Advertiser Terms and Conditions

It is the policy of Stilwell’s Cottages Direct to work with Advertisers who offer the highest standard of service and accommodation for the public who book their properties. Stilwell’s Cottages Direct considers that such standards of service should include everything from the first telephone enquiry right through to the way in which any problem or complaint is handled. Please do not advertise on/in the Stilwell’s Cottages Direct online or paper directory unless you are willing to comply with the spirit, as well as the letter, of these declared aspirations. Please read and consider the following terms, which will govern all Advertisers’ contracts with Stilwell’s Cottages Direct.

Advertiser terms & conditions

THIS AGREEMENT is made BETWEEN Vacation Rentals (UK) Ltd trading as Stilwell’s Cottages Direct ("Stilwell’s Cottages Direct") and the advertiser of the accommodation detailed on the Website ("The Advertiser").

Subject to these terms and conditions (‘Terms’), Stilwell’s Cottages Direct shall permit The Advertiser to post The Advertiser Content on the Website and shall enable the Advertiser to feature The Advertiser Content in the Paper Directory for the relevant term and subject to the payment of the Fees.

By creating a Login, and/or user account and/or submitting a registration, the Advertiser warrants that it is the owner of the Arrangements or has full legal authority from the owner of the Arrangements to enter into these Terms with Stilwell’s Cottages Direct and has the right, authority and capacity to enter into and be bound by these Terms.

Definitions and Interpretation

In this Agreement, the following expressions and words shall have the following meanings unless the context otherwise requires:-

  1. “Arrangements” means the privately owned accommodation to be made available by or on behalf of The Advertiser to Clients pursuant to this Agreement.

  2. “Clients” means the person(s) (or any of them) using the Arrangements pursuant to this Agreement.

  3. The ‘Website’ means the online directory of Arrangements at https://www.cottagesdirect.com/.

  4. The Paper Directory means any directory of Arrangements published from time to time by Stilwell’s Cottages Direct in the format determined by Stilwell’s Cottages Direct.

  5. ‘Advertiser Content’ means the Advertiser’s content created or supplied by the Advertiser for publication on the Website or the Paper Directory pursuant to these Terms

  6. The ‘Login’ means any registration accepted by Stilwell’s Cottages Direct which enables the Advertiser to have access to certain elements of the Website from time to time.

General

Stilwell’s Cottages Direct agrees to act as an advertising intermediary in respect of Arrangements by featuring The Advertiser Content on the Website and/or on the Paper Directory as applicable. Save as expressly provided otherwise, Stilwell’s Cottages Direct accepts no liability in relation to any contract that any Client and The Advertiser enter into, or for any Arrangements or for the acts or omissions of the Advertiser or any Client or other person(s) or party(ies) connected with any booking. For all bookings The Advertiser’s contract will be with the Client booking the Arrangements concerned and will be subject to the Advertiser’s or the owner’s booking conditions. Reference to ‘Bookings’ in these conditions means bookings made on this basis.

The Advertiser Content

It is at all times the Advertiser’s responsibility to ensure that the Advertiser Content is accurate. Stilwell’s Cottages Direct shall incur no liability for any errors in the Advertiser Content.

The Advertiser warrants and represents that The Advertiser is licensed to use the entire contents and subject matter contained in the Advertiser Content, including, without limitation, (i) the names and/or pictures of persons; (ii) any copyright in the material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services, or any other intellectual property rights.

The Advertiser warrants and represents to Stilwell’s Cottages Direct that:

  1. It has the right to publish all of the contents of the Advertiser Content and can grant to Stilwell’s Cottages Direct such right, and that such publication will not: (a) breach the confidence or rights of privacy of, or, without limitation, infringe the copyright, database rights, trademark rights, patent rights, moral rights or any other intellectual property rights of, any third party; or (b) violate any applicable law or regulation;

  2. The Advertiser Content is legal, proper, decent, honest, accurate and socially responsible;

  3. It has complied with the codes of practice issued by the Committee of Advertising Practice in the UK, including, without limitation, the British Code of Advertising, Sales Promotion and Direct Marketing, and all other relevant codes under the general supervision of the Advertising Standards Authority or any other relevant authority;

  1. The Advertiser Content shall use reasonable endeavours to show the availability and pricing of Arrangements for the following 12 month period.

  2. The Advertiser Content, and any web site linked to by The Advertiser Links (“Linked Content”):

    1. will not contain anything that is indecent, obscene or unlawful;

    2. will comply will all applicable law;

    3. will not contain any defamatory, false, misleading or untrue material or material which abuses, harasses, threatens or is otherwise offensive to any other person;

    4. will not restrict or inhibit any other user from using the website.

