1. THESE TERMS
1.1. What these terms cover. These are the terms on which we supply services to you. Our primary service is the provision of online marketplace services enabling Property Owners to advertise properties and facilitate communication with potential Vacationers.
1.2.1. You are a “Property Owner” using our online marketplace to list and advertise your properties.
1.2.2. You are a “Vacationer” using our online marketplace to find holiday rental accommodation and contact a Property Owner for the purpose of sourcing rental accommodation for a holiday.
1.3. Why you should read these terms. Please read these terms carefully before you agree to use our service. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, the duration of the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Secluded Escapes Ltd (Company number 11805168) a company incorporated in England and Wales and whose registered office is 20-22 Wenlock Road, London, N1 7GU.
2.2. How to contact us. You can contact us by sending us an email to firstname.lastname@example.org.
2.3. How we may contact you. If we need to contact you, we will do so by telephone or in writing by the email or postal address you provided to us.
2.4. What we do. We provide an online marketplace for Property Owners to advertise their holiday rental properties and communicate with potential Vacationers. Our online marketplace only facilitates advertisement and communication between Property Owners and Vacationers. We do not own or have any other link, association or vested interest in properties advertised on our online marketplace. Secluded Escapes is not a party to any contract engaged between the Property Owner and Vacationer.
3. OUR CONTRACT WITH YOU
4. YOUR USE OF OUR SERVICES
4.1. Acceptable use of our service.
4.1.1. All Users warrant to only use the online platform for its intended purpose (see 2.4). The User is accountable for any improper use, unauthorised access or other consequential action that is of detriment to Secluded Escapes.
4.1.2. All Users warrant that they have capacity to be bound by these terms and in doing so will not breach any constitutional documents, contractual arrangements or other applicable provision.
4.1.3. The communication tools within the online marketplace must only be used for the purpose of exchanging communications regarding a property and associated arrangements. Under no circumstances will Users use the platform for solicitation, spam or other misuse or purposes. Communications via the site are viewable by us and we may monitor communications to enforce the terms of these terms.
4.1.4. All Users will ensure the protection of their login credentials and passwords.
4.1.5. All User contributions and interaction must be truthful, accurate and appropriate. Anything illegal, obscene, offensive, defaming, discriminatory or otherwise inappropriate is strictly prohibited.
4.1.6. The User must have the legal right to able to submit and list content contributed.
4.2. Specific terms for Property Owners.
4.2.1. Property Owners warrant they are permitted, and have the authority, to enter and be bound by these terms. This includes holding all licenses, insurances and other requisites to list and let rental property(ies), and adherence to all applicable laws, rules and regulations.
4.2.2. Property Owners are required to purchase an annual subscription to list their properties. The term starts on the date the Property Owner pays the subscription fee and expires on the last date of the annual subscription period (365 calendar days) unless renewed. Annual subscription renewals and payments are processed automatically. The automatic renewal can be discontinued by logging into your subscription account created during the initial sign up (https://secludedescapes.chargebeeportal.com/) or by contacting us at email@example.com. Unless the subscription is discontinued prior to the renewal, we will automatically charge your form of payment for the renewal and you hereby authorise us to do so.
4.2.3. If a Property Owner purchases a subscription but does not create a listing, the listing does not show on the website, or is not considered suitable by us, we will refund the subscription listing. We reserve the right not to permit a listing or may remove a listing at our sole discretion.
4.2.4. Subscription fees are non-refundable in the event the Property Owner wishes to terminate or otherwise remove their listing before the end of the subscription period.
4.2.5. Property Owners warrant that they will provide only accurate and up to date information for their listings. Property Owners will submit two forms of proof of ownership to us via email (firstname.lastname@example.org) for each property within two weeks of submitting the listing. Proof of ownership can include, but not be limited to, a scan of the following: (i) property title or deed; (ii) bill of sale; (iii) tourist license or other formal permit to let the property; (iv) utility bill; or (v) proof of mortgage. Failure to adhere to this, or failure to evidence ownership, may result in the removal of your property listing.
4.2.6. Property Owners will not mispresent, attempt to mislead or otherwise deceive us or Vacationers. Such actions will result in permanent exclusion from the online marketplace and may invoke legal action against the Property Owner and/or reporting to relevant authorities. In such an event, and for the avoidance of doubt, subscription fees will not be refunded.
4.2.7. Property Owners are required to provide the address of their advertised property to enable accurate searching and listing using Google Maps. Google Maps is a third-party resource and the Property Owner hereby accept the terms and conditions of Google Maps accordingly.
