Every care has been taken in compiling the contents of this web site.
However, all information about the accommodation is subject to change. alltheseasons.net (All The Seasons) will not be held liable for any errors, omissions, misunderstandings or claims arising from the advertisement or any arrangement or booking.
These are the terms of service (“Terms”) which apply to all use of our property marketing services (“Service”) through our platform https://www.alltheseasons.net (All The Seasons)
By registering and using our Service, you are entering into a legal binding agreement with us based on these Terms (referred to as the “Agreement”).
We reserve the right to amend these Terms from time to time. If the changes are deemed material, we will e-mail you to alert you to our new Terms. Your continued use of the Service will be deemed to be acceptance of any new Terms.
The Service Provided By alltheseasons.net (All The Seasons)
alltheseasons.net (All The Seasons) provide an online property marketing service. This means that we facilitate the online logistics associated with marketing a holiday home, including:
· marketing your properties on your selected property listing websites (“channels”);
· building, integrating and optimising your listings on your selected channels;
· dealing with guest enquiries and pre-arrival questions; and
· processing payments from your channels and guests.
Please note that we are not responsible for any on-site services (e.g. such as cleaning, maintenance or repairs).
1. Introduction 1.1 alltheseasons.net (All The Seasons) provides an on-line platform and various tools, services, and functions which enable property owners to list property and travellers to book such property. Booking payments conducted through the Site (the “Payment Services”) are handled by third party payment providers. For the purposes of convenience of definition (but not otherwise) where we use the term “alltheseasons.net (All The Seasons)” in these terms and conditions we are referring www.alltheseasons.net (All The Seasons)
1.2 These terms and conditions together with the Privacy Policy govern the relationship between alltheseasons.net (All The Seasons) and any individual using or accessing the Site and any of the content or services available through it as a traveller or potential traveller, and who is not using it in his/her/its capacity as a property owner or property manager (each, a “Traveller” or “you”). Travellers include people who use the Site to access information about and to book properties, whether for business or leisure purposes, from property owners or property managers.
1.3 The Traveller Ts&Cs constitute a legally binding agreement between alltheseasons.net (All The Seasons) and the Traveller. By using or accessing the Site or alltheseasons.net (All The Seasons) platforms or systems, you acknowledge that you agree to and are subject to the Traveller Ts&Cs as well as our Privacy Policy, on behalf of yourself and all persons named on your booking. A Traveller’s booking through or use of a alltheseasons.net (All The Seasons) site is governed by the terms and conditions of the individual property owner or manager and care should be taken when booking that you read there terms and conditions.
1.4 alltheseasons.net (All The Seasons) does not authorise anyone to register with this Site unless they are able to enter into legally binding contracts.
1.5 alltheseasons.net (All The Seasons) may revise these Traveller Ts&Cs from time to time for reasons such as a change in business operations, new or amended or discontinued products or features, or due to a change in applicable laws. You will be provided with reasonable notice in advance of any changes to any of the terms of these Traveller T&Cs or our decision to terminate these Traveller T&Cs. We shall notify you of such changes or termination through updates on our website or by email. You should visit this page periodically to view the most current Traveller Ts&Cs because they are binding on you.
2. The Basics 2.1 This Site is a place where Travellers can view listings of, and obtain information about, properties offered for rent (“Properties”) by others, including property owners, lessees and managers, (each, an “Owner” and collectively with a Traveller, the “users”). We may also offer other tools or services to allow users to communicate with each other and to enter into rental agreements or other transactions with each other.
2.2 The Site acts only as a venue for users to interact with each other. alltheseasons.net (All The Seasons) is not, and does not become, a party to any contractual relationship between the Traveller and the Owner, and does not mediate between the Traveller and the Owner in the event of any dispute arising between them. You acknowledge and agree that the Traveller and the Owner will be responsible for performing the obligations of any such agreements, that alltheseasons.net (All The Seasons) is not a party to such agreements, and disclaims all liability arising from or related to any such agreements. This is true even if the Site facilitates a booking for a Property or the use of other tools, services or products, as alltheseasons.net (All The Seasons) is not a party to any rental or other agreement between Travellers and Owners.
