Terms Of Service
Terms & Conditions 2022
1.Who We Are
Keys2Casa Limited is a company incorporated in England and Wales under the Companies Act 2006 (No: 12440240) and having its Registered Office at Westmead House, Westmead, Farnborough GU14 7LP.
1.1.By registering for and using our Services, you are entering into a legally binding agreement with us based on these Terms (referred to as the “Agreement”).
We reserve the right to amend these Terms from time to time. If the changes are deemed material, we will email you to alert you to our new Terms. You will have 7 days from the date of intimation to accept or decline to continue trading with us on these new terms and any intimation of refusal to accept our new terms must be made either by email or postal intimation to our Registered Office within the said 7-day period. Should you decide to refuse to accept our amended Terms, this will terminate the agreement and both parties will require to meet all obligations undertaken up to the date of termination. Your continued use of the Service will be deemed to be acceptance of any new Terms.
1.2. Please note that your rights and obligations relating to each Booking of your Accommodation by a Guest are set out in the Guest/Host Agreement.
2. About The Service
Keys2Casa Limited offer 2 service options.
2.1. The first: is our Marketing-Only Service.
Hosts are responsible for managing all aspects of guest stays which are not specified below.
Keys2Casa provides an online property marketing and management service. This means that we facilitate the online logistics associated with marketing a holiday home, including:
marketing your properties on your selected property listing websites (“platforms”);
calendar management; building, integrating and optimising your listings on your selected channels; dealing with guest enquiries and pre-arrival questions; processing payments from your channels and guests; pre-authorisation of a credit card for a damage deposit; provide a mobile guest app with full property details; customised social media campaigns; and to follow-up guests for feedback information.
2.2. The second: is our Full Property Management Service.
This includes all activities specified under Marketing-only Service with the following additional services: managing property keys; managing check in and checkout; scheduling and coordinating cleaning/housekeeping; arranging repairs and *maintenance that may be required during and between guest stays; provision of clean linens, towels, toiletries, and guest welcome packs at the start of each guest stay; and providing a point of contact for issues and questions that arise during guest stays.
3. Social Media
Please inform Keys2Casa in writing should you prefer not to have your property feature in any of our Social Media channels or general marketing campaigns including but not limited to; Facebook, Instagram, Open Rent and The Plum Guide (and their affiliated marketing companies such as The Times, Conde Naste, Harpers Bazar).
4. Scope of our Services
4.1. When you use our Service, we will market your properties and manage bookings for you. However, please note that when we do so, we act as your agent. This means that when we market your properties on selected Platforms, you are entering into a direct (legally binding) contractual relationship with the relevant Platforms.
4.2. Likewise, when we take a booking on your behalf, you are entering into a direct (legally binding) contract with your guest to provide your accommodation services (your “Host Obligations”) in accordance with our terms of service and the Guest/Host agreement.
4.3.It also means that when you use our Service, you appoint us as a payment collection agent solely for the limited purpose of accepting payment from your Platforms or Guests in connection with the provision of your Host Obligations.
4.4 You agree that payment made by a Platform and/or Guest through Keys2Casa Limited shall be considered the same as a payment made directly to you, and you will provide your Owner Services("Host Obligations") in the agreed-upon manner as if you received the payment directly from the Platform or Guest (as applicable).
4.5. You also agree that we may refund a Platform or Guest in accordance with the Platform cancellation policy as reflected in the Service at the time of booking.
4.6. Our obligation to pay you is subject to, and conditional upon, successful receipt of the associated payments from the Platform and Guest.
4.7. In accepting appointment as a limited payment collection agent we assume no liability for any of your Platforms or Guests, acts or omissions.
5.1. If we ask you to provide us with photos of your Accommodation or we use photos listed on other distribution sites, you grant to us (and any platforms services we engage with) a non-exclusive licence to copy, use, amend, modify (including for example, to crop or remove any copyright notices or watermarks), distribute and display these photos in relation to the marketing of your Accommodation for as long as your Accommodation is listed with Keys2Casa Limited.
