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Accommodation Provider Terms and Conditions

January 9, 2019 by LHH

In these Terms and Conditions, “the Company/we/us/our” refers to Luvholidayhomes.com Ltd, a company registered in England under number 11607843, PO box Kemp House, 152-160 City Road, London, EC1V 2NX

These Terms and Conditions apply to all providers of accommodation (“you/your”) using our Website to provide accommodation to our customers.

Please read these Terms and Conditions carefully.  You agree to comply with and be bound by these Terms and Conditions upon your first use of the Website.  If you do not agree to all of these Terms and Conditions, you must not use the Website.

  1. Definitions and Interpretation: In these Terms and Conditions, the following expressions have the following meanings:

“Your Data” means the data inputted to the Website by you (or you authorised agents), authorised users, or us on your behalf, for the purpose of using the Website or facilitating your use of the Website;

“Contract” means the contract formed as detailed in clause 2, which includes the acceptance of these Terms and Conditions;

“Website” means www.luvholidayhomes.com.

  • Unless the context otherwise requires, each reference in these Terms and Conditions to:
    • “writing” and “written” includes emails;
    • a statute is a reference to that statute as amended or re-enacted at the relevant time;
    • “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
    • a clause refers to a clause of these Terms and Conditions;
    • a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
  • The headings used in these Terms and Conditions are for convenience only and will have no effect upon their interpretation.
  • Words imparting the singular number include the plural and vice versa. References to any gender include the other gender.  References to persons include corporations.

 

  1. The Contract
    • A legally binding Contract is formed as soon as you log in to first access the Website. You agree to comply with and be bound by these Terms and Conditions upon your first use of the Website.
    • Once the Contract is formed, and provided payment (where necessary) is made in accordance with clause 5, we will immediately grant you a non-exclusive, non-transferrable licence to use our Website solely for your own internal business operations, within the bounds of these Terms and Conditions.
    • The Contract will continue on a rolling monthly basis until it is terminated in accordance with clause 6.

 

  1. The Website
    • If you wish to use our Website to advertise your accommodation, you will need to apply by creating a profile and uploading images and information about the accommodation. We will decide whether to approve your application, normally within 48 hours.  Your profile will need to include any rules and regulations applicable at the property, as if approved, these will be shown to customers when they view your accommodation on our Website.  The profile will not appear publicly unless and until we give you this approval.
    • All proprietary rights in the Website remain with us. You must not:
      • attempt to copy, modify, duplicate, create derivative works from, reverse compile, disassemble, reverse engineer, frame, mirror, republish, transmit, or distribute all or any portion of the Website in any form or media or by any means;
      • access all or any part of the Website in order to build a product or service which competes with the Website;
      • sub-license, sell, rent, lease, transfer, assign, distribute, display, disclose, commercially exploit, or otherwise make the Website available to any third party; or
      • attempt to obtain, or assist third parties in obtaining, access to the Website other than as provided under this clause 3.
    • We do not warrant that your use of the Website will be uninterrupted or error-free; nor that the Website will meet your requirements.
    • We are not responsible for any delays, failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Website may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
    • You must use all reasonable endeavours to ensure that your log-in details for the Website are kept confidential and are not used by any third party.
    • You must not access, store, distribute or transmit any viruses or any material while using the Website that:
      • is discriminatory, unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or offensive;
      • facilitates illegal activity;
      • depicts sexually explicit images;
      • promotes unlawful violence; or
      • causes or may cause damage or injury to any person or property
        • and we reserve the right, without liability to you, to remove any material that breaches the provisions of this clause.
      • You own all rights, title and interest in and to all of the Client Data and shall have sole responsibility for its legality, reliability, integrity, accuracy and quality.
      • We reserve the right, at any time and without giving you notice, to temporarily disable or permanently close your account and delete your profile for any reason, at our sole discretion.

