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Cottage advert - Terms of buisness

Owner listing Terms of Business

1. Contract
We, Discover Holidays Limited, a company registered in England and Wales (co. no. 04140095) and whose registered address is at Albion House, 163-167 King Street, Dukinfield, SK16 4LF, are hereby appointed by Property owner as your agent to list your holiday accommodation on Discover Holidays website.

2. The Listing
2.1 The listing will be made live once all factors below have been accepted/confirmed:
(a) DiscoverHolidays.co.uk receives the owner's written acceptance of the agreement (whether by email or letter);
(b) the owner pays the invoice for a listing fee and this is confirmed by Discover Holidays.
2.2 Discover Holidays will endeavour to publish the advertisement on the website within a reasonable period (being no more than 10 days) following the receipt of all consents and information required for the listing.
2.3 Where the owner wishes to make changes to the listing, the owner must contact Discover Holidays in respect of the changes and they will use reasonable endeavours to implement the changes within a reasonable period (being no more than 30 days) following the owner's request.

3. Services
3.1 The owner must provide to Discover Holidays:
Content for the listing;
(b) At least one photograph of the interior and one photo of the exterior of the property. A maximum of 30 photos allowed;
(c) The link for the listing and contact details.
3.2 Discover Holidays is not an online booking portal and we do not take payments.

4. The property
If the property is permanently unavailable, the owner must promptly notify Discover Holidays by phone and email to enable them to remove the listing from the website.
The owner grants to Discover holidays a non-exclusive, worldwide, royalty-free licence to copy and store the owner content for the purposes of the agreement and to publish the property description, contact details and link to owner's website.

The owner undertakes:
(a) to ensure that the property description is accurate and fair;
(b) to ensure that the content on the listing does not consist of, contain, or link to any prohibited content;
(c) to ensure that where testimonials or other materials provided by a third party are published on the website, the owner has full authority to grant to Discover Holidays the right to publish those materials in accordance with the terms of this agreement.

5. Property Listings and Interaction with Owners
5.1 Discover Holidays does not warrant or guarantee that the listing will receive any hits or enquiries, that customers are bona fide, or that customers will pay for properties rented.
5.2 Discover Holidays has no responsibility to become involved in any way in any dispute between the owner and any customer. Discover Holidays will not be liable for any loss or damage caused by any customer of the owner.
5.3 The owner acknowledges that Discover Holidays will not keep a back-up of any data concerning bookings, and that the owner will be responsible for keeping a record of all bookings.
5.4 The owner acknowledges that Discover Holidays is not responsible for any inaccuracies contained in the listing content and Discover Holidays does not audit or verify the correctness of the content.
5.5 Owners are entirely responsible for all of the information, including images, text and other content, relating to the property they offer and for updating them.
5.6 Discover Holidays will not take an enquiry from the customer, if a customer calls with an enquiry we will refer them to your website & provide them with your contact details.

6. Charges and payment
6.1 The owner/s must pay to Discover Holidays an annual listing fee of £100+VAT. Discover Holidays will provide you with an invoice of the fee on acceptance of these terms. The invoice is to be paid no later than 15 days of the invoice being sent.
6.2 Where the owner fails to make payment/s, Discover Holidays may (without prejudice to its other rights under the agreement or otherwise) suspend the provision of the listing until such time as the owner pays the outstanding charges.
6.3 Invoices are to be paid by bank transfer. Details of the bank account are made available on the listing invoice.
6.4 Listing fees are non-refundable in the event that the owner terminates the agreement or wishes to remove a listing before the end of the agreement.

7. Responsibility for applicable laws, rules and regulations:
7.1 Owners who violate the T&Cs may have their listing/s removed from the site, at Discover Holiday’s discretion, in addition to any other legal rights.
7.2 Owners who accept credit cards, banking or other payment information from travellers agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements, applicable card association or network operating rules and/or policies and best practices and/or the data security policies.

8. Listing Details and Services
8.1 In a listing, one property is displayed. If the owner wants to list multiple listings and are at the same physical address discounts may be offered. Each property (unless identical) will need to be listed individually.
8.2 In a listing, up to thirty photos of a property may be displayed. A cut-down version of the listing is shown on the site on destination search pages, with one smaller photo of the property and a key selling point of the accommodation, this then links to the full-page listing. Photographs included in a listing should accurately depict the property, must not be false or misleading, must not include people.
8.3 Discover Holidays will use the address of the accommodation to verify the location on Google Maps. The Owner accepts that Google Maps is provided under Google’s terms and conditions and Discover Holidays will not be responsible for the functioning, accuracy or otherwise of Google Maps. The Owner acknowledges and accepts that Google Maps’ service is not error free.

9. Appearance in Search Results
Discover Holidays cannot guarantee that any listing will appear in any specific order in search results on a site. Search order will fluctuate based on a variety of factors including the travellers search criteria.

10.Warranties
The owner warrants to Discover Holidays that it has the legal right and authority to enter into and perform its obligations under the agreement.

11. Indemnity
The owner will indemnify Discover Holidays and will keep Discover Holidays indemnified against all damages, losses and expenses (including legal expenses) arising as a result of any breach by the owner of the agreement.

12. Limitations and exclusions of liability
12.1 Nothing in the Agreement will:
- limit or exclude the liability of a party for death or personal injury resulting from negligence;
- limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
- limit any liability of a party in any way that is not permitted under applicable law;
- exclude any liability of a party that may not be excluded under applicable law.
12.2 Discover Holidays will not be liable in respect of any loss of profits, income, revenue, or anticipated savings.
Discover Holidays will not be liable for any loss of business, contracts or commercial opportunities.
Discover Holidays will not be liable for any loss of or damage to goodwill or reputation.
Discover Holidays will not be liable for any losses arising out of a Force majeure event.
Discover Holidays will not be liable for any losses of or damage to data or information.

13. Termination
13.1 Either party may terminate the agreement at any time by written notice to the other party. 13.2 Either party may terminate the agreement immediately by giving written notice to the other party if the other party commits any breach of any term of the agreement.
13.3 This Agreement will terminate automatically if the owner fails to pay any charges by their due date for payment.
13.4 If Discover Holidays determines, or an allegation is made, that:

  • The listing's content associated with an owner contains material that infringes these terms, the law, applicable regulations or the rights of any person or entity;
  • an Owner has been abusive or offensive to any traveller or employee or representative of Discover Holidays;
  • an Owner uses a false identity;

13.5 Please note that Discover Holidays assumes no duty to investigate complaints.

14. General
Discover Holidays may revise these Ts&Cs at any time by posting an updated version to the website. You should visit this page periodically to view the most current owner T&Cs because they are binding on you.
If a clause of the agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other clauses of the agreement will continue in effect.

15. Rights and obligations of Discover Holidays
15.1 Discover Holidays may change, suspend or discontinue any aspect of the Site at any time, including the layout, database or content without any prior notice or liability.

16. Responsibility of owner
Owners agree that they have the appropriate insurance coverage sufficient to cover the rental of the accommodation they list on the site prior to the arrival of their first traveller and will maintain adequate insurance coverage through the departure date of any traveller they have obtained via our site.

17. Applicable law and jurisdiction
The Agreement will be governed by and construed in accordance with the laws of England and Wales; and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Agreement.

30/10/2017