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Terms and Conditions

This Agreement details responsibilities of Booking-Yacht.com and the Accommodation Provider in the operation of the ‘Booking-Yacht.com” website (the “Site”).

 Definitions

‘Accommodation Provider’ means the Accommodation Provider of Services which are featured in the Site.
‘Agreed Period’ means this is the length of time that the Accommodation Provider’s services will be featured within the Site.
‘Guidance Policy’ means the instructions for Accommodation Providers in the use of the Site as appear on the Site at the date and time of this agreement (as such may be amended from time to time).
‘Intellectual Property Rights’ all copyrights, patents, utility models, trade marks, service marks, design rights (whether registered or unregistered), database rights, semiconductor topography rights, business names, computer data, generic rights, proprietary information rights and all other similar proprietary rights (and all applications and rights to apply for the registration or protection of any or the foregoing) as may exist anywhere in the world
‘Services’ means the services of providing holiday accommodation to consumers offered by an Accommodation Provider to a customer by means of the Site.
‘Site’ means the website appearing on the domain name ‘Booking-Yacht.com’

 

  1. Basis of Agreement

2.1          Booking-Yacht.com shall facilitate the advertising / promotion of holiday accommodation by an Accommodation Provider through the Site in consideration of the payment when due of the Fees.

2.2          The Site may be used by consumers seeking to take accommodation at one of many locations who may identify a suitable accommodation through the Site. The consumers may then purchase holiday accommodation from an Accommodation Provider following an introduction through the Site.

2.3          The Accommodation Provider shall provide all material necessary to advertise / promote the accommodation on the Site which shall be uploaded to the Site in accordance with the Guidance Policy.

2.4          Booking-Yacht.com shall not be responsible for any of the information provided by the Accommodation Provider and shall no be under any obligation to check or review the accuracy, validity or decency of any material appearing on the Site.

2.5          Booking-Yacht.com, or where it is the case, its licensors or licensees, owns the Intellectual Property in the Site and on all material appearing in it. Nothing in this agreement shall be construed as transferring or licensing any Intellectual Property to the Accommodation Provider save to the extent necessary to give effect to this agreement.

 

  1. Responsibilities of the Accommodation Provider

3.1          The Accommodation Provider shall be responsible for the maintenance of the information relating to the services that are to be featured within the Site.

3.2          Use of the Site is subject to this agreement which the Accommodation Provider shall be deemed to have accepted each time it logs on to the Site.

3.3          The Accommodation Provider agrees to place details of all availabilities onto the Site in accordance with our Guidance Policy.

3.4          The Accommodation Provider shall indemnify Booking-Yacht.com against any claim, counterclaim, loss, fine or liability (whensoever and howsoever arising) resulting from any act or omission of the Accommodation Provider, incorrect or false or misleading description of any kind in the information or material provided by the Accommodation Provider to Booking-Yacht.com .

3.5          The Accommodation Provider shall be responsible for the updating of the information relating to the Services that are to be featured on the Site and to ensure that the information provided by the Accommodation Provider for display within the Site is accurate, up-to-date and relevant.

3.6          The Accommodation Provider may not introduce software into the Site nor and to allow third party that does not have authority from Booking-Yacht.com  access and Booking-Yacht.com  may remove from the Site anything that appears on the Site or functions through the Site that has not been authorised by Booking-Yacht.com .

  1. Order processing and fulfilment.

4.1          Unless specifically agreed the processing and fulfilment of all orders received by the Accommodation Provider via the Site shall be the responsibility of the Accommodation Provider.

4.2          It is the responsibility of the Accommodation Provider to ensure that all orders received through the Site are processed and that communication with the person making the order takes place within 48 hours of receipt of order.

4.3          If the Accommodation Provider’s Services displayed on the Site are unavailable for any reason or the Accommodation Provider knows of any factors which will delay the fulfilment of any contract made by it, it is the responsibility of the Accommodation Provider to contact its customer without delay.

4.4          The Accommodation Provider must provide full information about their normal terms of business and cancellation procedure. This information must be accessible from the Accommodation Provider’s displayed material on the Site.

4.5          The Accommodation Provider shall have primary responsibility for selecting their own range of offers of services that feature within on the Site.

4.6          Booking-Yacht.com reserves the right to request that specific services of the Accommodation Provider’s range are featured in the on the Site or that the presentation of specific services is discontinued or removed. Such right will be exercised in the absolute discretion of Booking-Yacht.com.

5.             Payment of Fees

5.1          The Accommodation Provider agrees to pay the Fees in accordance with the payment terms set out on the Site and agrees not to withold or set-off any amount owing.

5.32        Booking-Yacht.com will invoice the property, for the fees agreed on the Service Order Form.

 

  1. Responsibilities of Booking-Yacht.com

6.1          Booking-Yacht.com agrees to provide the Accomodation Provider with access to the Site via the Internet subject to this agreement.