2.3 Travellers are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into either on the Site or in connection with their use of the Site. Travellers should please note that Owners are responsible for and agree to abide by all laws, rules and regulations applicable to the listing and rental of their Property and the conduct of their rental property business. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to any Property Listed on the Site, there may be circumstances where we are nevertheless obligated (as we may determine in our sole discretion) to provide information relating to any listing in order to comply with governmental or regulatory bodies investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
2.4 The Site is made up of Property Listings provided by Owners and content from other third parties. Such content is the responsibility of the Owner or third party creator of the content. We have no responsibility for such content as we are merely providing access to the content as a service to you and providing you with the facility to communicate directly with the Owner to enquire about a Property and make bookings with the Owner for the rental of such Property. All bookings you make are made directly with the Owner and your contract will be with the Owner. Any such contract will govern your right to occupy and use the Property, and may contain obligations to pay additional fees and taxes. alltheseasons.net (All The Seasons) is not a party to any such contract and has no liability to you for the Owner’s provision of the Property. We do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information in the Listings on the Site or any opinions/content posted by third parties.
3. Property Listings and Interaction with Owners
3.1 Please note that Owners are entirely responsible for all of the information, including images, text and other content, relating to the Properties they offer (“Listings”), for updating them and ensuring (where relevant) that they are correctly translated. Thus, where a Listing is linked to an automated translation facility, such as Google Translate, it is the Owner’s responsibility to ensure that the resulting translation is accurate, and to correct any deficiencies in it.
3.2 If a Traveller finds a Property of interest, an information request can be sent to the Owner (an “Enquiry” or “Enquiries”) stating their name along with any requested information, without having to log in to the Site for the purpose. We and alltheseasons.net (All The Seasons) group may offer different email newsletters from time to time intended to enhance the services we or they offer. Travellers may either opt-in to receiving newsletters when sending enquiries or opt-out of receiving newsletters when booking on the Site, and may cancel their subscription to these email newsletters at any time through the Communications Preference Centre, although it may take a short while for the changes in preferences to become effective. 3.3 The Traveller will receive a confirmation from alltheseasons.net (All The Seasons) once an Enquiry has been sent to the Owner.
3.4 The Owner may then communicate with the Traveller directly in connection with the Enquiry and Travellers and Owners may also communicate with each other via the Site (and via other tools on the alltheseasons.net (All The Seasons) platform).
3.5 Where an Owner has enabled online bookings, Traveller will be able to make a booking online, which shall be approved or declined by the Owner within 24 hours. For online payment, a Traveller whose booking was confirmed by the Owner will be able to pay with their credit card through the payments gateway offered by our third party payment provider and/or alltheseasons.net (All The Seasons) Payments. The online payment service is subject to the terms and conditions of the third party payment provider or, in the case of alltheseasons.net (All The Seasons) Payments, the Accommodation Fee Collection Agreement and Traveller agrees and acknowledges that (with exception of alltheseasons.net (All The Seasons) Payments’ obligations pursuant to the Accommodation Collection Fee Agreement) alltheseasons.net (All The Seasons) has no control over or any responsibility for this service.
3.6 Any communication between Travellers and Owners using the alltheseasons.net (All The Seasons) platform must not include email addresses or phone numbers. Please be aware that any communication on the Site (or through the alltheseasons.net (All The Seasons) platform) will be available to view by alltheseasons.net (All The Seasons) employees and representatives. Please also be aware, in accordance with our security and account requirements, we may remove or redact information from any such communications (for example, email addresses, phone numbers or other content we deem to be inappropriate or non-compliant with applicable laws and regulations).
3.7 alltheseasons.net (All The Seasons) may, from time to time, use third party e-mail servers to send and track receipt of the Enquiry emails, and analyse the pattern of Enquiry usage reported by these third party tracking systems. Our system does not hold messages indefinitely and they may not be accessible after the message has been delivered to you. Please print a copy of any message which is important to you – for example a payment receipt or a booking confirmation.
3.8 alltheseasons.net (All The Seasons) has no responsibility for or otherwise stated involvement in, the communications between the Owner and Traveller.