5.2. Once we have prepared your Listing, we will send it to you. You must read the Listing carefully and notify us immediately if there are any statements in the Listing that are untrue, inaccurate, or misleading. We rely on you to ensure that your Listing is a true and accurate description of the Accommodation at all times.
5.3.Once you have approved your listing you will need to confirm the minimum price for each of your properties (which we refer to as the “base price”). We will never list your properties on any channel for less than the base price you have set. Our software will fluctuate prices according to seasonal demand and area availability.
6. Bookings Of Your Accommodation
6.1. When we take a booking on your behalf, your calendar will be synced across all platforms to ensure no errors occur with double bookings. You will have access to block your own property calendar at any point and changes you may make will also sync across all Platforms. You must always block dates in your calendar or inform Keys2Casa Limited in writing for any personal use to prevent any errors or double bookings.
6.2. The property will need to be ready to accept new guests after every stay, including your own use. Either inform us you would like our cleaning team at the end of the period of your own use or arrange your own cleaning before the next scheduled stay.
6.3. When we confirm the booking we will update your property calendar and notify you of every booking via email or via mobile messaging.
6.4. Whilst we make every endeavour to assess the integrity of each guest and the legitimacy of their stay, we do not carry out comprehensive background checks (for example, whether they have a criminal record). Some platforms will carry out their own ID checks through a third party provider who investigate the Guest’s ID.
6.5. At our sole discretion we may request Guest passport copies, please note this will be mandatory for any long term stays.
6.6. We are not responsible to you for the acts or omissions of any Guest staying at your Accommodation, for fraudulent bookings or for or anyone that a Keys2Casa Ltd Guest permits to visit or stay in your Accommodation.
7. Cancellations and Refunds
7.1. During the onboarding process, we ask you to consider different cancellation policy options carefully before choosing the Cancellation Policy that you would like to be applied to Bookings of your Accommodation.
7.2. If No Cancellation Policy is chosen, the following will automatically be applied:
Moderate Cancellation Policy - 100% of paid prepayments refundable when cancelled 14 days before arrival or earlier. 50% of paid prepayments refundable when cancelled 7 days before arrival or earlier. 0% refundable if cancelled after;
7.3. Until further notice, this additional clause for COVID will apply to all Keys2Casa Limited Host properties:
In the case that travel restrictions or mandatory quarantines, are applied by either UK government or the guests residing county, because of 'Pandemic Risk' a 100% refund less any charges incurred is applicable.
7.4. By agreeing to our Terms Of Service, you agree to refund as above or as per your chosen Cancellation Policy.
7.5. Once a Guest’s Booking has been confirmed, we trust you to honour the booking except in extraordinary circumstances that mean it is impossible for you to provide the Accommodation on the required dates or to the required standards. If this is the case, you must notify us immediately and provide such evidence as we need to verify the situation and comply with the applicable Cancellation Policy.
7.6.The prepayment and cancellation terms applicable to each Platform are displayed in Service under Marketing. Some Platforms may allow a grace/cooldown period after that allows the guest to cancel the transaction during this period.
7.7. If you request us to cancel a booking after we have confirmed the booking with the guest, we reserve the right to charge you any costs incurred as a result, such as credit card charges, relocation or platform cancellation fees. You must also be aware this may have a detrimental impact on future bookings – such as negative reviews on the platform and it may affect your platform ratings.
7.8. If Keys2Casa Limited are responsible for changes or cancellations to a booking and fees are charged by a channel or other reasonable costs are incurred, we will not seek to recover these from you.
7.9.In the event that the Host cancels a booking for which Keys2Casa incurs a financial penalty from a booking platform, we expressly reserve the right to set off the amount from any future Bookings.
7.10. Where a Guest cancels their Booking in accordance with the Terms of Service you agree to comply with the terms of your Host’s Applicable Cancellation Policy and shall refund any amounts due from you accordingly, and you authorise us to make payments to the Guest on your behalf if we are holding monies on your behalf as your collection agent.
