General

The following is a short summary of the Owner’s Terms & Conditions, in plain English, for your convenience:

1. We’ll market your rental accommodation on LetGuru.com.
2. You may set your prices in Pounds Sterling, Euros or US Dollars.
3. We’ll charge you 10% commission (plus VAT where applicable) for any bookings.
4. When you accept a booking you are contracted to us and the customer.
5. If you cancel a contracted booking we’ll charge you a £50 cancellation fee plus our commission on the full booking value.
6. You may request payment from us for any booking 1 day after the last day of your customer’s stay. For your very first booking however, a further condition is that 4 weeks must have elapsed since the customer’s payment was made.
7. In addition to our charges to you we also levy a booking fee on your customer and optionally (according to their chosen payment method) a credit/debit card processing fee. We closely monitor these fees to keep them as low as possible to maximize bookings.

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Owner’s Terms and Conditions

Last updated 6th November 2010.

This Agreement

1. This Agreement is between title, firstname, surname (“You”), and LetGuru Limited trading as LetGuru.com whose registered office is 1 Bankside, Churt Road, Hindhead, Surrey, GU26 6NR referred to in this Agreement as “Us” or “We”. “You” means the person who has signed up as a user of the System who either owns or co-owns the Accommodation or who is the authorised agent of the owner(s) of the Accommodation and in either case, has the permission of all owners of the Accommodation to market and let the Accommodation for holiday purposes in accordance with this Agreement.

1.1. This agreement commences on the date on which You click the “I Accept” button below. We confirm and agree that following acceptance of these Owner’s Terms and Conditions You will be given access to and use of the System as specified by Us in return for payment by You of the commission set out in the Schedule.

Definitions and Interpretation

2. The following words and expressions shall have the following meanings unless the context otherwise requires:

2.1. “Accommodation” means any and all hotels, apartment blocks, apartments, houses or other accommodation building or similar occupied (or co-occupied with You) by any Customers including the accommodation premises, any swimming pool(s), ancillary building(s), annex(es), all contents, fixtures and fittings, grounds, facilities and services (both inside and outside) available or accessible to any Customers as offered for holiday letting by You.

2.2. “Agreement” means these Owner’s Terms and Conditions (including the Schedule) as modified and/or added to by Us from time to time.

2.3. “Commission” means the commission payable by You in accordance with this Agreement (including the Schedule) on all bookings of your Accommodation made via the System.

2.4. “Customer(s)” means any and all person(s) who book the Accommodation through the System.

2.5. “System” means the online software provided on the Website. The System provides You with the ability to create listings for single properties, a series of properties or a packaged portfolio of properties. For any and all listings, the system provides You with the ability to set up a rental contract, a booking engine and a pricing system. Additionally the booking engine has an interface for your Customers to book and pay for their bookings online by credit and/or debit card. By booking and paying through the System your Customers expressly agree to the rental contract that You have set up through the System.

2.6. “Website” means any website(s) owned and controlled by Us through which You can offer the Accommodation for holiday lets.

2.7. “Client Account” means the designated bank account maintained by Us with a UK banking organisation for the purpose of depositing funds collected by Us from Customers who pay for Accommodation bookings by credit or debit card.

2.8. “Customer Funds” means the monies collected by Us from Customers who pay by credit or debit card through the System.

2.9. Any reference to a specific statute includes any statutory extension, modification, amendment or re-enactment of such statute and any regulations or orders made thereunder and any general reference to “statute” or “statutes” includes all Acts of Parliament and any regulations, statutory instruments and/or orders made thereunder. Any reference to a clause, sub-clause or schedule means a clause or sub-clause of or schedule to this Agreement unless otherwise expressly stated. References to any gender include all other genders and to the singular includes the plural and vice versa.

