Terms of contract

Agreement between us, Holiday Cottages Group Ltd and you, the property owner.

Background

We, Holiday Cottages Group Ltd (HCG), own and control the websites. We will manage reservations for your property through the websites on the terms set out here.

1. The meaning of some words we use
   1. In this agreement the following definitions will apply.
      
      Customer means a person who reserves your property on the website through us.
      
      You means the owner of a property which we are authorised to display on the website.
      
      Your booking terms means the standard set of terms under which you agree to let the property to customers, as set out in The Property Owners’s Booking Terms.
      
      Property means the property or properties you own which we are authorised to display on the website.
      
      Rental price means the total price you have set for a property which customers can book through the website.
      
      Reservation fee means 10% of the rental price.
      
      Reservation means a reservation to rent a property, made by a customer, through the website.
      
      Services means the services we supply to you under the terms of this agreement.
      
      Term means the length of time this agreement lasts, as set out in Clause 2.
      
      Website means any of the following websites:
      www.cottagesdirect.com
      www.stilwell.co.uk
      www.next6weeks.com
      www.cottagesonline.co.uk
      www.searchforanyweek.com
      
      
      Working days means Monday to Friday inclusive, but does not include bank holidays or public holidays.
   2. Where we refer to one item, we refer to more than one. For example, ‘property’ includes ‘properties’ and, ‘properties’ includes ‘property’.
2. Term
   
   1. This agreement will begin on the date you accept these terms by returning a signed copy to us or by accepting electronically in a way we agree. The agreement will continue until you or we give at least three months’ written notice to end it (but see clauses 13.1 and 13.2 below).
   2. While this agreement is in force, you agree to keep us regularly informed of the dates we can let the property.
   
   
   
3. Appointment
   
   1. You authorise us to advertise the property on the website at the rental price and to manage reservations under the terms and conditions of this agreement
   2. You agree that we feature other properties on the website which may compete with your property. We do not make a commitment as to the level of promotion your property will receive compared to any properties competing with yours.
   3. You agree that we can authorise affiliates to advertise and display the property on their websites, as long as these terms will continue to apply to all bookings made through these websites.
   
   
   
4. Authorised price
   
   1. We will display the property for rental on the website at the rental price.
   2. You will give us at least 14 days’ notice of any change to the rental price. The new rental price will only apply to reservations made after the 14 days given in notice.
   
   
   
5. Website
   
   1. We will maintain and manage the website and take all reasonable steps to make sure that is available at all times except for:
      
      (a) scheduled maintenance and required repairs; and
      (b) any loss or interruption of service or error caused by third party service providers or to causes otherwise beyond our control or which we could not reasonably have forseen.
   2. For the purposes of this clause 5, we will consider the website to be working if a customer is able to view, select a property, securely enter their details and complete a reservation in line with your booking terms.
   3. We will pass the customer’s details and dates they want to rent the property to you.
   4. We can, at any time and without giving you a reason, remove you from our website if we think it is appropriate to do so.
   
   
   
6. Our obligations
   
   1. You agree that we will not form a contract with the customer for a reservation. You agree that we are entitled to keep the reservation fees for providing our services. You must agree that when a customer makes a reservation, a contract will form between you and the customer.
   2. Under the terms of clause 5.1, we will take all reasonable steps to advertise the property, along with other properties, on the website. We will be authorised to take reservations for renting the property for you.
   3. We will tell customers before they make a reservation that renting your property depends on them accepting your booking terms.
   4. We will put details of the property on the website and update them with information you give us under the terms of clause 7.1.
   
   
   
7. Your obligation
   
   1. You agree that you will:
      (a) rent the property to customers in line with your booking terms; and
      (b) promptly give us:
      
      • detailed and accurate information about the property and any additions to it;
      • details of price changes; and
      • any other information we ask for.
      We will put this information, or refer to it, on the website so we can provide the services in an efficient and effective manner.
   2. You must:
      
      (a) give us any information which may help us to provide the services;
      (b) honour (or if you sell the property, make sure any purchaser will honour) any reservation for renting the property we have made under this agreement;
      (c) promptly and efficiently deal with any complaint or enquiry about the property raised by a customer;
      (d) meet all the laws and regulations that apply to the property; and
      (e) make the property available to the customer in line with their reservation.
   3. You must, at your own expense:
      
      (a) take out suitable insurance for the property with a reputable insurer;
      (b) take out suitable third party insurance for customers using the property: and
      (c) in both cases show us evidence of this insurance if we ask.
      
   4. You acknowledge that we only manage a reservation service and have not inspected the property. Therefore you will protect (indemnify) us against any claims, actions, loss or damage which results from the reservation (whether made in line with your booking terms or not), the rental, the condition of the property or any other cause. You agree that any claims, actions, loss or damage are your responsibility.
   
   
   
8. Reservations
   
   1. We will notify you by email, as soon as possible, when a customer has made a reservation.
   2. Within 24 hours of receiving our email, you must send us an email accepting or refusing that reservation.
   3. You will reserve the property in line with your own booking terms.
   4. You must get written consent from us before you amend your booking terms.
   
   
   
9. Guarantees and liability
   
   1. You guarantee that we have full legal authority to offer the property for rent.
   2. We will not be liable for:
      • any failure, delay or errors in providing the services caused by circumstances outside our reasonable control; or
      • any losses connected with providing our services, however they occur.
   3. Our total liability to you for any individual reservation will not be more than the reservation fee in each case.
   
