Eligibility to Advertise
By advertising on our site and by providing information to us, you agree to the following:
- To provide us proof of personal identification, proof of ownership of the property advertised on our site, and proof of authority to list, to offer for rent and to rent the property, upon our request.
- That you will not wrongfully request that Carlingford Self Catering withholds a deposit on your behalf or fail to give a refund to a Holidaymaker in accordance with the Booking Contract (as defined above).
- That you will not wrongfully deny access to the advertised property.
We reserve the right to review and amend content and photographs you supply. We do not vet or review any video content that you post to our site. All video content and photographs that you submit to our site must comply with the Video and Photograph Content Requirements. You are solely responsible for the content of any material (including video content and photographs) that you submit to our site. We will not be responsible or liable to any third party, for any content or the accuracy of any content or material which you upload to our site or for any information you provide to us or any user or our site.
You agree that you will accurately describe and present the property and will disclose any material defects.
You agree that any photographs, videos and/or any other content or material that you submit to our site for the purpose of advertising a holiday home ("Advertiser Content") must not contain any of the following:
- any nudity, lewd gestures or any other material that is threatening, offensive, violent, pornographic, obscene, hateful, discriminatory or that could encourage the commission of a criminal offence;
- any material that is defamatory or libellous;
- any material which infringes the copyright or other intellectual property rights of a third party, or which breaches any privacy rights of a third party;
- inaccurate or false information about the holiday home;
- misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our site; or
- any other material which is considered to be inappropriate together referred to as "Inappropriate Content".
From time to time, we may offer a photography service for Advertisers. If you request such service from us and we agree to perform it, we will arrange for a photographer to visit your property(ies) to take photos and/or video to enhance your advertisement(s) on our site. You agree that we will own any and all intellectual property rights in the photos and/or video and that you will not receive copies of or any license to use the photos/videos. In addition, you agree not to hold us responsible for loss, damage, harm or other liability of any kind arising from:
- any act or omissions by the photographer while visiting your property; and
- the photos/videos taken by the photographer.
In respect of any Advertiser Content you submit to our site, you will retain the intellectual property rights in such Advertiser Content. By submitting Advertiser Content to our site, you hereby grant to us, our sub-licensees and assignees, a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use, edit, reproduce, record, modify, translate, distribute, play, perform, make available to other users of our site, prepare derivative works of and to display the Advertiser Content by any medium or method whether now known or later developed for the purpose of providing the services via our site and for promoting our services, including the right to assign, sub-license or transfer the whole or any part of these rights to a third party
We reserve the right to co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any Inappropriate Content or other similar material onto our site.
You warrant and agree that:
- you own or have the necessary licences, rights and consents in writing in and to any Advertiser Content that you submit to our site and you will provide to us evidence of all such licences, rights, consents and permissions if we so request;
- the Advertiser Content is your own original work and has not been copied wholly or substantially from a third party;
- the Advertiser Content is accurate, complete and true;
- the Advertiser Content is not deceptive, misleading or deceitful;
- the Advertiser Content is not discriminatory based on race, colour, national origin, religion, sex, familial status or disability, or violates any applicable law prohibiting discrimination on the basis of these or other characteristics;
- he Advertiser Content does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- the Advertiser Content complies with all applicable advertising laws and regulations; and
- the Advertiser Content does not contain any Inappropriate Content.
You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with any one of the following:
- any failure by you to obtain the necessary licences, rights and consents in and to any Advertiser Content that you submit to our site;
- any claim by a user or any third party in connection with or resulting from the Advertiser Content, including any claim that the Advertiser Content infringes the intellectual property or other proprietary rights of a third party;
- the inclusion of any Inappropriate Content in any Advertiser Content.
We reserve the right to remove from our site without notice and at our sole discretion:
- any Advertiser Content which we consider to contain Inappropriate Content; and/or
- any Advertiser Content in respect of which we have received notification that such content infringes, or may infringe, the intellectual property rights or privacy rights of a third party or breaches a duty of confidentiality to a third party.
