Terms & Conditions

CONDITIONS OF USE FOR DOMEGOS

All users are encouraged to carefully review the terms and conditions set forth hereunder before using or attempting to use Domegos. The use of this website shall be deemed as acceptance without modification of the terms, conditions and notices contained therein. It also constitutes your agreement on all such terms, conditions and notices. Domegos reserves the right to vary these terms and conditions at any time with or without notice and such variation shall take effect immediately. Whilst every effort will be put to ensure that the information appearing on this website is accurate, Domegos does not in any way vouch for the complete accuracy of the information from time to time, and the users acknowledge and accept that the information may not be current, accurate and complete.

1. DEFINITIONS

The following terms shall have the following meanings:

a) The term “User” refers to any person, whether an individual or a legal entity, accessing our website by himself/herself/itself or through agents, that uses our websites for whatever purposes.

b) The terms “Owner” refers to the User who uses our website for purposes including but not limited to offering a property for rent or who maintains an owner’s account on this website.

c) The term "Renter" refers to the User who uses our websites for purposes including but not limited to, making booking inquiries, paying a deposit or who maintains a renter's account with us.

d) The term “we”, “us” or “our” refers to Domegos and its affiliated websites.

e) The following websites are affiliated to Domegos namely domegos.com, domegos.co.uk, domegos.dk, domegos.co.nz, domegos.de, domegos.at, domegos.ch, domegos.in, domegos.it, domegos.es, domegos.be, domegos.nl, domegos.us, domegos.fr, domegos.pl, domegos.se, domegos.pt and their services provided will henceforth be referred to as "the Websites".

f) The “Property Information Material” refers to any information, photo and any other form of data that is provided by the owner for display on any of our websites including but not limited to amenities, property location, suitability, pricing or availability.

g) The term “Property” refers to any building, apartment, apartment blocks, houses or any other dwellings that are available to be let out to a willing renter and would also include all fixtures and fittings that can be accessed by a renter in pursuant to any covenant between the renter and the owner.

h) The term “Booking period” refers to time when the Renter can have access to the property.

i) The term “applicable law” means the law at the time being in force in England

2. ELIGIBILLITY.

We have complete and unfettered discretion on who we can accept to take part and enjoy the services provided in our websites. In particular, our websites will only be available to Users who can form legally binding contracts under English law. The services provided under the Websites shall not be available to minors or anyone who for any legal reason cannot enter into a binding contract under the applicable law.

3. LIMITATION OF BUSINESS ACTIVITY.

We are neither estate agents nor travel agents and do not purport to act as such. Our Websites simply act as a venue for Owners to display their Properties to potential Renters. We do not own any Property on our Websites. We do not take any part in, and will thus not take any responsibility for, booking arrangements or any property management issues. We are not a party in any rental transaction.

4. CONDITIONS OF USE.

a). The User agrees to use the websites to advertise properties, research, view and make genuine enquiries about Properties and to contact the Owner through for the purposes of pursuing mutually agreeable understanding regarding the Properties. Any other use of the Websites is expressly prohibited.

b) For Users, it will be a condition of use that the User will not use the websites for unlawful purposes or in a way that is prohibited by these Terms and Conditions or in a manner inconsistent with the applicable law. The User accepts to indemnify us in respect of any loss, damage, costs or claims connected with the breach of these conditions or any other legal obligation owed to third parties by the User remotely connected with his/her/its use of the websites.

5. PROHIBITED USE.

a). The User is prohibited from using or accessing the Websites in a manner that unfavourably affects the performance or proper functioning of the websites, or any computer systems or networks used by the Websites. In this regard, the posting or uploading to the Websites any material, devise software program that contains viruses, worms, Trojan horses, time bomb or any other material that is capable of interfering or intercept the proper working of the Websites is strictly prohibited.

b) The User is prohibited to impersonate anyone, or to misrepresent or misstate facts about affiliation with any person, or to forge headers or manipulate identifiers so as to disguise the origin of the content transmitted through the Websites.

c) The User will not be permitted to upload post or otherwise transmit information that infringes on any intellectual or proprietary rights of any party.