    5. will not contain any virus or other material likely to harm the website;

    6. will not contain any other material which is likely to harm the reputation of Stilwell’s Cottages Direct.

    7. will not advertise or publicise any third party without the consent (at its discretion) of Stilwell’s Cottages Direct.

The Advertiser hereby expressly grants to Stilwell’s Cottages Direct:

  1. a non-exclusive, world-wide right to use, reproduce, publicly display, the Advertiser Content and warrants that The Advertiser has the right to grant such licence;

  2. the express right to reproduce throughout the world screen shots of the Advertiser Content on the Website and/or on the Paper Directory as applicable.

  3. The right (at Stilwell’s Cottages Direct’s discretion) to allow third parties to use and display the Advertiser Content for sales and marketing purposes, which may (without limitation) include the provision of the Advertiser Content to third party websites

The Advertiser will not acquire any title, copyright or other proprietary rights in the Website or the Paper Directory or its content. The entire copyright and any other intellectual property rights in The Advertiser Content throughout the world shall be and shall remain the exclusive property of the Advertiser save in respect of any Advertising Content created by Stilwell’s Cottages Direct, the copyright in respect of which will be and remain the property of Stilwell’s Cottages Direct.

Stilwell’s Cottages Direct reserves the right to determine the Website and/or in the Paper Directory design layout and cannot be held responsible for any loss or damage or otherwise resulting from the design or the positioning of the Advertiser Content. Stilwell’s Cottages Direct does not guarantee any specific position on the Website or in the Paper Directory for any Advertiser Content.

The Advertiser accepts that any Advertiser Content featured on the Website or in the Paper Directory is subject to editorial review by Stilwell’s Cottages Direct. Stilwell’s Cottages Direct also reserves the right, without liability, to edit, copy, amend, reject, replace, omit, terminate or exclude any Advertiser Content if it reasonably believes the Advertiser Content would or would be likely to put the Advertiser in breach of these Terms or would otherwise be detrimental to the interests or goodwill of Stilwell’s Cottages Direct at any time, or if Stilwell’s Cottages Direct receives any complaint which it (in its reasonable discretion considers to be valid) about the Advertiser or the Advertiser Content with or without notice to the Advertiser, whether or not such Advertiser Content was previously acknowledged, accepted, or published. Without limitation, Stilwell’s Cottages Direct will not accept Advertiser Content featuring any persons unless the Advertiser can provide Stilwell’s Cottages Direct with evidence (on request) that such persons have consented to being so featured. Stilwell’s Cottages Direct will not accept Advertiser Content featuring children or young persons without written consent from their parent or lawful guardian.

Notwithstanding this, Stilwell’s Cottages Direct will use reasonable endeavours to fulfil the Advertiser’s requests. Any such action shall be without prejudice to Stilwell’s Cottages Direct’s other rights and remedies. Without prejudice to theses Terms generally, Stilwell’s Cottages Direct may at its absolute discretion offer the Advertiser the opportunity to correct any matter which has led Stilwell’s Cottages Direct to take action under this clause.

The Advertiser acknowledges and accepts that the Advertiser Content featured on the Website may be reviewed either favourably or unfavourably by third party consumers and that third party review activity does not constitute the view or opinion of Stilwell’s Cottages Direct. The Advertiser accepts that Stilwell’s Cottages Direct offers no editorial services for reviews and is not in a position to investigate every review but takes reasonable steps to prevent libellous or offensive materials from being posted online, although Stilwell’s Cottages Direct reserves the right either to maintain or to remove reviews for any reason within its sole discretion.

The Advertising Content must relate to a single postal address and the Advertiser shall not be entitled to change the single postal address without prior written agreement of Stilwell’s Cottages Direct and without payment of further Fees.

Fees

The Advertiser shall pay the annual and any other fees detailed on the Website or in the registration pack as applicable or as maybe required by Stilwell’s Cottages Direct (‘Fees’).

Fees exclude Value Added Tax.

Account Access

Access to your account (for Advertisers on the Website) will be gained by using the username and the password selected by you during the registration procedure. You are responsible for ensuring the confidentiality and proper use of your username, password and account and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password.

You must tell us immediately if you believe that an unauthorised person knows your username or password or has access to your account.

We reserve the right to refuse service or terminate accounts if we suspect an unauthorised person is attempting to access it.

You agree that we shall not be liable for any losses you suffer as a result of unauthorised access to your account.