Use of the System

3. Subject to your compliance at all times with the terms of this Agreement, We agree to:

3.1. Provide access to the System. Nothing in this Agreement shall, however, impose any obligation on Us to provide access to, maintain or manage on your behalf any facility which at time forms part of the System or become liable in any way whatsoever for any bookings made or not made through the System. We will use our reasonable endeavours to provide access to and availability of the System at all reasonable times subject to maintenance and other factors, whether planned or unplanned, which require or result in the suspension or interruption of or any deficiency(ies) in the System or its operation in whole or part or your access to the same. No representation or guarantee is given that the operation of the System will be uninterrupted, continuous or error free. We have no liability to You in respect of any such occurrences or for any loss or damage of any nature whatsoever (including for the avoidance of doubt and not by way of limitation any loss of bookings) which You may suffer or incur as a result.

3.2. Provide You with the ability to set your Accommodation prices and billing currency in Pounds Sterling, US Dollars or Euros.

3.3. Market your Accommodation on our Website. Allowing Us to market your Accommodation on our Website is an obligation on your part and a condition of our allowing You to use the System. It is not an option to use the System without allowing Us to market your Accommodation on our Website on your behalf. Any bookings of your Accommodation made through the System are subject to the payment of Commission.

3.4. Accept credit or debit card payments via the System from Customers for Accommodation bookings and remit the same to You as more fully set out in this Agreement.

3.5. Deposit Customers Funds in the Client Account as soon as reasonably possible after receipt and hold the same in the Client Account in accordance with the terms of this Agreement.

Payment of Customers Funds to You

4. For your first payment collection, Customer Funds will only be available for payment to You the day after the stay of your first customer has ended and 28 days after the first card payment for the booking was made irrespective of whether the booking has been completed or not. For subsequent payment collections the rule outlined in 4.1 shall apply.

4.1. Customer Funds for a booking will be available for payment to You by Us the day after the stay has ended.

4.2. Customer Funds will be sent to You only when You make a valid payment request through the System and You have entered the correct banking details information.

4.3. In the case of accepted payment requests to an account held with a UK bank, We will transfer the Customer Funds requested to You by BACS transfer. In the case of accepted payment requests to an account held with a non-UK bank, We will transfer the Customer Funds requested by EFT priority payment.

4.4. Payments to You will only be made in the currency the booking payment was made in by the Customer.

4.5. Payments to a non-UK bank account are subject to charges as set out in the Schedule.

Your Obligations to Us

Our Commission

5. You agree and acknowledge that:

5.1. You will pay Us Commission on every booking of your Accommodation made via the System in accordance with the terms of this Agreement at the rate set out in the Schedule or such other rate as is agreed in writing between the parties.

5.2. We will become entitled to Commission on the full value of a booking when a booking is made i.e. when the Customer pays or authorises payment of the amount due at the time of booking and has agreed the rental contract.

5.3. We will be entitled to deduct the Commission due to Us from any Customer Funds. In practice, this means that when We transfer Customer Funds to You from the Client Account We will deduct any Commission owing to Us from the amount transferred.

Accommodation and the Rental Contract

6. You agree, confirm and acknowledge that:

6.1. The Accommodation and all services You contract with any Customer to provide will be provided with reasonable skill and care and that all persons provided or used by You (whether or not employed by You) in connection with the provision of the Accommodation will be appropriately qualified, experienced and capable of competently performing the work or jobs for which they are provided.

6.2. The Accommodation will at all times remain of a good and clean standard, in full working order and safe for occupation and use by Customers.

6.3. The Accommodation and all services You contract with any Customer to provide 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, fire, safety and other standards for those staying at or using the Accommodation or contracted services and that You have and will at all times maintain in force the appropriate current certificates confirming such compliance.

6.4. You hold and will at all times maintain all necessary licenses, consents and permissions required by applicable national and/or local law in relation to the Accommodation and/or the contracted services.

6.5. The rental contract available for your use on the System has been drafted on the basis of English law but is expressly governed by the law of the country where your Accommodation is located and is subject to the exclusive jurisdiction of the courts of that country. Accordingly, the law which applies to You, your Accommodation and the contract You enter into with Customers may impose different obligations and liabilities on You and You may be able to take advantage or have the benefit of different or additional defences, exclusions and/or limitations of liability to those set out in the rental contract on the System. Accordingly, the rental contract on the System may not correctly or fully state your legal obligations and/or position and may not include all/some/any of the defences, exclusions or limitations available to You. Alternatively, the rental contract on the System may include defences, exclusions or limitations which You are not legally entitled to rely on. Use of the rental contract on the System is entirely at your own risk. It is your sole responsibility to establish your legal position and take whatever steps are appropriate or necessary to protect it (including entering into a supplementary rental agreement with Customers where appropriate). We have no liability whatsoever for any claims, loss, damage, costs, expenses, liabilities or other sums of whatever nature or description which You suffer or incur, directly or indirectly, as a result of your use of the rental contract on the System, whether alone or in conjunction with any supplementary agreement(s).