8. Host Obligations
You must comply with the terms of the Agreement as set out in these Terms.
8.1.To qualify to use the Service you must meet the following criteria, and accordingly you warrant that you: are aged 18 or over; have full authority to enter into this Agreement; have full authority to list the property(ies); are not currently restricted from using the Service; will only use the Service for your legitimate interests; shall not infringe our rights, including intellectual property rights we may have in our Service; and shall only submit information that you are entitled to submit, which is accurate and not confidential.
8.2.Your Short Let property must hold a valid Electrical Safety Certificate and Gas Safety Certificate where required. Gas safety certificates are renewable annually. Electrical Safety Certificates are renewable every 5 years. Keys2Casa Limited advise copies of certificates are kept in an information folder at the property;
8.3. All electrical and gas or oil fired equipment must meets all relevant statutory obligations, be safely maintained, in good working order and serviced regularly, as appropriate and to keep copies of all safety certificates in The Property;
8.4. All fixtures, furnishings, floor coverings and fittings meet all relevant statutory obligations particularly in relation to fire safety and that they are maintained in a sound, clean condition and fit for the purpose intended at all times;
8.5. Ensure the property is fitted with the appropriate number of smoke and heat alarms, fire blankets, fire extinguishers and *carbon monoxide alarms *where gas is present ) and these must be checked regularly;
8.6. You agree that all the information in the Property Listings provided to us will be accurate and up to date, including, but not limited to, photos, rates, availability, amenities and facilities, policies for cancellations and refunds (“Cancellation Policy”), property rules and requirements (“Property Rules”) and that your accommodation conforms to all applicable laws, taxes, and any other regulations;
8.7. You are responsible for having appropriate public liability insurance for your Host services, in accordance with the laws of the country, where the accommodation is located. Hosts agree to provide copies of relevant proof of coverage upon request;
8.8. You have the legal right to grant the Guest a licence to occupy the Accommodation on the terms set out in the Booking Confirmation and the Guest/Host Agreement;
8.9. It is your responsibility to obtain any additional consents that are required, and to pay any additional costs that may be payable, in order grant to the Guest a licence to occupy your Accommodation;
8.10. You will provide fire and health & safety guidance, which shall include information about the fire exits, at least one first aid kit, smoke alarms, carbon monoxide alarms where necessary and details of the water and gas shut-offs;
8.11. You will provide the Accommodation to Guests in clean and sanitary condition, and free from rubbish with clean bedding and bathroom towels and you will ensure that this is all in place before the stated check-in time on the;
8.12. All essential appliances in the Accommodation (which includes all appliances referred to in the Accommodation Listing) shall be in full working order together with heating and where applicable air conditioning systems;
8.13. You will provide the Accommodation in the same condition and standard as advertised in your Listing on the Keys2Casa website and are responsible for immediately notifying us of any changes to the Accommodation;
8.14. You understand the circumstances in which the Guest would be entitled to a refund under the agreed Guest Refund Policy and will use your reasonable endeavours to ensure that the situations that could lead to a Guest making a Refund Claim do not arise;
8.15. You must ensure that the Guest is able to check in to the Accommodation at the check-in time (or other such mutually agreed time to allow for late arrival);
8.16. You will honour any Bookings made through Keys2Casa Limited even if you are no longer using the services of Keys2Casa Limited at the time of a Guest’s stay;
8.17. You have provided us with all House Rules that need to be included in your Listing including any restrictions that may be placed on the Guest’s occupation and use of the Accommodation imposed by third parties such as lease covenants and/or building rules; and
8.18. you have considered the cancellation policy options carefully and you understood their effect before choosing the Cancellation Policy that you would like to be applied to Bookings of your Accommodation.
8.19. Marketing-Only Host Obligations
8.19.1. You will be required to maintain an acceptable level of cleanliness and maintenance within the property for Keys2Casa limited to market your home. If acceptable standards are not maintained, we may no longer be able to market your property and we will terminate the agreement.
