Holiday and Travel - Auction

1. Definitions

“Holiday and Travel” Auction
- online auction and shopping website managed by the "Plus" company registered in London, United Kingdom

PRODUCT
- a physical object or allowance that may be put on sale at "Holiday and Travel" in accordance to the regulations hereby.

USER
- natural person, legal entity or organizational unit that after going through registration process has an access to the services offered by "Holiday and Travel" and is allowed to take part in online auctions as a bidder and seller

SELLER
- a person that sells products or services at "Holiday and Travel"

AUCTION
- the procedure of setting the price of a given product that leads to sale of it. The result of bidding is emerging of purchaser (or purchasers) in accordance to the regulations hereby.

2. TYPES OF AUCTIONS

2.1. There are different types of transactions (called "auctions") that take place at "Holiday and Travel". "Holiday and Travel" allows the User to access its sites to sell other Users his or her products.
2.2. The types of transactions are described as: "standard single product auction", "single product auction with Buy Now option", "single product with Buy Now only", "standard multi product auction", "multi product auction with Buy Now"

3. CONDITIONS OF PARTICIPATION

3.1. Every natural person and legal entity that is in posession of an e-mail account is allowed to obtain the "User" status on the website.
3.2. The minimum age for the participants is 18.
3.3. The products that are allowed to trade with at "Holiday and Travel" are the physical objects and services allowed by EU regulations and regulations hereby.
3.4. The auction has got "open status" - price given by Users is public and given to public knowledge at "Holiday and Travel" website with regards to the product auctioned.
3.5. Actions that have hindering and destabilization of the service as their purpose are strictly not allowed. Should they be noted by "Holiday and Travel", the Perpetrators account will be blocked and legal actions will be undertaken, including reclaiming a refund. Any action that results in destabilization (or attempts thereof) may also be considered as an offence in accordance to law.

4. REGISTERING

4.1. Registering a natural person is possible after providing our company with given name, family name, full address of residence including country and region, e-mail address, phone number, "Holiday and Travel" username, password and optionally additional information that is included in Registration Form.
4.2. Registering a company is possible after providing our company with the name of a company, given name and family name of a person that is allowed to contact "Holiday and Travel" and represent the interests of the registering company, the address of the company, including country and region, e-mail address, phone number, "Holiday and Travel" username, password and optionally additional information that is included in Registration Form.
4.3. The User is obligated to update his or her personal data as stated in articles 4.1 and 4.2 as soon as some parts of the data become obsolete. The obligation does not include alterations to the username.
4.4. Deleting the information mentioned in articles 4.1 and 4.2 while using "Holiday and Travel" services is strictly forbidden.
4.6. The User, when registering, automatically allows "Holiday and Travel" to keep and process his or her personal data. All of the personal data will be process with strict accordance to the (Personal) Data Protection Act.
4.7. Data provided by filling the registration form is being used to contact "Holiday and Travel" users and to improve the "Holiday and Travel" services in accordance to the needs and personal requirements of Users.
4.8. Data of Users participating in "Holiday and Travel" auctions, including e-mail addresss, given name, family name, address and phone number, is passed on to the Seller during an auction to allow both parties to finalize the transaction, and name and data including given name, family name, e-mail address and phone number are passed on to the Seller to allow verification of an offer during an auction.
4.9. The User is allowed to access and alter his or her personal information by accessing the "Holiday and Travel" sites. The User is allowed to demand deleting his or her personal data from the database. "Holiday and Travel" reserves the right to refuse deletion shall the need for it arise from the legal point of view.
4.10. Using third parties' accounts and allowing third parties to use the User's account is strictly forbidden.
4.11. Using more than one account to avoid payments and/or to break the regulations thereby in any way is strictly forbidden.