6.6. You confirm that You own the Accommodation and have full and unrestricted power to enter into this Agreement. Where the Accommodation is owned by more than one person, all co-owners should enter into this Agreement. Where not all co-owners do so, the owner(s) who enter into this Agreement do so on behalf of all co-owners and confirm he/they have the full and unrestricted written authority of all other co-owners to do so.

6.7. Where You are not the owner or co-owner of the Accommodation but are acting as the agent of the owner(s), You confirm that You have the full and unrestricted written permission of all owners of the Accommodation to market and let the Accommodation for holiday purposes in accordance with this Agreement and that the owners have full knowledge of the terms of this Agreement. The owners of the Accommodation will be treated as a party to this Agreement in addition to You and We are entitled to enforce all obligations contained in this Agreement against You and/or the owners (or any of them where there is more than one owner). As appropriate, references in this Agreement to “You” include the owner(s) of the Accommodation.

6.8. Where You are an owner but not the sole owner or all owners of the Accommodation, You confirm that You have the full and unrestricted written permission of all owners of the Accommodation to market and let the Accommodation for holiday purposes in accordance with this Agreement and that all the owners have full knowledge of the terms of this Agreement. All owners of the Accommodation will be treated as a party to this Agreement in addition to You and We are entitled to enforce all obligations contained in this Agreement against You and/or any other owner(s) of the Accommodation. As appropriate, references in this Agreement to “You” include all owners of the Accommodation.

System Usage, Setup and Handling Customers

7. You agree and confirm that:

7.1. You are responsible for the initial uploading of the descriptive details, prices and all other information relating to the Accommodation onto the System and at all times thereafter regularly and promptly maintaining, checking, updating and amending (if applicable) the same so that all information (including photographs) at all times remains accurate, complete and not misleading in any respect.

7.2. All prices entered onto the System by You relating to the Accommodation will at all times be up to date, accurate and not misleading in any way whatsoever.

7.3. You will upload the correct pricing to all bookings for the Accommodation onto the System. You will be responsible for checking that the System settings You have chosen work as You intend. You will check that any booking request presented to You is correctly priced before accepting it. We accept no liability whatsoever for any claims, losses or damages (direct or indirect) of any description whatsoever suffered by any Customers or You arising out of inaccurate or incomplete pricing for any booking where You have accepted the booking request.

7.4. You will choose from one of three cancellation policies (“Flexible”, “Moderate” or “Strict”) and You agree to be bound by its terms and conditions, for all bookings of the Accommodation made through the System, as set out in clauses 8.5, 8.6 or 8.7 as applicable.

7.5. You are solely responsible for the accuracy, legality, currency and compliance of all information (including written and pictorial descriptions) uploaded by You onto the System and/or otherwise provided to any Customer(s) and will be solely liable for any false, misleading, inaccurate, incomplete, infringing or other actionable information or material contained or referred to therein.

7.6. You confirm that You have prepared all descriptions and other material uploaded on the System and that all photographs used were taken by You or a member of your family or are otherwise owned by You. You confirm that You will not upload any material of any description (including photographs) which infringes or may infringe the copyright or other intellectual property rights of any third party.

7.7. If You are not using the System exclusively for processing all your bookings, You will regularly and promptly update the dates on which the Accommodation is shown as available for let using the System. We accept no liability whatsoever for any claims, losses or damages (direct or indirect) of any description whatsoever suffered by any Customers or You arising out of inaccurate or incomplete availability dates except where this is due to a technical failure of the System.