5.1. Relationship between the Property Owner and Vacationer. Secluded Escapes disclaims all liability in respect of the contract and agreement engaged between the Property Owner and Vacationer for accommodation rental.
5.2. Liability of Property Owners. Property Owners shall carry insurance cover as is sufficient to cover its liabilities under these terms and to provide rental accommodation. The Property Owner will indemnify Secluded Escapes, and hold Secluded Escapes harmless, from all direct, indirect or consequential liabilities such as loses, claims, demands, costs and expenses (including legal fees) incurred or suffered by Secluded Escapes arising out of or in connection with any breach of these terms or any negligent acts, omissions or any infringements directly or indirectly linked to the Property Owner (this includes, but is not limited to, loss of profits, loss of business, depletion of goodwill and similar loses). The Property Owner shall (at its own cost) provide assistance that Secluded Escapes (shall reasonably require) to assist with any third party claims or disputes arising out of or otherwise in connection with Property Owners liabilities as outlined.
5.3. What we are not liable for. Whilst reasonable effort is made by Secluded Escapes to check authenticity and accuracy of a property listing, Secluded Escapes shall not be liable for any loss, expense, damage or delay arising from any misrepresentation by a Property Owner.
5.4. What we are liable for. Nothing in these terms shall limit or exclude Secluded Escapes liability for; death or personal injury caused by its negligence; fraud or fraudulent misrepresentation or wilful default by its own employees, agents or subcontractors; a breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Good Services Act 1982; liabilities arising from a breach of data protection; or any matter for which it would be unlawful to exclude or restrict liability.
6. HOW WE MAY USE YOUR PERSONAL INFORMATION
6.1 How we will use your personal information. We will use the personal information you provide to us to:
· provide the services in performance of these terms between us;
· process your payment for such services;
· if you agreed during the sign-up process, to inform you of other services and send newsletters, but you may stop receiving these communications by updating your profile or by contacting us; and
7. OUR RIGHTS TO MAKE CHANGES
7.1. Minor changes to the services. We may change the services:
7.1.1. To reflect changes in relevant laws and regulatory requirements; and
7.1.2. To implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services.
7.2. More significant changes to the services and terms. In addition, we may make changes to these terms or the services relating to the price, your subscription plan or use of the services, but if we do so we will notify you and you may then contact us to end the contract. Subscription paying Property Owners will receive a refund at an adjusted value in respect of the remaining subscription period.
8. YOURS AND OUR RIGHTS TO END THE CONTRACT
8.1. Property Owners. The annual subscription sold runs for the full 365 day term. In the event a Property Owner terminates this agreement before the end of this term, the subscription fee will not be refunded.
8.2. Vacationers. Vacationers can terminate their agreement at any stage by deleting their profile by accessing their profile settings.
8.3. Secluded Escapes. We reserve the right to remove any Users and terminate their right of use of the service without any specific reason and without being liable for compensation. We may terminate this contract if; (i) we determine or suspect that there has been a breach of these terms; (ii) a User has acted unlawfully; (iii) a User has acted in a manner that is detrimental to any party; or (iv) a User otherwise misuses the service.
9. RIGHTS OF CONTENT
9.1. The Users themselves retain the right to all text, pictures and other content that they create in the service. The Users allow others to utilize the content in accordance with the nature of the service and furthermore allow Secluded Escapes to file information and data and make changes that are necessary for the service, however other rights are not transferred from the Users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has provided it to the marketplace. We have the right to remove or amend any material when we deem it necessary.
10. IF THERE IS A PROBLEM WITH THE SERVICES
How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact us by ‘contact us’ on the website or by email, writing to email@example.com.
11. OTHER IMPORTANT TERMS
11.1. Secluded Escapes assumes no duty to investigate complaints.
11.2. Secluded Escapes reserve the right to change these terms if required.
11.3. Secluded Escapes make no guarantees of the functioning of the service.
11.4. The Users are themselves responsible for their actions using the service and they should estimate the reliability of other Users before dealing with them.
11.5. Users may not store any information or data in the service and expect it to remain there.
11.6. The Service may only be used in accordance with these terms.
11.7. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the agreement within 90 days of us telling you about it and, for subscription paying Property Owners, we will refund an adjusted value in respect of the remaining subscription period.
11.8. You may only transfer your rights or your obligations under these terms to another person with our written consent. We may withhold our consent if we have good reason to do so.
11.9. Nobody else has any rights under this agreement (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.10. If a court finds part of these terms 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.
11.11. Even if we delay in enforcing these terms, 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 breaching these terms, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but you continue to use the service, we can still require you to make the payment at a later date.
11.12. These terms are governed by English Law.