5. PRIVACY

“Holiday and Travel” ensures safety of the data of its Users. Our safety procedures ensure that the data will not be altered by third parties and no interference will take place. We undertake actions that have got full protection of personal databases as ther aim and the access to the personal databse is strictly restricted. Only a very small group of trusted employees has got an access to the personal database of Users.
The User, by accepting the regulations thereby, accepts the data treatment policy of "Holiday and Travel" at the same time. "Holiday and Travel" shall not mistreat the personal data and/or use it in any other ways than those specified hereby.
Data disclosure may take place only shall the need for it arise due to the legal points of view.

6. CONFIDENTIALITY

6.1. Personal data, addresses and information regarding payments will be passed on to the Sellers only to allow the transaction to be completed and to third parties only should legal circumstances arise.
6.2. Every User is entitled not to disclose any personal information regarding other Users, should he or she enter the possesion of aforementioned data due to the usage of "Holiday and Travel" services. Using Users' e-mail addresses for spamming or harassing is strictly forbidden and legal action will be undertaken should it take place at any time.

7. RUNNING AN AUCTION

7.1. Bidding an offer and every other activity at auction is legally binding and cannot be withdrawn by the Buyer.
7.2. The User should make every effort to ensure that his or her account is not used in an improper manner, i.e. that the offers made are not reckless and inconsiderate, errorneously, or without prior acknowledgement of the rules hereby and the EU law.
7.3. Closing an auction takes place when the time given for an auction has ran off, when the Buyer has used the “Buy Now” option or when the Seller has decided to close his or her auction prematurely.
7.4. In a “single product auction” a winning offer is an offer of the highest value (when a “minimum price” has been set up by the Seller it needs to be reached beforehand). In a “multi-product auction” winning offers are the offers of the highest value that, at the same time, are held within the group of objects put up for auctioning by the Seller. There is a possibility of withdrawal from purchase for the last of the Buyers, should the amount of products he bought is less than the amount he bid for. Should such situation arise, neither the Seller is not obligated to sell the product.
7.5. Offers made during the auction are valid until the auction is closed or should they be withdrawn/rejected by the Seller (Acceptable reasons are: personal request of a Bidder, lack of response from Bidder – e.g. due to false personal information supplied, large amount of negative feedback or any other reason that may result in no trust being put by a Seller in a Bidder; stealing or damaging the object) .
7.6. Should a particular offer be outbid and should the Bidder be removed by “Holiday and Travel”, the Seller accepts the highest one of the valid offers.

8. CONCLUSION OF AN AGREEMENT

8.1. An agreement is being concluded at the time of the end of an auction. An exception is an multi-product auction Buy Now, where an agreement is being concluded when an option Buy Now has been used (even if an auction is still running after one of the products that are being auctioned has been bought).
8.2. Both the Buyer and the Seller should get in contact with eachother no later than seven days after the end of an auction. Should there be no response from the Buyer in that time, the Seller is allowed to not sell the product given.

9. TAX, PRICES

9.1. Prices of products and services are pre-taxed, and so they do not contain/include the taxes (in cases where a tax should be included).
9.2. “Holiday and Travel” issues an invoice, should a need for it arise a User is kindly asked to contact “Holiday and Travel” with an appropriate request.

10. PAYMENTS AND COMMISSION

Services provided by “Holiday and Travel” are paid. Details of payments and commissions are to be found at www.holiday-and-travel.co.uk

11. RESPONSIBILITY OF “Holiday and Travel”

11.1. “Holiday and Travel” takes no responsibility for the behavior of Sellers, neither does it take responsibility for the products and services sold at auctions.
11.2. “Holiday and Travel” takes no responsibility for the quality, safety or legality of the products and services sold at auctions. Neither does it take responsibility for the factual accuracy of the descriptions, Sellers’ ability to sell the products and the Buyers’ solvency. “Holiday and Travel” makes attempts to verify the information regarding products auctioned as much as possible and undertakes actions that have exclusion of illegal products and actions as their aim.
11.3. “Holiday and Travel” has no possibilities of supervision over finalizing the auction and of supervision over propriety of transactions made as part of an auction.
11.4. “Holiday and Travel”, its representatives and employees can in no way be held responsible for any transaction made with the help of “Holiday and Travel” services, including claims regarding products and services auctioned and claims regarding discrepancies between product descriptions and their actual appearance and the amount of price offers.