d) The User will not be permitted to upload, post or transmit any unsolicited, unauthorized and annoying material, advertising or promotional material, engage in phishing, spamming, sending out chain letters, or engage in any form of solicitation whatsoever except in the manner provided for.

e) The User agrees not to use any robot, spider, other automatic device or manual process to monitor, copy or keep a database copy of the content.

f) The User shall not use the Websites in a way that, in our reasonable judgment, adversely affects the performance of functions of the websites or those of the computer systems or networks that is used by the websites.

g) The User is not allowed to use any device, software or routine that interferes, or attempts to interfere with the normal operations of the websites, or to take any action that impose an unreasonable load on our systems and equipment.

h) Use of the websites to make fraudulent reservations is strictly prohibited.

i) The User is prohibited to post any information that can be reasonably regarded as unlawful, libelous, malicious, profane, intrusive, immoral, fanning ethnic or racial tensions or any other material which is in our judgment objectionable or against good conscience, or one that can give rise to civil liability, or information which is against both the spirit and the letter of these terms and conditions.

6. RESPONSIBILITY FOR USER-GENERATED CONTENT

a) We have no duty to pre-screen content posted on the Website by Users (including, without limitation, reviews of properties), and we are not responsible for user-generated content. We reserve the right to decline and remove any user-generated content that fails to meet our terms and conditions.

b) All Properties and the corresponding Property Information Material are submitted by the Owner and are the solely responsibility of the Owner. Owners are solely responsible for keeping all the Property Information Material accurate and up to date. We do not represent or warrant that any of the Property Information Material is accurate or up-to-date. The Property Information Material in the websites constitutes no advice on the property.

c) The inclusion of any property on the Property Information Listings does not constitute an endorsement or recommendation from us, nor does it constitute a warranty that such property shall be fit for any particular purposes and we shall not be held liable should the rental premises turn out to be unsatisfactory or falls short of the Renter expectations or is unsuitable for any particular purposes.

d) The User agrees that we shall not accept any liability for loss or damage incurred or suffered as a result of some inaccuracy of information that’s found in the Property Information Material, or any breach of contract by the Owner.

e) Users may make comments reviewing the Property. We shall not take any responsibility for reviews posted by Users and we shall not be liable to the Owner should the review turn out to be injurious to the Owner, or give rise to any claim, or cause loss or damage to the Owner, arising out or based on this agreement or the Owner's use of our websites whatsoever, and as far as this exclusion is permitted under the applicable law, the User shall be solely responsible for any claim or damages related to such entry and shall indemnify us for such claims.

7. LIMITATIONS OF LIABILITY.

a) The User, by using the services of the Websites, also agrees that his/her/its use of the Website services is at his/her/its own risk. The services that the Website offers are provided on an “as is” and “as available” basis and no warranty is provided or is to be implied as to (among other things) the fitness to a particular purpose, non-infringement, compatibility, adequacy, security and accuracy.

b) The User is not entitled to any warranty that the service provided by the Websites will meet the User's requirements and expectations, or that the services will be uninterrupted, flawless, timely, accurate, reliable, secure or error free or that the Website will be free of viruses or other harmful elements, or that the errors in the software will be corrected.

c) Whereas the User can download some materials or content appearing on the Website, we do not guarantee the incorruptibility of any material which the User downloads or otherwise obtained through using the Websites, and the User chooses to download such material, he/she/it does so at his/her/its own risk and we shall not accept liability for any damage or loss of data the owner suffers as a result of downloading such material and subsequent use of such material. Further, such downloaded material/content shall only be used for the User's purposes only and the owner is not to modify it in any way.

d) This website, its affiliates, the management and employees will not be liable for loss or damages arising out of, or in connection with the User's use or reliance on any information, products, services and/or the materials offered by or through this website, including but not limited to, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, or any indirect or consequential loss or damages, even if we have been advised of the possibility of such loss or damage, or such loss or damages were reasonably foreseeable.

e) The User hereby agrees to release, remise and forever discharge the Company and its affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with his/her/its use of the Websites to the extent that such release is not prohibited by applicable law. If the User is dissatisfied with the service or finds any part of this terms and conditions unacceptable, then such User may choose to discontinue using the service.