   
   
10. Indemnity
    You must protect us against any liability (including our costs and expenses to defend any proceedings) which arises from a breaking of the terms of this agreement. This applies as long as we tell you in writing as soon as we become aware of any circumstances which may give rise to a claim under this clause 10.
11. Customer bookings and payment
    
    1. For reservations made at least six weeks before the rental period begins, customers must pay us the reservation fee when they make the reservation. The customer must pay the balance of the rental price to you no later than six weeks before the rental period begins.
    2. If a customer makes a reservation less than six weeks before the rental period begins, they will have to pay us the full rental price when they make the reservation. As soon as is possible, we will send you a cheque for the rental price less the reservation fee.
    3. We will not refund the reservation fee.
    
    
    
12. Our fees
    
    1. We will be entitled to keep the reservation fee the customer pays, in line with clause 11 above, for each reservation we take directly or indirectly through the website.
    2. We will not refund the reservation fee even if the customer cancels the booking.
    3. If you have accepted a reservation under the terms of clause 8.2, but you cannot fulfil the reservation, we will be entitled to keep the reservation fee, unless you cannot fulfil the reservation because of something we have or have not done.
    4. Both you and we must keep separate records of reservations and allow each other’s representatives to inspect and copy these records at all reasonable times (but not more than once in any three-month period).
    5. All sums payable under this agreement do not include VAT (value added tax) or any other sales tax that applies. This will be payable.
    
    
    
13. Ending or cancelling the agreement
    
    1. If we believe we have reasonable cause for concern over your actions or the standard of the property (or both), we may end this agreement without notice.
    2. Either you or we can end this agreement immediately by giving notice in writing to the other if:
       
       (a) either of us breaks the terms of this agreement;
       (b) another party legally takes possession of, or a receiver is appointed over, any of your or our property or assets;
       (c) you or we make voluntary arrangement with our creditors or become subject to an administration order;
       (d) you or we go into liquidation (unless a new company results and agrees to be bound by the obligations already agreed under this agreement);
       (e) either you or we have a bankruptcy petition presented against us;
       (f) you or we are part of a partnership which goes into liquidation or has a bankruptcy petition presented against some or all of the partners; or
       (g) anything similar to the above situations occurs to either you or us.
    3. If either you or we break the terms break the terms of this agreements and the other party waives this breach, it does not mean that this future breaking of the terms will be waived.
    4. The rights to end this agreement given by this clause will not legally affect any other right or remedy you or we have if the agreement is broken.
    5. After this agreement has ended for any reason:
       
       (a) the terms of this agreement will still apply to all reservations taken before the date the agreement ends; and
       (b) any rights or obligations that exist when the agreement ends will still be binding.
    6. If you cannot supply a property for a reservation you have accepted orally or in writing, you must immediately notify us and the customer in writing. If you cannot offer the customer alternative accommodation of at least an equal standard or if the customer does not approve of the alternative accommodation, you must refund the customer the reservation fee or the rental price, or both, as appropriate.
    7. Even when the terms of clause 13.6 apply, we will be entitled to keep the reservation fee.
    
    
    
14. General
    
    1. This agreement will be governed by the laws of England and Wales. You and we agree that any action or proceedings that arise under or relating to this agreement will be dealt with in the Courts of England and Wales.
    2. This is the entire agreement between you and us and replaces all previous agreements dealing with the matters set out in this agreement. Any changes or amendments must be signed in writing by both parties.
    3. If any clause of this agreement (or part of it) as applied to either you or us is found to be invalid, illegal, void or cannot be enforced in any way, this will not affect any other clauses of this agreement (or the remaining part of the same clause of this agreement).
    4. Neither you or us will pass on to any third parties any information supplied to or obtained by it about the other or its business, procedures and methods unless required by law. When this agreement ends, both you and we must immediately return to the other all material that contains information that is, in terms of this clause, confidential.
    5. You and we acknowledge that no joint venture, partnership or employment relationship exists between us as a result of this agreement.
    6. If you or we do not apply any right we have under this agreement, we are not waiving that right.
    7. Any notice you and we serve on each other must be sent by prepaid special delivery to the address set out in this agreement. We must notify each other of any change of address, we will consider that any notice has been received within 72 hours (three days) of posting.
    8. If you enter into this agreement, you are acknowledging that only the terms of the agreement apply and all other conditions, warranties or other terms applied by statute or common law do not apply as far as the law allows.
    9. Under the Contracts (Right if Third Parties) Act 1999 nothing in this agreement gives any third party the right to enforce or enjoy the benefit of any term in this agreement.
    
    
    

Advertising booking conditions

The publisher may exclude an entry on any grounds but will refund payment made for an excluded entry. All entries, advertisements, listings or other information are published in good faith and must adhere the Advertising Code of Practice. The publisher does not under any circumstances accept responsibility for the accuracy or otherwise of any entry, advertisement, listing or other information published, whether online or offline, nor is any kind of warranty expressed or implied by such publication. The publisher specifically disclaims all and any liability to advertisers, readers and users of any kind for loss or damage of any nature whatsoever and however arising whether due to inaccuracy, error, omission or any other cause, and whether on the part of the publisher, its servants, or agents or any other person. The publisher does not endorse any ‘featured’ supplier, or property in any way. All users of information published are advised to check that information carefully before entering into any agreement of any kind. If in doubt, please take legal advice. All entries, advertisements, listings and other information for publication are accepted at the publisher’s absolute discretion. When deemed necessary, all copy may be edited and classified at the publisher’s discretion. Notwithstanding the above, liability of the publisher to any party is limited to the value of the fees paid by that party to the publisher. Any dispute is to be resolved in the English courts under English law.

Important note

Advertisements will be subject to the Trades Description Act 1968 (which covers the description) and the Consumer Protection Act 1987 (which covers misleading prices) and therefore you should ensure the accuracy of your advertisements if you do not wish to be prosecuted. Advertisers could also be in breach of contract if the property is not as described.