Terms and Conditions
1. Please read these Terms and Conditions ("Agreement") carefully before using this website operated by Digs4Kids.com ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the website at www.Digs4Kids.com (“Website”) and the Services we provide.
2. By accessing or using the Website in any manner, including, but not limited to, visiting or browsing the Website or contributing content or other materials to the Website, you agree to be bound by these Terms and Conditions.
3. Digs4Kids.com provides an online platform that connects hosts who have accommodations for rent (“Hosts”) with guests seeking to rent such accommodations (“Guests”). Hosts create listings for their properties and Guests who are interested in renting a property may book these properties.
4. You understand and agree that Digs4Kids.com is not: (1) a party to any rental or other agreements between Hosts and Guests; (2) a real estate broker, agent or insurer; (3) an owner or manager for any rental property listed on the Website; or (4) a provider or operator of hotel rooms, motel rooms, or any other lodgings or travel services.
5. Digs4Kids.com assumes no responsibility for information published on this Website and disclaims all liability in respect of such information. Digs4Kids.com is not liable for any injury and/or damage to persons or property as a result of any actual or alleged libellous statements, infringements of intellectual property or privacy rights, or product liability, whether resulting from negligence or otherwise, including without limitation, from any use or operation of any ideas, instructions, procedures, products or methods contained in the material published on the site. Digs4Kids.com does not warrant that the information published on the Website is accurate or free from error. Information published within the Website is solely for the general information and guidance.
6. You are using this Website and our Services at your own risk and you are personally responsible for verifying their suitability to your needs.
As a Host:
7. Hosts may only create listings for properties that they are legally authorized to list for rental.
7.1 You guarantee that your property will be provided as per your description in your advertisement on the Website.
7.2 Each Host represents and warrants that any listing and any stay by any Guest at any such accommodation will be in compliance with all applicable laws, tax requirements, rules, regulations zoning laws and local laws governing rentals of residential and other properties relevant to its location.
7.3 Each listing posted on the Website by a Host shall reference the rate associated with booking the property. All rates are inclusive of all applicable fees.
7.4 The price for any booking may not be altered once a Guest has confirmed a booking for your accommodation.
7.5 Any changes made before a guest arrives must be communicated to the guest before their arrival at your property. You will keep photographs of your property(ies) up-to-date on the Website if the contents change. You shall make it clear on your advertisement about booking deposits, after-visit cleaning fees and security deposits.
7.6 Any security deposit taken from a Guest must be paid back in full either at time of departure or within 7 days of the guest leaving. If there is a valid reason for withholding or making any deductions from the aforementioned security deposit, you shall make this known to the guest whilst they are at your property. You shall also inform Digs4Kids.com of any deductions or forfeiture of a guest's security deposit and the reasons therefore. Reasons for withholding or deducting monies from a security deposit need to be substantiated with photographic evidence.
7.7 Once booked on the website, the Guest's booking is guaranteed by you. If you cannot provide the agreed accommodation, you have to find alternative accommodation within six hours of their arrival and pay the difference or any additional travel costs incurred to the guest. Failure to do will result in your account with Digs4Kids.com being closed.
7.8 Digs4Kids.com's Fee for a commission-only listing - 10% of the value of the booking - is paid to Digs4Kids.com in consideration for its provision of the Services. This Fee is an administrative fee charged to the Host by Digs4Kids.com for provision of services such as facilitating the collection and distribution of fees, international marketing and promotion, and customer support.
8. Your content and its licence
8.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media in relation to this website.
8.3 You grant to us the right to bring an action for infringement of the rights licensed.
8.4 You may edit your content to the extent permitted using the editing functionality made available on our Website.
8.5 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
8.6 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, modify, distribute and disclose to third parties any such material for any purpose whatsoever, including, but not limited to commercial purposes.
8.7 We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
9. We will not be responsible, or liable to any third party, for the content or accuracy of, or for any breach of any intellectual property rights in, any materials posted by you or any other user of our site
10. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with our content standards
11. Hosts are responsible for obtaining insurance coverage sufficient to protect their properties and Guests. Hosts agree that they have or will obtain the appropriate insurance coverage sufficient to cover all property and bodily harm arising from the Digs4Kids.com
12.1 We may terminate your access to the Site, without cause or notice, which might result in the forfeiture and destruction of all information associated with you.
