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Bookthatvilla Website – Villa Owner Terms

This Website is operated by Bookthatvilla Limited (registration number 5161451) with its registered office at 153 – 155 London Road, Hemel Hempstead, Hertfordshire HP3 9SQ ("Bookthatvilla").

These Villa Owner Terms ("Terms") apply to all villa/property owners or any agent acting on an owner's behalf (“you” or “your”) and they form a contract between you and Bookthatvilla. Access and use of the bookthatvilla.com website ("Website") is conditional on your acceptance of these Terms without any modification. Please print out a copy for your reference. If you do not accept any part of the Terms you must not use any part of the Website.

1. Definitions

1.1 In these Terms, the following definitions will have the following meaning:

"Property" any real estate or other property owned by you and displayed on the Website.

"Booking" a Property rental booking made by a Customer via the Website.

"Customer" an individual or organisation that makes a Booking via the Website.

"Deposit" the deposit due from a Customer in respect of a Booking (if any).

"Price" the total price due from a Customer in respect of a Booking.

"Website" www.bookthatvilla.com which is operated by Bookthatvilla.

2. Services

2.1 Bookthatvilla.com is a marketplace service by which Property owners can introduce Property to Customers that may wish to rent Property. The Website allows real time Bookings to be made. As part of the real-time environment you will be expected to maintain an availability calendar that will allow immediate and accurate Bookings. Bookings made through the Website will take priority over bookings taken by any other method. This safeguards the integrity of the Website and provides security for both you and the Customer. In consideration of the service provided by Bookthatvilla you agree to pay a fee to Bookthatvilla in respect of each Booking in accordance with clause 4.

3. Passwords/ Use of Website

3.1 On accessing the Website you will be asked for a password. You shall only access the Website via your password and you will be responsible for all actions taken under that password. You must use every effort to keep your password safe and not disclose it to any other person. You shall not allow any other person to use your password.

4. Charges

4.1 There is no charge for registering your details or the details of any Property on the Website.

4.2. In consideration of the services supplied by Bookthatvilla, you will pay to Bookthatvilla a non-refundable charge equal to thirteeen percent (13%) of the Price of each Booking made on the Website + VAT.

4.3 In respect of Bookings made more than 8 weeks before the start date, each Customer is required to pay a Deposit of thirty percent (30%) of the Price. Bookthatvilla will deduct thirteen percent (13%) of the Price from the Deposit + VAT and forthwith forward the balance to your account (for the avoidance of doubt you will receive seventeen percent (17%) of the Price as the deposit for a Booking less VAT payable on Bookthatvilla’s charge). The full balance of the Price will be paid direct to your account as and when the balance is paid by the Customer (which is intended to be no later than 8 weeks prior to the Booking start date). No charge will be levied on the balance payment.

4.4 In respect of Bookings made less than 8 weeks prior to the start date, the Customer will be required to pay the full Price at the time of making the Booking. Bookthatvilla will deduct thirteen percent (13%) of the Price + VAT and forthwith forward the balance of the Price direct to your account.

4.5 You are responsible for all applicable taxes including without limitation value added tax which you will pay in accordance with applicable law.

4.6 In the event that a Booking is cancelled by you for whatever reason you agree to forthwith repay to the Customer the Deposit and/ or the Price paid by the Customer in full.

4.7 No bookings will be permitted less than 7 days prior to the start date.

5. Property Profiles

5.1 You may submit information, material or images ("Material") to the Website in order to advertise your Property.

5.2 Any Material that you submit to the Website will be screened by Bookthatvilla to check that it is suitable for distribution and Bookthatvilla reserves the right to remove any Material from the Website at any time.

5.3 You warrant that you own all rights in Material (or otherwise are licensed to use Material) and that Material will not infringe any third party intellectual property rights.

5.4 You grant to Bookthatvilla a non-exclusive, irrevocable, royalty free licence to use all Material for its normal business purposes including without limitation any promotional purposes.

6. Warranties

6.1 You warrant that:

6.1.1 you are of legal age (at least 18 years) and have the legal authority to use the Website in accordance with these Terms;

6.1.2 you accept responsibility for any liability you incur as a result of your use of the Website;

6.1.3 you are solely responsible for all fees due to Bookthatvilla in accordance with clause 4.

