GENERAL TERMS & CONDITIONS OF SERVICE
In these Conditions unless otherwise stated: "Agreement" means any contract for the provision of Services by the Company to the Customer which incorporates these Conditions; "Charges" means the charges payable by the Customer for the provision of the Services details of which can be found on the Company's Website http://www.book-villa.co.uk which may vary from time to time; "The Company" means BOOK-VILLA; "Commencement Date" means the date upon which the Company confirms acceptance of the Customer's offer to pay for the Services in accordance with these Conditions; "Intellectual Property Rights" means all or any registered or unregistered intellectual property rights in any part of the world, including but not limited to patents, design rights, copyrights, topographical rights, know-how, rights in inventions and ideas and rights to confidence together with any right to apply for any such intellectual property rights and the benefit of any applications for any such intellectual property rights; "Order" means a request made by the Customer to the Company for Services to be supplied subject to these Conditions; "PayPal" means the payment services offered by PayPal (Europe) Ltd.; "Service" and "Services" means the providing of all products or services of the Company.
2. TERMS OF CONTRACT
2.1 Incorporation of Conditions
These Conditions shall apply to and be incorporated into any Agreement between the Company and the Customer relating to the Services.
Subject to any special conditions agreed between the Company and the Customer, these general Terms and Conditions shall apply and shall prevail over any other term of this Agreement. No variation or waiver or addition to this Agreement shall be binding on the Company, unless and until it is confirmed in writing by the Company.
The Company may revise these Terms and Conditions at any time by amending them and posting an up to date copy on the Company Website.
3. SUPPLY OF SERVICES
The Company agrees to supply the Services to the Customer on the following conditions, though please note that these conditions are not an offer to provide service but merely a statement of the terms on which we would provide them. (a) the Company shall supply the Services to the Customer as per the Agreement; (b) the Company shall inform the Customer of any delay in the delivery of the Services as soon as reasonably practicable.
The Company warrants to the Customer that the Services will be provided using reasonable care and skill but at all times this will be subject to downtime caused by routine or emergency maintenance by the Customer or occasioned by third parties. The Company will not be liable to the Customer or any third party for any losses whatsoever caused by such downtime.
All accounts are payable on demand. In the absence of demand, payment in full for the services supplied shall be made by the Customer to the Company as indicated. The Company shall also be entitled to charge such reasonable costs as it may incur in recovering any overdue balances.
The Company shall be entitled to issue an invoice for the Charges on the Commencement Date or as soon thereafter as is reasonably practicable. The Customer agrees to pay for all services and features in advance; except when noted otherwise.
4.3 Means of payment
Payment of the Charges can only be made by a bank transfer. Payments processed by Pay Pal are subject to Pay Pal's terms and conditions of service, and the Company makes no representations or warranties with respect to those services.
The Company shall be entitled to vary the Charges from time to time with effect from the date specified in the Amendment Notice. The Company shall issue an Amendment Notice no later than 6 weeks prior to the date that any variation of the Charges shall come into force.
If the Charges are not paid in accordance with the Company's invoice, the Company shall be entitled to charge interest on the outstanding amount at the rate of 6% above the base rate from and including the due date but excluding the date the outstanding amount is paid in full.
Neither the Company or the Customer shall be entitled to set off a credit against any amount owed to it by the other under the terms of this Agreement or under any other agreement prior to completion of this Agreement.
The Company shall not be liable to the Customer and shall have no obligations, duties or liabilities whatsoever in contract, tort or otherwise to the Customer under any circumstances.
The Company makes no warranty to the Customer as to the quality of the Services or for the fitness of the Services and in any event. The Company shall not be liable to the Customer for any breaches of its obligations under this Agreement.
The Company shall not have any liability to the Customer in respect of any breach of this Agreement for loss of revenue, business, anticipated savings or profits or any loss of use or value of any service or for any indirect or consequential loss howsoever arising.
The Company shall not be liable to the Customer in respect of death or personal injury or any loss or fraud resulting from the negligence of the Company, its employees or agents.
The Customer will indemnify the Company for all loss of revenue, business profits, costs and expenses arising from any failure by the Customer to use the Services in accordance with this Agreement.
