(1) These terms and conditions (the “Owner Ts & Cs” or Owner Terms and Conditions) govern the relationship between, Caravans Direct (NW) Ltd (Company number 06007935), Banks House, Ty Isa Road, Llandudno, LL30 2PL (“Provider”) and any user of this website and of the content or services available through it (“this, or the Site”) who or which offers any caravan for rental through it, including owners, lessees and managers, (collectively, “Owners”).
(2) The Owner Ts & Cs constitute a legally binding agreement between the Provider and the Owner; each Owner who uses or accesses this site agrees to the Owner Ts & Cs.
(3) If the Owner is a company, partnership or other entity, a person who uses this site, and/or agrees to the Owner Ts & Cs, on behalf of that Owner represents that he/she has the authority to bind the entity to these Owner Ts & Cs.
(4) The Provider does not authorise anyone to register with this site unless they are able to enter into legally binding contracts.
2. The Basics and Listing Terms
(1) This site is a place where Owners can advertise one or more caravans (each a “Caravan”) for rental to potential tenants. We refer to actual and potential tenants, whether of the Owner’s or other Caravans, as “Hirers”.
(2) The Provider is not, and does not become, party to any contractual relationship between the Hirer and the Owner, and does not mediate between the Hirer and the Owner in the event of any dispute arising between them. The site is a venue for assisting the Owner and Hirers to interact. Neither the Owner nor the Hirer of any Caravan shall have any claim whatsoever against the Provider in respect or the hire or other arrangements made between them in relation to the hiring of any Caravan.
(3) The Provider will create and run a webpage listing to facilitate the hiring of the Owner’s Caravan (“Listing”).
(4) The contract is formed when the Owner makes an order by means of the site’s relevant online form and pays to the Provider the fees for the relevant Listing (“Listing Fees”).
(5) Owners are responsible for ensuring that the content of their Listings do not infringe the law or the rights of any person or entity. Listings must not contain false information, personal insults, anything slanderous or defamatory, or anything that infringes copyright or data protection law.
(6) The Provider reserves the right to decline to place any Listing that appears, in the Provider’s discretion, to be capable of infringing, or be associated with the infringement of, any provision of these Owner Ts & Cs.
3. Listing Details and Services
(1) In a standard Listing, one Caravan r
ntal is displayed. The Owner may list more than one Caravan for an additional listing fee.
(2) In a standard Listing, up to ten photos of a Caravan may be displayed. A cut-down version of the Listing is shown on the site as a search snippet, in the form of a preview with a picture of the Caravan, linked to the full-page Listing.
(3) Listings are searched by Hirers according to various criteria, such as:
– Onsite Facilities
– Booking preferences
– Local amenities
– Special requirements
(4) The Provider offers the possibility to link Listings to Google Maps. In order to do so, the Owner must confirm that the address indicated for the relevant Listing is correct, and must separately agree to Google’s relevant terms and conditions.
4. Payments/refunds and cancellations
(1) Payments to the Provider can be made by direct debit, credit card payment or PayPal. All banking and other fees relating to a payment shall be borne by the Owner.
(2) Listings will be active for one full year from the date that the Owner submits the full payment of Listing Fees (the “Purchase Date”) and expires on the last date of the year.
(3) The Provider aims to create your Listing within 1 business day after we process your Listing Fee. Should we not create your Listing within 5 working days after receiving your Listing Fee payment then you have the right to ask for a refund.
5. CONSUMER RIGHTS
(1) You have a legal right to cancel this contract within 14 working days of your payment. You must let us know about your cancellation in writing and posted to the Provider. However, once we have created the listing, the provision of the service will be deemed to have commenced. If you cancel this contract the Listing Fee will be refunded to you only if the provision of the service has not commenced.
(2) Should a refund be requested before we create your Listing then a full refund will be given within 5 business days. The refund will be processed through the same method you used to pay us.
6. Rights and obligations of the Provider
(1) The Provider shall be entitled to change the layout and content of this website at any time during the course of a Listing and without prior notice. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it will be free from errors or omissions.
(2) The Provider shall use reasonable efforts to ensure that Caravan depictions on the site are as true and accurate a representation as practicable of the photographs of the Caravans that the Owner has submitted to the Provider. However, the Owner acknowledges that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
(3) The Provider may occasionally undertake upgrades of the site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the site. The Provider will, where possible, aim to ensure that maintenance of the site that causes any such restriction is undertaken at a time when most Owner’s usage is least affected. The Owner shall have no claim for breach of contract or otherwise in respect of any such period of non-availability.
(4) The Provider does not guarantee that the site, or any content will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
(5) The Provider complies with its data protection obligations. The Owner authorises the Provider to provide the Owner’s contact details, including telephone number to Hirers in connection with a Caravan booking. The Provider may, for the sole purpose to prevent fraudulent behaviour of a third party, give an Owner’s phone number to a Hirer.
