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Terms and Conditions

August 31, 2024 by Sushant

Lettingsaway terms and conditions:

We are pleased that you are interested in our general terms and conditions. On the one hand, you describe specifically the relationship between you and us, “Lettingsaway” a product of “Felda rental services private limited”  and on the other hand, the relationship between the holidaymaker and landlord. We always strive to present our terms and conditions transparently. So feel free to take a moment to read.

1 Recognition 

The following General Terms and Conditions (GTC) apply exclusively to all services, deliveries and offers provided by Lettingsaway.

By visiting one of our website (www.lettingsaway.com)

The provider does not accept any other general terms and conditions.

2 Our service

The provider publishes advertisements for holiday accommodations of web portal users who want to rent a holiday accommodation (hereinafter referred to as the landlord) and compiles them for web portal users who want to rent a holiday accommodation (hereinafter referred to as the tenant) for siding and contact. The publication of the advertisements includes an overview of possible booking periods as well as a possibility of direct contact between landlords and tenants. Parties to a subsequent rental contract for a stay in the holiday apartment are exclusively the landlord and the tenant, but not the provider.

 3 Registration

  1. The use of the provider’s web portal requires registration for the landlord. Personal data is transmitted here. The landlord assures that he provides truthful and complete information. The data must be kept up to date by the landlord. The provider is entitled to temporarily or permanently exclude landlords from using the web portal in the event of untrue or incomplete information.
  2. By registering, landlords receive their account with the professionals dashboard on the provider’s web portal. This is protected by a password determined or automatically generated by the landlord. The landlord is obliged to treat his account data confidentially and, if necessary, to report misuse by third parties to the provider.
  3. For the tenant, a transmission of personal contact data is necessary to contact the landlord as well as the booking request process.
  4. At the same time, the tenant agrees that after submitting a booking request, a free registration takes place and a tenant account will be created. The free account, which tenants can use after confirmation, offers the possibility to view and manage data and inquiries comprehensively as well as to make communication with the landlord simple and easy via a message area. With the personal account, individual wish lists with accommodations can also be created, stored and shared with friends or family. Tenants also benefit from the protection created by the traceability of misused data. The account can be deleted at any time in the personal data settings area.

4 Prices and Advertisements

  1. Landlords are able to offer holiday accommodation to tenants via advertisement using the provider’s web portal. The landlord has to subscribe to a membership plan at the time of creating the account  to the provider for the advertisement. The current prices of the provider apply. These can be found in the provider’s web portal. The provider reserves the right to update the prices and, if necessary, to post advertisement offers from landlords only against the current prices.
  2. The landlord can set descriptions and illustrations of a holiday accommodation (= a completed rental unit such as a single holiday apartment) per advertisement. The landlord assures that the descriptions and illustrations as well as other submitted material are free of third-party rights, in particular copyright and trademark rights. Furthermore, the landlord assures that neither the descriptions, nor the illustrations and other submitted material contain criminal content, pornography and rough expression. For the content of the descriptions and illustrations, the landlord or Adjuster himself is responsible.
  3. The provider is entitled to shorten, summarise or not publish the content of the submitted materials such as illustrations or descriptions. Furthermore, the imaging may lead to colour losses or deviations in size or ratio due to necessary compressions. The landlord agrees to this.
  4. The landlord grants the provider a non-exclusive, sublicensable, free, transferable, worldwide licence for the use of any content of the advertisement published by the landlord on the web portal. This licence ends if the landlord deletes the published content individually (the removed content on a pro rata basis) or the entire advertisement from the provider’s web portal or the contractual relationship ends.
  5. The payment methods are based on the currently valid conditions of the provider and can be found in the web portal.
  6. The tenant does not incur any costs due to the use of the web portal.