The Advertiser shall ensure that a property advertisement on our site relates to a specific property, and this property must not be substituted for another by way of changes to the text and photographs unless our prior permission has been given in writing to the Advertiser. If an Advertiser is found to have changed the property being described, we reserve the right to suspend the advert in question.
Availability & Calendar Accuracy
The Advertiser shall ensure that the calendar availability accurately reflects the availability for the advertised property at the time the calendar is updated. Misrepresentation of availability of the advertised property is misleading to users of our site. We reserve the right to withdraw the calendar facility or terminate the advertisements concerned, without notice, where we believe calendars to be misleading.
Rental Rates Table Accuracy & Updating
It is a requirement of your advertising contract with us that your rental rates table accurately reflects the available and current prices for the advertised property. Rental rates should be based on the price per week (seven nights); nightly rates for midweek and weekends can be entered separately in the column provided. Rental rates must be representative of your maximum occupancy;
We reserve the right to request accurate updating of rental rates tables from advertisers. Failure to act on such requests, continued failure to accurately reflect available pricing, or sustained complaints from Holidaymakers about misleading advertised pricing will result in termination of advertising, without notice.
Termination of an Advertisement
If we receive substantiated complaints from any number of users of our site about a specific advertisement misrepresenting the property, or its surroundings, or the inappropriate behaviour of an Advertiser, then we reserve the right to remove the advertisement without notice or liability for any expense to you.
If an Advertiser attempts to enter Inappropriate Content into the online database, or persistently misuses the online systems, we reserve the right to remove the associated advertisement from our site without notice or liability for any expense to you.
We reserve the right to refuse or remove any advertisement from our site without notice that we consider unsuitable, incomplete or misleading, or which we consider to contain Inappropriate Content, and will not be liable for any expense in so doing.
We reserve the right to refuse any advertisement from our site where the content fails to meet our minimum requirements.
An Advertiser may remove their advertisement from our site at any time. In such circumstances we shall continue to process agreed bookings made before the advertisement is removed.
If an Advertiser wishes to have their details removed from our database, this will be done as soon as we receive formal notice from the Advertiser by email or using the 'Contact Us' page, quoting their Advertiser ID or home number. In such circumstances we shall continue to process agreed bookings made before the advertisement is removed.
If an Advertiser is in breach of these terms we may remove the advertisement from our site without notice.
In the interest of maintaining a high level of service to Holidaymakers using our site and by mobile telephone, we require all Advertisers to be available to respond to enquiries via our site.
Advertisers will not send personal contact details within the body content of messages until a confirmed booking is made and we release those details to both the Advertiser and Holidaymaker.
Advertiser shall not request that the Holidaymaker pays any sums due outside of our site (e.g. asking a Holidaymaker to send a cheque or asking a Holidaymaker to pay on one of our competitors platforms).
You represent and warrant that advertisements will not contain email addresses, links to external websites, HTML code or other mark-up languages, other than as provided herein. We reserve the right to remove from advertisements any email addresses, links to external websites, HTML code or other mark-up languages. Should an Advertiser add a link, email address, HTML code or other mark-up language without consent, re-add a link, email address, HTML Code or other mark-up language after its removal or remove reciprocated links from their website, we reserve the right to cancel their advertising without notice.
Payment of Fees
We will charge you 15% commission on the value of all accommodation rental fees, including mandatory and optional fees relating to a booking, (collectively, the “Rental Fees”) made by an Advertiser using our site. Such commission rate shall be taken from the Rental Fees the Advertiser has requested. We will deduct this commission from the amounts paid to an Advertiser in relation to a booking. We retain the right to change the commission rate at any time for any new bookings.
We will charge Holidaymakers a booking fee ("Booking Fee"), which will be a percentage of the value of the Rental Fees they agree to with an Advertiser using our site. We retain the right to change the amount of the Booking Fee at any time for any new bookings. In the event of a cancellation of a Booking for any reason by the Advertiser, Carlingford Self Catering may impose a fee (the “Cancellation Fee”), which we will either charge to you directly or withhold from your future disbursements, in our sole discretion. This is because cancellations can have serious implications on a Holidaymaker's trip, and cause us to incur costs. You will be notified of the situations in which a Cancellation Fee applies before you decide to cancel. You accept that the Cancellation Fee represents a genuine pre-estimate of our loss which is necessarily incurred in dealing with Holidaymakers’ complaints resulting from your cancellation, and the sourcing and securing of appropriate alternative accommodation on their behalf. For the avoidance of doubt, once you accept a Booking, you are under an obligation to fulfil it. If you breach this obligation and cancel a Booking, then Carlingford Self Catering may impose the Cancellation Fee.
