Terms & Conditions
Last Updated: 24 September 2016
1. Key Terms
“Riding Holidays Limited” is the owner of Ridingholidays.com.
“Site” is ridingholidays.com, a web site connecting providers of riding holidays with potential guests who might want to book such holidays.
“Riding Holiday” means the provision of guided or unguided horse riding with or without accommodation or a place where guests may board their own horse.
“Ridingholidays.com content” means all content, including images, video and text that ridingholidays.com makes available through the Site.
“Guest” means a visitor to ridingholidays.com who may make contact with a Provider.
“Provider” means a supplier of horses and/or guides and/or accommodation and/or other related services who creates a Listing on ridingholidays.com.
“Listing” means an entry on ridingholidays.com that is uploaded by a Provider.
“Provider Content” means all Ridingholidays.com content that a Provider posts, uploads, publishes, submits, transmits, or includes in their Listing.
“Subscription Fees” the monies paid by a Provider to enable their Listing to appear on the Site.
2. Terms of Service
By using the Site you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of the Site and constitute a binding legal agreement between you and Riding Holidays Limited
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site.
The site comprises an online platform through which providers may create listings for riding holidays and guests may learn about and contact providers. You understand and agree that Riding Holidays Limited is not a party to any agreements entered into between providers and guests. Riding Holidays Limited has no control over the conduct of providers, guests and other users of the site and disclaims all liability in this regard to the maximum extent permitted by law.
If you choose to create a listing on ridingholidays.com, you understand and agree that your relationship with Riding Holidays Limited is restricted to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Riding Holidays Limited and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Riding Holidays Limited. Riding Holidays Limited does not control, and has no right to control, your listing, your offline activities associated with your listing, or any other matters related to any listing, that you provide. As a Provider you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Riding Holidays Limited, including by inappropriately using any Riding Holidays Limited intellectual property.
You acknowledge and agree that, by accessing or using the site or by downloading or posting any content from or on the site, you are indicating that you have read, and that you understand and agree to be bound by these terms. If you do not agree to these terms, then you have no right to access or use the site or content.
Riding Holidays Limited reserves the right, at its sole discretion, to modify the Site or to modify these Terms, including the Subscription Fees, at any time and without prior notice. If we modify these Terms we will either post the modification on the Site or otherwise provide you with notice of the modification. By continuing to access or use the Site after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site.
The Site is intended solely for persons who are 18 or older. Any access to or use of the Site by anyone under 18 is expressly prohibited. By accessing or using the Site you represent and warrant that you are 18 or older.
5. How the Site Works
The Site can be used to present information about riding holidays by the Provider. Such Riding Holidays are included in Listings on the Site by Providers.
Please note that, as stated above, the site is intended to be used to facilitate providers and guests connecting and booking riding holidays directly with each other. Riding Holidays Limited cannot and does not control the content contained in any listings and the legality or suitability of any riding holiday. Riding Holidays Limited is not responsible for and disclaims any and all liability related to any and all listings. accordingly, any bookings will be made or accepted at the Guest's own risk.
As a Provider, you may create Listings. To create a Listing, you will be asked a variety of questions about the riding holiday to be listed, including, but not limited to, the location, capacity, horses and guides. Listings will be made publicly available via the Site. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guest preferences, reviews and the Subscription tier.
You acknowledge and agree that you alone are responsible for any and all Listings and ridingholidays.com content you post. Accordingly, you represent and warrant that any Listing you post will be in compliance with all applicable laws, Intellectual Property laws, and rules and regulations that may apply to any Riding Holiday included in a Listing you post. Please note that Riding Holidays Limited assumes no responsibility for a Providers compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Riding Holidays Limited reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Riding Holidays Limited, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site.
7. No Endorsement
Riding Holidays Limited does not endorse any Provider, Listing or Riding Holiday. You understand that images are intended only to indicate a photographic representation of the riding holiday at the time the photograph was taken. Images are therefore not an endorsement by Riding Holidays Limited of any Provider, Listing or Riding Holiday.
Guests and Providers are required by these Terms to provide accurate information. Although Riding Holidays Limited may, for transparency or fraud prevention or detection purposes, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Guests and Providers information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Guest or Provider.
