2017/02/28 by Flying Holiday Homes BV
General Terms and Conditions for Using the Public Domain
of the Flying Holidays Homes Service
Welcome to FlyingHolidayHomes.com, a business unit of Koolen & Van Oirschot Holding (hereinafter referred to as "FHH"), Jan Miense Molenearplein 3, 2102CE Heemstede, The Netherlands.
These General Terms and Conditions are valid from January, 2017.
If you are using FHH as a consumer, you have the following right of withdrawal.
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us by sending an e-mail to email@example.com or via a letter to our company address.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Section 1: General
1. FHH operates databases accessible via the Internet in which, via the so-called Public Domain, legal entities and natural persons capable to enter into legal transactions without limitations (hereinafter referred to as "participants") may advertise movable holiday homes for sale against payment of a fee (advertisement function), and in which said entities and persons can search for movable holiday homes by means of the search function provided by FHH.
2. FHH Service is generally open to participants acting as private or business sellers.
3. FHH merely provides the technical requirements, in the form of databases, by which information (advertisements) is conveyed without in any influencing the contents of advertisements. In particular, FHH is not itself the party offering the advertised movable holiday homes for sale.
4. FHH is not involved in the relationship between the seller and the party interested in the purchase, or buyer, neither in the capacity of an intermediary nor as a party or representative of any party. Agreements that were initiated as a consequence of an advertisement being placed on FHH shall be concluded and implemented without FHH participating.
Section 2: Scope of Services
1. FHH is under the obligation of providing an input mask for advertisements, of activating the advertisements placed via the input mask, and of ensuring that the advertisements in the FHH databases can be retrieved via the Internet. Display and scope of operation may vary as the access may be, e.g. via the FHH website or mobile applications.
2. FHH promotes the FHH Service and advertisements placed by the participants on its own and through third parties in particular by including the advertisements or parts thereof on other websites, in software applications, emails or print media, radio or television broadcasting campaigns. To this end FHH can also provide third parties access to the data, information and content posted on the FHH Service. The participant herewith consents to having his advertisements translated for the purpose of integrating them into foreign websites, software applications or similar services.
3. The participants are entitled to use the FHH Service and its functions only within the scope of the current state of technology.
4. FHH reserves the right to temporarily restrict the possibilities of placing and retrieving advertisements if this is required due to capacity limits, for purposes of server safety or integrity or in order to implement technical measures and if this serves to provide for a due and proper, or improved, performance of the contractual services owed (maintenance work). In so doing, FHH shall take into consideration the legitimate interests of all users, in particular by informing them prior to taking the above measures.
5. In particular technical reasons may mean that it is not possible, or possible only to a limited extent, to retrieve activated advertisements (unexpected system failures).
Section 3: Registration and user account
1. The use of the FHH Service requires a registration. The registration is free.
2. Only legal entities and natural persons capable to enter into legal transactions without limitations may register. In particular, minors are prohibited from registering.
3. The information a participant has to provide during registration has to be provided completely and correctly. The participant is required to correctly disclose his status as a private or business seller. The registration requires a valid email address. A participant must choose a personal password which is to be kept secret and may not be disclosed to third parties.
4. In case the information provided during registration changes at a later date, the participant is obligated to update this information in his user account promptly.
5. The participant is obligated to verify the information provided at the time of registration and after every change.
6. FHH reserves the right to delete user accounts which have been inactive for a period of 12 months.
Section 4: Insertion and extension of advertisements
1. Advertisements can be inserted and extended for a certain time span. An advertisement can be relisted indefinitely. Ended advertisements can be found via the FHH search functionalities for a period of 90 days after expiration.
2. An advertisement may be deleted by the participant at any time. Should an advertisement be deleted by the participant, no reimbursement of an advertisement price already paid shall be made, unless the participant can provide evidence that no damage or a significantly lower damage has occurred.
Section 5: Due Date of the Advertisement Remuneration, Payment
1. Payment for an advertisement will be invoiced with a 30 day payment term. The invoice for the inclusion of advertisements in the databases shall be sent in advance, that is, before the advertisement is included in the database. If no payment is received within the payment term FHH has the right to make the advertisement inactive.
Section 6: Deletion of Advertisements, Blocking and other Measures
1. FHH may delete advertisements or make them inactive, if in terms of their content or layout, the advertisements is inappropriate or misleading.