The Cancellation Fee will generally be charged in the same currency in which the cancelled Booking was denominated.
Advertisers, whether they are in business or not, are responsible for charging and accounting to the relevant authorities for taxes (including, where relevant, VAT or other sales taxes) on the rental payments they receive from Holidaymakers.
We shall retain your payment details in accordance with applicable laws and regulations. Other than as required by any applicable laws and regulations, we do not accept any liability or responsibility in relation to storing and using your payment details. If an Advertiser has provided us with incorrect payment details (including, without limitation, bank account information) then we shall not be responsible for any failure or delay in processing payments and the Advertiser shall be liable for all costs expended by us in relation to any payments.
We reserve the right to block or suspend any payment for rental accommodation if we suspect or know of any fraud or fraudulent activity (including, without limitation, misleading advertising) taking place by or on behalf of an Advertiser. We may notify the applicable authorities in relation to such suspected or known fraud and the details of our investigations shall remain confidential and will not be disclosed to you. We reserve the right to refuse to advertise an Advertiser\'s rental properties, now or in the future, if we suspect or know of any fraud or fraudulent activity (including, without limitation, misleading advertising) which an Advertiser is connected with.
- Receiving Payments from Holidaymakers
No Advertiser should request payment from a Holidaymaker via any means other than via our site. Such actions may result in immediate termination of your advertising. For the avoidance of doubt, if we have grounds to believe you have accepted Rental Fees by other means, we reserve the right to charge you the commission we would have earned on such Rental Fees.
Advertiser shall choose the level of cancellation policy which will apply to Holidaymakers who have agreed to a Booking Contract with you in relation to specific holiday accommodation and this cancellation policy will be published to Holidaymakers. The Advertiser may change the level of cancellation policy that applies to any future bookings at any time. The Advertiser shall comply with the agreed upon cancellation policy.
In certain circumstances, we may decide, in our sole discretion, that it is necessary or desirable to override your cancellation policy, and to cancel a booking. We may also determine, in our sole discretion, to refund to the Holidaymaker part or all of the amounts charged to the Holidaymaker. You agree that Carlingford Self Catering and the relevant Holidaymaker will not have any liability for such cancellations or refunds.
We will provide Advertisers with an online payment platform, giving them the ability to accept online payments from Holidaymakers. We will hold the money paid by Holidaymakers until after the booking has commenced and completed, whereupon we will facilitate the transfer of payment to the Advertiser for the agreed amount with the Holidaymaker
Your use of a payment solution may necessitate changes to your site advertisements (for example the addition of the PayPal logo and a \'Book now\' or similar button) and you authorise us to make all such changes. Once a Holidaymaker has made an online payment to secure a booking, please note that (i) one or more of the telephone numbers you have provided and (ii) the address of your rental property will both be made available to such Holidaymaker.
We are not responsible or liable for the provision of the PayPal services or their failure or that of any other third party payment solutions. In particular, we are not responsible for any decision taken by PayPal or another provider to decline a Holidaymaker\'s payment, based on its risk assessment of that Holidaymaker. You shall not hold us liable for any losses you suffer as a result of using such services or solutions. If you need customer support in relation to an online payment service, you should contact the relevant provider for assistance.
We will act as agent for you in facilitating the Holidaymaker's payment, however, we are not a party to your transactions with Holidaymakers and are not responsible for ensuring that Holidaymakers make payments to you via the payment platform. We will not be liable or responsible for any refunds or any disputes between you and Holidaymakers.
As we may become liable for chargebacks from payment services used by Holidaymakers, we will retain the right to make a deduction from any future monies paid to such Advertiser in relation to such chargebacks. Advertisers shall provide us with all reasonable cooperation in relation to chargebacks. If an Advertiser incurs an excessive number of chargebacks, in our opinion, then we may remove that Advertiser\'s property listings from our site.
