The terms "we", "us", "Company" and "SunnyRentals.com" refers to SunnyRentals.com Aps, a Danish company having its registered office at Peder Skrams Gade 17, 4., 1054 Copenhagen K, Denmark, its affiliates and/or their respective suppliers and providers ("SunnyRentals.com"), and "you" refers to the individual person creating an account with us and/or the customer making an enquiry or booking a reservation though us directly through this website, or indirectly through any of our affiliates through whom we provide services.

This website is offered to you and is conditioned on your acceptance without modification of the terms, conditions and notices contained herein as they exist at the time the reservation is made. All use of your account by you and utilisation by us of the information related to your account together with enquiries you make and reservations you book through us are subject to the following terms, conditions and notices. Your use of this website constitutes your agreement to all such terms, conditions, and notices. If you do not agree with these terms and conditions then you are not authorized to use this website. SunnyRentals.com may extend the benefit of the arrangements in this agreement to its affiliates which offer an online travel service under the SunnyRentals.com name in other countries.

Personal and non-commercial use limitation

This website is for your personal and noncommercial use. The content and information on this website (including, without limitation, price and availability of accommodation and travel services), as well as the infrastructure used to provide such content and information, is proprietary to SunnyRentals.com or its suppliers and providers. Accordingly, as a condition of using this website, you agree not to use this website or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your reservation confirmation (and related documents) for travel or services purchased through this website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this website. In addition, whether or not you have a commercial purpose, you agree not to:

• access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of SunnyRentals.com;
• violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;
• take any action that imposes, or may impose, in the discretion of SunnyRentals.com, an unreasonable or disproportionately large load on the SunnyRentals.com infrastructure; or
• deep-link to any portion of this website (including, without limitation, the purchase path to an individual property listing) for any purpose without express written permission of SunnyRentals.com

Copyright and trademark notices

All contents of this website are: ©2009 SunnyRentals.com Aps, Peder Skrams Gade 17, 4., 1054 Copenhagen K, Denmark. All rights reserved. SunnyRentals.com and SunnyRentals.com logo are registered trademarks or trademarks of SunnyRentals.com Aps. Other product and company names mentioned herein may be the trademarks of their respective owners.

Liability disclaimer

NOTHING IN THIS AGREEMENT SHALL, NOR SHALL BE DEEMED, TO LIMIT OR EXCLUDE OUR LIABILITY FOR OUR FRAUD NOR FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, SUNNYRENTALS.COM AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO HOTEL AND OTHER SUPPLIER PHOTOGRAPHS, HOTEL PROPERTY, CRUISE, AUTOMOBILE AND OTHER PRODUCT DESCRIPTIONS AND LISTS OF HOTEL AMENITIES AND OTHER PRODUCT DESCRIPTIONS DISPLAYED ON THIS WEBSITE, MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND SUNNYRENTALS.COM AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SUNNYRENTALS.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.

SUNNYRENTALS.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY SUNNYRENTALS.COM OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SUNNYRENTALS.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE PROPERTY OWNERS, PROPERTY MANAGERS AND AGENTS, AND OTHER SUPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR SUNNYRENTALS.COM ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF SUNNYRENTALS.COM OR ITS AFFILIATES. SUNNYRENTALS.COM AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. SUNNYRENTALS.COM AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL SUNNYRENTALS.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF SUNNYRENTALS.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend and indemnify SunnyRentals.com, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:

• you or on your behalf in excess of the liability described above; or
• by third parties as a result of
• your breach of this agreement or the documents referenced herein;
• your violation of any law or the rights of a third party; or
• your use of this website.

No unlawful or prohibited use

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Links to third-party sites

This website may contain hyperlinks to websites operated by parties other than SunnyRentals.com. Such hyperlinks are provided for your reference only. SunnyRentals.com does not control such websites and is not responsible for their contents or your use of them.
SunnyRentals.com's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Software available on this website

Any software that is made available to download from this website ("Software") is the copyrighted work of SunnyRentals.com Aps, its affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a License Agreement, SunnyRentals.com Aps hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this website in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this website, is owned by SunnyRentals.com Aps, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of Denmark and the European Union. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to Danish export restrictions.

Terms, conditions and warranties

Travel Destinations

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. SunnyRentals.com urges passengers to review travel prohibitions, warnings, announcements and advisories issued by their local governement advisory service, such as the U.K. Foreign office.

BY OFFERING FOR BOOKING ACCOMMODATION IN PARTICULAR INTERNATIONAL DESTINATIONS, SUNNYRENTALS.COM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

Modification of these Terms and Conditions

SunnyRentals.com reserves the right to change the terms, conditions, and notices under which this website is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of this website and its facilities.

General

This agreement is governed by the laws of Denmark. You hereby consent to the exclusive jurisdiction and venue of courts in Denmark, in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SunnyRentals.com as a result of this agreement or use of this website.

SunnyRentals.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SunnyRentals.com's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by SunnyRentals.com with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and SunnyRentals.com with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and SunnyRentals.com with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

Use of SunnyRentals.com website

The SunnyRentals.com website is provided solely to assist people to search for and determine the availability of holiday rental properties and associated travel services, and to make legitimate enquiries and reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this website (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this website by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this website is true and accurate. Without limitation, any speculative, false, or fraudulent enquiries or reservations or any reservations in anticipation of demand is prohibited. You agree that the enquiries and reservations facilities of this website shall be used only to make legitimate enquiries and reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the enquiry and travel services reservation facilities of this website may result in you being denied access to such facilities.

Separate terms and conditions apply to Property Owners who wish to create promotional listings for their rental properties on this website.

Separate terms and conditions will also apply to any reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier\'s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, rental properties, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in SunnyRentals.com debiting your account for any costs SunnyRentals.com incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.

Property description, availability and rates

The rates, availability, property description, photographs and other information about a Property as described in a property listing have been provided by the Property Owner when they created their property listing.