4(i) Ranking

  1. The provider determines the order of the search results in the web portal according to certain parameters (“ranking”). If the landlord meets these parameters, he will be listed correspondingly higher in the search result lists. The main parameters for the ranking used by the provider are the following:
    1. In a full-text search, categorised into the title, description and equipment of the advertisement is categorised, whereby the relevance of the categories decreases in the same order.
    2. When using filters, the provider uses a punishment ranking, which is divided into quality-based punishments and view-based-punishments. The quality-based punishments are primarily before the view-based punishments. If an advertisement receives a Punishment, it will be displayed correspondingly lower in the list of results.
      1. A Quality Based Punishment receives an advertisement if the advertisement prices or the booking calendar are not maintained. If only one of the two features is not maintained, the advertisement is displayed lower in the result list than an advertisement in which both features are maintained, but higher than an advertisement in which both features are not maintained.
      2. A view-based placement receives an advertisement if it is accessed more often than another advertisement. Thus, the equal distribution of the calls of the advertisements is to be ensured.
    3. Insofar as two advertisements are listed equally based on the provider’s ranking methods, the ranking is determined by an hourly changing random generator value.
  2. In addition to a ranking according to the fulfilment of the main parameters from para.1, there is the possibility for landlords to purchase a paid additional service(Featured listing), which displays the advertisement of the landlord in the form of a banner next to other advertisements at the beginning of the respective search result lists and/or region pages (“top advertisement”).
  3. Lettings away will also advertise and SEO  the rental accommodation over the social media pages according to the membership plans.

4(ii) Additional sales channels and partner programs

In addition to the web portal, the provider also markets the advertisements through websites or programs that collect related content elements and display or link them (“Internet aggregators”).

4(iii) Ancillary goods and services

  1. The provider arranges travel cancellation and travel health insurance from third-party providers on the web portal.
  2. The landlord is not allowed to offer ancillary goods and services on the provider’s web portal. Excluded from this are offers that directly relate to the advertisement.

 5 Conclusion of contract

  1. By submitting an advertisement to the provider, the landlord submits an offer to the provider to advertise a holiday accommodation. The contract is concluded either by commitment of the provider or by publication of the advertisement on the provider’s web portal. The provider is entitled to refuse advertisements without giving reasons.
  2. The duration of the contract depends on the currently valid conditions of the provider and can be found in the staggered form of the provider’s web portal. Unless otherwise agreed, the contract period is regularly based on your purchase of the membership plan. The selection from the possibly specified periods lies with the landlord. An early ordinary termination of the landlord is not possible.
  3. The provider is entitled to remove the landlord’s advertisement from the offer if circumstances become known that make the provider unreasonable for the provider to make a further advertisement. This is particularly the case when justified complaints from tenants about the condition of the apartment or the behaviour of the landlord become known to the provider. If a termination of the circumstances is possible, the landlord may demand a reinstatement of the advertisement after posting. The deposition must be documented by the landlord. The interruption of the advertisement does not justify an extension of the advertisement period, nor a reduction or repayment of the provider’s claim to remuneration.

5(i) Contract- extension and termination

  1. Advertisement contracts concluded from the date when the membership plan is subscribed.The membership plan is non renewal programme, Landlord will be informed 3 weeks prior of the membership expiration date. If an advertisement extension by the landlord is not or no longer desired, it is possible to deactivate the advertisement extension. This is equivalent to an ordinary termination at the end of the contract and can be changed as desired during the term of the contract. Alternatively, there is the possibility of a written termination at the end of the contract to the provider by email or via the contact form of the web portal. In the event of termination, the contractual services of the provider will be maintained until the end of the contract.
  2. The contract conditions of the advertisement extension are based on the current conditions of the provider at the time of the contract extension for the previously booked advertisement offer. These can be viewed on the provider’s web portal. Any discounts and special conditions granted at the time of the initial conclusion of an advertisement contract do not continue to apply to the advertisement extension. If the conditions of the advertisement extension have changed compared to the previous conditions to the detriment of the landlord, the landlord has a special right of termination with immediate effect, which he can make use of within two weeks from the date of extension.
  3. If a contract to be extended is no longer offered by the provider at the time of renewal, an extension is excluded. The landlord then has the possibility to conclude a new advertising contract with the provider.
  4. To settle the then newly due amount from advertisement extension, the same payment method is used that was already chosen by the landlord for the first contract period. Any already granted direct debit or debit authorization of the first contract period in favour of the provider as well as the associated storage authorization of payment-relevant data continue to exist. The landlord agrees to this. The right of the landlord to revoke his collection or The power of attorney and the storage of payment-relevant data remain unaffected.
  5. The aforementioned regulations for the advertisement extension of these apply exclusively to landlords who have opted for the payment method “by direct debit”, “by credit card” or “by bank transfer”. Upon joining the platform, the provider guarantees a minimum of 7 weeks of reservations within a 12-mont period. If the provider is unable to fulfil this guarantee, the landlord is eligible to apply for a refund of the membership fee after 12 months from the date of joining.

