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1.1 What these terms cover. These are the terms and conditions on which we supply our services to you.
1.2 Why you should read them. Please read these terms carefully before you list your property with us. These terms tell you who we are, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Visithay a sole trader established in England and Wales. Our address is 2 Mill Bank Broad Street Hay on Wye Powys HR3 5DH. We are not Vat registered.
2.2 How to contact us. You can contact us by telephoning us on +44 (0)7375 396748 or at email@example.com or www.visithay.co.uk or by writing to us at the above address
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your listing.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
OUR CONTRACT WITH YOU
3.1 How we will accept your listing. Our acceptance of your listing will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your listing. If we are unable to accept your listing, we will inform you of this in writing and will not charge you.
4.1 Our services constitute a hosting site for your property and by which guests can view your listing.
Unless you are informed to the contrary we will list your property for you. The Property will be listed in the manner which we consider appropriate and we will have overall control of the listing and whether or not your Property is listed on our website.
4.2 Booking Commission When your property is booked we will deduct 12% (excl. VAT where applicable) commission automatically from the total amount paid by the guest. This amount is assessed on the total rental cost. It is not charged on any damage deposits. The balance will be forwarded to you either electronically if you have provided your bank details or by cheque
4.3 We do not own or manage any rental property listed on our site. It is your sole responsibility to be eligible to rent the property and the sole responsibility of the guest to pay for the rental. The contract is directly between you as host and your guest and the contract between you is governed by the terms and conditions provided by us on our site and they shall take precedence over any terms and conditions provided by you other than minor variations relating to such things as arrival or departure times.
4.4 You acknowledge and agree that:
4.5 Cancellation we may impose a cancellation fee, which we will either charge to you directly or withhold from your future payments, the decision as to which option is selected is in our sole discretion. We will let you know if a cancellation fee arises before you decide to cancel. This fee will represent a genuine estimate of our loss which is incurred in dealing with the guests complaint and also locating and booking alternative accommodation of a similar or appropriate nature. For the avoidance of doubt, once you accept a booking, you are under an obligation to honour it and you are liable for any losses sustained as a result of your cancellation for example the additional cost incurred in booking alternative accommodation which may be more costly than that which was paid for your property. You are also obliged to refund any monies you have received for the booking if we request you to do so within 7 days of our request.
4.6 Payment when your property is booked we will hold the payment until the booking has taken place. We will then transfer the payment to you less the Booking commission and any other monies which are due to us. The method of payment is at our discretion. It is your responsibility to request and or hold any security deposit.
5. YOUR OBLIGATIONS
5.1 What will happen if you do not give required information to us. We may need certain information from you so that we can list your property. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract.
5.2 By advertising on our site and by providing information to us, you agree to the following:
5.2.1. That we may undertake a search with Experian or another third party provider for the purposes of verifying your identity and other details provided to us. To do so, Experian or another third party provider may check the details you supply against any particulars on any database (public or otherwise), to which they have access. They may also use your details in the future to assist other companies, for verification purposes.
5.2.2. To provide us proof of personal identification, proof of ownership of the property advertised on our site, and proof of authority to list, to offer for rent and to rent the property, upon our request.
5.2.3& That you will not wrongfully request that we wrongly retain any monies or fail to provide a refund to any guest.
5.2.4. That you will not deny access to the property when it has been appropriately booked and paid for and will give reasonable assistance to guests during their stay in your property.
5.2.5 The contents of your listing:
18.104.22.168 You are solely responsible for the content of any material (including video content and photographs) that you submit to our site. We will not be responsible or liable to any third party, for any content or the accuracy of any content or material which you upload to our site or for any information you provide to us or any user or our site.
22.214.171.124 You agree that you will accurately describe and present the property and will disclose any material defects.
126.96.36.199 You agree that any photographs, videos and/or any other content or material that you submit to our site for the purpose of advertising a property must not contain any inappropriate or libellous content and must not infringe copyright in any way.
188.8.131.52 You agree that you own the rights to advertise the property and will provide evidence of such and whilst you will retain the intellectual property rights in any information provided you grant us a sub licence to distribute it as necessary for the purposes of the listing on our site and it’s advertisement as a holiday home/ property for rental
5.2.6. You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with any breach by you of this agreement
5.2.7. You agree that you are not permitted to substitute a property nor change any aspect of the listing without our prior permission.
5.2.8. Availability and Rental rates: you must always ensure that the calendar availability accurately reflects the availability for the advertised property at the time the calendar is updated and the rental rates are up to date. We reserve the right to terminate the advertisements concerned, without notice, where we believe calendars or the rental rates are not up to date. We remind you of our cancellation policy and your liability under these terms should you cancel the booking.
