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Legal Policy - Terms & Conditions at Goletworld.com

Definitions And Interpretation

Provision Of Services

Double Booking/Property Availability

Obligations of the Property Owner

Changes to the Services

Prices and Payment

Confidentiality and data protection

Intellectual Property Rights

Assignment and Sub-contracting

Third party rights

Service of notice

This Agreement is made Between:

1.

Goletworld a company based in UK with and registered office in the Moffat Centre 219, Colinton Road, Edinburgh, EH14 1DJ UK ("GLW")

2.

The Property Owner or their managing agent acting as the Property Owner.

Background:

a.	The Property Owner has requested Goletworld to provide certain services comprising:

i.	providing website facilities to the Property Owner; and
ii.	providing access to the website to Customers; and
iii.	facilitating the booking of holiday premises through the website for a fee

b.	Goletworld Limited agrees to provide such services all on the terms and conditions of this Agreement.

It is agreed as follows:

1.
Definitions and interpretation

In this Agreement, unless the context otherwise requires:

a. Words in the singular include the plural and vice versa and words in one gender include any other gender

b.
A reference to any regulations, guidelines or the like issued by any applicable regulatory body shall be deemed to include any renewal, replacement or amendment of such regulations or guidelines.

c.

Reference to:

i.

any party includes its successors in title and permitted assigns;

ii.

a "person" includes any individual, firm, body corporate, association or partnership, government or state (whether or not having a separate legal personality);

iii.

a Clause or schedule is to a clause of or a schedule to this Agreement;

d.
the table of contents and the headings of Clauses are for convenience only and shall not affect the interpretation of this Agreement.

e.
any undertaking under this Agreement not to do any act or thing shall be deemed to include an undertaking not to permit or suffer the doing of that act or thing

In these terms and conditions the following words have the following meanings:

"Agreement" the agreement between the parties as set out herein, including the schedules;

"Commencement Date" the date of the acceptance of this document by the Property Owner;

"Commission" Agreed percentage of the total holiday cost excluding the booking fee and any credit card charges

"Customer" the person wishing to make a booking (holidaymaker);

"Documentation" means any documentation provided by GLW to the Property Owner in its provision of the Services;

"DPA" means the Data Protection Act 1998 and any applicable EU Directives or Regulations relating to data protection;

"Written confirmation" Can be by email, fax or post

"Force Measure" has the meaning described in Clause 13.1;

"Holiday" dates that the Customer wishes to reserve the property;

"Network" means the hardware, software and systems used by GLW to provide the Services;

"GLW" Goletworld Limited

"Services" those services set out in Background (Paragraph A) which will be provided by GLW;

"Properties" means the addresses being the locations from, to or in respect of which the Services are to be provided.

"Booking Fee" a fixed sum added to the holiday cost by GLW

2.

Variations

No variation of these conditions shall be effective unless agreed in writing between an authorised representative of GLW and an authorised representative of the Property Owner.

3.

Term

This agreement commences on the Commencement Date and continues in force unless terminated in accordance with Clause 12.

4.

Provision of Services

GLW agrees to provide Services to the Property Owner after the Commencement Date on and from the approval of the entry of the Property on the website

GLW will not be in breach of its obligation under 4.1 to the extent that it is unable to meet its obligations due to the following:


-	the Property Owner's failure to comply with its obligations under this Agreement;
-	any act or omission of a third party providing products or services that are required
	by the Property Owner to use their Services;
-	any fault in equipment or software not forming part of the Network;
-	maintenance of the Network; and
-	Force Mesure.
-	Double bookings/Property availability

In the unlikely event of two bookings arriving at the same time the booking that arrives first at GLW's office must take priority.

5.

Double bookings/Property availability

	In the unlikely event of two bookings arriving at the same time the booking that arrives first at GLW's office must take priority.

	In the event of a Property not being available for any reason for forward bookings already taken by GLW on the Property Owner's behalf, the Property Owner shall indemnify GLW for the full amount refunded to the Customers (including any compensation claimed)

6.

Obligations of the Property Owner

a.