6 Booking Guarantee

Upon joining the platform, the provider guarantees a minimum of 7 weeks of reservations within a 12-mont period. If the provider is unable to fulfil this guarantee, the landlord is eligible to apply for a refund of the membership fee after 12 months from the date of joining.

7 Liability and exemption

  1. The provider is not liable for damages or other claims arising from the contractual relationship between landlord and tenant. The activity of the provider is limited purely to the publication of advertisements. Moreover, The provider will provide an agent in this matter to go through the scenario between the landlord and tenant to solve the problem. Landlord must submit their request within 3 days from the tenant check out.
  2. For the payment request submitted on time, Provider will send the confirmation email and follow up email to discuss the next steps- such as furthermore documentation from the landlord and tenant- within 24 working hours.
  3. Once Provider has received sufficient information from botht eh parties, Provider will review all documentation, evaluate the payment request and contact the landlord and tenant upon completion of the case.
  4. Landlord can ask for the security deposit at the time of reservation with the tenant.

8 Customer testimonials and opinion contributions

On the provider’s web portal, users have the opportunity to write and publish experience reports and opinions as well as a review about the holiday accommodations. The use of this function is subject to its own policy, which can be viewed before publication. The opinions and evaluations are publicly available. Landlords/tenants/users agree to the currently valid version of these guidelines. The decision on publication is exclusively subject to the provider. There is no claim against the provider for publication, deletion or modification by the landlord/tenant/user, unless there are legal obligations to do so. In the course of the qualified impression transfer, these contributions can also contain critical content. The landlord expressly agrees to this. However, the guidelines for the publication of opinions contain provisions that prohibit a defamatory and non-objective evaluation standard as well as other unqualified content by the user.

9 Availability of the web portal/changes

The provider makes every effort to ensure the complete availability of the web portal. Nevertheless, there may be temporary failures, e.g. for maintenance reasons. The temporary failure of the web portal does not give rise to any claims against the provider. The provider is also entitled to change the functions and design of the web portal without this having any influence on the contract.

 10 Final provisions

  1. The provider is entitled to change the content of the TC without giving reasons with the consent of the customer (landlord, tenant, user). The changed conditions will be sent to the registered customer (landlord, tenant) by e-mail no later than 15 days before their entry into force. If the customer (landlord, tenant) does not object to the validity of the new TC within four weeks of receipt of the e-mail, the amended TC shall be deemed to have been accepted. The consent to the contract amendment is deemed to have been granted unless the customer (landlord, tenant) objects to the amendment in writing within four weeks of receipt of the change notification. The provider undertakes to inform the customer (landlord, tenant) of the consequences of a failure to object with the change notification.
  2. The landlord is responsible in the event of a disagreement regarding
    1. Suspected non-compliance with one of the obligations under Regulation (EU) 2019/1150 (“P2B-VO”) by the provider, which affects the landlord;
    2. Technical problems that are directly related to the provision of the web portal and affect the landlord;
    3. Measures and behaviours of the provider that are directly related to the provision of the web portal and affect the landlord;
  3. The free complaint management of the provider is available at any time. In the event of a complaint, the landlord can contact the free complaint email of the provider at any time:support@lettingsaway.com. The individual complaints will be examined after receipt by the provider and the landlord will be informed of the result of the complaint by the provider within a reasonable time.