7.8. You will respond promptly and efficiently to any queries from Customers regarding the Accommodation and/or any booking whether received before or after bookings have been confirmed.

7.9. You will promptly notify Customers promptly of any alterations or amendments to Accommodation details both before and after bookings have been confirmed.

7.10. You will promptly notify the Customers affected if You have to cancel a booking.

7.11. You will promptly and sympathetically deal with any complaints received from Customers whether passed onto You by Us or received directly from Customers and respond to the same directly to the Customer(s) concerned within a reasonable time limit.

7.12. You will not use or attempt to use the System in any way or for any purpose other than its intended use and for its intended purpose which is to process bookings for your Accommodation.

7.13. You are not permitted to process credit or debit card payments on behalf of Customers or any other third party. Any breach or attempted breach of this prohibition will result in immediate termination of this Agreement.

Amendments and Cancellations

8.1. You agree to choose one of the named cancellation policies (either “Flexible”, “Moderate” or “Strict”) that We offer to You when You create your Accommodation listing using the System.

8.2. You agree that You will offer, agree to, and be bound by, the terms and conditions of your chosen cancellation policy as part of any rental contract proposed or agreed with a Customer through use of the System.

8.3. You agree that the terms and conditions of your chosen cancellation policy form part of these Owner’s Terms and Conditions, and that We shall effect its terms and conditions on behalf of You and your Customer.

8.4. You agree that We may process any refund owing, or make any charges to You or your Customer, in accordance with your chosen cancellation policy, as and when We deem appropriate.

8.5. By choosing the “Flexible” cancellation policy, You accept its terms and conditions, as follows:

1. Your Customer is entitled to a full refund if they cancel a full 24 hours prior to 12:00 AM local time on the day of check in. For example, if the Customer’s check-in is on Friday, their cancellation must be made by the previous Wednesday at midnight.
2. Your Customer is entitled to a full refund for the remaining nights of their stay that fall 24 hours after their cancellation is made (in the event that your Customer chooses to cancel after they arrive).
3. Your Customer is not entitled to a refund for the first night of their stay, if they choose to cancel less than 24 hours before check-in.
4. You or your Customer must notify Us of any complaints within 24 hours of your Customer’s check-in.
5. We will mediate when necessary, and You agree that We have the final say in all disputes.
6. A booking is not officially cancelled until the Customer receives a cancellation confirmation e-mail from Us.

8.6. By choosing the “Moderate” cancellation policy, You accept its terms and conditions, as follows:

1. Your Customer is entitled to a full refund if they cancel five full days prior to 12:00 AM local time on the day of check in. For example, if the Customer’s check-in is on Friday, their cancellation must be made by the previous Saturday at midnight.
2. Your Customer is entitled to a 50% refund for the remaining nights of their stay that fall 24 hours after their cancellation is made (in the even that your Customer chooses to cancel after they arrive).
3. Your Customer is not entitled to a refund for the first night of their stay, and is entitled to a 50% refund for the remaining nights of their stay, if they choose to cancel less than 5 days before check-in.
4. You or your Customer must notify Us of any complaints within 24 hours of your Customer’s check-in.
5. We will mediate when necessary, and You agree that We have the final say in all disputes.
6. A booking is not officially cancelled until the Customer receives a cancellation confirmation e-mail from Us.

8.7. By choosing the “Strict” cancellation policy, You accept its terms and conditions, as follows:

1. Your Customer is entitled to a full refund if they cancel seven full days prior to 12:00 AM local time on the day of check in, otherwise no refund. For example, if check-in is on Friday, cancel by the previous Thursday at midnight.
2. Your Customer is not entitled to any refund if they should choose to cancel after they arrive.
3. You or your Customer must notify Us of any complaints within 24 hours of your Customer’s check-in.
4. We will mediate when necessary, and You agree that We have the final say in all disputes.
5. A booking is not officially cancelled until the Customer receives a cancellation confirmation e-mail from Us.

8.8. You agree and acknowledge that:

8.8.1. It is not possible to use, and is outside the scope of, the System to amend any agreed booking. In such circumstances You or the Customer may cancel the booking (in accordance with your chosen cancellation policy) and agree a fresh booking using the System, or alternatively make a separate arrangement directly with the Customer.