5.2.9. If you request that reviews are added to your listing then all reviews must be genuine comments from your guests. We reserve the right to request verification from the guests in question.
5.2.10 We will require contact details from you to enable us to contact you at any time, if you are going to be unavailable we will need to be advised.
5.2.11 You are not permitted to receive any payment direct from the guest or which is otherwise contrary to this agreement. If you do so then we will charge you the commission we have lost by you doing so pursuant to this agreement.
5.2.12 We do not permit you listing to include any email addresses or links to external websites.
5.2.13 That you will appropriately account for any tax or VAT on payment due. If we are charging VAT we will advise you. All fees or charges stated in this agreement are shown exclusive of VAT unless otherwise expressly stated.
5..2.14 that you will present your property in a clean and tidy condition.
5.2.15 that you will maintain appropriate public liability insurance for the period your property is listed with us and to provide a copy to us at our request.
5.2.16 that you will maintain building and contents insurance to the full reinstatement value of your property for the period your property is listed with us and to notify your insurers and mortgagee’s ( if relevant) that the property is being let for holiday purposes and to maintain all appropriate insurances as are required.
5.2.17 that you will annually have any gas or oil boilers located on the property serviced by registered engineers and to provide copies of the certificates for so doing to us at our request.
5.2.18 that you will install appropriate smoke alarms and carbon monoxide alarms at the property and maintain and regularly check the same.
5.2.19 that you will refer all enquiries and potential bookings which were originally generated by or through us or as a result of your property being listed with us back to us rather than contracting with the guest direct.
6 Suspension or termination of your listing.
6.1 We may suspend your listing at any time in our sole discretion in particular if there are any breaches of this agreement.
6.2 You may suspend or terminate your listing by giving us reasonable notice but must honour all bookings made prior to the cancellation
6.3 How to end the contract with us Tell us you want to end the contract. To end the contract with us, please let us know by telephone or email.
6.4. Our rights to end the contract
7. RESPONSIBILITY FOR LOSS OR DAMAGE
We act merely as an advertising service through which you can advertise your property to people who use our site we do not vet guests or people wishing to book your property and make no representations or warranties regarding the capacity of any user of our site to make a booking with you. We would always ask you to consider your safety and to make appropriate assessment of the risks involved and you must always proceed with care and judgement
7.1 Nothing in these terms shall limit or exclude our liability for
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Except to the extent expressly stated in this clause all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
7.2 Subject to clause 7.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us;
7.3 You acknowledge that any claim you may have that is in any way connected with a dispute you have with a user of our site must be brought directly against that user and not against us. If a guest makes a complaint we may investigate it at our own discretion and would ask that you cooperate. In the event of a complaint we may withhold payment until the resolution of the complaint.
7.4 You will be responsible for and agree to abide by and adhere to all laws, rules and regulations applicable to the advertisement of your rental property and the conduct of your rental business, including, but not limited to, permits, licenses, local regulations, occupancy taxes, safety compliance and compliance with all anti-discrimination laws.
7.5 To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
7.5.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
7.5.2 Any loss or damage suffered or incurred by you as a result of:
7.5.3 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:
Nothing in this agreement affects 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.
7.6 You also agree to compensate us for any claims, actions, costs, expenses (including but not limited to legal costs and disbursements), losses or damages suffered or incurred by us as a result of any claim made against us by a user of our site or any other third party as a result of or in relation to your dealings with users of our site, including:
7.7 We do not own nor have we inspected nor do we have any control whatsoever over any property listed on our site and we make no representations or warranties regarding any of the properties and accept no liability in respect thereof
HOW WE MAY USE YOUR PERSONAL INFORMATION
8.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the listing to potential guests;
(b) to process payments and
8.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for any reason, we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
8.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
OTHER IMPORTANT TERMS
9.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
9.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
9.3 Nobody else has any rights under this contract This contract is between you and us. No other person shall have any rights to enforce any of its terms
9.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
9.6 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
9.7 This agreement constitutes the entire agreement between us and cannot be varied unless such variation is agreed in writing.
Contractual Relationship We act as agent for you to facilitate the booking of your accommodation, we advertise and market your property on our on line web site and facilitate payment when your property is booked. Nothing in this or in your use of our site creates, or is intended to establish, any partnership, joint venture or similar relationship between us and you. For the avoidance of doubt, we never act as a principal in connection with any of the transactions or services available on or through our site and nothing in this agreement is intended to create or does create an agency relationship.
9.9 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.
9.10 Variation we may amend the terms of this contract at any time by publishing the varied terms upon our website