12. USER FEEDBACK SYSTEM (COMMENTS)

12.1. Users are offered to use Make Comment option. This option can be used to state User’s opinion about the transaction.
12.2. The User that makes the comment is fully responsible for the comment’s contents. The information contained within a coment must be full, actual and cannot contain anything that is against law. “Holiday and Travel” does not interfere anyhow in the contents of the comment.
12.3. Actions that have got increasing the User’s credibility in a false way by giving additional points for positive comments as their purpose are strictly forbidden.

13. REMOVAL OF USERS

13.1. “Holiday and Travel” reserves right to suspend an account that belongs to a User that breaks any of the rules hereby, in particular when either selling outside an auction, spamming, promoting competing auction sites or using expletives are found to take place. 13.2. A person that has got his or her account suspended cannot register for the second time, unless allowed to by “Holiday and Travel”.
13.3. “Holiday and Travel” reserves the right to suspend an account that belongs to a User that has been deemed to perform actions deemed to be harmful to the auction site.

14. THE ROLE OF “Holiday and Travel”

14.1. Products or services offert at auctions are being put on sale by Users. “Holiday and Travel” does not represent any of the sides and does provide both sides (the Buyer/Buyers and the Seller) with auctioning services that allow both sides (the Buyer/Buyers and Seller) to make a transaction only.
14.2. “Holiday and Travel” does not check nor does it verify any of the products offered at auctions, but at the same time, “Holiday and Travel” reserves the right to remove every auction that does break the rules hereby or that does break the law in any way. The auctions that have been removed cannot be restored in any way or at any point.
14.3. “Holiday and Travel” has got the right to remove an auction or to change the category of an auction, that – according to the information obtained by “Holiday and Travel” – breaks the rules hereby. Should such situation arise, the Seller will be informed, and – in some cases – the Bidder or Bidders will be informed about removal of auction or the change of the category as well.
14.4. “Holiday and Travel” reserves the right to remove every auction that has got a negative influence on the general outlook of the auction site.
14.5. Should an auction be removed by “Holiday and Travel” all payments made by the Seller are refunded.

15. OBLIGATIONS OF THE SELLER

15.1. User is not allowed to make any offers in his or her own auctions be it by the use of his or her own account or by the use of the accounts that belong to third parties.
15.2. User is not allowed to overbid his or her offers at other Users’ auctions by the use of additional accounts.
15.3. Contractual conditions that apply to both parties at large (i.e. the Buyer and the Seller) with regards to the particular product auctioned is defined by the Seller. It is the obligation of the Seller, not of “Holiday and Travel”, to inform the Users about any conditions thereby.

16. LEGALITY OF AUCTIONS

16.1. The Seller, while submitting a product for it being auctioned does at the same time confirm that he or she is allowed to hand the title of ownership over to anyone that comes into possession of the title of the ownership by participating in an auction and winning it.
16.2. “Holiday and Travel” reserved the right to inform the Police should the need of it arise, i.e. when there are suspicions of illegal origins of the product (e.g. the product has been obtained by committing a crime) or when a User is suspected of committing a crime against law pursued ex officio.
16.3. Users are allowed to use the Verify Auction option. The option allows the Users to inform “Holiday and Travel” about auctions that break the rules hereby and/or the law and about the Users that break the “Holiday and Travel” regulations.