Any references to a Provider being assigned a "Quality Mark" indicates that the Member has completed a self-assessment verification process, and does not represent anything else. The Quality Mark is not an endorsement, certification or guarantee by Riding Holidays Limited about any Provider and whether the Riding Holidays offered by the Provider are safe or suitable. Instead the Quality Mark is intended to be useful information for you to evaluate when you make your own decisions about the Riding Holidays on the Site. We therefore recommend that you always exercise due diligence and care when deciding whether to book a Riding Holiday. Riding Holidays Limited is not responsible for any damage or harm resulting from Guests interactions with Providers.
By using the Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Providers or other third parties will be limited to a claim against the particular Providers or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Riding Holidays Limited with respect to such actions or omissions.
9. Intellectual Property Ownership and Rights Notices
The Site and ridingholidays.com content are protected by copyright, trademark, and other laws. You acknowledge and agree that the Site and ridingholidays.com content including all associated intellectual property rights, are the exclusive property of Riding Holidays Limited and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site. All trademarks, service marks, logos, trade names used on or in connection with the Site are trademarks or registered trademarks of Riding Holidays Limited. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site are used for identification purposes only and may be the property of their respective owners.
10. Content License
Subject to your compliance with these Terms Riding Holidays Limited grants you a limited, non-exclusive, non-transferable license, to access and view any ridingholidays.com content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or ridingholidays.com content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Riding Holidays Limited or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit reviews. By making available any review on the Site you hereby grant to Riding Holidays Limited a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such reviews on the Site. Riding Holidays Limited does not claim any ownership rights in any such reviews and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such review.
You acknowledge and agree that you are solely responsible for all reviews that you make available through the Site.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Riding Holidays Limited is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Riding Holidays Limited of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
13. Provider Subscriptions
This Agreement shall be effective for a one month term, at the end of which it will automatically and continuously renew for subsequent one month terms until such time when you or Riding Holidays Limited terminate the Agreement as described below.
A. Termination for convenience
You may terminate this Agreement at any time by sending us an email. Without limiting our rights specified below, Riding Holidays Limited may terminate this Agreement for convenience at any time by giving you 30 days notice via email.
B. Termination for breach, suspension and other measures
Riding Holidays Limited may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Riding Holidays Limited believes in good faith that such action is reasonably necessary for fraud prevention, risk assessment, security or investigation purposes.
In addition Riding Holidays Limited may deactivate or delay Listings or reviews if you have breached these Terms or our Policies, including material and non-material or Riding Holidays Limited believes in good faith that such action is reasonably necessary for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Riding Holidays Limited and an opportunity to resolve the issue to Riding Holidays Limited’s reasonable satisfaction.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Ridingholidays.com content, including but not limited to any reviews. When this Agreement has been terminated, you are not entitled to a restoration of your ridingholidays.com Content. If your access to or use of the Site has been limited or your subscription suspended or this Agreement has been terminated by us, you may not register a new subscription.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the site you do so at your sole risk.
The Site is provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, Riding Holidays Limited explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Riding Holidays Limited makes no warranty that the site including, but not limited to, the listings will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Riding Holidays Limited makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the site.
No advice or information, whether oral or written, obtained from Riding Holidays Limited or through the Site will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with Providers. You understand that Riding Holidays Limited does not make any attempt to verify the statements of Providers. You agree to take reasonable precautions in all communications and interactions with providers. Riding Holidays Limited explicitly disclaims all liability for any act or omission of any provider or other third party.
15. Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site remains with you. Neither Riding Holidays Limited nor any other party involved in creating, producing, or delivering the site will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site as a result of your use of the site, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Riding Holidays Limited has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Riding Holidays Limited's aggregate liability arising out of or in connection with these terms and your use of the site exceed the subscription you have paid in the twelve (12) month period prior to the event giving rise to the liability, or one hundred G.B. pounds (£100), if no such payments have been made, as applicable the limitations of damages set forth above are fundamental elements of the basis of the bargain between riding holidays limited and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to release, defend, indemnify, and hold Riding Holidays Limited and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or your violation of these Terms.
17. Entire Agreement
Except as they may be supplemented by additional Riding Holidays Limited policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Riding Holidays Limited and you regarding the Site and these Terms supersede and replace any and all prior oral or written understandings or agreements between Riding Holidays Limited and you regarding the Site.
You may not assign or transfer these Terms, by operation of law or otherwise, without Riding Holidays Limited’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Riding Holidays Limited may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Riding Holidays Limited (i) via email to the address that you provide or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
20. Controlling Law and Jurisdiction
This Agreement is governed by the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales.
The failure of Riding Holidays Limited to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Riding Holidays Limited. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
22. Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.