While SunnyRentals.com checks each property listing to ensure that it meets our guidelines about acceptable content, we do not check or validate all of the information published by each Property Owner and therefore cannot be held liable for any incorrect information that is published on its site. If you have a complaint against a Property Owner relating to incorrect information, you should advise SunnyRentals.com through the Contact Us page.

Sunny Verified

A Property Owner may pay SunnyRentals.com to receive a certification called "Sunny Verified", which can be seen on the a property listing on the search results page, and next to the Property Owner details in the Book & Enquiry tab on any property listing.

When a Property Owner and property listing are Sunny Verified it means that we have viewed evidence that:

• the Property Owner holds title over the property listing; and
• if a company or business, the Property Owner is registered as a legitimate business, we have a valid company number and VAT number for the company and we have witnessed company registration papers; or
• if a private person, the Property Owner has been verified at an address and telephone number, and we have received a copy of photo identification such as valid Drivers License or Passport; and
• in all cases we have a billing relationship with the customer since we have received payment from them.

While these measures are designed to stop fraud, we do not guarantee bookings made with these Property Owners, and Users must use the same precautions as they would when entering a commercial relationship with anyone they do not know. Tips for Users to protect against fraud are included on our Support site.

Enquiry Form

SunnyRentals.com has absolutely no involvement in the booking process or transaction between a Property Owner and User of this site who books a property, although we may provide tools to enable the transaction between Property Owner and User. It is the sole responsibility of the Property Owner to be eligible to rent the property and the sole responsibility of the User to pay for the rental.

We cannot be held responsible in the event that a Property Owner does not respond to your enquiry, neither in the event that the prices and availability described on the property listing differ from actuality as confirmed by the Property Owner.

To ensure that your enquiry is answered in a timely manner, we recommend that you contact the Property Owner both by telephone and by filling out the Enquiry Form found on every property listing page under Book and Enquire.

Currency converter

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated every day. The information supplied by this application is believed to be accurate, but SunnyRentals.com, its affiliates, and/or their suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, SunnyRentals.com advises the customer to consult a qualified professional to verify the accuracy of the currency rates. SunnyRentals.com, its affiliates, and/or their suppliers do not authorize the use of this information for any purpose other than personal use and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.

User reviews, ratings, comments and content

SunnyRentals.com may offer a facility allowing users of this website to post Reviews (“User Reviews”). You disclaim any proprietary rights you may have in such User Reviews, and the same may be freely used, copied, distributed and made available in any medium and in any form by SunnyRentals.com or its affiliates without your permission. Where this posting facility is offered, you expressly agree only to submit User Reviews that are appropriate to that service, complying with these terms and conditions and also any accompanying guidelines made available on this website.

Specifically, by using such a service, you represent and warrant that:

• you own or otherwise control all of the rights to the User Reviews that you post;
• as at the date of posting, the User Reviews submitted are accurate;
• User Reviews that you supply do not breach any SunnyRentals.com terms and conditions of use, guidelines or policies (as applicable from time to time);
• you will not intentionally or recklessly post information that could cause injury or offend any person or their business and in particular: you will not post any comments, information or material that is untrue; malicious; defamatory; abusive; obscene or could reasonably be taken as such;
• you will not act in any way to deceive or mislead and will not engage in or encourage any fraudulent or illegal activity;
• you will not to post or distribute any information or material that is owned by any third party without the express written consent of such party to do so.

SunnyRentals.com does not edit User Reviews submitted and to the fullest extent permitted by law will not be in any way responsible or liable for such User Reviews or their subsequent posting, use or distribution. In addition, SunnyRentals.com does not verify, endorse or approve the views or comments expressed in any User Reviews which are the personal views of the individuals submitting them. Any decisions made on the basis of reviews or comments appearing on the service are taken at your own risk.

SunnyRentals.com reserves the right for any reason in its sole discretion to refuse to post or remove (without notice) any User Reviews. Amongst other things, this includes situations where SunnyRentals.com receives a third party complaint and/or has reason to believe that there has been a breach of these terms and conditions.

If you have a complaint about any reviews, comments or material posted on this website you should put such complaint in writing (giving as much information as possible about the circumstances) to: support@sunnyrentals.com.

Note that SunnyRentals.com reserves the right to ask for further information in relation to nature of such complaint and, if necessary, may ask you to verify your identify.

© 2012 SunnyRentals.com Aps. All rights reserved.

This document informs you of the additional terms and conditions under which you may make use of www.sunnyrentals.com ("our site") as a property owner or agent (a "Property Owner") to create and publish property advertisements on our site. If there is an inconsistency between any of the provisions of these additional terms and conditions ("Property Owner Terms & Conditions") and the General Terms & Conditions, the provisions of the Property Owner Terms & Conditions shall prevail.

Please read the General Terms & Conditions and this Property Owner Terms & Conditions thoroughly before using our site. By creating and publishing a property advertisement on our site, you indicate that you accept the Property Owner Terms & Conditions.

Information about us

The SunnyRentals.com website is operated by SunnyRentals.com Aps. The terms "we", "us", "Company" and "SunnyRentals.com" refers to SunnyRentals.com Aps, a Danish company with its registered office at Peder Skrams Gade 17, 4., 1054 Copenhagen K, Denmark, its affiliates and/or their respective suppliers and providers ("SunnyRentals.com"), and "you" refers to the individual person or company creating a Property Owner account with us in order to create and publish property advertisements on our site.

We are a service that allows the creation, editing and publishing of property advertisements for Property Owners and a travel and accommodation search facility for other Users of our site ("Users"). Apart from our Book Now feature which is covered by separate terms and conditions, we have absolutely no involvement in the booking process or transaction between Property Owner and User, although we may provide tools to help enable the transaction between Property Owner and User. It is the sole responsibility of the Property Owner to be eligible to rent the property and the sole responsibility of the User to pay for the rental.