8.19.2. You will be responsible for managing: check-in and checkout; key handover; cleaning scheduling; repairs and maintenance; dealing with guest issues in a timely manner as and when these arise; being available for guest contact at all times to deal with queries or questions during a guest stay.
Guests will also have emergency number for Keys2Casa should the Host be unreachable.
8.20. Full Property Management Obligations
8.20.1. If any maintenance is required during a stay Keys2Casa stay we will contact you immediately and ask how you would like to proceed. Any maintenance undertaken will be agreed first by you, then deducted from the guest stay or an invoice sent directly to The Host;
8.20.2. If maintenance charges exceed stay fees an invoice will be issued with 7days to pay;
8.20.3. If a maintenance problem is not addressed, we reserve the right to move a guest into alternative accommodation and refund them the stay;
8.20.4. If a member of Keys2Casa Limited staff are required to oversee any works or resolve any issues an hourly charge is applicable.
8.20.5. Where K2C partner with an overseas management company this contract applies solely to the Marketing Obligations (the partnering company are responsible for their own Management terms).
9. Our Obligations and Agreements With You
9.1. Once your Listing is live on the Keys2Casa website we will:
9.1.1. use reasonable endeavours to market and promote your Accommodation; and
9.1.2. at our discretion highlight your Accommodation from time to time on websites, apps, social media platforms and other relevant media, including third party media.
10. Property Damage and Security Deposit
10.1. We will request Guest credit card details to pre-authorise for a damage deposit of an agreed amount that will be calculated depending on the length of the stay;
10.2. Stays of 6 months and longer (on a rolling contract) may pay a deposit of an agreed amount (usually 1 month rental term) which will be held in a secure, legally binding Tenancy Deposit Scheme. In this instance details of TDS will be provided to tenant and landlord and returned to tenant on mutual agreement at end of tenancy.
10.3. You accept that there will be reasonable wear and tear to your Accommodation over time. However, if you are able to demonstrate that your Accommodation (or any part of it) is damaged during a Guest’s stay, beyond reasonable wear and tear, you may instruct us to deduct the cost of the relevant damage from the Guest’s Security Deposit and the relevant provisions of the Terms of Service shall apply. Please note that:
10.4. we will only be able to recover the stipulated payment on your behalf to the extent that we are able to charge the relevant Guest’s card for the Security Deposit;
10.5. while we will provide you with all reasonable assistance, you will need to pursue the Guest separately in respect of any damage, the cost of which exceeds the Security Deposit; and
10.6. Guests may initiate the complaints procedure specified in Clause 7 “Complaints and Dispute Resolution” of the Terms of Service if they dispute the proposed deduction. If we are unable to recover payment, we are not liable to compensate you and you need to rely on your insurance and/or your own claim against the Guest.
10.7. You must notify us within 48 hours after your Guest’s departure if damage has been caused to the Accommodation. If you do not make a notification within 48 hours, we will presume that the damage has not been caused by the Guest.
10.8. You should check the terms of any insurance policy that you take out carefully to ensure that they do not exclude losses caused by the acts/omissions of the Guests or other visitors to the Accommodation.
10.10. if, following a Guest stay you are able to demonstrate that the Accommodation is heavily soiled and that in your reasonable opinion industrial cleaning is required you may, subject to your notifying us within 48 hours after the Guest’s departure, request us to make appropriate deductions from the Security Deposit.
10.11.Keys2Casa Limited advise an itinerary is in place alongside photographic evidence of any valuable household contents thus providing evidence in case of any damage claimed against the credit card or through the booking Platform.
11.1. If a Guest overstays at your Accommodation, we will seek to recover payment from the Guest of the relevant overstay fee set out in Clause 4 “Booking Accommodation” of the Terms of Service. While we will use all reasonable efforts to recover payment from the Guest, if we are unable to recover payment, we are not liable to compensate you.