8.8.2. Where We are notified of a cancellation by a Customer, We will calculate the applicable refund of monies due to them in accordance with your chosen cancellation policy, less the booking fees incurred by the Customer when making the booking. All refunds will be made to the credit or debit card used by the Customer to make their booking.

8.8.3. In the event that You cancel or make material changes to a booking which the Customer is not prepared to accept, We are entitled (but not obliged) to assist the Customer in finding alternative accommodation. You also acknowledge that You are responsible for all losses, claims, expenses, costs and other sums incurred, suffered or made by a Customer arising out of your cancellation or change of the booking and that We will have no responsibility or liability whatsoever to the Customer for such cancellation or change. For the avoidance of doubt, in the event of a cancellation or change of a booking by You, the indemnity set out in clauses 12.1 and 12.2 will apply in relation to any sums We incur as a result including those which We pay on a goodwill or without prejudice basis without any legal obligation to do so.

The Consequence of Cancellations

9.1. If a Customer cancels a booking, We will note our booking fee as a sum owed to Us on your account, and We will be entitled to payment of the same.

9.2. If You cancel a booking You will remain liable in full for the Commission due on the full value of the booking together with the cancellation charge set out in the Schedule. The Commission amount and cancellation charge will be noted as sums owing to Us on your account and We will be entitled to deduct these and any other charges or sums due to Us from the next payment due to You from Us, or if there are no further payments to be made within a period of 1 month from the date the sums were noted on your account as described in this clause, We will invoice You for this amount. Payment in respect of any such invoice must be received within 7 days.

Refunds and Chargebacks

10.1. Subject to clause 10.2, if We are obliged to refund any Customer(s) because of a credit card charge back, in accordance with the “100% money back guarantee” We provide to Customers or for any other reason and the relevant Customer Funds have already been remitted to You, You must promptly refund to Us all monies We have or are obliged to refund to the Customer, or if Customer Funds remain in the Client Account, You must promptly notify Us of any refunds to be made or which have been made direct to Customers. On receipt of such monies/notification, We will refund to the Customer(s) concerned all monies due in full. In all other cases, You will promptly refund all monies due to Customers for whatever reason direct to the Customers. For the avoidance of doubt, We are entitled to refund the Customer ourselves or from any Customer Funds in the Client Account in this situation irrespective of any notification or lack of notification or consent from You. Where We do so, it is your sole responsibility to seek payment of all sums from the Customer which You allege should not have been refunded. Where We refund the Customer ourselves, clauses 12.1 and 12.2 will apply.

10.2. In the event of Us having to refund monies to a Customer due to a credit card chargeback whilst a dispute is ongoing, You agree and acknowledge that We are obliged and entitled to refund such monies as are charged back using the Customer Funds for the booking in question and shall have no further liability to You whatsoever.

10.3. You agree that if You wish to recoup any monies You feel You are entitled to from a Customer to whom We have refunded any monies, You will be solely responsible for pursuing the Customer direct for these, and not Us.

Liability

11. You hereby acknowledge and agree that:

11.1. All Customers who make a booking for the Accommodation will have a direct contract with You and You will accept liability for that contract as the principal.

11.2. You have sole responsibility for all claims made by any Customer(s) in relation to or in connection with the Accommodation or any other service(s) You have contracted to provide or any booking of the Accommodation including, by way of example and not by way of limitation, responding to, handling and where appropriate paying compensation and/or refunds in respect of the same.

11.3. We will not be liable to You or any Customer for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this Agreement and/or the System, its use, application, support or otherwise, damage or corruption to other software or data or for loss of profit, business, revenue or goodwill except to the extent to which it is unlawful to exclude such liability.

11.4. We do not exclude liability for death or personal injury which is directly caused by the negligence of Us or any of our employees providing, in the case of employees, they were at the time acting within the course of their employment.