2. FHH may finally and conclusively suspend a participant from using the FHH Service, if the latter has repeatedly placed inappropriate or misleading advertisements.
3. Participants may terminate the user agreement at any time. For this purpose a participant can delete his user account at any time.
4. FHH may terminate the user agreement at any time with a cancellation period of 14 days. The right of suspension remains unaffected.
Section 7: Price Modifications
1. Price modifications shall be announced by modifying the Price List retrievable via the Internet, stating the date of modification. The new advertisement price shall apply for the advertisements placed in the database and extended as per the date of amendment or modification. An advertisement which is active during the price change will expire according to the previous conditions.
Section 8: Requirements as to the Contents and Layout of Advertisements
1. Only those advertisements are permitted which serve to sell movable holiday.
2. The participants are under the obligation of providing complete and correct information with regard to the product.
3. When placing the ad, the participant must disclose the products condition in case the product is a used product.
4. During the term of the advertisement, the participant must be able to promptly conclude a legally effective sale agreement as to the offered product with an interested party, to hand over the product at the specified date of availability (used movable holiday homes) or, respectively, at the date of delivery (new movable holiday homes), and to have ownership in the product devolve onto said interested party.
5. The advertisements may be illustrated with photographs. The participant undertakes to place only such photographs in the FHH databases which it is authorized to use without restrictions and which are not encumbered with third-party rights - in particular not with intellectual property rights of third parties. The photographs used may not be misleading and must reflect the actual conditions of the product being offered in the advertisement. If the participant uses pictures from a catalogue, such use must be separately indicated.
6. Where FHH provides certain seals of quality, guarantee marks or other symbols of trustworthiness, a participant is obliged to take care that they are only displayed in ads for movable holiday homes that qualify for them. Other symbols of trustworthiness may only be used if so authorized by FHH.
7. In its wording, content, visual layout and intended purposes, the ad may not violate statutory provisions or public decency. Persons engaged in business must in particular comply with the regulations of the Copyright Act and the Trademark Act.
8. The participant is obliged to provide correct and truthful prices. Ads with prices that are clearly incorrect or misleading are not permitted.
9. It is generally not permitted to include links to external websites, other services and external sources of information in an ad unless they are strictly required for legal reasons. Links in this sense also refer to email addresses and non-activated web addresses (URLs) and parts thereof. Exempted are links, inserted into the free text of the ad, to the participant's own website, own externally hosted pictures of the product, PDF files and multimedia presentations, if these contain additional information about the advertised product (e.g. product reports, user manuals, etc.).
10. Specifying service telephone numbers, which, when dialed, result in higher telephone charges for callers, is not permitted.
Section 9: Responsibility for the Contents of Advertisements
1. Solely the participant shall be responsible for the contents of the advertisements. FHH shall review the advertisements neither for correctness nor completeness. FHH will not enter into any warranty for the correctness and completeness of advertisements. In case FHH support the input of content in the system it will stay the responsibility of the advertiser validate this work.
2. FHH excludes any and all warranty and liability for the compliance of advertisements with statutory provisions.
3. FHH in particular excludes any and all warranty and liability arising from the fact that sale agreements initiated or concluded on the basis of FHH advertisements are unenforceable according to the national law of an affected state, or in any other way result in legal or economic disadvantages for one or both parties to the sale agreement.
Section 10: Indemnification
1. The participant shall release FHH from any and all claims asserted by third parties against FHH because their rights are being violated by the participant's advertisement or by any other use of the FHH service by the participant. In so doing, the participant shall also assume the necessary costs incurred by defending the rights of FHH, including any and all legal and court fees. This shall not apply if and to the extent the participant is not responsible for the violation of rights.
Section 11: Database Updates, Deletion of Advertisements
1. In order to make the product search as interesting and successful as possible, FHH takes all efforts to update its databases. This is why product advertisements are to be deleted by participants as soon as the product on offer has been sold or is no longer available for other reasons.
2. Each participant is responsible to archive information publicly available through the FHH Service needed for the purposes of keeping proof, accounting or other purposes, on independent storage media.
Section 12: Manipulation of Product Search and Disruption of System Integrity
1. Participants may search for movable holiday homes in the FHH databases exclusively by means of the search masks offered by FHH. It is not permissible to search for movable holiday homes by passing the search masks, in particular by using search ware accessing the databases of FHH. Non-compliance will be prosecuted, among other aspects, under civil law under the aspect of interference with an established and operating business and will have consequences under criminal law under the aspect of illegal interference with affiliated industrial property rights.