Rules for property advertisements

By creating and publishing a property advertisement on our site and by providing information to us, you agree to the following rules.

Eligibility to advertise the property

To provide upon request from us proof of personal identification, proof of ownership of the property advertised on our site and proof of authority to list the property.

Prior to activation of an property advertisement all content that you submit is subject to our approval. As part of that process and in an ongoing capacity we reserve the right to review and amend content and photographs you supply. Specifically, website URLs and email addresses may not be included in your advertisement content, unless specifically allowed by us.

Multiple properties

That a property advertisement on our site pertains to one holiday rental property or unit, not multiple units on a single property, nor an example of properties in a certain region. Only one holiday rental unit should be represented in an property advertisement unless prior permission has been given by us. We reserve the right to amend any property property advertisements not adhering to this policy.

Multiple unit dwellings and property advertisements

Multiple unit dwellings are classed as a set of units available for holiday rental that are located on the same site or complex, and advertised by the same Property Owner which can be rented individually or in combination. We provide a feature called "linking" which allows you to combine multiple property advertisements into an property advertisement for a multiple unit dwelling. While they may be linked in this way, each property unit must have its own property advertisement page.

Exchanging properties

A property advertisement on our site relates to a specific property, and this property must not be substituted for another by way of changes to the text and photographs unless prior permission has been given to the Property Owner. If a Property Owner is found to have changed the property being described, we reserve the right to suspend any property advertisements published by that Property Owner, with no refund for advertisement fees or other services purchased.

Availability calendar accuracy

It is a requirement of your creating and publishing a property advertisement with us that your availability calendar accurately reflects the availability for the advertised property at the time the calendar is updated. Misrepresentation of availability of the property advertised is misleading to Users. We reserve the right to withdraw the calendar facility or terminate any property advertisements concerned, without refund, where we believe calendars to be misleading.

Availability calendar updating

Furthermore, we recommend that calendars are updated on a weekly basis. However, our minimum requirement is that calendars are updated at least once a month. This includes confirming if there have been no changes in that period. Failure to provide the minimum frequency of updates will affect a property advertisement's ranking in our search results and will limit enquiries and booking received. We reserve the right to withdraw the calendar facility from property advertisements where availability is considerably out of date. Property advertisements that repeatedly fail to meet this minimum requirement could be terminated without refund.

Termination of a property advertisement

If we receive substantiated complaints from any number of Users about a specific property advertisement misrepresenting the property, or its surroundings, or the inappropriate behaviour of a Property Owner, then we reserve the right to remove the property advertisement without notice, and retain payment.

If a Property Owner attempts to enter unsuitable material into the online database, or persistently misuses our website, we reserve the right to remove the associated property advertisement from our site, as well as any other property advertisements associated with the infringing Property Owner, and ban the Property Owner from accessing his or her account. Full payment will be retained.

We reserve the right to refuse or remove any property advertisement from our site that we consider unsuitable, incomplete or misleading, and will not be liable for any expense in so doing.

We reserve the right to refuse any property advertisement on our site where the content fails to meet our minimum requirements.

If a Property Owner is in breach of these terms we may remove the property advertisement from our site without notice and without refund.

If a Property Owner wishes to have their property advertisement removed from our site before the end of their paid subscription, this will be done as soon as we receive formal notice from the Property Owner by email, quoting their Property Owner ID, email address or telephone number and password. No refunds will be given.

Additional rules relating to subscriptions

We provide one simple property advertisement subscription (Premium) which is charged on an annual basis. Upon the 12 month anniversary of the subscription start-date, the Property Owner will receive the option to renew the subscription for an additional period, by making a payment by credit card for a further subscription period at the then current subscription rates. In the event that the Property Owner does not renew the subscription, the property advertisement will be set to draft status, and will no longer appear on our website until a renewal is completed.

Should the Property Owner renew the subscription after the expiration date, the new subscription period will start from the first date after it previously expired. In the event that a Property Owner has not renewed a subscription 1 year after its expiry date, we reserve the right to delete the Property Owner account and draft property advert from our system.

Contactability

In the interest of maintaining a high level of service to Users of our site, we require all Property Owners to be available to respond to enquiries by telephone or email. Should Property Owners be unavailable for a period of more than 1 week, we ask them to leave an voicemail message to that effect or to set up an out of office response on their email account. If neither of these options is viable, we ask that Property Owners contact us so we can temporarily suspend their property advertisement. We reserve the right to suspend property advertisements of Property Owners who are unreachable for more than one week. In this instance we will send messages by telephone and email asking for the Property Owner to request re-activation upon their return.

Ratings and reviews

All reviews of your properties must be genuine comments from your guests. We reserve the right to request the email address of the guests whose comments are included for the purposes of verification.

Unauthorised payment options

No Property Owner should request payment from a User via an instant cash wire transfer service such as Western Union or MoneyGram transfer. Neither may you request payment by cash sent by post. Such actions may result in immediate termination of your Property Owner account and suspension of your property advertisements. Payment should be accepted via credit card, cheque, bank transfer or PayPal.

External links

We reserve the right to remove from property advertisements both email addresses and links to external websites which either do not conform to the guidelines provided, or which we feel are not appropriate, or act against the interests of us or our Property Owners. The ultimate responsibility and authority for determining the aforementioned rests solely with us. Should a Property Owner add a link or email address without consent, re-add a link or email address after its removal or remove reciprocated links from their website, we reserve the right to cancel their Owner account and property advertisements without refund.

Payment for subscriptions and services

For online payments, follow the simple instructions on our website when ordering a Premium property advertisement or other service for online payment by credit card.

If you prefer to supply us with your credit or debit card details by fax or telephone, please contact our customer support by using the Contact Us form with a telephone number they may contact you on.

Taxes including VAT

We are legally required to charge VAT on our fees at 25% to Property Owners who are either resident in Denmark or who are private individuals resident in the EU.