Advertiser’s obligations in respect of the Arrangements

The Advertiser hereby confirms and agrees that:-

(i) the Arrangements will be provided with all due skill, care and diligence and that all persons provided or used by The Advertiser (whether or not employed by him) in connection with provision of the Arrangements will be appropriately qualified, experienced and capable of competently performing the work or jobs for which they are provided.

(ii) the Arrangements will at all times remain of a good and clean standard, in full working order and safe for occupation and use.

(iii) the Arrangements comply and will at all times comply in full with all applicable national, local, trade and other laws, regulations and codes of practice (including EU legislation where applicable) relating to hygiene, gas, fire, safety and other standards for those using the Arrangements and that he has and will at all times maintain in force the appropriate current certificates confirming such compliance.

(ix) the Arrangements do and will at all times fully comply with The Advertiser Content and/or represented by The Advertiser or on his behalf from time to time. The Advertiser agrees that all such description(s) and other wording are and shall at all times remain correct.

(iv) The Arrangements will at all times be sold to Clients at the price displayed as part of the Advertiser Content at time the Client placed a booking for those Arrangements.

(v) It will use its reasonable endeavours to encourage Clients and other users of the Website to follow the hypertext links on the Website that link to other travel service providers’ websites.

(vi) It will not wrongfully deny Clients access to the Arrangements.

(vii) It will not commit any act reasonably likely to damage the reputation and/or business of Stilwell’s Cottages Direct.

Client Complaints

The Advertiser shall deal sympathetically, efficiently and politely with all requests and complaints made by any Clients. The Advertiser shall further render such prompt assistance as any Clients may reasonably require without cost to Stilwell’s Cottages Direct.

Insurance

The Advertiser shall at all times maintain (at his own cost) a comprehensive insurance policy or policies to cover:-

(i) all risks relating to and/or arising out of the performance of this Agreement and/or the Arrangements normally covered by insurance including (by way of example and not by way of limitation) destruction or damage of any property by any cause and all third party risks including cover for death, personal injury and illness (including all legal costs of both the Clients concerned and Stilwell’s Cottages Direct) of the Clients and Stilwell’s Cottages Direct’s employees, agents and representatives arising, directly or indirectly, from any act(s) and/or default(s) of The Advertiser and/or any person(s) provided or used (directly or indirectly) by The Advertiser (including employees, agents, suppliers and sub-contractors of The Advertiser) and/or any use of any property and/or the Arrangements in a sum which would be appropriate if any and all proceedings in relation to any such claim were brought within the United Kingdom and

(ii) the full amount of all sums which may become payable under the indemnity clause below.

The Advertiser shall provide a copy of the policy(ies) referred to above together with the up to date schedule(s) and receipt(s) for the current premium to Stilwell’s Cottages Direct or its representative on demand. The Advertiser shall keep Stilwell’s Cottages Direct informed of all changes and developments which do or may affect the said policy(ies). If reasonably required by Stilwell’s Cottages Direct, The Advertiser shall increase the amount of any insurance cover and/or extend the risks covered. Stilwell’s Cottages Direct shall not, however, be obliged to check the nature and extent of The Advertiser’s insurance cover.

Indemnity

Without prejudice to any other provision in this agreement, the Advertiser agrees to indemnify Stilwell’s Cottages Direct for the full amount of all damages, expenses, losses, compensation, demands, actions, liabilities, fines costs (including legal costs) and/or any other sum of whatever nature which, for any reason whatsoever, Stilwell’s Cottages Direct incurs or pays to any Customer, employees, agents and/or representatives and/or any third party (including own legal costs) or authority (whether pursuant to any Court Order or by way of any settlement which Stilwell’s Cottages Direct, acting reasonably in all the circumstances including the costs, risks and time involved in fighting any claim, agrees to pay or otherwise), as a result directly or indirectly in whole or part of:-

  1. any breach of any nature whatsoever of the Advertiser’s obligations expressed or implied under this Agreement or any other agreement between the parties (including without limitation and where applicable the Easybook terms and conditions);

  2. any failure to reach the standard agreed with Stilwell’s Cottages Direct to include, by way of example and not by way of limitation, any failures or deficiency in the standard of quality of the Arrangements, absence or alteration of any Arrangements or lack of cleanliness, hygiene or safety for any reason for any period;

  3. any failure by the Advertiser to comply with any applicable law or regulation;

  4. any action the Advertiser commits which damages the reputation of Stilwell’s Cottages Direct; or

  5. any act(s) and/or default(s) of The Advertiser and/or any person(s) provided or used (directly or indirectly) by The Advertiser (including employees, agents, suppliers and sub-contractors of The Advertiser).

This indemnity shall survive and remain in full force and effect after the termination (for whatever reason) or expiry of this Agreement.