17. DESCRIPTION OF THE PRODUCTS.

17.1. Products or services that are subjected to be covered by the “Holiday and Travel” services need to be described with due carefulness. The Seller is being held responsible for all the inaccuracies and mistakes in the description. The brand, along with other information regarding the product’s origins and the product’s manufacturer needs to be complete, precise and must not be in any way deceptive.
17.2. The description of the product can relate to the particular product auctioned only. The description must not be used as a way of communicating in between the “Holiday and Travel” users, way of advertising (be it services around “Holiday and Travel” or apart from the site) or a way to promote competitions.
17.3. The Seller is being held responsible for both his products and the descriptions of the products auctioned being fully legal and not breaking the regulations hereby or the law.
17.4. An auction should be placed in the category that does match a particular product in the best way. Placing a product in an unmatched category (design for other types of products) is strictly forbidden.
17.6. The description of the auction must not contain any information or possibilities of selling the product auction outside of a “Holiday and Travel” auction.
17.7. The description or a title of an auction must not contain any suggestions of selling/exchanging of any product or service.
17.8. The product auctioned should be defined clearly. The order and the dates of offers being made must not have any influence on the diversity of the product(s) auctioned and the sum of the transaction. Auctions that allow choosing products from any kind of list of products are strictly forbidden.
17.9. Using keywords that may result in search engine hijacking or influencing the search results anyhow is strictly forbidden – both in the title of an auction and in the description of a product auctioned.
17.10. HTML language elements, JavaScript, Java and other programming languages must not be used to:
* automatically transfer to a different website (both outside the service and within the “Holiday and Travel” auctioning site), should the site with the description of a particular product be displayed first,
* generate pop-up windows, regardless of their contents
* automatically open dialog boxes (i.e. by the use of alert, confirm, prompt methods) while viewing the particular product’s auction site or while trying to exit a particular product’s site
* embedding the sites (i.e. by the use of IFRAME, OBJECT) with descriptions of other products auctioned, lists of products auctioned (including the “About Me”) page or any other kind of external websites that are not directly related to the product auctioned.
* shifting, blocking, covering or doubling fixed parts of a site with the description of a product (including the boxes used to make offers at auctions)
* influencing the offers made in any way
* misuse, from the point of view of “Holiday and Travel”, of the cookie files.

18. “ABOUT ME” PAGE

18.1. Every User, should his or her account be made fully active, is entitled to use the “About Me” page that allows him or her to include information regarding his or her activity. The page may include his or her personal data (including a link to his or her external website). The form and context must not encourage to make transactions outside the “Holiday and Travel” services.
18.2. The contents of the “About Me” page must not break any of the “Holiday and Travel” regulations, and it must not include:

* information encouraging to communicate Users between themselves outside of t he “Holiday and Travel” auctioning site, especially when the communication should have making a transaction or promoting products auctioned as its purpose.
* information regarding organization a competition that breaks the “Holiday and Travel” rules.
* link to other auctioning sites
* information related to the progress of transactions made with other Users
* rules of transactions or auctions that break the regulations hereby or break the law.

18.3. “Holiday and Travel” reserves the right to remove the “About Me” site, should it be viewed as breaking the regulations hereby or should it have a negative influence on the general outlook of the “Holiday and Travel” site.

FINAL REGULATIONS

19. ALTERATIONS TO THE REGULATIONS

19.1. “Holiday and Travel” reserves the right to modify and alter the regulations hereby and to run a new version of its services at any time.
19.2. Every user, while logging to the services, shall be informed about any alterations to the regulations made; should he or she refuse to accept them, the contract between him or her and “Holiday and Travel” is made null or void, with reservation to the auctions that had their start before any alterations to the rules have been made – these will run until their planned end according to the rules that were in force before alterations.

20. TERMINATION OF A CONTRACT

20.1. User is allowed to terminate the contract with “Holiday and Travel” at any time by using the procedures defined by the service. The contract is terminated instantly, with reservation that offers made to that point are legally binding and auctions running will run their normal course, until their palled end, according to the rules that were in force before termination of the contract.
20.2. The contract may be terminated by “Holiday and Travel”, should any of the following happen:

* ineffective expiration of the payments due dates
* breaking by the User the rules hereby
* detrimental actions towards “Holiday and Travel” and/or its Users
* other actions contradictory with the “Holiday and Travel” policy.

21. LITIGATIONS

All of the litigations regarding services provided by “Holiday and Travel” with regards to the rules hereby will be adjudicated by the appropriate legal authorities.

22. LAWS

These Terms of Service shall be governed by and constructed in accordance with the laws of England and Wales and any disputes will be decided only by the Courts of England and Wales.