(6) If the Provider determines, or an allegation is made, that (a) The Owner has submitted unsuitable material for Listings or material that infringes the law, regulations or the rights of any person or entity, (b) an Owner, or misused the site, (c) an Owner’s listing or rental practices are unacceptable or unfair (for example, and without limitation, if an Owner double-books a Caravan for multiple Hirers on the same date, or engages in any practice that would be considered unfair or improper within the holiday rental industry), (d) the Owner is in material breach of these Owner Ts & Cs or any other obligations owed to the Provider, or Hirer, (e) an Owner has been is abusive or offensive to any employee or representative of the Provider, (f) an Owner uses a false identity, then the Provider shall be entitled to cancel either (i) any affected Listings, or (ii) all Listings associated with such Owner immediately. An Owner or Listing that contravenes any of the above requirements shall be in breach of these Owner Ts & Cs, and the Provider may cancel a listing without any further notice to the Owner. Note that the Provider assumes no duty to investigate complaints.
(7)The Provider reserves the right to suspend, or terminate provision of services to any Owner which is or appears in the reasonable opinion of the Provider to be in breach of the Owner Ts and Cs. Any Owner is suspended may not re-register without the permission of the Provider.
(8) The Provider reserves the right to change the Owner Ts and Cs at any time. Owners will be notified via the site.
7. User rights to content
(1) Where an Owner submits to the site any content of any type, including text or images, the Owner undertakes that he has the right to do so, and has been granted the necessary consent by any relevant persons or owners of featured items.
(2) To the extent that Owners’ Listings and other submissions may contain trademarks, Owners declare that they have the right to use them, including sublicensing rights.
(3) By submitting any form of content to the site, the Owner authorises the Provider and its affiliates to display and disseminate the content in connection with the performance of these Owner Ts&Cs.
8. The Provider’s limited liability and indemnity
(1) In no event will the Provider be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site, your use of the site and/or any transaction between users, even if the Provider has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the site, you do not agree with any part of these Owner Ts & Cs, then your sole and exclusive remedy against the Provider is to discontinue using the site. In all events, our liability, to you or any third party in any circumstance arising out of or in connection with the Site is limited to the greater of (a) the amount of fees you pay to us in the six months prior to the action giving rise to liability, and (b) £100.00 in the aggregate.
(2) Nothing in these Owner Ts and Cs shall be construed as limiting liability for death or personal injury caused by the negligence of the Provider, the Provider’s fraud, fraudulent misrepresentation or any other matter for which it would be permitted by law for us to exclude or attempt to exclude our liability.
(3) The Provider reserves the right to remove from sale any goods or services, to cancel or withdraw Listings or to suspend or cancel all or any of the services for technical, legal or regulatory reasons without penalty or compensation to any Owner or Hirer.
(4) The Owner shall indemnify and hold Provider harmless against any claims by third parties brought against the Provider or any Provider arising out of or in connection with:
a) any breach of these Owner Ts&Cs on the part of the Owner
b) Any breach or inaccuracy in the Owner’s representations and warranties.
The Owner shall not directly or indirectly:
(a) With respect to the site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes: exploit, copy, distribute, reproduce, edit, make publicly accessible or decompile any of the same;
(b) Transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation.
(c) Use the site for purposes other than those referred to in these Owner Ts & Cs;
(d) interfere with, damage or disrupt the site.
(e) Transmit content on the site that breaches any applicable criminal or other laws, or encourages any such breach;
(f) Use or access the site in any way that might endanger any computer system or network, including by making available any virus, worm, Trojan horse or any other contaminating or destructive features.
(g) Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered „phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability;
(h) Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material.
10. Usernames and Passwords
Owners are required to keep their account login details secret and not to pass them on to third parties. If Owners are contacted by third parties and asked for login details, under no circumstances should they impart that information.
11. Owner Information and Third Parties
(2)We may provide links on our website to the websites of other companies. We cannot give any undertaking that products or services you may purchase from these websites will be of satisfactory quality and any such warranties are disclaimed by us absolutely.
(1) All content that appears on this site, and the site itself, is protected by copyright. Reproduction of the site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
(2) Owners are permitted to download, display or print individual pages of the site. The relevant file or the relevant printout must clearly bear the text “© 2014 Rent My Caravan All Rights Reserved”.
13. Governing Law and Entire Agreement
(1) These Owner Ts & Cs, and the relationship between the Owner and the Provider, shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English and Welsh courts.
(2) These Owner Ts & Cs contain the entire agreement between the Provider and Owner relating to their subject matter.
14. Miscellaneous provisions
(1) The invalidity of one or more provisions of these Owner Ts & Cs shall not affect the validity of the other provisions.
(2) The Provider’s failure to act with respect to a breach of these Owner Ts & Cs by the Owner or others does not waive the Provider’s right to act with respect to subsequent or similar breaches.
(3) The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Owner Ts & Cs.
(4) The Provider reserves the right to transfer these Owner Ts & Cs, and to assign or subcontract any or all of its rights and obligations under these Owner Ts & Cs, to a third party but will not do so in such a way as to reduce any guarantees you are given to the Owner under these Owner Ts & Cs.