6.2          The Accomodation Provider may not grant any third party access without the permission of Booking-Yacht.com.

6.3          Booking-Yacht.com shall be responsible for ensuring the accessibility/availability of the Site. If for the reasons of planned maintenance, the Site becomes unavailable. Booking-Yacht.com, will give the Accommodation Providers reasonable notice of this downtime.

6.4          Booking-Yacht.com aims to maintain 24 hour access to the Site but cannot guarantee a continuous uninterrupted service.

6.5          Neither Booking-Yacht.com nor any other party has control over the Internet, which is a global decentralised network of computer systems. Service interruptions may occur due to causes beyond Booking-Yacht.com ’s control such as system malfunctions or failures of other parties. In these circumstances Booking-Yacht.com will use its reasonable endeavours to restore service as soon as reasonably practicable.

6.6          Booking-Yacht.com will be responsible for promoting the Site.

7.             Site Warranty

7.1          The Accommodation Provider acknowledges that the software used in the Site may not be error free and agrees the existence of such errors shall not constitute a breach of this agreement.

7.2          If the Accommodation Provider discovers a material error which substantially affects the use of the Site, provided that any such material error was caused by any act or omission of Booking-Yacht.com, Booking-Yacht.com shall endeavour to correct any such error as soon as possible following notification.

 

  1. Limitation of liability

8.1          To the extent permitted by law, Booking-Yacht.com shall not be liable to the Accommodation Provider nor any person dealing with the Accommodation Provider for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this agreement, the Site, its use or otherwise, except to the extent that such liability may not be lawfully excluded under the applicable law.

8.2          Booking-Yacht.com ’s total liability in contract, tort, (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the amount of Fees received in relation to the Services.

8.3          Nothing in this agreement is to be construed as limiting or excluding in any way the liability of Booking-Yacht.com for any negligence which causes the death or injury of any person or for any fraudulent misrepresentation.

8.4          In no event shall Booking-Yacht.com be liable to the Accommodation Provider whether arising under this agreement or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, for any Consequential Loss. ‘Consequential Loss’ shall for these purposes mean:

(i)            pure economic loss

(ii)           losses incurred by any third person dealing with the Accommodation Provider or other third party

(iii)          loss of profits (whether categorised as direct or indirect)

(iv)          losses arising from business interruption

(v)           loss of business revenue, goodwill, anticipated savings

(vi)          losses whether or not occurring in the normal course of business, wasted management or staff time

(vii)         loss or corruption of data.

8.4          Booking-Yacht.com does not give any warranty that the Site shall operate continuously or that it will remain error free at all times. Booking-Yacht.com does not warrant that the Site is free from viruses but does take commercially reasonable steps to prevent and check for viruses.

8.5          The Accommodation Provider acknowledges that the material appearing on the Site, software in the Site, designs logos, text, images, video reproductions or photographs or data may be subject to copyright (and in the absence of Booking-Yacht.com ’s written permission) the Accommodation Provider has no licence or permission to copy any such material belonging to another party save to the extent necessary to promote its own services under this agreement.

 

  1. Duration of this agreement

The Accommodation Provider will be entitled to offer Services through the Site for the agreed period. This period of time will normally be one calendar year, from the date this agreement has been signed.

 

  1. Agreement renewal

This agreement shall be subject to renewal before the end of the agreed period if both parties wish to renew the agreement provided that if the agreement is renewed, it shall continue for a further term of one year, to commence on the date of expiry of the agreed period.

 

  1. Termination procedure

11.1        Booking-Yacht.com may terminate this agreement if the Accommodation Provider is in breach of any of the terms of this agreement

11.2        If Booking-Yacht.com terminates this agreement, that termination shall not affect the rights or obligations of the parties which accrued prior to termination.

11.3        Either party may terminate this agreement by giving at least 0 days’ notice in writing at any time.

 

  1. General

12.1        The Accommodation Provider will ensure that any equipment it uses is of suitable specification for using the Site software.

12.2        Booking-Yacht.com does not agree to convert or input data unless explicitly agreed in which case the Accommodation Provider agrees to ensure that the data to be converted are in a suitable format to be converted and that the integrity of data is checked both before and after the conversion process. Certain aspects of data may not be amenable to conversion.

12.3        The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this agreement.

12.4        If any Clause within this Agreement is deemed to be invalid then the particular offending clause in question shall be removed by the remainder of the Agreement shall stand

12.5        This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties submit to the jurisdiction of the English courts. This Agreement is governed by English Law

 

  1. Fees

It is agreed that the Accommodation Provider will pay Booking-Yacht.com annual fee or commission based on the value of the agreements to provide services that are made via the Site, as mentioned on the Service Order Form.

 

  1. Special promotions

Booking-Yacht.com reserves the right to develop and run specific Site wide promotions at any time.