These terms and conditions (“the Terms”) set out the basis upon which we, UK Accommodation Index Limited, will provide the Services, as defined in Section 3 below, to you. By accepting these Terms, you are agreeing to be bound by them. These Terms exclude and take precedence over any terms which you may seek to introduce.
UK Accommodation Index operates a service known as “Scottish Accommodation Index” through our web-site http://www.scottishaccommodationindex.com (“the Site”). This web based service provides an extensive listing of vacation accommodation through-out Scotland and acts as a Scottish accommodation directory.
1.1 We will list your accommodation on the Site using the information which you provide to us in terms of Section 4 below and maintain this listing until the agreement has been terminated.
1.2 Those wishing to enquire about your accommodation shall complete the Accommodation Request form which is available on the Site and submit it to UK Accommodation Index. We shall refer the enquiry to you to confirm availability on the date (s) in question and for the number of persons specified, and shall advise the customer accordingly. If the customer wishes to make the reservation, s/he should confirm the details of the reservation by e-mail which you may then accept. At this point, the customer enters into a contract with you. As UK Accommodation Index simply acts as an agent in the transaction, it is not a party to the booking contract.
1.3 When the contract has been concluded, we shall send a Reservation Confirmation E-mail to you and the customer setting out the confirmed details of the reservation.
At the time of booking, the customer shall pay a deposit of 10% of the total booking price to UK Accommodation Index to secure the reservation. This deposit shall not be refundable. The balance of the booking price shall be payable according to your own terms of payment for guests. The customer shall also pay a booking fee of £3 directly to UK Accommodation Index Limited.
1.4 You shall provide us with appropriate details about your accommodation (which may include a picture) for posting on the Site. You warrant that this information is accurate and up to date (including, but not limited to, details of prices, availability, facilities, amenities, representations about the property or its location and all other relevant property information) and does not infringe the intellectual property rights of any third party. You agree to fully indemnify UK Accommodation Index against any and all losses, damages, claims and expenses (including legal fees) which we may incur as a result of you providing us with information which is inaccurate or misleading or which infringes the intellectual property rights of a third party.
1.5 You agree to respond to any reservation enquiry promptly and in any event within 48 hours of us sending the request to you. You shall ensure that the availability information which you provide to us is accurate and up to date. You shall also provide details of any reservation terms and conditions which you may have (and upon which you may later seek to rely), including, in particular, payment arrangements, cancellations, changes to reservations and refunds. We advise guests that, as a matter of industry practice, they will be charged for their first nights’ stay if they cancel within 48 hours of the day on which they are due to arrive. If you have specific terms of cancellation, you should give the customer notice of them.
1.6 In the event that you cannot honour a guest’s reservation due to some error or oversight on your part (or by some party acting on your behalf) you agree to arrange alternative accommodation of an equal or better standard for the guest(s) in question and meet the additional cost (if any) for the accommodation in question. You shall also be responsible for arranging complimentary transport for the guest(s) to the alternative accommodation.
1.7 You may not, prior to the conclusion of the booking contract with a customer, contact, correspond or otherwise try to communicate directly with the customer. In the event that you breach this obligation, any accommodation which you have featured on the Site will be removed immediately. If you conclude a booking contract directly with the customer, UK Accommodation Index may still be entitled to commission in respect of that reservation.
1.8 You agree to pay us a commission (“the Commission”) in respect of each reservation of your accommodation which is made using the Site. This Commission shall be 10% of the total price for the reservation in question.
1.9 UK Accommodation Index shall be entitled to retain the deposit paid by the customer at the time of booking in respect of its Commission for that transaction. The Commission shall not be refundable. If for any reason it is not possible to collect the Commission at the time of booking, we will invoice you at the end of the month in which the booking is made and payment must be made within 28 days of the date of the invoice. If we are not in receipt of cleared funds on expiry of this period, we may charge you interest on the amount outstanding at the rate of 6% per annum above the base rate for the time being of the Royal Bank of Scotland plc from the date of the invoice until the date of settlement in full. We may also, at our discretion, remove your listing(s) from the Site until all such sums are paid in full.
We shall endeavour to ensure that the Site is live and operational at all times. However we may from time to time have to take the Site off-line for repair, maintenance or development purposes. Also, the Site may go off-line because of circumstances beyond our reasonable control. In these circumstances, we shall not be liable to you or any third party for any interruption or delay in the operation of the Site, any inability to access the Site or any failure to provide the Services.
Duration and Termination
1.10 Unless otherwise agreed, this agreement will be for a minimum period of one year, after which you may only terminate the agreement by giving us 90 days prior written notice of your intention to terminate.
1.11 We may terminate the agreement with immediate effect at any time by giving you written notice to that effect and we reserve the right to remove your accommodation from the Site at our discretion.
1.12 UK Accommodation Index’s total liability to you in contract, delict or tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance (or non-performance) of this agreement shall be limited to and shall not exceed the amount of Commission paid by you to us in the preceding twelve month period.
1.13 We shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, interruption of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation which arise out of or in connection with this agreement.
1.14 Nothing in this agreement seeks to exclude or limit our liability for death or personal injury caused by our negligence.
1.15 The content of this Site (except where otherwise stated) is copyright © UK Accommodation Index Limited. This agreement does not confer any express licence in your favour to use any part of the Site for your own commercial purposes, nor may any such licence be implied. Unless agreed otherwise in writing, you may only use the trade names “UK Accommodation Index”, “Scottish Accommodation Index” or any other trade name or mark used by us in connection with the Services and/or the Site to show that you are affiliated to us. Any other use is prohibited. You shall cease using any of our trade names immediately upon receiving written notice from us to that effect.
1.16 Where you provide material to us for inclusion on the Site, you grant us a non-exclusive, perpetual, royalty free licence to use the material for any purpose whatsoever.
1.17 UK Accommodation Index Limited takes the privacy of visitors to the Site very seriously. When someone has booked your accommodation through the Site, we will provide you with that person’s details and those of the other members of their party. This data will be transferred to you in compliance with the Data Protection Act 1998 and, upon receipt, you will be a data controller in your own right in terms of the Act. Accordingly, you will have obligations under the Data Protection Act 1998.
1.18 If any provision of this Agreement is said by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected thereby.
1.19 This Agreement shall be governed in accordance with the law of Scotland and the parties hereby submit to the non-exclusive jurisdiction of the Scottish courts.
If you have any questions regarding the services offered by UK Accommodation Index please contact:
UK Accommodation Index Limited
111 West George Street
Scotland G2 1QX