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	Hoteliers Benefits Of Becoming A Bedsearcher Partner World Class Service How Simply It Works The Price of Success How Do I Become A Partner Terms and Conditions		Terms and Conditions Accommodation Availability Services 1. OUR TERMS AND CONDITIONS =========================== 1.1) Please read these terms and conditions carefully as they apply to your access and use of our Website and the provision of the Services through our Website. You are responsible for bringing these terms to the attention of anyone who may access our Website through your Accommodation Account. They include important information relating to the Services and from the basis of any agreement between us should you wish to proceed with and continue to utilise the Services. We request that you pay particular attention to our privacy policy which sets out the principles by which we abide in relation to the treatment of information about visitors and Accommodation Account Holders who register on our Website. 1.2) Once you have read and agree to these terms and conditions, please sign and return to us the copy attached. Upon receipt we shall authorise your Accommodation Account, (and notify you by email), and you will be able to proceed with the submission of Accommodation details and the operation of the Services. If you do not agree with these terms and conditions or fail to return the copy attached, you will not be authorised to use the Services available on this Website. 1.3) These terms and conditions constitute the entire agreement between us with respect to our Website and the provision of the Services, and supersede all prior communications and agreements between us, whether electronic, oral or written, regarding the subject matter contained in this Website. 2. LEGAL NOTICE =============== 2.1) The content of our Website, (including, but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), is our property and that of our content suppliers and is, unless specifically stated otherwise, protected by copyright, other intellectual rights and analogous rights. It is published by us and may not be reproduced other than by downloading and viewing on a single CPU and/or printing a single hard copy, for private or internal business purposes only. It is not to be otherwise reproduced, transmitted, made available on a network or used to create derivative works without our prior written consent. 2.2) The trade marks, logos and service marks shown on our Website, unless otherwise specified, are the trade marks of us. No rights are granted to use any of them without our prior written consent. 2.3) Any infringement of our rights will result in appropriate legal action. 2.4) Any framing of or linking to our Website without first obtaining our written consent is prohibited. All links to our Website must go to www.bedsearcher.co.uk. Please do not link directly to any other pages on our Website. We cannot accept any responsibility or liability for access to or the material on any site which is linked from or to our Website. 2.5) This notice is made by Central Leisure UK Limited, registered in England with number 04044045 and with registered office at Plantation House, East Cowton, Northallerton, North Yorkshire, DL7 0JY. 3. DATA PROTECTION AND PRIVACY ============================== Any information you give to us will be stored and used in accordance with our privacy policy and you acknowledge that any information we pass to you in respect of this Agreement will be processed by you in accordance with the Data Protection Act 1998. 4. SECURITY =========== 4.1) Access to your Accommodation Account and the Services will be gained by using the username and password selected by you during the registration procedure. You are responsible for ensuring the confidentiality and proper use of your username, password and Accommodation Account and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your Accommodation Account or password. 4.2) You must tell us immediately if you believe that an unauthorised person knows your username or password or has access to your Accommodation Account. 4.3) We reserve the right to refuse or otherwise suspend access to or terminate Accommodation Accounts if we suspect an unauthorised person is attempting to access it. 4.3) You agree that we shall not be liable for any losses you suffer as a result of unauthorised access to your Accommodation Account until such time as you have informed us of any unauthorised or possible unauthorised use of your username and password or of a breach of security. 5. HYPERLINKS ============= Our Website may include hyperlinks to sites operated by other parties but we are not responsible for examining or evaluating them and their inclusion does not imply our endorsement of their material. You therefore agree that we will not incur any liability in respect of the content of any site accessed through a hyperlink contained on our Website. 6. THE SERVICES =============== 6.1) This Agreement and your continued use of the Services shall be subject to these terms and conditions, which supersede any other terms and which govern your access of and use of our Website and the Services to the exclusion of any terms and conditions which you purport to apply or which are implied by trade, custom or course of dealing. No terms or conditions transmitted, (or otherwise sent), by you will form part of this Agreement or apply to your access to and use of our Website and your Accommodation Account simply as a result of such terms and conditions being communicated to us. 6.2) The Service allows you on-line access to your Accommodation Page enabling you to remotely update your Accommodation, Accommodation Availability and Accommodation Costs, subject to the terms of this Agreement. 6.3) You must ensure that the details posted by you to your Accommodation Account [or submitted to us for placement through your Accommodation Account] are complete and accurate and that you provide us electronically, (or otherwise in writing), with a copy of all changes made to your Accommodation Account with any further necessary information we may request relating to the Accommodation, Accommodation Availability and Accommodation Costs to enable us to properly operate the Services. 6.4) Our employees or agents are not authorised to make any representation concerning our Website, or the Services unless confirmed by us by e-mail, (or otherwise in writing), and you acknowledge that you do not rely on, and waive any claim for breach of, any such unconfirmed representation, (unless such representation is made fraudulently). 6.5) We reserve the right to place restrictions on the placement of Accommodation and your use of the Services and your Accommodation Account. 