11.2. If we do recover payment we will pay to you any parts of the overstay fee that relate to Accommodation Charges and your costs and expenses within 14 days of receiving the payment from the Guest.
12. Complaints & Disputes
12.1. In the event that there is a problem with a Guest’s stay at the Accommodation you agree to follow the procedures:
12.1.1 The following provisions apply to disputes that arise between Guests and Hosts in relation to Bookings;
Disputes on check-in
12.2. If the Host has provided an inventory and the Guest finds that there are items missing from the inventory or that the appliances in the Accommodation are materially not as described in the Listing or not in working order then the Guest must notify the Host or Keys2Casa Limited within 24 hours of check-in.
12.3. If the Guest reports any of the issues set out in Clause 11.2. above to the Host then the Host must use all reasonable endeavours to remedy the situation to the Guest's reasonable satisfaction within 24 hours of notification. If it is not possible to remedy within 24 hours then the Host must communicate with the Guest and arrange for remedy as soon as reasonably practicable.
Disputes arising during the guest's stay
12.4. If during the Guest's stay any problems arise with the Accommodation and/or the appliances in the Accommodation then the Guest must notify the problems to the Host or Keys2Casa Limited as soon as reasonably possible and in any event within 24 hours of discovery of the problem, the Host must use all reasonable endeavours to remedy the situation to the Guest's reasonable satisfaction within 24 hours of being notified of it. If it is not possible to remedy within 24 hours then the Host must communicate with the Guest and arrange for remedy as soon as reasonably practicable.
12.5. Any complaint from a Host in relation to damage to the Accommodation or any other issue with the stay must be communicated to the Guest and to us within 48 hours after the Guest's departure.
12.6. Any complaint or dispute from a Guest in relation to deductions from the Security Deposit must be communicated to the Host and us within 48 hours of the Guest being notified of the deduction.
12.8. The Host must notify Keys2Casa Limited within 48 hours after the Guest's departure if damage has been caused to the Accommodation. We will also ask the Host to provide evidence of any such damage. If the Host does not make a notification within 48 hours, we will presume that any damage is not the fault of the Guest, unless evidence suggests otherwise.
12.9. Where a complaint has been escalated to us (including a complaint in relation to damage to the Accommodation and/or deductions from the Security Deposit), we will investigate the issue and respond to the Guest and/or the Host as soon as is reasonably practicable. Each party will need to provide us with all information and evidence reasonably required to investigate the complaint. Such evidence shall be provided to the relevant Platform to further investigate. For any direct bookings, we will use our reasonable endeavours to mediate and resolve any dispute.
13.1. Use of the Service is free;
13.2. however a one-time Host On-boarding Fee is applicable to the first Host pay, to help cover the cost of Listing each home, creating the Listing, including photographs where necessary. This fee is 10% (capped at £200) and is deducted from the first Host payout.
13.3. We will charge our commission payment based on the room rate and, where applicable, cleaning & insurance fees from each completed booking made using our Service. 12.4. Your commission rate per channel (separate to Keys2Casa Limited commission) will be displayed in the Service under Marketing. Please note your nightly rate may differ marginally across channels where we have reflected differing commission rates across channels to maintain parity in the income you receive.
13.4.Commissions will not be charged if a guest cancels a booking and receives a full refund. If a guest receives a partial refund, we will charge our commission on the value of the base price not refunded.
13.5. Direct bookings through our own website do not have any additional commission for the host. A Credit Card fee will be added to the guests booking. Where possible, we will direct all customers through the website.
