Web Site Terms and Conditions
1.1 Access to and use of the information on this website is subject to your acceptance of these site terms and conditions. All bookings made through the site are subject to the relevant booking terms and conditions.
1.2 You and your means any and all persons using this website.
1.3 We, us and our, means madeiraislanddirect.com, the web site for Madeira Holdings Limited. Accommodation providers, means the owner(s)/provider(s) of the hotels, apartments and villas featured. Service providers means accommodations providers and providers of all other services featured on this website.
1.4 Nothing on this website represents an offer on our part to sell a product, but an invitation to you to make a offer to us/our suppliers. We are free to accept or reject your offer on our behalf or on behalf of our suppliers. All products featured are prior to confirmation, subject to availability, and no warranties, promises or representations are given as to availability.
1.5 We are not a party to any rental transaction. We do not own nor can we enter into any contract concerning any property listed on the Site. Instead, the Site acts as a venue to allow a member of our Site (each, a "member") to offer for rent, or rent, in a variety of pricing formats, a specific holiday rental property to potential renters (each, a "traveller" and, collectively with a member, the "users"). We are not involved in the actual transaction between travellers and members even though we may from time to time provide tools, such as direct booking, that enable a traveller to enter into a transaction to lease a specific property directly from the member of that property. As a result, the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of members to rent holiday property or the ability of travellers to pay for holiday rental properties are solely the responsibility of the users.
1.6 As a condition of use of this website, you agree that you will not use it or any material or information on it for any purpose that is unlawful or prohibited by these conditions. You warrant that you are 18 years or older, and have the legal authority to use this website in accordance with these conditions. You agree to be financially responsible for any charges or fees that arise out of your use of this website.
1.7 This website is for your personal and non-commercial use. Nothing on this website may be reproduced without our prior consent, except in the course of using our service or recording a transaction with us. The site and its contents may not be modified, copied, transmitted, distributed, sold, displayed, licensed or reproduced in any way by you. The copyright in the material on this site belongs to us or our licensors.
1.8 We are an English registered company, and our business and the services we offer are governed by the applicable laws of England and Wales. No warranties and/or representations of any kind , express or implied, are given as to the compliance of the information on this site, the services offered by us or our suppliers, any information regarding such services and our business in respect of any laws of any other country.
1.9 Access to the site is conditional on your agreement that all information contained in it and all matters which arise between you and us will be governed by English law. Access is also conditional upon your agreement that any dispute or matter which arises between you and us will be dealt with exclusively by the Courts of England and Wales.
1.10 No warranties, promises and/or representations of any kind, express or implied are given as to the accuracy or completeness of any of the material or information contained on this website or as to the nature, standard, suitability or otherwise of any services offered by us or on our behalf and / or of any accommodation or services featured on this site. We will not be liable for any loss, damage, or other sum or claim of any nature (direct, indirect, consequential or other) which arises, directly or indirectly, in connection with this website including, for the avoidance of any doubt, and not by way of limitation, any use of any information or material contained in this website or any inability to access or use this website. These exclusions of liability apply only to the extent permitted by law.
1.11 The information on this website may contain inaccuracies and typographical and other errors. The information and/or prices are updated from time to time and therefore may at times by out of date. While we make every effort to ensure the accuracy of all such information and prices, unfortunately errors do occasionally occur. You must therefore ensure that you check all the details of the chosen services at the time you make your booking.
1.12 We have the right to change any aspect of the site or its content, including availability, features, and prices, at any time.
1.13 This website contains links to other websites. These other websites are not operated by us and are not under our control. We are not responsible for the content of such websites. We provide these links for your convenience only, but do not monitor or endorse the material on them. We cannot accept any liability whosoever and howsoever arising in relation to any such other websites, or in relation to any material or information appearing on them.
1.14 We make no warranty that this website is free from infection by viruses or anything else that has contaminating or destructive properties.
2.1 When making a booking we will need to collect information from you to process your booking. This includes, but is not limited to your name and address. Unless we have your consent we will only disclose personal data to third parties if this is required for the purpose of fulfilling your booking.
2.2 This is subject to the proviso that we may disclose your data to certain permitted third parties, such as our own professional advisors, who are bound by confidentiality codes, and when we are legally obliged to do so.
2.3 We retain and use your personal information to provide you with a personalised service and if you give us your permission, to give you details of offers which may be of interest. If you do not wish us to do so please let us know by sending us an email to HYPERLINK "mailto:firstname.lastname@example.org" email@example.com. We may also use the information to process any transactions and for internal analysis and administration.
3.1 Madeira Holdings Limited and madeiraislanddirect.com are committed to ensuring that the information you provide is secure. Any sensitive information that you provide is protected using SSL technology, which is the industry standard. This encrypts your personal information, including your credit card details so that it cannot be read as it is sent over the internet. Once your transaction is completed, your personal information is stored on a secure computer, so that it cannot be accessed across the internet.
Date Protection Policy
4.1 Your Booking: In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address, any special needs/dietary requirements etc.
We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as your tour operator, airlines, hotels, transport companies etc. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.
Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass any information onto any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements.
(If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.)
Usually your tour operator or other principal will pass this information onto their suppliers once we have provided it to them. The tour operator or other principal's use of your information is subject to their policy, both in respect of your booking and any future marketing, and is their responsibility. Please ask either us or them for a copy of this if you would like to see it.
Your data controller is: www.madeiraislanddirect.com
You are entitled to a copy of your information held by us. If you would like to see this please ask us. We may make a small charge for providing this to you.
Limitation of Liability.
5.1. In no event will the Site, our parent (Madeira Holdings Limited) subsidiaries, affiliates, officers, directors and/or employees be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from our Site, these Terms, your use of the Site and/or any transaction between users, even if we have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the Site, you do not agree with any part of these Terms, then your sole and exclusive remedy against us is to discontinue using the Site. In all events, our liability, to you or any third party in any circumstance arising out of or in connection with the Site is limited to the greater of (a) the amount of fees you pay to us in the six months prior to the action giving rise to liability, and (b) £100.00 in the aggregate. Nothing in these Terms shall exclude or restrict our liability for death or personal injury resulting from our negligence; nor for our fraud or our fraudulent misrepresentation.