6.1.4 you will not submit to the Website any Material that is unlawful or prohibited by these Terms;

6.1.5 any Material supplied by you gives a true and accurate representation of the Property;

6.1.6 you will maintain an accurate and up to date availability calendar that will allow immediate and accurate Bookings

6.1.7 all Bookings made over the Website will be binding and take priority over bookings made by any other method;

6.1.8 all Bookings are made entirely at your own risk and you are solely responsible for agreeing the terms of Bookings and for carrying out your obligations in respect of any Bookings;

6.1.9 you will be solely responsible for the completion, management and operation of all Bookings and for any dispute arising between you and a Customer including without limitation any dispute arising in connection with the cancellation of a Booking by you or the Customer;

6.1.10 you are solely responsible for the management of Property including without limitation damage, insurance, cleaning, theft, and security;

6.1.11 you will not deal direct with any Customer introduced via the Website.

6.2 You will indemnify Bookthatvilla forthwith upon demand in respect of any loss, damages, cost or expense suffered or incurred by Bookthatvilla directly or indirectly as a result any breach by you of any of your obligations under these Terms.

7. Disclaimers

7.1 Bookthatvilla does not accept any responsibility for the conduct of Customers or for ensuring that Customers will pay the Price for each Booking and you are solely responsible for making any checks that you consider necessary.

8. Rating

8.1 Bookthatvilla Ltd offers Customers the opportunity to rate each Property. This forms an integral part of the service offered by Bookthatvilla for allowing prospective Customers to decide on the suitability of any Property offered on the Website. Bookthatvilla accepts no responsibility for the accuracy or content of any feedback. You will be given the opportunity to respond to any feedback provided by a Customer.

9. Termination

9.1 Either party may terminate this agreement forthwith by removing all details and Material from the Website.

9.2 Upon termination all Material will be removed from the Website and the provisions of clauses 4, 6, 7, 10, 11 and 14.5 shall continue in accordance with their respective terms in relation to all Bookings made before termination.

10. Warranty

10.1 To the extent permitted by the applicable law, Bookthatvilla disclaims all warranties with respect to the Website and the relationship envisaged by these Terms, either express or implied, including but not limited to any implied warranties of satisfactory quality or fitness for any particular purpose.

11. Limitation

11.1 Bookthatvilla does not limit liability to you for death or personal injury caused by its negligence.

11.2 The aggregate liability of Bookthatvilla in respect of breaches of this agreement or of any other duty to you or for negligence in connection with the subject matter of these Terms (whether arising before, during or after the date of your registration on the Website) shall be limited to the fees paid by you to Bookthatvilla provided that in no event shall Bookthatvilla be liable to you for any of the following however and whenever arising:

  • Loss of profits, business, revenue, data, goodwill or anticipated savings; and/or
  • Indirect or consequential loss or damage.

11.3 You agree that the limitations of liability contained in these Terms satisfy the requirement of reasonableness within the meaning of sub-section 2(2) and Section 11 of the Unfair Contract Terms Act 1977 in the context of the other provisions of this Agreement.

11.4 You expressly agree that should any limitation or provision contained in these Terms be held to be invalid under any applicable statute or rule of law it shall to that extent be deemed omitted but if Bookthatvilla thereby becomes liable for loss or damage which would otherwise have been excluded such liability shall be subject to the other limitations and provisions set out herein.

12. Availability

12.1 Notwithstanding anything else in these Terms, Bookthatvilla will not be liable for claims relating to the functionality or availability of this Website.

 

13. Data Protection

13.1 Bookthatvilla always processes personal data in accordance with applicable data protection law and its Data Protection Statement.

14. General

14.1 Please note that the Bookthatvilla Website Terms of Use also apply to your use of the Website. In the event of conflict, these Terms shall prevail to the extent of the conflict.

14.2 You may not transfer any of your rights and obligations under these Terms to a third party. Bookthatvilla has the right to assign or transfer any of its rights and obligations at any time without notice.

14.3 Bookthatvilla reserves the right to vary these Terms from time to time without notice. You will be deemed to have accepted the varied Terms if you continue to use the Website after variation.

14.4 None of the provisions of these Terms are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a person who is not named as a party in these Terms.

14.5 These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English courts.

 

 

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