The Property Owner must ensure that it does not use the Services to transmit or

process any material that:


	is defamatory, offensive or obscene;
	infringes the rights of any person (including right of copyright or confidentiality);
	or breaches applicable laws or regulations in all applicable jurisdictions.

b.

The Property Owner must:


	provide GLW with such access to its information, records and other material as GLW

	may reasonably require to provide the Services;

	make available appropriate personnel and other assistance as is reasonably required
	by GLW in order to enable GLW to meet its obligations under this Agreement;

	promptly inform GLW if it becomes aware of any suspected problems with the Services and provide all available details to enable GLW to investigate the suspected problem;

	and inform GLW immediately upon receipt of any bookings received by the Property Owner for properties to which the Services apply.

c.

The Property Owner is solely responsible for:


	the content and accuracy of any data or information which the Property Owner sends or receives using the Services;

	ensuring that any properties advertised on GLW's site comply with the Trade Descriptions Act 1968 and 1972 (or equivalent), the Consumer Protection Act 1987 (orequivalent) and any other applicable regulation covered by the applicable jurisdictions or equivalent legislation in force in the country that the Properties are situated in;

	ensuring that information provided to GLW is accurate and that if any changes are made to the Properties this is reported to GLW immediately and also to any Customer who has already reserved the Properties;

	insuring the Properties and contents to the full value and maintaining public liability insurance; ensuring that the Properties are entirely safe for use by holiday makers and that all appliances, furniture and equipment provided are in good and safe working order and that the water, gas and electrical supplies are adequate and safe and comply with any legislation in force in the country that the Properties are situated in;

	ensuring that the Properties are continuously maintained and serviced with adequate provision for a cleaning service between lets and suitable key collection and reception arrangements must be made;

	displaying a list of emergency services, information, operating instructions of equipment in their Properties together with a contact name and phone number;

	using the Services in accordance with any instructions and procedure that GLW may reasonably provide the Property Owner from time to time. collecting a security deposit from the Customer which may be retained in the event that there is damage to the property caused by the Customer.

7.

Changes to the Services

GLW has the right to make a change to the Services without the consent of the Property Owner, if GLW, acting reasonably, considers it necessary to do so.

Without limiting the operation of Clause 7.1, GLW may implement a change to the Services where it arises from:


-	an impairment of the integrity or availability of the Network
-	a substantial impairment of the Services;
-	necessary compliance with applicable law or regulations; or
-	breaches of the obligations of the Property Owner.
-	GLW reserves the right to change the wording, but not the essence of the content,
	of any Property
-	o GLW reserves the right to remove any property from its site without notice, if
	GLW, acting reasonably, considers it necessary to do so.

8.

Prices and Payment

	GLW will retain its commission, booking fee and any credit card charges from the booking deposit paid by the Customer and forward the balance to the Property Owner.

	The remainder, (booking deposit less Commission, booking fee and any credit card charges), will be forwarded to the Property Owner at the end of the Calendar month in which it is received, subject to a cut off date 7 days prior to the end of the Calendar month.

	Despite Clause 8.1 to 8.3, if at any time payment to the Property Owner is made in currency other than £ Sterling the charges incurred when exchanging the currency are the responsibility of the Property Owner and GLW reserve the right to deduct them from any any payments made.

	GLW reserves the right to increase its Charges. GLW will provide one month’s written notice of such an increase of costs to the Property Owner.

9.

Cancellations

	On cancellation by the property owner GLW will offer when possible an alternative apartment. If there are no properties available GLW will proceed to fully refund the 10% deposit paid in advance.

	On cancellation of the reservation by the Customer, GLW will retain the 10% deposit paid at the time of the booking as a cancellation charge.

	GLW reserves the right to cancel a reservation if the total payment has not been received from the Customer 6 weeks prior to the Holiday or, in the case of Holidays reserved less than 2 months prior to the holiday, if the total payment has not been received 10 days from the Booking Confirmation.
	GLW reserves the right to cancel a reservation under any circumstances.

10.

Disputes

GLW will endeavour to mediate in the event of a dispute between the Property Owner and the Customer but accept no liability either for any damage caused to the Property by the Customer or for any failure by the Property Owner to satisfy the Customer’s requirements

11.

