1.1 When the following words with capital letters are used in this Dispute Resolution Procedure this is what they will mean:
Acceptable Use Policy - as detailed at clause 6.
Caravan - the property (including, but not limited to, caravans, static homes, and lodges and any surrounding areas) provided for holiday letting purposes, details of which have been provided to HCD by the Owner.
Contents Standards - as detailed at clause 7.
Dispute - any complaint involving a financial claim. For example, a request for a full or partial refund.
Guest/Guests - an individual/individuals who has booked, attended and made use of the Caravan.
HCD - Holiday Caravans Direct Limited (Company No 08361160) whose registered office is at 72 Cranford Avenue, Exmouth, Devon, EX8 2QF.
Interactive Services - interactive services provided by HCD on the Website, including, without limitation, the Messaging Centre.
Issue - any complaint or comment that does not involve a financial claim. For example, if something is not working in the Caravan.
Messaging Centre - the messaging system provided on the website (being www.holidaycaravansdirect.com and www.holidaycaravansdirect.co.uk) for the Guest and the Owner to resolve issues. Parties will be alerted of a Messaging Centre notification by their preferred contact method (e.g. email, SMS etc.).
Owner - the owner of the Caravan or such entity authorised by the Owner to represent them.
2. Complaint to the Owner by the Guest
2.1 In the event of a Dispute about the Caravan:
2.1.1 the Guest must submit any Dispute via the Website after the Check-out Date;
2.1.2 the Owner must address any Dispute reported to them via the Website within 1 day of being notified of the Dispute and take all reasonable steps to reach a satisfactory resolution for all parties; and
2.1.3 if a resolution cannot be reached between the parties then HCD will decide the outcome given the evidence presented. The HCD’s authority will be absolute and binding on both parties.
2.2 In the event of an Issue arising about the Caravan:
2.2.1 the Guest must submit any Issue via the Website at any time;
2.2.2 the Owner must address any Issue reported to them via the Website within 1 day of being notified of the Issue and take all reasonable steps to reach a satisfactory resolution for all parties; and
2.2.3 if a resolution cannot be reached between the parties then HCD will decide the outcome given the evidence presented. The HCD’s authority will be absolute and binding on both parties.
2.3 For the avoidance of doubt, any claim that follows as a result of a complaint raised by a Guest (whether deemed resolved or not) shall be the responsibility of the Owner.
3. Complaint to the Guest by the Owner
3.1 In the event of a Dispute from an Owner about the Caravan:
3.1.1 the Owner and Guest will engage with each other via Website;
3.1.2 the Guest must address any Dispute reported via the Website as soon as reasonably practicable and both parties must take all reasonable steps to reach a satisfactory resolution for all parties; and
3.1.3 if a resolution cannot be reached between the parties then HCD will decide the outcome given the evidence presented. HCD’s authority will be absolute and binding on both parties.
3.2 In the event of a Issue from an Owner about the Caravan:
3.2.1 the Owner and Guest will engage with each other via Website;
3.2.2 the Guest must address any Issue reported via the Website as soon as reasonably practicable and both parties must take all reasonable steps to reach a satisfactory resolution for all parties; and
3.2.3 if a resolution cannot be reached between the parties then HCD will decide the outcome given the evidence presented. HCD’s authority will be absolute and binding on both parties.
3.3 For the avoidance of doubt, any claim that follows as a result of a complaint raised by an Owner (whether deemed resolved or not) shall be the responsibility of the Owner.
4. Complaint to HCD
4.1 In the event of a complaint (whether a Dispute or Issue) from either the Owner or Guest to HCD, the complainant should contact HCD via email at firstname.lastname@example.org if a Guest or email@example.com if an Owner. HCD will respond to any such complaints within 7 Business Days.
5. Interactive Services
5.1 By using the Interactive Services both Owners and Guests agree to abide by the Acceptable Use Policy and Contents Standards.
5.2 HCD do not, and are under no obligation to, oversee, monitor or moderate any Interactive Service provided on the Website. HCD expressly exclude liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of HCD’s Acceptable Use Policy and Content Standards.
5.3 The use of any of HCD’s Interactive Services by a minor is subject to the consent of their parent or guardian. HCD advises parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.
6.1 The Owner and Guest must use the Interactive Services for lawful purposes only and may not use the Interactive Services:
6.1.1 in any way that breaches any applicable local, national or international law or regulation;
6.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
6.1.3 for the purpose of harming or attempting to harm minors in any way;
6.1.4 to bully, insult, intimidate or humiliate any person;
6.1.5 to send, knowingly receive, upload, download, use or re-use any material which does not comply with HCD’s Content Standards;
6.1.6 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
6.1.7 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
6.2 The Owner and Guest also agree not to access without authority, interfere with, damage or disrupt any:
6.2.1 part of the Website or any Interactive Service;
6.2.2 equipment or network on which the Website is stored;
6.2.3 software used in the provision of the Website; or
6.2.4 equipment or network or software owned or used by any third party.
7.1 These content standards apply to any and all material which you contribute to any Interactive Service (Contribution).
7.2 The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
7.3 HCD will determine, in its sole discretion, whether a Contribution breaches the Content Standards.
7.4 A Contribution must:
7.4.1 be accurate (where it states facts);
7.4.2 be genuinely held (where it states opinions); and
7.4.3 comply with the law applicable in England and Wales and in any country from which it is posted.
7.5 A Contribution must not:
7.5.1 be defamatory of any person;
7.5.2 be obscene, offensive, hateful or inflammatory;
7.5.3 bully, insult, intimidate or humiliate;
7.5.4 promote sexually explicit material;
7.5.5 promote violence;
7.5.6 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
7.5.7 infringe any copyright, database right or trade mark of any other person;
7.5.8 be likely to deceive any person;
7.5.9 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
7.5.10 promote any illegal activity;
7.5.11 be in contempt of court;
7.5.12 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
7.5.13 be likely to harass, upset, embarrass, alarm or annoy any other person;
7.5.14 impersonate any person, or misrepresent your identity or affiliation with any person;
7.5.15 give the impression that the Contribution emanates from the Agent, if this is not the case;
7.5.16 advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
7.5.17 contain a statement which a party knows or believes, or has reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; and
7.5.18 contain any advertising or promote any services or web links to other sites.