 

  1. Bookings
    • You must ensure that all the images and information you provide are accurate, kept up-to-date and show a true and current representation of your accommodation. You also warrant that in providing the images and information, you are the owner of the accommodation and/or have permission to advertise it through our Website.
    • We will advertise your accommodation and you will have the option to allow customers to book directly through our Website or to contact you by making a booking request. We will collect the payment from the customer(s) and make payment to you (minus our commission) for each booking as set out in clause 5.
    • All bookings will be made on such terms as you approve from time to time, at the agreed prices. If you wish to alter the price, or any details of the accommodation, you can do so using the Website but you must honour any sales made prior to this change at the previously agreed rates and details.
    • When a booking is made, you will receive an email confirmation. It is your responsibility( if not linked via iCal) to ensure any bookings made externally (not through our Website) are updated and blocked out on our Website immediately to avoid double bookings, which are subject to clause 4.5.
    • You must honour all bookings made through the Website. If you cancel a booking, we reserve the right to charge you a cancellation fee of 5 % of the booking fee, together with any cancellation costs we incur as a result.  This will be invoiced to you and will be payable immediately.
    • If we receive any complaint or query concerning the accommodation, we will refer this to you directly to respond accordingly. You should aim to respond to any complaint or query within 12 hours of receipt.  If you cancel any booking or fail to resolve any issue to our or the customer’s satisfaction, we may remove your profile in accordance with clause 3.8.
    • Guests pay 100% of the booking cost upfront.
    • Should the guest wish to cancel their booking they would not receive a refund, unless we both mutually agree to base on the circumstances.
    • Should you choose to list your property using our ‘Pay-per-click’ service you would receive free clicks until January 2020 along with no listing charge. Potential guests would check availability on our platform and once clicked the ‘book now’ button would be re-directed to your own booking page.
    • A users individual ‘IP’ address would only count for 1 click per calendar month. We would still count multiple clicks in any performance reports but you would not be charged for more than 1 click once the platform has been monetised in January.

 

  1. Payment
    • Use of the Website is free until 1st January 2020, except for the payment of commission in accordance with clause 5.2. After that time, the fee payable for advertising through the Website will be as stated on our Website, or otherwise as agreed between us in writing.  Payment will be due monthly in advance by direct debit.
    • We will retain commission of 5% of the total booking fee for all bookings made through the Website. Payments will be made to you via Stripe no longer than 24 hours after the booking payment has been confirmed.
    • If a customer cancels a booking, and they have paid made any advance payments through us, we will pass these payments on to you, minus our commission fee, unless we agree between you and us to refund the customer or if the refund is required by law.
    • We reserve the right to review our fees periodically and will provide you with a minimum of 30 days’ notice of any change in the fees before such change will take effect.
    • All sums payable by either Party are exclusive of VAT at the current rate, where applicable. All payments are to be made in pounds sterling without any set-off, withholding or deduction.  Any amendment to the standard VAT rate will be notified in writing and subsequent payments adjusted accordingly.

 

  1. Termination
    • The Contract will continue on a rolling monthly basis, unless either Party gives the other 7 days’ written notice before the end of the then-current month.
    • Either Party may terminate the Contract immediately by giving written notice to the other if the other Party commits any serious breach of any term of this Contract and (if the breach is capable of being remedied) has failed to remedy the breach within 7 days after receiving a written request to do so.
    • Upon termination of the Contract for any reason, unless we agree otherwise in writing, you must continue to fulfil any bookings already made.
    • Upon termination, your access and licence to use the Website will terminate immediately and we will irretrievably delete any of Your Data contained on the Website.
    • Any and all obligations of the Parties which either expressly or by their nature continue beyond the termination, cancellation or expiration of this Contract shall survive termination on a pro-rata basis.
    • The rights to terminate this Contract given by this clause 6 shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.

 

  1. Liability
    • Nothing in these Terms and Conditions excludes or seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
    • Except as provided in clause 7.1 above, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained here, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our employees, agents or otherwise) in connection with the performance of our obligations under the Contract. All warranties or conditions whether express or implied by law are expressly excluded to the maximum extent permitted by law.
    • In the event of a breach by us of our express obligations under these Terms and Conditions, your remedies will be limited to damages, which in any event, will not exceed the fees paid by you for the use of the Website in the 6 months preceding the date on which the alleged claim arose.
    • The Website allows customers to book your accommodation based on data inputted by you. We accept no liability for any unsuitable bookings where you have incorrectly entered information (whether accidentally or deliberately) or where changes have occurred that you have not updated.
    • You can insert your terms and conditions into our platform which guests will agree to when booking.