Nothing in this Agreement shall prevent the Company from pursuing payment of a debt against the Customer.
5.7 International access
Where the Customer accesses this site from locations outside the United Kingdom, the Customer does so on the Customer's own initiative and is responsible for compliance with local laws.
6. TERMINATION OF CONTRACT
The Company shall have the right to cancel this Agreement upon giving a notice to the Customer.
Termination or expiry of this Agreement by the Company for whatever reason shall not prejudice or affect any right of action or remedy which shall have occurred or shall accrue thereafter to the Company.
The Company reserves the right to terminate this Agreement without notice upon any of the following events: (a) the Charges and/or Additional Charges are outstanding for more than 10 calendar days; (b) the Customer is in breach of his obligations.
7. CUSTOMERS’ CANCELLATIONS
7.1 Start of contract
For the purposes of this clause, the date the contract is formed shall be the date when the Customer agrees to BOOK-VILLA’s Terms & Conditions during the order process. The date the Customer receives confirmation shall be the date when as a result of placing the official order, the Customer gets an electronic notice in writing that the contract is formed.
7.2 Cancellation request
The Customer is responsible for contacting the company to ensure that their cancellation request has been received.
7.3 Cancellation charges
The Customer will have the right to cancel the contract once the Company has commenced provision of the Services subject to cancellation charges as set below.
8. LIMITATION OF SERVICE
The Company shall be entitled to terminate all the Services if the Customer breaches the terms of this Agreement. This Clause shall not be construed in any way as limiting the termination rights of the Company. Following the termination of Services the Company shall not be liable for any Customers’ losses and damages.
9. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights of the Company in any documentation shall at all times remain vested in the Company.
10. DATA PROTECTION
All information, mail messages and other data stored on the Company's computer system will be treated as private and solely the property of the Customer at all times and will not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Customer and/or for the purpose of the Company's back up services and/or providing the Customer with the Services and/or for the Company's own internal purposes such as market research.
10.2 Third parties
The Company expressly points out to the Customer that by entering into this Agreement the Customer acknowledges and agrees that once the Customer's unencrypted data passes onto the Internet, it is not secure and is open to unscrupulous use. The Company cannot accept responsibility or liability for any data or information that becomes available by such means against the wishes of the Customer and the Company recommends the use of encryption for transfer of sensitive data or information.
11. FORCE MAJEURE
The Company shall not be liable for any failure in performing its obligations under this Agreement due to circumstances beyond its reasonable control.
12.1 Obligation to Insure
The Customer shall take out and maintain at its own cost insurance against any property loss, damages and in respect of death or personal injury or any loss or fraud resulting from the negligence of the Company, its employees or agents.
We endeavor to satisfy all our customers’ needs. Should there be any complaints concerning the provision of any services, contact the company by sending an email to: firstname.lastname@example.org.
Neither this Agreement or any rights or obligations hereunder may be assigned or transferred or sub-contracted by the Customer in part or in whole to a third party, without the prior consent of the Company such consent not to be unreasonably withheld. The Company may on providing notice to the Customer assign this Agreement in part or in whole to any third party.
The properties advertised by BOOK-VILLA are listed by the Owners. The Owners are entirely responsible for all of the information, including images, text and other content, relating to the Properties they offer. It is the Owner's responsibility to ensure that all the information included is accurate, and to correct any deficiencies in it. The Company has no responsibility for, or involvement in, the content of any properties listed on the Company’s website.
15.2 Law of England and Wales
This Agreement shall be construed and governed in all respects in accordance with the Law of England and Wales and the English Courts shall have exclusive jurisdiction in respect of any disputes arising hereunder.
Each party shall treat as confidential all information received by it from the other party relating to the other party's business, customers, strategies and plans, and such information may only be used for the purpose of this Agreement and may only be disclosed in strict confidence to its professional advisers or any person to whom disclosure is required by law, to its employees or subcontractors where reasonably necessary for the purposes envisaged by this Agreement, and where otherwise specifically permitted by this Agreement.
If you have any questions or concerns about BOOK-VILLA'S General Terms & Conditions of Service, please CONTACT US.