13.6. Please note we do not retain booking fees added by channels.
13.7. K2C Commission Fees:
Marketing-only option: Typically between 10 - 14% (no VAT currently applicable)
Full Property Management: Typically between 12 - 16% (no VAT currently applicable)
14. Tourist Tax
14.1. You agree and understand that (depending on where your Accommodation is located) that certain Tourist Taxes may need to be paid to the relevant Tax Authority;
14.2. You agree that you are responsible for paying the Tourist Taxes directly to the relevant Tax Authority.
14.3. We have no liability if you fail to comply with any applicable tax reporting or payment obligations;
14.4. Hosts located in areas where the Occupancy Tax is in place are responsible for assessing all other tax obligations, including state and city jurisdictions;
14.5. Hosts with listings in these areas should familiarise themselves with the Occupancy Tax provisions, as Hosts are solely responsible for paying them;
14.6. Hosts are responsible for informing Keys2Casa Limited if they are required to pay certain Taxes at the time of onboarding and Hosts must provide any relevant Tax documentation;
14.4. Keys2Casa Limited will inform relevant Platforms of any Tax obligations that they are made aware of;
14.4.1. Some Platforms including but not limited to AirBnB & VRBO will collect and pay taxes on the Hosts behalf;
14.4.2. Other Platforms including Booking.com collect only;
14.4.3. and as with all other direct bookings, Keys2Casa Limited will collect and transfer Taxes to the Host;
14.5. The Host has sole responsibility for transferring to the relevant authorities thereafter;
14.6. If we collect Tourist Taxes when the Guest makes a Booking you agree that you will not collect any Tourist Taxes that we are collecting for the Booking;
14.7. You agree that if the Taxes that we collect and/or pay on your behalf do not fully discharge your tax obligations on a Booking then you will pay the relevant Tax Authority the balance due.
14.8. You agree that we have no liability to you other than our obligation to pay Tourist Taxes that we have collected on the Booking.
15.1.You expressly appoint us to act as your collection agent solely for the limited purpose of accepting and, where applicable, making refunds to the Guest on your behalf.
15.2. We shall transfer the Accommodation Charges (less any deductions set out in this Agreement) to your nominated bank account on the closest Monday or Friday, after funds have cleared to us Keys2Casa Ltd and your Guest has checked in.
15.2.1.For platform bookings, Keys2Casa Limited will receive cleared funds 3 - 7 days after guest arrival date (with the exception of VRBO which follow Direct Booking payment as stated below).
15.2.2. For direct bookings, you will receive 100% of payments less commission once the stay has commenced.
15.3. In the event of bookings for longer than 30 days we reserve the right to use different payment scheduling. In the event this Paragraph applies we will inform you in advance of the booking being confirmed.
16.1. We advise that Hosts maintain appropriate home insurance throughout the period of this agreement covering both The Property and its contents;
16.2. We advise that an itinerary is in place, alongside photographic evidence of any valuable household contents thus providing evidence in case of any damage claimed against the credit card or through the booking Platform;
16.3. Platform insurance policies differ and can be seen in Service Under Marketing;
16.3.1 All Keys2Casa stays booked via Airbnb’s platform include Aircover
AirCover provides hosts $1 million in damage protection and $1 million in liability insurance. It’s always included and always free whenever you host.
16.3.2. All Keys2Casa stays booked through VRBO include $1M Liability Insurance and a damage deposit is used to cover any damages. Details: https://www.vrbo.com/l/liability-insurance/.
16.4. For direct bookings and also platform bookings we hold a deposit (either a pre authorisation on a credit card or by bank transfer) of an agreed sum to be released between 3-7 days after guest departure provided no disputes occurs.
16.5. Keys2Casa disclaims any liability for any damage or injury that may occur during any reservation booked through the Keys2Casa Service.
Longer Term Tenancies: In the case of a longer term stay money will be paid monthly in advance on an agreed date corresponding to the start date of the tenancy. Please note for longer stays a short-term tenancy agreement will also be drawn up between Landlord and Tenant.
The amount that we will deduct from each booking is detailed in the Fees section above.
Should a refund out-with the standard terms of the booking be agreed between yourself and the guest, you will bear the full cost of this refund and will be required to return any funds that have already been remitted to you including any cancellation costs incurred within 30 days of the cancellation.
17.1. When a guest challenges a charge made by them on a credit card, known as a “chargeback”, we will be notified by our credit card payment provider (“provider”).