7. DESCRIPTION ============== 7.1) We reserve the right to make any changes to the the operation of the Website, the Services or your Accommodation Account which are required for the Services to conform with any applicable safety or other statutory (including EU) requirements or which do not materially affect their performance. 7.2) Any minor error or omission on our Website or in any documentation or information issued by us or displayed on our Website shall be subject to correction without any liability on our part. 8. CANCELLATION AND DELAY ========================= 8.1) You are responsible for ensuring that details of Accommodation and Accommodation Availability posted by you on our Website are correct and updated regularly to ensure, (to the extent possible), that Accommodation and Accommodation Availability, accessible to Customers can be properly and accurately booked. 8.2) Where details of Accommodation and Accommodation Availability are incorrect or have not otherwise been properly updated by you on our Website and this results in the need for you to cancel bookings made by Customers, the responsibility for notifying the affected Customers will remain with you. 8.3) Where cancellation of Accommodation requirements by a Customer is notified to us, (either in writing, by telephone or email), we shall inform you of any such occurrence as soon as practicable so that Cancellation Charges can be properly applied. 8.4) We are entitled to withdraw access to any arrangements regarding Accommodation and/or Accommodation Availability in the case of obvious errors or inaccuracies regarding the Services. 8.5) We reserve the right to cancel or suspend this Agreement without liability to you if we are prevented from or delayed in carrying on our business by any cause beyond our reasonable control. In such circumstances, you may also give notice by e-mail to cancel this Agreement if the cause in question continues for a continuous period in excess of 60 days but in any event you shall remain liable to pay for the Services provided by us prior to such cancellation by us or you. 9. PRICE AND AVAILABILITY ========================= 9.1) Service Tariff Features 1 Photo Long Description (800 characters) and Brief Description (100 characters) Benefits National advertising and promotion of your business You have complete flexibility over the number of rooms available at the prices you set. You can set up short breaks to optimise bookings in your quiet times. Rooms can be taken back at the click of a mouse for last minute visitors if not already sold. Price No set up fee. We receive a flat rate fee of Ł2.50 per room booked per night and 12% commission of the price paid to you by the Customers for Accommodation. It is your responsibility to ensure that the additional amount of Ł2.50 per room per night is levied to Customers. This should be included in the Accommodation Costs posted to our Website. 9.2) You are responsible for ensuring the accuracy of the Accommodation Cost information posted on our Website by you in respect of the Service. 9.3) Customers will be required to provide credit or debit card details at the time a booking is confirmed and such details will be authenticated by our system. We are not responsible for charging Accommodation Costs to a Customer's credit or debit card. The individual card details will be encrypted and stored on our secure server for access by you using your username and password when payment for Accommodation is to be deducted or Cancellation Charges are to be applied. Cancellation Charges are to be applied. Cancellation Charges will be levied on the following basis:- Where cancellation occurs 48 hours or less before the anticipated arrival date, 100% of the total Accommodation Costs may be retained or charge, (as applicable), by you in respect of that Customer subject to payment to us of 12% commission and our administration fee of Ł2.50 per room per night cancelled. Where cancellation occurs more than 48 hours before the anticipated arrival date the Customer is entitled to receive a full refund [less our Ł2.50 administration fee] where monies have already been collected [or, where monies have not been collected, our Ł2.50 per room per night administration fee shall be charged and remitted to us in accordance with our Invoice]. 10. PAYMENT =========== 10.1) We shall issue an Invoice to you each month in respect of Accommodation booked by Customers, along with any applicable Cancellation Charges deducted by you in the previous month. The Invoice will indicate the total amount to be paid to us. Payment of the invoice will be due 30 days following the date of Invoice. 10.2) Despite any arrangement allowing credit, payment is due and payable to us immediately upon cancellation or termination of this Agreement. 10.3) We are entitled to set off sums owed by us to you against sums owed by you to us. 11. LIMITATION OF LIABILITY =========================== YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION 11.1) The following sets out our entire financial liability, (including any liability for the acts or omissions of our employees, agents or subcontractors), to you in respect of any access or use by you of our Website or breach of these terms and conditions and any representation, statement or act or omission, (including negligence), arising under or in connection with our Website or this Agreement and in respect of any contemplated performance or lack of performance of the Services. 11.2) All warranties, conditions or other terms implied by statute, common law, trade usage or otherwise are excluded to the fullest extent permitted by law. 11.3) We make no warranty that the Services will meet your requirements or that the Services will be uninterrupted, timely or error free. We will not be responsible if we are unable to provide access to your Accommodation Account or use of our Website or the Services for whatever reason. 11.4) This Website or any part of it may not be compatible with your browser or computer configuration and we make no warranty that it is. 11.5) Subject to paragraph 11.1, in providing the Services we make no representations, (either express or implied), or warranties as to the satisfactory quality, fitness for a particular purpose, non-infringement, compatibility and accuracy of the documents or the information you use from our Website. 11.6) You warrant to us that you will not use our Website and the Services for any unlawful purposes or in a way that is prohibited by these terms and conditions. We may immediately suspend or terminate your Accommodation Account and your ability to access our Website if you breach any of these terms and conditions or if we believe that we or our other partners may incur liability from your actions. 