If you are an Property Owner resident outside the EU, VAT will not be charged as our services are outside the scope of Danish VAT when provided to you.

If you are a Property Owner within the EU registered as a company for VAT purposes (except in Denmark) and if you provide us with a valid EU VAT number, we will not charge Danish VAT on our fees.

Please note that all Property Owners, whether they are businesses or not, are responsible for charging and accounting to the relevant authorities for taxes (including, where relevant, VAT) on the rental payments they receive.

Refund policy

We provide an advertising service rather than a physical product. We offer a 'cooling off period' of seven working days wherein an Property Owner may cancel their order for a Premium property advertisement through the 'Contact Us' form on our site, stating the Property Owner ID, property ID and the Property Owner's password. The 'cooling off period' applies to the initial payment of a subscription, and not to any subscription renewals.

Changes to pricing and conditions

We reserve the right to change the rates and conditions without notice. Any new rates will be applicable immediately for all new property advertisements and renewals for both new and existing Property Owners. We will announce new pricing by email to all Property Owners a minimum of 30 days before coming into effect, to allow for cancellation of subscription renewals before the new prices take effect.

Information you provide us

All copyright, database rights, trade marks and design rights ("Intellectual Property") in our site and in the material published on it belong to us, our licensors or our Property Owners.

You may download material from our site for the sole purpose of using our site, but you must not copy, transmit, modify, republish, save, pass off or link to any content or material on our site without our prior written consent.

In respect of any information you provide to us or other Users of our site you will retain all rights you have in the Intellectual Property in such material, but you agree to:

• warrant to us that the material is your own original work and not entirely or partially copied from any other material; that you have all consents necessary to upload the material; that the material is accurate, complete and true; and that the material does not defame, cause injury to or invade the privacy of or otherwise infringe or violate any statutory, common law, regulatory or Intellectual Property rights of any third party;
• compensate us for any losses or liability suffered as a result of any claim against us by another User or any other third party in relation to the material which you provide;
• grant to us and our licensees a non-exclusive worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the Intellectual Property you have in such material in any media known now or in the future; and
• waive any moral rights or similar rights you have in the material whether such rights arise pursuant to the Copyright, Designs and Patent Act 1988 or equivalent legislation anywhere in the world.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials which you upload to our site or information you provide to us or any User of our site.

Your safety

Consideration should always be given to the nature of advertising online, contracts transacted on the Internet and the risks involved. Although we encourage Property Owners and Users to make direct contact with each other, you may never meet or directly speak to an Property Owner or a User, and you must therefore proceed with care and judgement when using our site. You can find tips for Property Owners and Users in our Support site.

Your waiver and indemnity

Your contract for the rental of any property you list on our site is directly with the User of our site and we are not a party to that contract.

In recognition of this, you agree to waive any claim you may have against us that is in any way connected with a dispute you have with a User of our site; and compensate us for any losses or liability suffered as a result of any claim against us by a User of our site or any other third party in relation to your dealings with Users of our site and third parties.

Our liability and responsibility

We act merely as an creating and publishing a property advertisement service through which you can advertise properties to Users of our site and we make no representations or warranties regarding the capacity of any User of our site to make a booking with you.

To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
• any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation, any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Interruptions in our service

Whilst we take every care to maintain the continuity of our site, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate our site or any particular part of it.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

No partnership or agency

Nothing in these Property Owner Terms & Conditions or in your use of our site creates, or is intended to establish, any partnership, joint venture or agency between us.

Law and jurisdiction

These Property Owner Terms & Conditions are governed by law of Denmark, and the courts of Denmark will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site (although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country).

You agree to comply with all applicable laws, statutes and regulations concerning your use of our site. Each and every booking carried out on, or as a result of use of, the website is deemed to be completed within Denmark and therefore shall be governed by and interpreted in accordance with the law of Denmark.

Events beyond our control

We will not be in breach of these Property Owner Terms & Conditions, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Invalidity

If a provision of these Property Owner Terms & Conditions (or part of any provision) is found illegal, invalid or unenforceable, the enforceability of any other part of these Property Owner Terms & Conditions will not be affected.

Variations

We may revise these Property Owner Terms & Conditions at any time by amending this page or by publishing notices elsewhere on our site.

Notices

Any notices that you wish to send us should be emailed to info@sunnyrentals.com. Any notices that we may wish to draw to your attention to will be displayed on our site or through our newsletter communications.

Last updated: 10 March, 2011

 

1. Performance Guarantee

In the event that you do not receive more than 12 enquiries from guests through your Premium advert on SunnyRentals.com, we will extend your Premium advert for an additional 12 months free of charge. This Performance Guarantee is subject to the terms and conditions listed below.

2. Notifying SunnyRentals.com of a request for extension

You must contact our customer support within the thirty (30) day period prior to the end of the twelve (12) month term of your Premium advert to make a request for an advert extension under our Performance Guarantee.

3. Qualifications

The Performance Guarantee is available only for existing or new Owners who publish their first full-priced Premium advert between 3 March 2011 and 3 September 2011. Additional Premium adverts that are published at our reduced rate do not qualify. To qualify, Owners and their qualifying adverts must meet the following additional criteria:

• The property must be available for rent for at least six (6) months during the twelve (12) month Premium advert period.
• The rental rates must be displayed on the advert for at least twelve (12) months in advance of open dates.
• The property calendar must be updated at least twice per month throughout the twelve (12) month Premium advert period.
• You must upload and maintain a minimum of 12 photos that meet our minimum quality guidelines during the 12 month period.
• The Premium advert must be at least 90% complete based on the fields provided in advert wizard.
• Adverts only from the owner of the holiday home qualify; the guarantee is not valid for property managers or agents.
• Your Premium advert must be published live to our website no later than 7 days after it was purchased and must remain published during the full 12 month period.
• You may not embed links to any external websites or email addresses in your property advert, including watermarks on photos (except where it is supported on the Enquiry page).
• The Performance Guarantee is not valid if the property is sold during the listing period or is leased on a long term basis for more than 2 months.
• The property must not be a timeshare.
• The Performance Guarantee is valid for a full-priced SunnyRentals Premium advert, as paid at the time of the order (current full-priced Premium advert is €99, $149, £89, DKK795, SEK990, NOK890 - as of 3rd May 2011).