Confidentiality and data protection

	GLW will maintain security safeguards against: unauthorised or unlawful processing of Data;

	and the loss or destruction of the Data in accordance with the DPA.

	Neither party shall use, copy, adapt, alter, disclose or part with possession of any business, employee or customer information or data of the other which is disclosed or otherwise comes into its possession directly or indirectly as a result of this Agreement and which is of a confidential nature ("Information") except as strictly necessary to perform its obligations or exercise its rights under this Agreement.

The obligations described in Clause 11.2 will not apply to Information which:

	the receiving party can prove was in its possession or in the public domain at the date it was received or obtained;

	or the receiving party lawfully or properly obtains without obligation of confidentiality;

	or comes into the public domain otherwise than through the default or negligence of the receiving party; or was independently developed by the receiving party without reference to the Information of the other party;

	or with the prior consent of the other party (such consent not to be unreasonably withheld or delayed) is disclosed to obtain or maintain any listing on any recognised stock exchange;

	or is required to be disclosed to a court or a body having similar authority provided that the other party is given prompt notice and, at the other party’s request and expense, the receiving party uses reasonable endeavours to obtain a protective order and otherwise to protect the Information.

GLW reserves the right to use the data for distributing information about GLW services, but undertakes not to disclose the data to any third parties, without prior written permission

12.

Intellectual Property Rights

	The copyright in the material contained in the website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying some code and software (including applets) belongs to GLW, its subsidiaries or the providers of such information.

	All rights are reserved. None of this material may be reproduced or redistributed without written permission.

	However a single copy may be downloaded or printed for non-commercial off-line viewing.

	The Property Owner retains ownership of all copyright in data the Property Owner submits to the website. The Property Owner grants to GLW a worldwide, non-exclusive licence to use, copy, distribute, publish and transmit such data in any manner.

	The Property Owner acknowledges that all proprietary and intellectual property rights in the Network and Documentation provided to the Property Owner by GLW remains with GLW. GLW grants to the Property Owner a non-exclusive, non-transferable licence to use the GLW Software and Documentation for the sole purpose of receiving the benefit of the Services. The licence granted under Clause 11.2 terminates on the termination of this Agreement.

	The Property Owner will be responsible for and shall indemnify GLW against all losses, damages, costs and expenses by reason or on account of any libel or any infringement of copyright due to copy and/or photographs supplied by the Property Owner to GLW.

13.

Termination

Either party may terminate this Agreement immediately by providing written notice to the other party subject to any bookings already taken being honoured by both parties.

Either party may (without prejudice to its other rights) terminate this Agreement by notice in writing to the other if:

-	a voluntary agreement is approved, or an administration order is made, or a receiver or administrative receiver is appointed over any of the other's assets or an undertaking or a resolution or petition to wind up the other is passed or presented (other than for the purposes of amalgamation or reconstruction) or if any circumstances arise which entitle a court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order or a similar event occurs in respect of the other in any other jurisdiction;

-	or the other party breaches any material obligation under this Agreement and (in the case of a remediable breach) fails to remedy the breach within seven days of receipt of notice so to do;

-	and such termination shall take effect either immediately or at a date specified in such notice.

-	The termination of this Agreement for whatever cause shall not affect any provision of this Agreement which is expressed to survive or operate in the event of the termination of this Agreement and shall not prejudice or affect the rights of any party against the others in respect of any breach of this Agreement or in respect of any monies payable by any one party to another in respect of any period prior to termination.

14.

Force Measure

GLW shall not be liable for failure to perform its obligations under this Agreement to the extent that such failure is caused by any cause beyond its reasonable control. Without prejudice to the generality of the foregoing, and without limitation, the following shall be regarded as causes beyond GLW's reasonable control

-	Acts of God, explosions, flood, tempest, lightning or fire, act or accident;
-	Acts of terrorism; omission of Government, highways authorities, war or the threat of war, military operations, sabotage, riot, insurrection, civil disturbance or requisition;
-	Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of GLW or third parties);
-	Import or export restrictions or embargos;
-	Failures of third party suppliers;
-	Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
-	Power failure or breakdown of machinery or the Network.