Term, Termination and consequences of Termination

This agreement will commence on the Advertiser making payment and will continue, in the case of Advertiser Content featured on the Website until terminated earlier in accordance with this clause or the other terms of this agreement, or in the case of Advertiser Content featured in the Paper Directory, will continue for a period of one year (or the publication of the following year’s Paper directory) unless terminated earlier in accordance with this clause or the other terms of this agreement.

Stilwell’s Cottages Direct reserves the right to terminate this agreement immediately without notice and without the Advertiser being eligible to claim compensation in the event that:-

  1. the Advertiser fails to comply with any term of this Agreement including but not limited to a failure to pay the Fees in full and on time.

  2. the Advertiser commits any act reasonably likely to damage the reputation and/ or business of Stilwell’s Cottages Direct

In the event of termination of this agreement for any reason, the Advertiser Content will be immediately removed from the Website and shall not be featured again on the Website until the Advertiser is able to provide proof that the Arrangements comply with these Terms.

In the event of the termination of these Terms, the Advertiser shall honour all bookings made prior to the effective date of termination until the conclusion of the Arrangements relating to those bookings.

Provisions of these Terms with continuing effect shall survive termination of these Terms for any reason.

The Website

The Advertiser agrees to keep its Login confidential and only to allow other individuals who are validly authorised to do so to use the Login to access any part of the Website.

The Advertiser is responsible for all activities under the Login.

Stilwell’s Cottages Direct shall be responsible for the hosting, operation and maintenance of the Website and, although it shall use its reasonable endeavours to keep the Advertiser Content available on the Internet, it gives no guarantee as to continuing service availability.

The Advertiser accepts that Stilwell’s Cottages Direct cannot ensure that the Advertiser Content in all respects is visible in all browsers and versions of these browsers. Stilwell’s Cottages Direct shall use its reasonable endeavours to ensure that the Advertiser Content is visible in the most commonly used version of Internet Explorer.

Stilwell’s Cottages Direct may provide a mapping / location service called Place Search on the website. The functionality, presentation and distances detailed of Place Search are entirely at the discretion of Stilwell’s Cottages Direct and Stilwell’s Cottages Direct cannot guarantee that any specific property will be included in any particular search.

The Advertiser accepts that Stilwell’s Cottages Direct may refuse hypertext links or web addresses to third party websites from the Advertiser Content, and to remove such links or web addresses without notice.

Stilwell’s Cottages Direct’s Liability

  1. Except as expressly provided in this Contract (or, if applicable the Easybook terms and conditions), Stilwell’s Cottages Direct gives no warranty in relation to the provision of services under this Contract and all warranties, express or implied, are excluded.

  2. Stilwell’s Cottages Direct does not limit or exclude liability for death or personal injury caused by its own negligence.

  3. Stilwell’s Cottages Direct’s entire liability to The Advertiser arising out of or in connection with these Terms, including without limitation breach of contract, misrepresentation (except where fraudulently made) and tort (including negligence), is limited to the amount of £700.

  4. Notwithstanding the generality of this clause, Stilwell’s Cottages Direct expressly excludes liability for any indirect, special, consequential or economic loss or damage which may arise out of or in relation to these Terms, whether arising from any failure to publish the Advertiser Content in a timely manner or at all, or otherwise, and for any loss of profits, revenue, anticipated savings, business, contracts, production or goodwill even if Stilwell’s Cottages Direct has been advised as to the possibility of such damages.

  5. Save as specified in this clause, Stilwell’s Cottages Direct shall not be responsible for any error in the placement of, or failure to place, any Advertiser Content on the Website and/or in the Paper Directory. If Stilwell’s Cottages Direct fails to publish any Advertiser Content or in the event of any other failure, technical or otherwise, of such Advertiser Content to appear, Stilwell’s Cottages Direct’s liability will be limited to refunding to The Advertiser that proportion of the Fees paid which relate to the Advertiser Content which was not published.

  6. Stilwell’s Cottages Direct will use reasonable skill and care in performing its duties hereunder but subject thereto:- (i) Stilwell’s Cottages Direct hereby excludes any warranty, express or implied, as to the performance, quality, accuracy or fitness for a particular purpose of Stilwell’s Cottages Direct or of any of the contents of the Website or the Paper Directory ; (ii) Stilwell’s Cottages Direct will not be liable for any losses or damages arising (whether in tort (including negligence), contract or otherwise) directly or indirectly as a result of use of the Website or the Paper Directory or in connection with Advertiser Content including without limitation from any technical malfunction, computer error, defect in software, loss of data or other damage or disruption to advertisements; (iii) Stilwell’s Cottages Direct makes no warranty that the contents of the Website are free from infection by viruses, worms or trojans or anything else that has contaminating or destructive properties; and (iv) certain links on the Website may lead to resources located on servers maintained by third parties over whom Stilwell’s Cottages Direct has no control and Stilwell’s Cottages Direct accepts no liability arising from access to or use of any material contained on those servers.