4. Restrictions

If after eleven (11) months of advertising with a Premium advert on our site, you have failed to receive more than 12 guest enquiries for your property through our site, you may request a 12 month extension of your Premium advert. The Performance Guarantee is limited to one 12 month extension per Owner (regardless of the number of accounts used by the Owner).

5. Verification of Request for Extension

Upon making a request for an extension to our customer support, you will be provided with a Request for Extension Form which you must complete and return to SunnyRentals.com.

All requests for extension are subject to verification by SunnyRentals.com. SunnyRentals.com will not verify any request that it believes, in its sole discretion, is made fraudulently or in bad faith. Verified requests will receive a 12 month extension to their Premium advert from the date that the extension is granted, not later than the original expiration date of the Premium advert.

6. Changes to Performance Guarantee

SunnyRentals.com reserves the right in its sole discretion to modify or discontinue the Performance Guarantee or to restrict its availability to any person, at any time, for any or no reason, and without prior notice or liability to you. The terms that are in effect at the time of your Premium advert is purchased will determine your eligibility under the Performance Guarantee. The failure by SunnyRentals.com to enforce any provision of these Terms & Conditions shall not constitute a waiver of that provision.

7. Valid dates

The Performance Guarantee is valid for all first full-priced Premium adverts purchased by each Owner between 3 March 2011 and 3 September 2011 CET (Central European Time).

 

SunnyRentals.com ApS (“SunnyRentals”) operates and manages a holiday rentals website ("SunnyRentals Website") that allows people to search for holiday properties, make enquiries to the Agent or owner and book and pay for rentals of these properties, and allows Agents and private owners to list their property for rental on the website.

SunnyRentals allows other website publishers and online marketers ("Partners") to refer users to the SunnyRentals Website using banners, product data, widgets, text-links, e-mails and videos or through search engine marketing ("Ad Media"). The Partners incorporate or embed the Ad Media into their website(s) or e-mail ("Advertising Space"). For any referrals leading to guest enquiries, guest bookings, property owner advert publishing or other events of value to SunnyRentals ("Conversion Events"), SunnyRentals pays the Partner a commission or previously specified amount.

1. CONCLUSION OF AGREEMENT (THESE TERMS AND CONDITIONS)

1.1 To participate in the SunnyRentals Partner Program, Partner must register on the SunnyRentals Partner website (http://partner.sunnyrentals.com).

1.2 Legal entities or private individuals over 18 years of age may register as Partners. Partner must have a bank account. SunnyRentals reserves the right to verify the Partner’s business and personal data.

1.3 By completing the registration form and accepting these Terms and Conditions, the Partner submits an offer to conclude an agreement for registration with and participation in the SunnyRentals Partner Program subject to these Terms and Conditions.

1.4 If SunnyRentals accepts the offer, it will confirm this and Partner’s registration by e-mail. SunnyRentals reserves the right to refuse an offer without citing any reasons for its refusal. The registration with and the participation in the SunnyRentals Partner Program is free of charge.

1.5 The interface for registered Partners ("SunnyRentals Interface") will provide the Partner with an overview of the SunnyRentals Campaigns, as defined in Clause 2.1, that are open at that time for their participation. Using the SunnyRentals Interface, Partner can also review and alter its business and personal data, review reports, statistics, earnings and account statements.

2. SUBJECT OF THESE TERMS AND CONDITIONS

2.1 SunnyRentals operates and manages the SunnyRentals Partner Program. Partner is a legal entity or individual providing Advertising Space to SunnyRentals for the purpose of marketing the SunnyRentals Website and specific offers made through the SunnyRentals Website.

2.2 Partner incorporates SunnyRentals Ad Media into Partner’s Advertising Space. Whenever third parties, such as end-consumers, etc., click on the Ad Media and this subsequently results in a business transaction with SunnyRentals (as defined in the Commission section), the Partner will earn commission for providing the Advertising Space that successfully linked the end-consumer to SunnyRentals. Subject to Clause 6, Conversion Events establish the right to earn and receive commission. A business transaction can be the completion of a booking or purchase by an owner of a paid advertisement ("Sale"), but it may also be defined as the sending of an enquiry or subscription to a newsletter, or publishing of a free advertisement by an owner ("Lead"). The business transaction and the calculation of commission relating thereto is specified in the Commission section, which may be updated from time to time.

2.3 SunnyRentals monitors and registers the Conversion Events concluded by means of SunnyRentals’ unique tracking pixel (“Tracking"). Only the Tracking by SunnyRentals shall determine whether or not a successful business transaction has been concluded and the calculation of commission. SunnyRentals provides the Partner with tracking and commission data on the Partner’s account with SunnyRentals (“Partner Account”), which is accessible through the SunnyRentals Interface.

2.4 Through the SunnyRentals Interface, Partner can control its advertising activities, in particular, Partner is able to select Ad Media and embed / incorporate them into Partner’s Advertising Space. The applications are available through the SunnyRentals Interface.

2.5 SunnyRentals shall use reasonable commercial efforts to make sure that the available applications are up-to-date, complete and correct. Due to maintenance or other improvements certain functions may be temporarily unavailable. In case that any interruption or failure has a greater than a minor impact, SunnyRentals shall remedy them without delay to the extent this is in fact feasible and can reasonably be expected of it, in particular from an economic and legal perspective.

