Introduction
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Holiday PA, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, "User" or "Users" means any third party that accesses the Website and is not employed by and acting in the course of their employment or engaged as a consultant or otherwise providing services to Holiday PA and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Providers
Providers are individuals or businesses who offer their services through the Holiday PA platform. By registering as a Provider, you agree to:
1. Provide accurate and up-to-date information about your qualifications, experience, and services offered.
2. Comply with all applicable local labor laws and regulations in the destinations where you offer your services.
3. Maintain any required licenses, certifications, or insurance coverage necessary for the services you provide.
4. Accurately represent your availability and respond promptly to booking requests.
5. Provide the agreed-upon services in a professional and competent manner.
6. Use the Holiday PA platform for all communications and payments related to services booked through the platform.
7. Arrive on time for bookings. A buffer period of 10 minutes is allowed, after which penalties may be incurred. Repeated late arrivals may result in account suspension or termination.
8. In case of cancellation by the Provider, a full refund will be issued to the Customer. Repeated cancellations may result in account suspension or termination.
Customers
Customers are travellers or businesses seeking staffing solutions through the Holiday PA platform. By using the platform as a Customer, you agree to:
1. Provide accurate information about your staffing needs and requirements.
2. Treat Providers with respect and provide a safe working environment.
3. Comply with all applicable local labor laws and regulations.
4. Use the Holiday PA platform for all communications and payments related to services booked through the platform.
5. Provide honest and fair feedback about the services received.
6. Adhere to the cancellation policy: Customers may cancel a booking and receive a full refund up to 48 hours before the scheduled service. Cancellations made less than 48 hours before the scheduled service are not eligible for a refund.
7. Understand that significant changes to booking requirements made through the chat feature may not be accommodated. The determination of what constitutes a significant change is at the discretion of Holiday PA.
8. Agree to have your payment details saved by Holiday PA for future usage as a customer. This is to facilitate smoother transactions for repeat bookings.
Intellectual Property and Acceptable Use
1. All Content included on the Website, unless uploaded by Users, is the property of our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
2. You may, for your own personal, non-commercial use only, do the following: a. retrieve, display and view the Content on a device b. download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network) c. print one copy of the Content.
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without written permission.
4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that: a. is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; b. may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; c. may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam."
You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
6. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify for all claims resulting from Content you supply.
Prohibited Use
7. You may not use the Website for any of the following purposes: a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website; b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner; d. attempting to circumvent the Holiday PA payment system or booking process; e. engaging in any fraudulent or misleading practices related to the services offered or procured through the platform.
Registration and Security
8. You must ensure that the details provided by you on registration or at any time are correct and complete.
9. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
10. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
11. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
Privacy Policy and Cookies Policy
13. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please visit:
Platform Operations
14. Holiday PA acts as an intermediary platform connecting Providers with Customers. We do not employ Providers directly and are not responsible for the performance of services booked through our platform.
15. All payments for services must be processed through the Holiday PA platform. Any attempt to circumvent our payment system is a violation of these terms and may result in account suspension or termination.
16. Holiday PA charges a service fee for the use of our platform. This fee will be clearly displayed to Providers within the service creation modal before any service is listed. Customers will see the final price, which includes this fee.
17. In the event of a dispute between a Provider and a Customer, Holiday PA will make reasonable efforts to mediate and resolve the issue. However, we are not responsible for the outcome of any such disputes.
18. Cancellation and refund policies are as follows: a. Customers may cancel a booking and receive a full refund up to 48 hours before the scheduled service. b. Cancellations made by Customers less than 48 hours before the scheduled service are not eligible for a refund. c. If a Provider cancels a booking, the Customer will receive a full refund.
19. Holiday PA reserves the right to determine what constitutes a significant change to booking requirements made through the chat feature. Significant changes may not be accommodated, and the original booking terms will apply.
Availability of the Website and Disclaimers
20. Any online facilities, tools, services or information that Holiday PA makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Holiday PA is under no obligation to update information on the Website.
21. Whilst Holiday PA uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
22. Holiday PA accepts no liability for any disruption or non-availability of the Website.
23. Holiday PA reserves the right to alter, suspend or discontinue any part (or the whole) of the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of Liability
24. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
25. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
26. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
27. To the maximum extent permitted by law, Holiday PA accepts no liability for any of the following: a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; b. loss or corruption of any data, database or software; c. any special, indirect or consequential loss or damage.
General
28. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
29. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
30. These terms and conditions, together with the Privacy Policy and Cookies Policy, contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
31. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
32. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
33. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
34. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.