11.7) Subject to paragraphs 11.2 and 11.8:- 11.7.1) We shall not be liable to you for any loss or corruption of data or any loss of profit, financial loss, depletion of goodwill or any indirect loss, damage, costs or expenses whatsoever which arise out of or in connection with:- a. your access or use of our Website or any material on it; or b. the result of any use made of our Website or such material; or c. any agreement; and 11.7.2) Subject to paragraph 11.7, our total liability in contract, tort, (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with your access or use of our Website or any material on it, the result of any such use or material or the performance or contemplated performance of this Agreement shall be limited to the total cost of the Services under which the claim arises for any one event or series of connected events. 11.8) Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation. 12. INDEMNITY ============= You agree to indemnify us against any damages, losses, costs, claims or expenses incurred by us towards a third party arising our of or in connection with your use of our Website or the Services provided by us or their operation and whether arising by reason of our negligence or otherwise. 13. TERMINATION =============== 13.1) This Agreement shall terminate immediately upon the happening of any one or more of the following:- 13.1.1) You are dissolved or have a bankruptcy order make against you or make an arrangement or composition with your creditors; or 13.1.2) You, (being a body or corporate), convene a meeting of creditors or enter into liquidation, (whether voluntary or compulsory); or 13.1.3) You have a receiver, manager, administrator or administrative receiver appointed of the whole or any part of your undertaking, property or assets; or 13.1.4) A resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order in respect of you; or 13.1.5) Any proceedings are commenced relating to your insolvency or your possible insolvency in any jurisdiction to which you or any of your assets are subject. 13.2) This Agreement shall terminate immediately upon service of written notice of termination by us on you on the happening of any one or more of the following:- 13.2.1) You have, suffer or allow any execution to be levied on your assets or obtained against you; or 13.2.2) You commit a material breach of any of your obligations under this Agreement; or 13.2.3) You are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986; or 13.2.4) You cease or threaten to cease to trade. 13.3) Termination of this Agreement shall not affect rights and duties accrued before termination. 14. GENERAL =========== 14.1) We reserve the right to change these terms and conditions from time to time. This right shall not affect the existing terms and conditions accepted by you at the time you accessed our Website, submitted Accommodation details and/or Accommodation Availability, or agreed to the provision of the Services which shall govern our contractual relationship with you in respect of that access, submission or provision of Services. Any replacement terms will take effect from the date of confirmation of receipt by you of those replacement terms or following your continued use of the Services. 14.2) In these terms and conditions:- "Accommodation" means the rooms made available by you for inclusion on our Website as part of the Services; "Accommodation Account" means that area of our Website which allows you to access amend, update and remove Accommodation and details of Accommodation Availability and access Customer credit or debt card details on-line through the use of your username and password; "Accommodation Availability" means the number of rooms available at your establishment on the dates submitted to our Website by you at the Accommodation Costs; "Accommodation Cost" means the price to be charged per night (inclusive of VAT) for a room at your establishment; "Accommodation Page" means that area of our Website allocated to you as part of the Service where changes can be made by you to Accommodation, Accommodation Availability and Accommodation Costs; "Agreement" means this agreement for the provision of "real-time" accommodation services and any continuing use of such services; "Cancellation Charges" means those administration and other charges payable upon cancellation of an Accommodation booking by a Customer at the level set out in the Service tariff; "Customer" means a person booking Accommodation through our Website; "Service" means access to our on-line "real-time" accommodation availability service which provides an image and short description of the Accommodation on our web page with links to your own dedicated Accommodation Page. Full function remote accessibility allows all elements of your Accommodation, Accommodation Availability and Accommodation Costs to be amended, linked and updated by you; 14.3) Each of our rights or remedies is without prejudice to any other of our rights or remedies. 14.4) Each of the provisions contained in these terms and conditions shall be construed as being independent of every other and if any provision contained in the terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to the limitations on liability, such determination shall not affect the validity of the remainder of the terms and conditions which shall continue in effect. 14.5) Our Website is operated and controlled from the United Kingdom and these terms and conditions and your use of our Website are governed and construed in accordance with the laws of England and Wales. By agreeing to these terms and conditions you consent to all disputes arising out of or relating to your use of our Website or provision of Services being decided only by the courts of England and Wales. If you are accessing our Website from another jurisdiction it is your responsibility to ensure compliance with the laws that apply to that jurisdiction. 14.6) You are not permitted to assign your rights and obligations under these terms and conditions. 14.7) All rights under the Contracts (Rights of Third Parties) Act 1999 are excluded. 14.8) Failure or delay by us in enforcing or partially enforcing any provision of these terms and conditions is not a waiver of any of our other rights. 14.9) Any waiver by us of any breach by you is not a waiver of any subsequent breach. 14.10) Any notice to be given by either of us to the other under these terms and conditions must be by email addressed to that other party at the email address which you complete in the registration form or our email address as set out in our confirmation of registration or such other address as we may notify you for these purposes. By signing and returning a copy of these terms and conditions you agree that you:- 1. have read and understand the terms and conditions set out above; 2. consent to our use of your information in accordance with our privacy policy; and 3. agree to be bound by these terms and conditions.
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Terms and Conditions