2.6 SunnyRentals attempts to continuously develop and improve the SunnyRentals Partner Program. In the course of such development, SunnyRentals may enhance, expand or modify individual applications. This includes discontinuing functionalities or other features of the services, as far as the changes do not result in a significant change of SunnyRentals’ contractual duties as set forth in these Terms and Conditions. SunnyRentals may alter services, in particular if such alteration is customary in the industry or if changes are required by law.

3. PARTICIPATION IN PARTNER PROGRAM

3.1 Partner will have access to SunnyRentals Ad Media using the SunnyRentals Interface, in particular suggested text links, banners, custom widgets, and when approved for access, product feeds and white-label configuration.

3.2 The Partner’s Advertising Space will be subject to review by SunnyRentals in terms of compliance with these Terms and Conditions. Should the Advertising Space listed by Partner during the registration process not correspond to the Advertising Space actually available, or otherwise not comply with the conditions set forth in these Terms and Conditions, then SunnyRentals may, at its own discretion and without obligation to cite any reason, block the Partner’s Account with immediate effect or terminate these Terms and Conditions.

3.3 Partner is not entitled to being admitted as Partner; nor can Partner derive any claims whatsoever from non-admission.

4. DUTIES OF THE PARTNER

4.1 By registering with SunnyRentals:

4.1.1 Partner warrants that all the data provided at registration is correct and complete. Should the data provided at registration change at any time after registration, the Partner must change his profile stored on the SunnyRentals Interface.

4.1.2 Partner is under an obligation to submit to SunnyRentals, as part of the data, Partner’s tax payer identification number issued by their domestic tax authority, VAT-number, and all other tax and duties numbers issued by tax authorities as required by law by any relevant jurisdiction. Under certain circumstances, e.g. in order to avoid withholding obligations under a local jurisdiction, SunnyRentals may require that Partner obtains a specific tax or duty number.

4.1.3 The Partner undertakes to keep the access data selected at registration (user name and password) confidential, not to communicate such data to third parties and to keep such data away from third parties. No third party must be able to use or access the access data. Partner who has reason to assume that third parties have become aware of its access data must immediately inform SunnyRentals in writing or by e-mail sent to partner@sunnyrentals.com. Partner shall be solely responsible for its username and password.

4.2 Displaying Ad Media on Advertising Space

4.2.1 Partner must hold all ownership rights to the Advertising Space, and consequently, the Advertising Space must be free of any third party rights whatsoever, except where SunnyRentals has provided its express written authorization concerning use of sub-Partners, cf. Clause 4.5.

4.2.2 By retrieving Ad Media from SunnyRentals Partner Interface and incorporating or embedding the Ad Media into Partner’s Advertising Space, Partner warrants that the Advertising Space and Partner’s advertising activities, as a whole: (a) Do not infringe any third party rights, in particular, but without limitation, copyrights, trademark rights and personal rights.
(b) Are in compliance with all applicable laws, whether domestic or foreign, including but not limited to, laws regarding the processing of personal information, marketing, consumer protection, competition, and the use of intellectual property rights.
(c) Do not encourage social upheaval, revolution or endangers any democratic constitution, do not glorify violence, are not racist, pornographic, liable to corrupt youth, or which in any way appear offensive or be directly or indirectly connected/related to a person’s or peoples racial or ethnic background, political, religious or philosophical conviction, trade union affiliation, health and/or sexual orientation, or otherwise be unfit to be made generally and/or publicly accessible.
(d) Contains IT virus of any sort or in any other way disturbs the operation of the SunnyRentals Partner Program including, but not limited to, SunnyRentals’ website and IT-system.

4.2.3 The Partner shall, subject to applicable law, respect and comply with the prohibition against unsolicited advertisement (“Spam”) when sending e-mails containing Ad Media. The consent of each and every recipient is to be obtained prior to sending e-mails in accordance with the laws that apply to Partner. Should SunnyRentals so request, Partner must provide written evidence that such consent has been granted.

4.3 The Partner must not use keywords containing legally protected terms such as, in particular, trademarks of SunnyRentals or of SunnyRentals's competitors ("Brand Bidding"), unless SunnyRentals or SunnyRentals has provided their express written permission.

4.4 The Partner hereby undertakes to refrain from attacks of any kind on the SunnyRentals Partner Program (“Technical Intrusion”). Attacks are, without limitation, defined in particular as attempts made to overcome or circumvent the security mechanisms of the SunnyRentals Partner Program or to otherwise incapacitate them, using computer programs enabling automatic data readouts, as well as using and/or circulating viruses, worms, Trojans, brute force attacks, spam or using other links, programs or procedures that are suited to damage the SunnyRentals Partner Program or individual Partners in the SunnyRentals Partner Program. Any kind of Technical Intrusion shall be subject to criminal prosecution.

4.5 SunnyRentals does not accept Partner’s sub-Partners unless SunnyRentals has provided its express written authorisation in each single case and always conditional upon the sub-Partner accepting these Terms and Conditions. Partner shall communicate these Terms and Conditions to its sub-Partners and obtain their acceptance of these Terms and Conditions, which acceptance Partner shall forward to SunnyRentals on demand. Partner must monitor and enforce sub-Partners compliance with these Terms and Conditions. Partner is liable for the conduct, actions and omissions, of its sub-Partners.

5. MISUSE

Any form of misuse, i.e. procuring Conversion Events by unfair methods or violating applicable law, or non-compliance with these Terms and Conditions or the principles of the SunnyRentals Partner Program, is prohibited.