Indemnity

12.1. You agree to indemnify and keep Us indemnified against and in respect of the full amount of all liabilities, claims, losses, expenses, costs (including legal costs on a full indemnity basis), damages, refunds and all other sums of whatever nature and of whatever description (collectively “liabilities”) which are suffered or incurred by Us or for which We become liable or responsible and which arise, from any cause whatsoever, out of or in connection with this Agreement. For the avoidance of doubt and not by way of limitation, the liabilities covered by this indemnity shall include (but are not limited to) those arising, directly or indirectly, from any breach of this Agreement and/or any other agreement between You and Us by You and/or any act(s) and/or default(s) of You and/or any person(s) provided or used (directly or indirectly) by You (including your employees, agents, suppliers and sub-contractors). For the avoidance of any doubt, this indemnity shall apply to any or all liabilities incurred or suffered by Us including those where there is no finding of negligence, breach of contract, breach of statutory duty or otherwise on your part and the words “out of or in connection with this Agreement” shall be given the widest possible construction. This indemnity will survive and remain in full force and effect after the termination (for any reason) or expiry of this Agreement.

12.2. Without prejudice to the above You also agree to indemnify and keep Us indemnified (including our directors, officers, employees and agents) from and against any and all liability, damages, fines, losses, claims (including all legal fees) expenses, costs and all other sums of whatever nature which We incur, suffer or become liable for as a result, directly or indirectly, of your use of the System and/or any information or material uploaded by You on the System or otherwise provided or made available by You to any Customers.

Insurance

13. You will at all times maintain (at your own cost) a comprehensive insurance policy or policies to cover (with an adequate indemnity level):

13.1. All risks relating to the use and/or occupation of the Accommodation normally covered by insurance (including by way of example and not by way of limitation) destruction or damage of the Accommodation by any cause and all third party risks including cover for death, personal injury and illness of any Customer(s).

13.2. The full amount of all sums which may become payable under clauses 12.1 and 12.2.

Termination

14.1. This Agreement will continue in force indefinitely, but may be terminated:

14.1.1. Immediately on Us giving You written notice (including by email) on You breaching this Agreement or any other agreement between You and Us and failing to remedy the said breach within 7 days (or such longer period as We may agree in writing) of being required to do so in writing by Us.

14.1.2. On Us giving You 28 days notice in writing with effect from the expiry of the said notice.

14.1.3. Immediately on Us giving written notice to You on the occurrence of any of the following events:

14.1.3.1. On an order being made or an effective resolution being passed for the administration or the winding up of any business of which the letting of the Accommodation forms part or of which You are the owner or co-owner (including as shareholder) or which is otherwise relevant to the Accommodation or your performance of this Agreement (other than for the purpose(s) of re-organisation, reconstruction or amalgamation only without insolvency) or on You entering into a binding legal arrangement to pay your creditors less than the full amount due to them.

14.1.3.2. On You becoming bankrupt or insolvent or having a receiving order made against You.

14.1.3.3. On You suspending, ceasing or threatening to suspend or cease to carry on any business of which the letting of the Accommodation forms part (other than for the purpose(s) of re-organisation, reconstruction or amalgamation only without insolvency) or being unable to pay your debts as they fall due or on the appointment of an administrative or other receiver.

14.1.4. Immediately on You giving Us notice in writing (including by email).

14.2. Save as set out in clause 15, termination of this Agreement shall not prejudice any rights of You or Us which are in existence prior to the effective date of termination.

14.3. You understand that it is possible to immediately turn off your access to the System thus making your Accommodation un-bookable and equally it can be turned back on again by You at your convenience.

14.4. We reserve the right to turn off, remove or disable your access to the System for your Accommodation, either temporarily or permanently for any of the following reasons:

14.4.1. We believe the details of your Accommodation or the settings You are using on the System are in any way misleading, confusing or will or may lead to complaint or error in the booking process.

14.4.2. You attempt to promote another website or enter an email address, phone number or other means of communication in the descriptive area of the System or elsewhere whether intended to deal directly with Customers or done unintentionally.

14.4.3. You enter any information or material in the descriptive area which in our opinion is or may be in breach of copyright or subject to complaint by another party or on any basis is or may be fraudulent, offensive or misleading.