8. MAKING RESERVATIONS USING THE ONLINE PAYMENT SERVICE ("Pay Now").

The User will be assumed to have read, accepted and fully understood the following conditions which apply to booking and making of reservations through this website using the online paymentservice. Users may choose to use our online payment to make reservations for the vacation premises subject to the following conditions;

a) A non-refundable fee of 3% of the deposit will be charged and be met by the User.

b) The currencies that are accepted will include only the US dollar, the Great Britain pound, and the EU Euro.

c) Users agree to assume the risk of currency fluctuations between the time the monies are on transit from one party to the other including the period such money is in our custody through our system.

d) The User shall meet the balance of the rent in the manner agreed, and the User shall also pay charges for any additional services that were requested and provided for, plus, where applicable, any taxes payable according to the terms agreed with the Owner.

e) Whilst we take all reasonable measures to ensure that payment transaction are secure, we cannot accept liability for unauthorized charges made against the User's bank account, PayPal account, Debit or credit card or any other payment mode that is acceptable to us and being used at the time when such unauthorized charge is discovered.

f) The User shall agree to use a payment method stipulated at a particular time and which may change from time to time upon the issuing of an effective notice to the users of the website.

g) The User who elects to make a reservation via our online payment system but does not make the payment within 5 days shall have the reservation automatically cancelled.

h) Any User who has made a reservation and has made the payment through us but wishes to cancel the reservation shall have a maximum period of 48 hours to do so before the booking period starts. For the purposes of obtaining a refund, such User shall supply a payment mode stipulated from time to time subject to our transaction as well as the owners’ defined cancellation charges. A User who wants to make a cancellation after 48 hours shall have to contact the owner directly.

i) We shall not be responsible for cancellations made either by the User or the Owner regardless of the circumstances in which the cancellation was made. We also do not accept liability for loss, additional expense or any claim founded on the conditions of the vacation premises or the change in accommodation, acts of god, sickness or any other non-proximate cause.

j) The User is responsible for requesting the Owner and, as far as its practically possible and subject to agreement, the owner may provide additional services and upon the User undertaking to meet any additional costs thereof that are necessitated by physical or mental condition of him/her or that of any other member of his/her party. Such requests are to be made before an agreement is reached between the Owner and the User.

9. SECURITY.

The User will be responsible for maintaining the confidentiality of his/her/its account once the account has becomes operational, and as such the User shall be responsible for all activities that occur under his/her/its password or account.

10. HYPERTEXT LINKS

We reserve the right to refuse and to remove hypertext links, web or email addresses without notice at our own discretion from any page on the website including but not limited to, the Property Listings, and will close the account of any User who re-adds hypertext links, web or email addresses.

11. AUTHORIZATION TO EXPORT DATA

a) The User acknowledges that we have the sole discretion to keep a copy of the Property Material and other information on the Owner's Account outside the United Kingdom and the European Union. If such a copy is made it will be used only in the day to day operations of the websites, and will not be shared with any third party.

b) The User acknowledges that we have the sole discretion to keep a copy of his/her/its transactional information gathered through the use of this website and other information on the Renter’s Account outside the United Kingdom and the European Union. We however shall not share such information with anyone except in the manner provided elsewhere in these Terms and Conditions, and such information is used and preserved for the purposes of record keeping or research purposes.

12. DISCLOSURE OF YOUR INFORMATION.

The User accepts that we may disclose and/or receive and/or record any details of his/her/its use of the Websties including but not limited to emails, data, personal information or documents obtained from him/her/it for the purposes below:

a) Fraud prevention and law enforcement;

b) For reasonable commercial purposes connected to your use of the services offered in any of our Websites, such as marketing and research related activities;

c) To comply with any legal, governmental or regulatory requirement;

d) Our lawyers in connection with any legal proceedings;

e) In business practices including but not limited to quality control, training and ensuring effective systems operation.