5.1 In particular, Partner is prohibited from attempting to obtain commission by procuring Conversion Events themselves or through a third person using the Ad Media, tracking links and/or other technical aids provided to them in the SunnyRentals Partner Program using one or several of the following methods, but not limited thereto:

5.1.1 Fraudulently pretending or faking Conversion Events, for example by entering third party data without authorization or by providing false or non-existing data when ordering goods or registering online, signing up for newsletters etc.;

5.1.2 Using Ad Media that enables Tracking although the Ad Media is not displayed at all, not visible or not in the manner and/or size stipulated in SunnyRentals Program or by SunnyRentals;

5.1.3 Brand-Bidding; or

5.1.4 Using an Advertiser’s Ad Media on a cash back/incentive Advertising Space.

5.2 Any form of misuse will lead to immediate blocking of the Partner Account and use of Ad Media by SunnyRentals. In such case Partner may file an objection (e.g. via letter, fax, e-mail) with a statement and evidence that the chosen form of advertising is in accordance with these Terms and Conditions. The objection must be filed no later than 7 calendar days after the blocking has been initiated. If the Partner cannot rebut the breach of these Terms and Conditions, SunnyRentals will issue a notice of termination. The aforementioned shall not exclude SunnyRentals from terminating these Terms and Conditions with immediate effect under Clause 7.1. In the event of termination, the Partner Account will be liquidated pursuant to the stipulations of Clause 7 of these Terms and Conditions. In case of misuse, the Partner shall not be entitled to any Commission earned in respect of the Partner Program. For each case of intentional or negligent violation of these Terms and Conditions, the Partner hereby undertakes to pay SunnyRentals liquidated damages in the maximum amount of the current balance of the Partner’s Account, however, never less than DKK 50,000. SunnyRentals shall have the right to claim actual damages in addition to any liquidated damages.

6. COMMISSION

6.1 Partner will receive performance-based commission (“Commission”) subject to these Terms and Conditions.

6.2 The amount of the Commission in each individual case, and the type of Conversion Events entitling to the payment of Commission shall be defined in the Commission section of the Partner Interface. SunnyRentals may modify the conditions of SunnyRentals Program or terminate the entire program with immediate effect for the future. Partner shall not demand a program being operated at all or at certain conditions. The conditions of the SunnyRentals Program can be viewed in the SunnyRentals Interface. Partner has no claim for any further compensation of expenses or costs etc. in that regard.

6.3 Unless additional conditions are stated in these Terms and Conditions, the Partner’s entitlement to payment of Commission shall be subject to the following conditions (Clause 6.3.1- 6.3.4) all being fulfilled:

6.3.1 A Conversion Event between a customer and SunnyRentals has been effected via the Advertising Space;

6.3.2 The Conversion Event has been tracked by SunnyRentals;

6.3.3 SunnyRentals has verified the Conversion Event, and in the case of a Sale, the customer has paid the required remuneration into SunnyRentals’ bank account (i.e. SunnyRentals shall under no circumstances be liable to pay Commission if the customer does not pay SunnyRentals the corresponding remuneration);

6.3.4 There has been no misuse within the meaning of Clause 5 of these Terms and Conditions.

6.4 SunnyRentals will set up a Partner Account where Partner’s Commission will be registered. No interest will be paid on any credit balance in the Partner Account.

6.5 Commission will be calculated and credited to Partner's account on a calendar month basis, subject to Clause 6.3. A Partner may request the payment of Commission earned and credited to its Partner Account ("Payout"), and following this request, be paid no later than 30 days later. Commission will be paid into the bank account specified by the Partner, which must be an account with a bank participating in the IBAN/BIC System. Payments to domestic accounts are free of charge, though SunnyRentals reserves the right to introduce charges to cover possible bank charges. If Partner’s bank account is not domestic, SunnyRentals will pay out Commission against reimbursement of the relevant bank charges to SunnyRentals’ own bank, which will be deducted from the Commission to be paid.

6.6 Notwithstanding what is previously mentioned, SunnyRentals will not pay out Commission if the Commission amounts to less than DKK/SEK/NOK 300 or USD/GBP/EUR 40 (“Minimum Commission”). If the Commission in the Partner Account is less than the Minimum Commission, it will be carried forward to the next calendar month and so forth.

6.7 It is possible to pay out Commission to accounts with banks not participating in the IBAN/BIC System against reimbursement of all bank charges actually incurred. The bank charges will be deducted from the amount to be paid.

6.8 In the case that Commission is earned on SunnyRentals net earnings from a Conversion Event, SunnyRentals net earnings are calculated according to the following formula: SunnyRentals net earnings = Price paid by customer minus any VAT required to be paid by SunnyRentals minus the wholesale cost of booking (if applicable). The wholesale cost of booking is the full amount to be paid to the property owner or Agent to secure the booking. No wholesale costs are deducted from sales of property Adverts, even though there are wholesale costs to provide these services.

7. TERM OF AGREEMENT AND TERMINATION

7.1 These Terms & Conditions are concluded for an indefinite term. The parties may terminate these Terms and Conditions at any time in text form (letter, fax, e-mail) and with immediate effect. If a Partner Account has been inactive for a period of 12 months, then the Terms & Conditions shall terminate automatically at the end of such 12 month period.

7.2 Any business transaction that was procured via the Advertising Space at the time of termination will be processed pursuant to Clause 6 following the receipt of the termination notice. Upon the expiry of these Terms and Conditions, any credit balance remaining will be paid to the Partner against a processing fee of EUR 40.00. If, at the time of termination, the credit balance is EUR 40.00 or less, no funds will be paid out.

7.3 If at termination, the bank account data that Partner has registered with SunnyRentals is incorrect, and Partner does not submit correct bank account data to SunnyRentals’ no later than 14 days after SunnyRentals has requested such, then SunnyRentals shall be entitled to keep the full credit balance remaining on Partner’s Partner Account.

7.4 Once participation in the SunnyRentals Partner Program has been terminated, the data record stored at registration will be deleted completely upon expiry of the statutory obligation to keep records in safe custody.

7.5 If the contract has been terminated by SunnyRentals for misuse pursuant to Clause 5, the liquidated damages pursuant to Clause 5.2 will be deducted from the Partner Account.

8. DATA PROTECTION

8.1 Protecting personal data is very important to SunnyRentals – nevertheless, collecting, processing and using such data is indispensable for operating the SunnyRentals Partner Program. SunnyRentals will collect, process and use personal data in accordance with these Terms and Conditions and otherwise in compliance with the applicable statutory provisions governing the protection of data.