2. Activities targeted at rendering the FHH Service dysfunctional or complicating its use are prohibited. The participant may not take any measures that may result in a strain on the FHH infrastructure that is excessive or that users cannot reasonably be expected to tolerate. Participants shall not be permitted to block, rewrite or modify contents generated by FHH, or in any other way to create a disturbance by interfering with the FHH Service.
3. It is not permitted to falsify or manipulate the results of the product search functionality of the FHH service by entering incorrect or misleading information, by inserting a product in the wrong category, by using technical means or any other misuse of the functionalities of the FHH Service.
Section 13: Warranty
1. If the participant is entitled to statutory warranty claims, FHH shall initially have the right to subsequent fulfillment of contractual obligations. This shall be effected by extending the advertisement period for the advertisement placed [in the database] by the respective participant.
2. In cases of force majeure, FHH shall be released from its obligation to perform. All unforeseeable events shall be deemed to be force majeure, as well as such events for the effects of which on the performance of the agreement neither of the parties is responsible. Such events shall include in particular legitimate measures of collective action, also in third-party companies, official measures taken by authorities, the failure of communication networks and gateways of other providers, disturbances in the area of network operators and other malfunctions, also in case such circumstances occur in the area of subcontractors, sub-suppliers, their own subcontractors, or operators of sub nodal data processors. No claims shall result for participants for any failures for which FHH is not responsible.
Section 14: Limitation of Liability
1. Except if essential contractual obligations are violated, FHH shall be liable for damages vis-à-vis companies only if and to the extent FHH, its legal representatives, senior executives or other persons employed by FHH in the performance of its obligations are culpable of having acted intentionally or with gross negligence. Should essential contractual obligations be violated, FHH shall be liable for any culpable conduct of its legal representatives, senior executives or other persons employed by FHH in the performance of its obligations.
2. Vis-à-vis consumers, FHH shall be held liable only for intentional and grossly negligent conduct. In case of essential contractual obligations being violated, of a debtor defaulting or of FHH being responsible for it being impossible to perform contractual obligations, however, FHH shall be liable for any culpable conduct of its legal representatives, senior executives or other persons employed by FHH in the performance of its obligations.
3. With the exception of intentional or grossly negligent conduct of legal representatives, senior executives or other persons employed by FHH in the performance of its obligations, the liability of FHH shall be limited in its amount to damages typically foreseeable at the time the agreement is concluded.
4. A liability for the compensation of indirect damage, in particular for lost profits, shall only be given in case of intentional or grossly negligent conduct of legal representatives, senior executives or other persons employed by FHH in the performance of its obligations.
5. The above referenced exclusions and limitations of liability vis-à-vis entrepreneurs or consumers shall not be applicable in case of specific guarantees having been made by FHH, nor in case of damages resulting from injury to life, limb or health or the violation of mandatory statutory provisions.
Section 15: Copyright and Usage Rights
Any and all data, information, company logos, texts, programs and images of advertisements placed on the FHH Service shall be subject to copyright laws. The modification, further processing and usage by third parties in media of any kind is not permitted. The participant's rights shall remain unaffected hereby. It may continue to freely dispose of its own data and information.
Section 16: Exercise of rights by third party, transfer of contract
1. FHH has the right to fully or partially transfer the contract to a third party with a notification period of four weeks. In this case a participant may terminate the contract. For this purpose, a participant can delete his user account at any time.
Section 17: Place of Performance, Applicability of Dutch Law, Jurisdiction
1. To the extent the participant is an entrepreneur, the agreement to use the FHH Service and databases of FHH in its application and interpretation, be subject exclusively to the laws of the Netherlands. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11th, 1998 shall be excluded.
2. To the extent the participant is a consumer, the agreement to use the FHH Service and databases of FHH, shall be subject to the laws of the Federal Republic of the Netherlands, unless there are mandatory statutory provisions, in particular consumer protection provisions, to the contrary.
Section 18: Severability Clause
1. The ineffectiveness of individual provisions of the present General Terms and Conditions for Using the Public Domain shall not affect the validity of the remaining provisions. Such ineffective provisions shall be replaced primarily by legally effective provisions which come as close as possible in economic terms to said ineffective provisions.
By using the FHH platform you agree on all terms above.