 

  1. Confidentiality: Each Party undertakes that throughout the duration of the Contract, the Parties may disclose certain confidential information to each other.  Both parties agree that they will not use the confidential information provided by the other, other than to perform their obligations under this Agreement.  Each Party will maintain the confidential information’s confidentiality and will not disseminate it to any third party, unless so authorised by the other Party in writing.

 

  1. Data Protection
    • Both Parties agree to comply at all times with the General Data Protection Regulation 2016 and any amendments to it. In particular, in relation to our customers’ data, you must:
      • not store the customer’s details or use them in any way other than to fulfil the booking;
      • amend and/or delete all personal data on request, whether by us or the customer;
      • not leave any personal data unattended, on view or otherwise accessible;
      • encrypt all your emails and implement other technologies in accordance with good practice in cybersecurity; and
      • otherwise handle all personal data with due care.

 

  1. Force Majeure: Neither Party will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

 

  1. No Agency or Partnership: These Terms and Conditions and the Contract between you and us does not constitute or imply any partnership, joint venture, agency or other relationship between the Parties other than the contractual relationship expressly provided for in these Terms and Conditions.

 

  1. Notices and Communications
    • We may revise these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of our Website from the date the new version is published on our Website.  Please check our Website regularly to ensure you are familiar with the current version.
    • All notices are to be made in writing, addressed to the most recent address or email address notified to the other Party. Notices will be deemed to have been duly given: when delivered, if delivered by courier or registered mail during the normal business hours of the recipient; when sent, if transmitted email and a successful return receipt is generated; or on the fifth business day following mailing, if sent by national ordinary mail, postage prepaid.
  1. Nature of the Agreement
    • We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if for example, if we sell our business). If this occurs, we will inform you in writing.  Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
    • Each Party acknowledges that, in entering into this Contract, it does not rely on any representation, warranty or other provision except as expressly provided in this Contract. This Contract constitutes the entire Contract between you and us with respect to its subject matter and supersedes all proposals, representations, understandings and prior Contracts, whether oral or written, and all other communications between us relating to that subject matter.
    • The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
    • Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed from our Contract. The validity and enforceability of the remaining parts of the Contract would not be affected.
    • No failure or delay by either party in exercising any rights under these Terms and Conditions or the Contract means that we or you have waived that right, and no waiver by either party of a breach of any provision of these Terms and Conditions or the Contract means that we or you will waive any subsequent breach of the same or any other provision.

 

  1. Law, Jurisdiction and Dispute Resolution
    • These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, the laws of England and Wales.
    • You recognise that our business relies upon the protection of our Intellectual Property Rights (“IPR”). In the event of a breach or threatened breach of IPR, we will be caused irreparable damage and may therefore be entitled to injunctive or other equitable relief in order to prevent a breach or threatened breach of our IPR.
    • With respect to all other disputes which are not IPR related, the following clauses 14.4 – 14.6 shall apply.
    • Where there is a dispute, the aggrieved Party shall notify the other Party in writing of the nature of the dispute with as much detail as possible about the issue. A senior representative of each of the Parties shall communicate within 7 days of the date of the written notification in order to reach an agreement about the nature of the issue and the corrective action to be taken by the respective Parties.
    • If the Parties cannot resolve a dispute in accordance with clause 14.4, they shall seek to resolve the dispute or difference amicably using an Alternative Dispute Resolution (“ADR”) procedure acceptable to both Parties before pursuing any other remedies available to them. If either Party fails or refuses to agree to or participate in the ADR procedure or if in any event the dispute is not resolved to the satisfaction of both Parties within 30 days after it has arisen, the matter shall be settled in accordance with the procedure below.
    • If the Parties cannot resolve the dispute by the procedure set out above, the Parties shall irrevocably submit to the exclusive jurisdiction of the courts of England and Wales for the purposes of hearing and determining any dispute arising out of the Contract.