or conditions of purchase imposed by any provider with whom you contract.
5. We provide an advertising service for advertisers and a property search facility for users. We do not own, manage or inspect any of the properties advertised on our site. We have absolutely no involvement in the reservation process, although we may provide tools to enable the transaction between advertiser and user. We make no claims as to the safety or legality of any of the properties advertised. Neither are we able to confirm the accuracy of any the map references, listings or their reviews. It is the sole responsibility of the Advertiser to be eligible to rent the property and the sole responsibility of the member to pay for the rental.
6. Consideration and thought should always be given to the nature of advertisements and contracts transacted on the Internet, and the risks involved. Although we enable and encourage advertisers and users to make direct contact with each other you must proceed with care and judgement when using our site.
7. Any contract arising from the use of our site is directly between an advertiser and a user and we are not a party to that contract. In recognition of this, you accept that any claim you may have that is in any way connected with a dispute you have with another user and/or advertiser on our site must be brought directly against that user or advertiser and not against us. We will not enter into any dialogue or correspondence regarding a dispute or complaint against another user and/or advertiser on our site.
8. All copyright, database rights, trademarks and design rights in our site and in the content published on it belong to us or our advertisers.
9. You understand that you, and not we, are responsible for all electronic communications sent from your computer to us and you must use the Site for lawful purposes only.
You shall not use the Site for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Site in a way that may cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
You must not misuse the Site (including, without limitation, by hacking).
Note that we will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any Materials in breach of this section.
You are prohibited from posting, linking to, or transmitting to or from this Site any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of copyright or any other intellectual property right, in breach of privacy, which may cause annoyance or inconvenience or which may reasonably be considered incitement to violence;
- for which you have not obtained any necessary approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
This does not, of course, affect any other rights that you may have (including the right of termination detailed below);
You must not systematically extract and/or re-utilise parts of the Content of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Site, without our express consent. You also may not create and/or publish your own database that features substantial parts of the Site without our express written consent.
10. When you visit the Site or send e-mails to us, advertisers or other users of the site, you are communicating electronically. You will always be given the option to unsubscribe from promotional e-mails. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11. We will use every reasonable effort to ensure the uninterrupted availability of the Site and that transmissions will be error-free. Due to the nature of the Internet, this cannot be guaranteed. The Site is subject to constant change and we reserve the right to suspended or restrict access to any part of the Site, or to the whole Site, without notice, for repair, maintenance, updates or service additions. You agree that we shall not be liable to you or any third party for any modification to the Site, and any failure, suspension or withdrawal of all or part of the Site.
12. We are not responsible for the availability of any external sites or resources. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy policies or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other Materials (as defined below) or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
13. You agree not to attempt any unauthorised access to any part or component of the Site, and you agree that in the event that you have any right, claim or action against any Site users arising out of that user's use of the Site, then you will pursue such right, claim or action independently of and without recourse to us.
14. If you decide to register with us, in doing so you agree:
that you are over 18 years of age;
to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration process;
to maintain and promptly update the information to keep it true, accurate, current and complete; and
not to divulge your account password and that you will be responsible for any misuse of your password, whether by you or any third party.
You are responsible for maintaining the confidentiality of your email address, user ID, password or account. You agree to: (i) immediately notify us of any unauthorised use of your email address, password, user ID or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.
15. All software, artwork, graphics, video, text, interfaces, trademarks, logos, images, photographs, and any other element of the Site (collectively "Content"), including but not limited to the layout, election, organization, and co-ordination of such Content on the Site is the property of or is licensed to Big Blue Sea, and is protected by trademark, copyright, and other intellectual property rights laws.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all Materials or Content supplied as part of the Site shall remain at all times vested in us or our Licensors. You are permitted to use Materials and Content only as expressly authorised by us.
16. You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Conditions by you or any other liabilities arising out of your use of the Site, or the use by any other person accessing the Site using your computer or internet access account.
17. Neither Big Blue Sea Ltd nor any of its directors, employees or other representatives will be liable for any loss or damage of whatever nature (direct, indirect, consequential or other) which may arise as a result, directly or indirectly, from the use of any of the information or material contained in this Website and/or use of or access to any other information or material via web links from this site or any inability to access or use this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, loss of data, income or profit, loss or damage to property and claims from third parties. Not withstanding the foregoing, none of the exclusions and limitations in are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Big Blue Sea’s liability to you for death or personal injury resulting from our negligence or that of our employees or agents. If any of these exclusions, in whole or part, is found to be unlawful, void or for any other reason unenforceable, that exclusion or part of the exclusion shall be deemed removeable, and shall not affect the validity or enforceability of the other exclusion(s) or part(s) of the exclusion(s) in question. We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including without limitation strikes, lock-outs, and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
18. We make no representations or warranties of any kind with respect to the site, its contents or as to the services offered by us, or on our behalf, or any information relating to such services and we disclaim all such representations and warranties. In addition we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published in this site. The information in this site may contain technical inaccuracies or typographical errors. All liability of Big Blue Sea howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
20. These Terms shall be exclusively governed by, and construed in accordance with, the laws of England and Wales whose courts will have exclusive jurisdiction in any dispute, save that, to enable us to protect our interests and the interests of our Licensors, we have the right, at our sole discretion, to commence and pursue proceedings in other jurisdictions.