12.2 Hosts may terminate this Agreement with Digs4Kids.com at any time by providing written notice to us by email to: admin @ digs4kids.com
As a Guest:
13. User discretion is advised because no dwelling can be 100% child-safe.
14. All property descriptions are the opinion of the property owners. Considerable efforts are made to make the content of Digs4Kids.com as accurate as possible but no warranty is implied.
15. Some Hosts have their own custom cancellation and payment policies which are clearly shown via links on our booking page or on their own website. Guests are required to read and understand these before submitting a reservation request or making a direct booking online.
16. If you do wish to cancel your reservation, you must email your host (cc'ing admin @ digs4kids.com) to notify them of your wish to cancel. We are unable to cancel a reservation in line with the applicable Host's cancellation policy if you do not notify your host.
17. In the rare event that a host cancels your reservation before your check in date, your host and/or digs4kids.com will email you to let you know. There are two options available if this happens:
17.1 We will transfer your payment to another listing on digs4kids.com. We will help you find a suitable alternative property. As soon as you are happy with the alternative and the new host has accepted the booking, we will arrange for your payment to be applied to the new property to make the reservation live. You can then contact the host directly through the site to co-ordinate new arrival logistics, welcome at the home, etc., or...
17.2 We will fully refund you (including digs4kids.com service fees). If we are unable to find you suitable alternative accommodation, then we would offer you a full refund, including any service fees that are charged by digs4kids.com.
18. The Guest's right to occupy the Property may be forfeited without compensation if:
A) More people or pets than declared at the time of booking or before the commencement of the holiday to the host and/or the number the Property holds, attempt to take up occupation.
B) Overnight guests are entertained without the Host’s express permission.
C) Any activity is undertaken which is illegal, or may cause unreasonable damage, noise, behaviour or disturbance.
D) Smoking in a designated "No Smoking" property. You will also pay reasonable costs charged by the Host for the additional cleaning required, in addition to forfeiting any security deposit.
19. You must leave the property in the exact same condition as which you found it. If, upon your arrival, the property is not to your expectation then you must immediately contact the owner to voice your concern. If you are unable to make contact with the owner, then please contact Digs4Kids.com and we shall endeavour to get them to contact you. If anything is broken or damaged upon your arrival we suggest that you take photographic evidence of this with a device which provides a time and date-stamp.
20. Please verify before booking that the property you are interested in renting does allow dogs to stay. We ask dog owners to observe the following rules (failure to do so may result in you being asked to leave without compensation).
20.1 Dogs must be under strict control at all times while in the property
20.2 Any fouling of lawns, public areas and within the property itself must be cleared up without delay.
20.3 Dogs must not be left alone in the property or elsewhere at any time.
20.4 Dogs must not lie on beds or furnishings and their hair must be cleared up before departing.
20.5 Dog owners must ensure that their pets are free from parasites and fleas before they occupy the property. Failure to do so will incur subsequent charges.
21. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason.
Links To Other Sites
Linking Digs4Kids.com to other websites
23. You may link to pages on our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
24. Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
25.This Agreement (and any further rules,polices,or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of England without giving effect to any principles of conflicts of law.
26. Digs4Kids.com is under no obligation to accept any individual as a Host or Guest and may accept or reject any applicant at its discretion.
Viruses, hacking and other offences
27. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
27.1 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
28. We will not be liable to any party for any loss or damage of any kind caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect our or your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Disclosure to Third Parties
29. We do not sell or disclose your personal information to any third party without your prior consent except in the unlikely event that we sell our business then to the purchaser of that business. We do not sell mailing lists to third parties.
30. Our Website changes regularly and the content may change at any time. If the need arises, we may suspend access to parts of our site or the entire site or close it indefinitely. Any of the material on our site may be out of date at any given time and we are under no obligation to update such material.
Changes To This Agreement
31. We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
31.1 Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site immediately.
32. If you have any questions about this Agreement, please contact us.
33. The Website and its original content, features and functionality are owned by Digs4Kids.com and are protected by international copyright and intellectual property laws.
This Agreement was last modified on January 22nd 2018.