  7. Any complaints concerning Advertiser Content or Stilwell’s Cottages Direct obligations under these Terms must be reported to Stilwell’s Cottages Direct as soon as possible and in any event within 2 weeks of the publication of the Advertising Content on the Website or in the Paper Directory

  8. Stilwell’s Cottages Direct will make every effort to safeguard all materials supplied (for example photographs, drawings, designs, advertisement proofs, etc). However, Stilwell’s Cottages Direct cannot accept liability if any such material is mislaid, lost, destroyed or damaged in any way or form from any cause.

  9. Stilwell’s Cottages Direct is not a letting agent and is therefore in no way responsible for the level of bookings received. Stilwell’s Cottages Direct further cannot accept any liability for any claim, damage, expense, loss or other sum whereby the Advertiser has received unsatisfactory level of bookings.

  10. Stilwell’s Cottages Direct does not warrant that the Website will be constantly available or uninterrupted.

Force Majeure

If either party cannot perform its respective obligations under these Terms due to circumstances beyond its control (including but not restricted to war, threat of war, civil strife, strikes and/or industrial action, natural or nuclear disaster, fire, flood, snow, extreme weather, epidemics, terrorist activity, government actions, acts of god and all other similar events), the affected party shall not be liable to the other party for any failure to perform its obligations as long as it uses reasonable efforts to limit the effect of such circumstances and resumes its obligations under these Terms as soon as reasonably possible.

Data Protection

The Advertiser warrants that it shall at all times comply with all applicable laws and regulations relating to data privacy including, without limitation, the General Data Protection Regulation ((EU) 2016/679) “GDPR”.

Stilwell’s Cottages Direct and the Advertiser are both Data Controllers (as defined in the GDPR) in relation to the personal data of customers.

Without limitation the Advertiser will provide customers with all of the information that they must legally provide to them in connection with the processing of their personal data at the times required by law.

The Advertiser will provide Stilwell’s Cottages Direct with such reasonable assistance as is necessary to enable Stilwell’s Cottages Direct to comply with lawful requests (including access requests) from customers in relation to their personal data and to help Stilwell’s Cottages Direct to respond to requests from regulators.

The Advertiser will at all times have processes in place to protect customers’ personal data against loss, destruction, damage or unauthorised access or use.

Please see Stilwell’s Cottages Direct’s Privacy Notice which explains how Stilwell’s Cottages Direct processes personal data.

Severability

If any provision of this Agreement is held to be invalid or void for any purpose, it shall for that purpose be deemed to be omitted from this Agreement. Such omission shall not affect or prejudice the validity, effectiveness or enforceability of the rest of the provisions of this Agreement.

Waiver

The rights of Stilwell’s Cottages Direct under this Agreement shall not be prejudiced or restricted by any indulgence or forbearance extended to The Advertiser. No waiver of any breach operates as a waiver of any subsequent breach.

Law and Jurisdiction

This Agreement and all matters arising out of it shall be construed and governed according to English law. The parties agree that any dispute(s) they may have will be exclusively dealt with by the Courts of England and Wales except in relation to any proceedings brought against Stilwell’s Cottages Direct in any other jurisdiction which involve or concern, in whole or part, the Arrangements. Stilwell’s Cottages Direct shall be entitled to make The Advertiser a party to any such proceedings.

Headings

The headings in this Agreement are for reference purposes only and do not form part of the Agreement. They shall not affect the interpretation of this Agreement and are not to be deemed to be an indication of the meaning of the clause to which they relate.

Variation

The terms of this Agreement may be varied at any time and all subsequent use of the Website will be governed by the newer version.

Inconsistency

In the event of any conflict or inconsistency between the provisions of these terms and conditions and those set out in any agreement supplemental to this one, the relevant provision(s) of the supplemental agreement shall prevail.

No Partnership

Nothing in the Contract shall create, or be deemed to create, a partnership or joint venture between the Advertiser and Stilwell’s Cottages Direct or the relationship of principal and agent between The Advertiser and Stilwell’s Cottages Direct.

Third Party Rights

No person has any rights under this Contract save as may be set out in it and the parties agree that the Contracts (Right of Third Parties) Act 1999 is excluded.