Once notified, we have a period of time to defend the chargeback using all the information available to us in relation to the booking. We will submit all information that we have available within the required timescales, however, the final decision lies with our provider. Should the provider agree with our defence, no further action will be required, and you will still be entitled to payment for the booking. However, if the provider does not agree with our defence, they will refund the guest and we will, therefore, have to reclaim the value of the booking from you as if this was a cancellation of a booking. We will either request you to send these funds to us by bank transfer or we may be able to offset the amount against a future payout.
18. About your Selected Platforms
18.1. Please note that when you agree to use our Service, you are also accepting and agreeing to the relevant terms and conditions of any Platforms we may choose on your behalf. Links to each channels’ terms and conditions are available in our Service under Marketing and we advise you to read these carefully.
18.2. Platforms do not permit duplicate listings of properties. Your Keys2Casa listing will take priority over any listing that you choose to manage yourself on the same Platform.
18.3. If we are obliged to pay a fee to a Platform as a result of your breach of such terms and conditions, then we shall be entitled to a refund of such costs from you. This includes any cancellation costs which we incur as a result of your breach, and any travel costs we may be required to reimburse your guests on your behalf due to such cancellation. We may offset any such costs against any money we may owe to you or request that you refund these costs to us.
19. Cancellation of this Agreement
19.1. If you wish to withdraw your Listing for any reason, please notify us at email@example.com with as much notice as possible to avoid Guest disappointment.
19.1.1. You are required to honour all Bookings made through Keys2Casa Ltd before your withdrawal;
19.2. We reserve the right to terminate this contract at any time by giving you written notice. This may be as a result of failure to comply with these Terms and Conditions, failure to comply with Platform listing requirements or any other reason that will be communicated to you such as a higher than normal cancellation rate. This could include, but is not limited to: acting in a non-professional manner or not having the legal right to advertise properties listed on the Service.
20. Our rights in the Service
We own or validly license all intellectual property rights including photographs (if applicable) in our Service, and in the material published on it. Except to the extent set out in the Agreement, or otherwise agreed in writing between us, you are not permitted to use such intellectual property rights.
21. Availability of Service
We shall use reasonable endeavours to make the Service available 24 hours a day, seven days a week, except for planned or unplanned maintenance.
22. Data Protection
23. Disclaimer of Warranties
The Service is provided on an ‘as is’ and ‘as available’ basis and to the extent permitted under English law, without warranties of any kind. In particular we make no warranty that the Service will meet your requirements or expectations or that it will be error free. We make no warranty regarding any transaction concluded between you and a guest or in connection with the Service, and you understand that each such transaction is entered into at your own risk.
Non-exclusion. We do not exclude or limit in any way our liability for:
death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; fraud or fraudulent misrepresentation; or any matter for which it would be unlawful to exclude or restrict liability.
25. Our Liabilities
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a result of our breach of the Terms or our failure to use reasonable care and skill.
Our total liability to you in respect of all other loss or damage arising under or in connection with the Agreement shall in no circumstances exceed the sum of the Commission received by us during the 12-month period preceding the date on which the claim arose.
This section shall survive termination of the Agreement.
You agree to indemnify us against all claims, loss or damage which we sustain or are likely to sustain as a consequence of your breach of the Agreement, including your breach of any of the terms and conditions of your selected channels.
If we choose to waive any particular right we have under the Agreement on any particular occasion this does not prevent us from exercising that right on another occasion.
If any part of the Agreement is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Agreement.
You are not entitled to transfer or assign your rights and obligations under the Agreement to anyone else without our prior written permission.
28. Applicable Law, Taxation and Jurisdiction
If there are any disputes arising out of your use of the Service, or otherwise relating to the Agreement, then these will be governed by English law and subject to the exclusive jurisdiction of the English Courts. All references to taxation and rates of taxation are to revenue and taxation applying from time to time in England unless otherwise agreed in writing.
29. Service under Marketing
Individual terms & conditions for main marketing Platforms:
Last updated Jan 2022