1 THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our services to you.
1.2 Why you should read them. Please read these terms carefully before you book your desired property with us. These terms tell you who we are, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Visithay a sole trader established in England and Wales. Our address is 2 Millbank Broad Street Hay on Wye HR3 5DH. We are not VAT registered.
2.2 How to contact us. You can contact us by telephoning us on +44 (0)7375 396748 or at email@example.com or www.visithay.co.uk or by writing to us at the above address.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3 OUR CONTRACT WITH YOU
3.1 We act as a hosting site for properties. Our acceptance of your booking will take place when we email you to accept it, at which point a contract will come into existence between you and us whereby in consideration of the booking fee we will notify your host of your desired booking by email.
4 OUR SERVICES
4.1 Our services constitute a hosting site for properties and by which you as guests can view those listings.
4.2 Guest Booking Fee when you book a property we will deduct a booking fee which you will be notified of at the time of booking. This fee is automatically added to the total booking cost when you as the guest submit a booking.
4.4 We do not own or manage any rental property listed on our site. It is the host's sole responsibility to be eligible to rent the property and the sole responsibility of the guest to make their own enquiries with regard to the suitability of the property and to pay for the rental. The contract is directly between you as guest and your host and the contract between you is governed by the terms and conditions provided by us on our site and they shall take precedence over any terms and conditions provided by you other than minor variations relating to such things as arrival or departure times.
4.5 You acknowledge and agree that:
4.6 Cancellation we recommend that you take out travel insurance to avoid loss if you need to cancel your stay. We impose cancellation fees if you cancel your stay which can be the loss of your whole payment including your booking fee. We will either retain these monies or withhold from your future payments, the decision as to which option is selected is in our sole discretion. In the ordinary course of events we will retain your booking fee to cover our administrative expenses. The host is under no obligation to refund any further payment made. If you do need to cancel your stay for whatever reason please contact us and we will discuss what repayment if any can be returned to you, any repayments are made at our sole discretion. We would endeavour to re-let the booking and if successful would normally consider a goodwill refund of the cost of the holiday less the booking fee, a handling charge of £90 or such proportion thereof that we felt was appropriate taking into account the cost of your holiday and all of the circumstances and any other reasonable costs incurred in remarketing the holiday. If we are not successful in re-letting the booking, the holiday cost remains payable in full.
All accommodation bookings between the 20th May – 3rd June 2019 are non refundable if you cancel less than 12 weeks prior to arrival date.
4.7 Payment When you make you booking our onlinepayment platform ( currently Stripe) will request payment of the appropriate amount to be paid to ourselves. We may change or withdraw such platform at any time without notice and in our sole discretion.
Once you as a guest have made an online payment to secure a booking, please note that the contact details you provided will be made available to the host.
We are acting as an agent only in facilitating payment by you to the host, we are not however a party to the transaction and are not responsible for ensuring the payment reaches us nor for any failure of the on line platform. If at any time there is a chargeback from the payment services provider we reserve the right to request those monies from you.
5. Cancellation and termination
6.3 How to end the contract with us Tell us you want to end the contract. To end the contract with us, please let us know by telephone or email please refer to our cancellation terms and policy for details of what you will be charged
6.4. Our rights to end the contract
· you do not make any payment to us when it is due
· upon us giving you 7 days notice by email of our intention to do so.
7. RESPONSIBILITY FOR LOSS OR DAMAGE
We act merely as an advertising service through which hosts can advertise their property for people who use our site we do not vet hosts and make no representations or warranties regarding the capacity of any user of our site with whom you may book. We would always ask you to consider your safety and to make appropriate assessment of the risks involved and you must always proceed with care and judgement
7.1 Nothing in these terms shall limit or exclude our liability for
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Except to the extent expressly stated in this clause all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
7.2 Subject to clause 7.1
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for booking the property
7.3 You acknowledge that any claim you may have that is in any way connected with a dispute you have with a user of our site must be brought directly against that user and not against us. If a guest or host makes a complaint we may investigate it at our own discretion and would ask that you cooperate. In the event of a complaint we may withhold payment until the resolution of the complaint.
7.4 You will be responsible for and agree to abide by and adhere to all laws, rules and regulations applicable to your stay at a property listed on our site You agree to leave the property in a clean and tidy condition and to pay for any damage to the property or it contents however caused.
7.5 To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
Nothing in this agreement affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7.6 You also agree to compensate us for any claims, actions, costs, expenses (including but not limited to legal costs and disbursements), losses or damages suffered or incurred by us as a result of any claim made against us by a user of our site or any other third party as a result of or in relation to your dealings with users of our site, including:
7.7 We do not own nor have we inspected nor do we have any control whatsoever over any property listed on our site and we make no representations or warranties regarding any of the properties and accept no liability in respect thereof
8.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the booking to your host or potential host;
(b) to process payments and
8.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for any reason products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
8.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
9.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
9.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
9.3 Nobody else has any rights under this contract This contract is between you and us. No other person shall have any rights to enforce any of its terms
9.4 If a court finds part of this contract 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.
9.5 Even if we delay in enforcing this contract, 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 breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
9.6 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
9.7 This agreement constitutes the entire agreement between us and cannot be varied unless such variation is agreed in writing.
9.8 Contractual Relationship We act as agent for you to facilitate the booking of your accommodation, we advertise and market properties on our on line web site and facilitate payment when you book a property. Nothing in this or in your use of our site creates, or is intended to establish, any partnership, joint venture or similar relationship between us and you. For the avoidance of doubt, we never act as a principal in connection with any of the transactions or services available on or through our site and nothing in this agreement is intended to create or does create an agency relationship.
9.9 Interruptions in our service. Whilst we take every care to maintain the continuity of our site, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate our site or any particular part of it.