You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with your use of PayPal or other payment solutions to receive online payments, in particular any claims from PayPal, other payment solution providers or Holidaymakers, and for any liabilities arising from any for any incorrect tax calculations or submissions.
In certain situations whereby Carlingford Self Catering (a) receives notice of a chargeback filed without merit (in our sole discretion) against us in respect of a legitimate charge for a booking, and (b) subsequently loses the legitimate charge as a chargeback, the Advertiser shall assign to Carlingford Self Catering the right to pursue the loss directly against the Holidaymaker, which right we may exercise in our sole discretion.
We may suspend or terminate your access to our online payment platform or our site, with or without notice, if you breach this Advertiser Agreement, we think you are misusing the platform or our site or we receive complaints from Holidaymakers about their transactions or dealings with you, or for any other reason, in our sole commercially reasonable discretion.
All copyright, database rights, trade marks and design rights ("Intellectual Property") in our site and in the material published on it belong to us, our licensors or our Advertisers.
You may download material from our site for the sole purpose of using our site, but you must not copy, transmit, modify, republish, save, pass off or link to any content or material on our site without our prior written consent.
Consideration should always be given to the nature of advertisements and contracts transacted on the Internet, and the risks involved. Although we encourage Advertisers and Holidaymakers to make direct contact with each other, you may never meet or directly speak to an Advertiser or a Holidaymaker, and you must therefore proceed with care and judgement when using our site.
Claims and Indemnity
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 Holidaymaker has a complaint in connection with the Booking Contract or rental accommodation then you will deal with such complaint in accordance with the agreed Booking Contract. We may notify you of any complaints we receive from Holidaymakers in relation to your Booking Contract with them or your rental accommodation. We have the right but not the obligation to investigate a complaint from a Holidaymaker and you shall cooperate in such investigation (for example, by the provision of documents etc.). We reserve the right to block or suspend any payment for rental accommodation if we choose in order to investigate any complaint made by a Holidaymaker. We may only release such blocked or suspended payment following resolution of the complaint between the Holidaymaker and you where we have been notified by both of those parties that the complaint has been resolved.
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:
any error, mistake or inaccuracy, or misleading or fraudulent representation, contained in any statement, description, representation or other information made about or in connection with a property advertised by you on our site;
any act or omission by you or third parties on your behalf or any failure by you to comply with any of the terms of the Booking Contract between you and the user;
any loss of or damage to personal possessions at a property;
any incident or occurrence which takes place at a property, including any personal injury suffered by a user or any other person whilst at the property or as a result of your negligence.
Our Liability and Responsibility
We act merely as an advertising service through which you can advertise properties to users of our site and we make no representations or warranties regarding the capacity of any user of our site to make a booking with you.
You will be responsible for and agree to abide by and adhere to all laws, rules and regulations applicable to the advertisement of your rental property and the conduct of your rental business, including, but not limited to, permits, licenses, local regulations, occupancy taxes, safety compliance and compliance with all anti-discrimination laws.
To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
Any loss or damage suffered or incurred by you as a result of:
- the act or omission of any user of our site or any failure of the user to perform or comply with any of the terms of the Booking Contract between you and the user, including a failure to pay any sums required under the Booking Contract;
- any damage to the property or loss of or damage to items contained therein; or
- any incident or occurrence which takes place at the property;
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation:
- any liability for loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this Advertiser 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.
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.
Links From Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
We act as agent for the Advertiser for the facilitation of payments in relation to booking transactions through our site and for purposes of onward distribution of your advertisements. Except for this agency relationship, nothing in this Advertiser Agreement or in your use of our site creates, or is intended to establish, any partnership, joint venture or similar relationship between us and the Advertiser.
For the avoidance of doubt, Carlingford Self Catering Limited never acts as a principal in connection with any of the transactions or services available on or through our site.
Law & Jurisdiction
You agree to comply with all applicable laws, statutes and regulations concerning your use of our site. Each and every booking carried out on, or as a result of use of, our site is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with the law of England and Wales.
Events Beyond Our Control
No Third Party Rights