13. LINKS TO AND CONTENT FROM THIRD PARTIES.

The Websites may contain links to World Wide Web sites provided by third parties. Such sites are completely independent to this site and as we have no control over them, we accept no liability in respect of the Owners use or inability to use them or any of the content of such sites. We likewise accept no liability in respect to any of the products, information, materials or services offered or provided by other organizations listed or linked to this site, and neither do we endorse any of these sites or their products and services. Should the User appoint or enter into a binding contract with any of this sites, we are not involved in any way and therefore we will not be liable in contract or otherwise for any injury, loss or damage suffered as a result of the owner accepting or offering to accept any offerings on those sites

14. SEVERANCE

All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, are severable from each other. If any of these Terms and Conditions should be determined to be unenforceable because they have been held to be invalid, illegal, void or unlawful for any reason by any court of competent jurisdiction then such Term or Condition shall be considered pro non scripto and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

15. NON-WAIVER.

Our failure to enforce at any time or for any period any one or more of the Terms and Conditions shall not be a waiver of them or the rights attaching to any of them.

16. STRUCTURE.

The structure, headings, numbering used in these terms and conditions are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

17. DISPUTE RESOLUTION.

Any disputes regarding arrangements between Owners and Renters remain solely between Owners and Renters. We are not involved in any transactions between Owners and any other users of our websites. The User acknowledge and agree that we shall not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. If the User has a dispute with any other User of the Site, the User hereby releases Domegos.com and its affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.

18. LEGAL STATUS OF DOMEGOS AND ITS AFFILIATES.

Domegos.com is owned by Domegos Limited, a limited liability company. Its address is as follows:

Domegos Limited
Registered Office: 69 Great Hampton Street, Birmingham, B18 6EW, United Kingdom
Company No: 5903966
Registered in England and Wales

19. OTHER TERMS AND CONDITIONS.

There may be other Terms and Conditions on areas of this site that relate to the use of such areas, all of which will, together with these Terms and conditions, govern the use of this site.

20. JURISDICTION

These terms and conditions are governed by English law and Users accept the exclusive jurisdiction of the English courts to rule on any disputes.

ADDITIONAL TERMS AND CONDITIONS TO THE OWNERS

21. ADVERTISING ON THE WEBSITES.

b). The Owners are required to provide property information material about real vacation properties and to provide information that is accurate, most current that aids the renter to choose the most appropriate property for vacation purposes and consistent with the renters needs. The owner acknowledges that he owns the displayed property or has the legal right to display the property information material on the websites.

a) domegos.com and its affiliate websites reserves the right to design and alter the web layout, and to decide on the content that appears on the website and as such, has the right to delete amend or edit property entered into the websites database by owners if it appears to us that such property materials violate the terms and condition or violate any law at the time being in force in England.

b) We shall not be held responsible for any loss or damage resulting from change of design or from the positioning of the property or for changes made to the photographs or other property information material submitted by the owner.

c) We reserve the right to change or remove any part of the website (whether temporarily or permanently) without notice to the owner and we shall not be held liable for such removal.

d) Whereas outmost care will be granted to property information materials submitted to us for the purposes of posting them on our websites, we do not accept liability if such materials is lost in transit or is damaged in whatsoever manner through acts not remotely attributable to us, and we shall not undertake to safely return such items in their original condition if the owner demanded the materials back.

e) The owner agrees that it is his/her/its responsibility to obtain reproduction permissions for all property information material that ultimately appears on any of the websites. The owner warrants that he/she/it’s the owner of the copyright in such material or has been granted permission by the owner thereof to allow us publish such material on our websites. The owner who sends any property information material is also deemed to have granted us a worldwide, perpetual, irrevocable, royalty-free license to use, copy or modify such material. We do not accept any liability for the copyright infringement that results as a result of posting such material on our websites and the owner indemnifies us from any action brought for breach of copyright or other rights from the use of such materials supplied by the owner.

22. SUBSTITUTION OF PROPERTY.

THE OWNER SHALL NOT SUBSTITUTE any property appearing on the Property Listings with any other by way of changes to the texts and photographs, and the owner shall not be allowed to advertise of to make reference to more than one property in each listing. We reserve the right to amend any Property Listing not in compliance with this condition and/or to suspend or terminate the owners account without refunds.

23. TERMINATION OF ADVERTISING

a) We reserve the right to refuse any listing submitted to us without notice. We may refuse to publish the listing for any reason, and each current or prospective Owner expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.

b) If in our reasonable discretion, an Owner is in breach of these terms, or if we receive a complaint from a User, we reserve the right to immediately remove such User's property from the Websites without notice and without refund.