If an event of force measure described in Clause 13.1 continues for a period of 3 notice months or more, the Property Owner shall have the right to terminate this Agreement by in writing to GLW at any time after the expiry of that 3-month period while that force measure event is continuing.

15.

Liability

If an event of force measure described in Clause 13.1 continues for a period of 3 months or more, the Property Owner shall have the right to terminate this Agreement by notice in writing to GLW at any time after the expiry of that 3-month period while that force measure event is continuing.

This Clause sets out the entire liability of each party (including any liability for the acts and omissions of its employees, agents and subcontractors) to the other party in respect of:

-	any breach of its contractual obligations arising under this Agreement; and
-	b. any representation (but not a fraudulent misrepresentation), statement or tortious
	act or omission including negligence or any other legal liability in connection with the
	subject matter of this Agreement.

Except as expressly provided in this Agreement GLW excludes all representations (but not fraudulent misrepresentations), terms and warranties, express or implied, or any duty at common law regarding the Services contemplated by this Agreement, including but not limited to the implied terms of satisfactory quality or fitness for a particular purpose and the implied term of reasonable skill and care.

The Property Owner shall indemnify GLW in the event of any proceedings and/or complaint made by a customer relating to any of the Property Owner’s properties and permit GLW to deduct monies held on their behalf (if the complaint is, in the opinion of GLW, justified and the customer and owner cannot come to a mutual agreement) to cover the cost of any damages or compensation paid by GLW to the complainant together with any legal costs which may be reasonably incurred.

GLW can not be held responsible for any monies paid to the Property Owner before the arrival. GLW encourages customers to pay the remaining 90% of the total accommodation charge at the check-in time.

16.

Assignment and sub-contracting

	GLW shall be entitled to assign and GLW may subcontract any of its obligations under this Agreement to a third party without notice to the Property

	Owner and without the Property Owner’s consent

	The Property Owner may not assign any of its rights or obligations to another person without the prior written consent of GLW.

17.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

18.

Service of notice

	Any notice, invoice or other document which may be given by either party under this Agreement shall be deemed to have been duly given if left at or sent by pre-paid recorded delivery post, email or facsimile transmission (confirmed by letter sent by pre-paid recorded delivery post) to each party's principal or registered office or any other address notified to each other in writing in accordance with this Clause as an address to which notices, invoices and other documents may be sent.

	Any such communication shall be deemed to have been made to the other party 4 days from the date of posting (if by letter) and if by email or facsimile transmission on the day of such transmission.

19.

General

	Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any other occasion.

	If any part, term or provision of this Agreement not being of a fundamental nature be held illegal or unenforceable the validity or enforceability of the remainder of this Agreement shall not be affected.

	This Agreement may only be modified if such modification is in writing and duly authorised by a representative of each party.

	This Agreement represents the entire understanding between the parties in relation to the subject matter hereof and supersedes all agreements made by either party, whether oral or written. The parties agree that, save as expressly set out herein, neither party will have any liability for any untrue statement or representation made by it (whether innocently or negligently) upon which the other party relied in entering into this Agreement, unless such untrue statement or representation was made fraudulently. This Agreement shall prevail over any inconsistent terms and conditions in any other agreement between the parties or referred to in correspondence or elsewhere and any conditions or stipulations to the contrary are hereby excluded and extinguished

	The parties shall, and shall use all reasonable endeavours respectively to procure that any necessary third party shall, do execute and perform all such further deeds, documents, assurances, acts and things as any of the parties hereto may reasonably require by notice in writing to any other party to carry the provision of this Agreement into full force and effect.

20.

Governing Law

	These terms and conditions shall be governed by and construed and interpreted in accordance with the law of Britain.

	Any disputes shall be subject to the exclusive jurisdiction of Scottish courts, to which both parties submit

Goletworld Ltd. Registered company (SC301568), 219 Colinton Road EH141DJ, Edinburgh, Scotland

2005 - 2007 © Copyright Goletworld.

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