8.2 SunnyRentals shall be entitled to collect and use personal data as is necessary in order to enable participation in the SunnyRentals Partner Program. Among others:

8.2.1 SunnyRentals will particularly collect, process and use data requested at registration as well as data accruing in the course of participation in the Partner Program.

8.2.2 SunnyRentals will use the contact data also to contact Partner by e-mail in connection with its participation in the SunnyRentals Partner Program.

8.3 Partner can obtain information about its data via the usual contact channels or by sending an e-mail to partners@sunnyrentals.com

9. RIGHTS OF USE

9.1 The information and the data obtained in the course of participation in the SunnyRentals Partner Program may only be used in connection with the SunnyRentals Partner Program. Forwarding such information or data to third parties and using them for any other purposes is prohibited.

9.2 Partner must not modify the Ad Media and their source codes, neither visually nor technically or with regard to their content. Partner shall also not process the Ad Media and their source codes in any other way as provided under SunnyRentals Program, unless SunnyRentals or SunnyRentals grants its express written authorisation. Partner shall immediately remove Ad Media upon SunnyRentals’ demand. SunnyRentals’ Ad Media are protected under copyright and trademark law and other statutory provisions. Partner’s right to use Ad Media is time-limited, revocable, non-exclusive, non-transferable and shall in no event survive the term of these Terms and Conditions.

9.3 SunnyRentals hereby grants to Partner for the term of these Terms and Conditions a revocable, non-exclusive and non-transferable right to use the SunnyRentals Partner Program applications as well as the data contained therein, provided that this use complies with the stipulations of the law and takes place exclusively within the context of participating in the SunnyRentals Partner Program. The SunnyRentals Partner Program and its applications are protected under copyright law and other statutory provisions.

9.4 Partner will not be granted any further rights of use whatsoever. In particular, Partner is not entitled to transmit the applications or the data contained therein to third parties, nor is Partner entitled to allow third parties to access such applications or data, nor may Partner modify or otherwise process such applications or data, incorporate them into another work, or use them in order to create data bases and/or information services of their own.

10. INDEMNIFICATION IN THE EVENT OF BREACH OF CONTRACT

10.1 Partner’s compliance with these Terms and Conditions is essential for SunnyRentals’ operation of the SunnyRentals Partner Program. In the event of Partner’s breach of contract, SunnyRentals reserves the right to take legal action against Partner in addition to terminating these Terms and Conditions.

10.2 10.2 If Partner and/or its sub-Partner(s) are in breach of these Terms and Conditions, by action or omission, and if third parties hold SunnyRentals liable for such breach, then Partner shall indemnify and hold SunnyRentals harmless against all costs and expenses SunnyRentals incurs as a result of the breach. Such costs include, in particular, the compensation of direct and consequential damages, reimbursement of legal costs and of other expenses.

11. LIABILITY AND LIMITATION OF LIABILITY

11.1 SunnyRentals and Partner are liable for damages according to the ordinary rules of Danish law. SunnyRentals is however not liable to Partner for any consequential damages such as loss of operation, loss of earnings, loss of interest and lost savings.

11.2 Notwithstanding what has been stated above, SunnyRentals shall not be held liable for the content of websites of third-parties, nor shall it be liable for any damages or other failures resulting from any defects of Partner’s or SunnyRental’s software or hardware or their incompatibility with the SunnyRentals Partner Program or IT-system, which may impact Partner in any way. SunnyRentals can also not be held liable for IT virus, Trojan horses, backdoors, and time bombs or similar, which may impact Partner’s website(s) or IT system as a whole.

11.3 The utilization of the SunnyRentals Partner Program and its applications requires the use of special technical systems such as end user devices, software programs, transmission networks, communication channels, telecommunications services and other services provided by third parties, all of which may entail further costs. SunnyRentals does not provide such end user devices, software programs, Transmission networks, communication channels, telecommunications services or other services and therefore will not assume any liability for such services provided by third parties.

11.4 A party shall not be considered liable to the other party for non-compliance of these Terms and Conditions in so far as the liability can be attributed to circumstances that are outside of the Party’s control (force majeure), including e.g. breakdown of supply, strikes and lock-out and which the Party should not have taken into consideration neither should have avoided nor defeated when entering into these Terms and Conditions.

12. LIABILITY AND LIMITATION OF LIABILITY

12.1 The Partner is not entitled to assign or in any other way transfer the rights and/or obligations under these Terms and Conditions to a third party, neither directly nor indirectly, without prior express written consent from SunnyRentals. SunnyRentals may assign its rights and obligations under these Terms and Conditions to another company within the SunnyRentals group of companies or to a third party.

12.2 SunnyRentals and Partner are independent parties. No partnership, fiduciary or agency relationship shall be established by these Terms and Conditions. Neither party shall be authorized to place the other party under any obligation or to represent it in any way.

12.3 Should any individual provision of these Terms and Conditions be of no effect, as a whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be deemed replaced by that provision that is legally effective and comes closest, in the usual understanding, and the economic intent and purpose of the invalid provision.

13. DISPUTE RESOLUTION AND VENUE

13.1 This Agreement shall be governed by, and construed in accordance with laws of Denmark excluding its choice of law provisions.

13.2 Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, shall be settled by the Danish Courts.

14. MODIFICATION OF TERMS AND CONDITIONS

14.1 SunnyRentals reserves the right to amend these Terms and Conditions, and to do so without citing any reasons. SunnyRentals will communicate, by e-mail, the modified terms and conditions at least one week prior to the effective date. If Partner does not object in text form (letter, e-mail, fax) to the modification before the effective date shall be deemed to have accepted the respective modification.

14.2 If the Partner objects to the new (modified) Terms and Conditions, the Partner shall be regarded as having terminated these Terms and Conditions with immediate effect.

Version 30.09.2010