Consequences of Termination

15. In the event of termination by either party in accordance with clauses 14.1 through 14.4 the following provisions will apply:

15.1. your access to the System will be terminated and will cease. We will cease to advertise your Accommodation and will remove it from the System thereby removing the facility to accept payments for any and all Accommodation.

15.2. In such cases where confirmed but yet to be performed booking contracts are in existence at the time of termination, We shall remit all monies received from the Customers for such bookings of Accommodation back to the Customer. You agree that You will then be responsible for obtaining all monies due for the Accommodation booking direct from the Customer. We shall have no further liability towards You.

Customer details

16. You acknowledge that We are entitled to use Customers’ personal and other details in any of the ways and for any of the purposes set out in our Privacy Statement (found on our website) as amended and updated from time to time or as otherwise permitted by law. You also acknowledge that this shall be the case regardless of whether We obtained the details in question from the Customer direct or from You. You also confirm that, in relation to any personal or other details relating to Customers and enquirers (whether potential, present or past) in your possession You shall at all times, including all times after the termination of this Agreement, process such data in compliance with the obligations of a Data Controller under the Data Protection Act 1998 and any amendments thereto. Furthermore, You shall not at any time, including any times after the termination of this Agreement, send any marketing or promotional material or communications to individuals whose personal or other contact details You hold except in accordance with all applicable legislation in force at the relevant time (including but not limited to the Data Protection Act 1998 and the Privacy and Electronic Communications Regulations 2003 and all amendments thereto).

Copyright, Patents, Trade Marks and Other Intellectual Property Rights

17.1. You acknowledge that all copyright, trade marks, trade names, patents, domain names and other intellectual property rights of whatever nature created, developed, subsisting or used in or in connection with the System are and shall remain the sole property of LetGuru Limited. You shall not during the subsistence of this Agreement or at any time after the completion, expiry or termination of this Agreement in any way use or permit the use of the same save as expressly permitted by this Agreement or question or dispute the ownership by LetGuru Limited thereof.

17.2. In the event that new inventions, designs or processes or other intellectual property rights of any description evolve or come into existence in the performance of or as a result of this Agreement, You acknowledge that the same shall be the property of LetGuru Limited unless otherwise agreed in writing by LetGuru Limited.

Notices

18. Any notice(s) given pursuant to this Agreement must be so given in writing (including by email) and/or sent by facsimile or pre paid first class Recorded Delivery post or delivered by hand to the other party’s registered or principal office. If sent by facsimile or hand delivered the notice(s) shall be deemed served at the moment of delivery. If sent by post it shall be deemed served 48 hours from the time of posting.

Severability

19. 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.

Headings

20. 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 deemed to be an indication of the meaning of the clause to which they relate.

Waiver

21. In the event of any breach of this Agreement, the rights of the party not in default shall not be prejudiced or restricted by any indulgence or forbearance extended to the party in default and no waiver of any breach operates as a waiver of any subsequent breach.

Proper Law and Jurisdiction

22. This Agreement and all matters arising out of it shall be construed and governed by English Law and shall be subject to the exclusive jurisdiction of the Courts of England and Wales in relation to any dispute.

Disputes

23. In the event of a dispute between a Customer and You being notified to Us by either party, We shall be entitled in our discretion to withhold all and/or any monies due to You whether relating to that particular booking or otherwise until such times as the dispute has been settled and both You and the Customer have acknowledged settlement in writing to Us.

Modification

24. We are entitled to modify any or all of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope, rules or charges. IF ANY MODIFICATION IS UNACCEPTABLE TO Y0U, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USAGE OF THE SYSTEM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

The Schedule

Commission on all bookings will be charged at 10% of total booking value.

VAT is levied on the above for UK residents only.

A booking fee in the amount notified to You in writing that will be added to every booking processed through the System which will be payable by the Customer(s) in addition to the price payable to You.

Cancellation (by You) charge £50 or currency equivalent if You trade solely in US Dollars and/or Euros.

Payments made to You from Us to a non-UK bank account charged at £25.

We reserve the right to charge your Customers a credit card processing fee.

For the avoidance of doubt any and all bank charges arising as a result of payment received by Us from the Customer by credit or debit card shall be borne exclusively by Us.