4. Ranking and Appearance in Search Results alltheseasons.net (All The Seasons) cannot guarantee that any Listing will appear in any specific order in search results on a Site. Search order will fluctuate automatically depending on filters used by travellers, traveller preferences, as well as Owners' “Ranking” which consists of the attributes of the property, the quality of the experience provided and the compensation paid for bookings. Attributes of a property are evaluated based on a variety of factors such as traveller feedback, amenities, and the location of a property. The quality of the experience is based on a variety of factors such as calendar accuracy, Owner response times and booking acceptance, online booking and online payments capability, rate consistency and quality stay experience and other factors that alltheseasons.net (All The Seasons) may deem important to the user experience from time to time. The compensation paid for bookings is also a factor for the relative ranking of properties with similar offers, based on the relevance factors described above. If a listing is placed on a subscription basis, search results may also vary depending on the search criteria used by a particular Traveller. alltheseasons.net (All The Seasons) reserves the right to apply automatically various search algorithms or to use methods to optimize Ranking results for particular Travellers’ experiences and the overall marketplace. Listings placed on a non-subscription basis, such as pay per booking, may not always appear in search results. Listings distributed on third party sites are not guaranteed to display on such third party site in any particular order or at all. Search results and order may appear different on alltheseasons.net (All The Seasons) mobile application than they appear on its website. To optimize the search experience for both Owners and Travellers and improve the Ranking Process, alltheseasons.net (All The Seasons) retains the right to run occasional tests that will be limited in duration but may alter how we display Listings and search results.
5. Registration and establishing an Account 5.1 Should Travellers wish to use services available to them on the Site other than simply making an Enquiry, they must register with the Site. alltheseasons.net (All The Seasons) does not authorise anyone to register with the Site unless they are able to enter into legally binding contracts. As a result of successfully completing the registration process, the Traveller obtains a user account for the Site (an “Account”).
5.2 To obtain an Account, a Traveller must follow all of the instructions given by alltheseasons.net (All The Seasons) during the registration process. A Traveller can sign up for an Account using a personal email address or alternatively can sign up using Facebook login credentials by clicking on the Facebook login button on the registration screen.
5.3 The Traveller’s Account includes information which is made publicly available to other users of the Site and can also be seen by other internet users not registered on the Site, for example, it may show up in Google search engines. An Account includes, amongst other things: A dedicated page, known as “My profile” page, on which the Traveller’s profile name will be listed as a mandatory field. Other personal and travel information are optional, at the discretion of the Traveller; The ability to monitor specific Properties; Save favourite Properties; Add notes and create lists; Save comments on Properties; Place reviews of rented Properties; Link Traveller’s Facebook account. By logging in with Facebook or linking an Account with Facebook, the Traveller agrees to transfer their login credentials from Facebook and to display the list of Facebook friends who also have an account with alltheseasons.net (All The Seasons) Group. This information will be displayed on Traveller profile page. Share favourite Properties or lists with others, such as friends and family and social networks. A link to Owner Reviews (as defined below)
5.4 Traveller is responsible to ensure all information provided is accurate, complete and kept up-to-date.
5.5 Travellers can deactivate their Account at any time and they can also unlink their Account and public page from Facebook at any time. Travellers can unlink their Accounts by going directly to their Travellers profile settings page. You understand and accept that even if you deactivate your Account data could be retained by alltheseasons.net (All The Seasons) Group under the terms of the Site’s Privacy Policy, or Cookie Notice. You understand and consent to the use of your data as outlined in the Privacy Policy and Cookie Notice. You also understand and accept that data relating to your transactions with alltheseasons.net (All The Seasons) Group could have been transmitted to and remain on other sites, for example Google if Google search engine technology has copied content from alltheseasons.net (All The Seasons) Group’s sites or systems.
5.6 alltheseasons.net (All The Seasons) also uses Google Analytics to gather statistics on Site usage. There are more details in the Privacy Policy and Cookie Notice and in Google’s own privacy policy. Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube. You understand and accept that the alltheseasons.net (All The Seasons) Group has no control over Google’s data collection. 6. Rights and obligations of alltheseasons.net (All The Seasons)
6.1 alltheseasons.net (All The Seasons) will endeavour to reproduce accurately on the Site any photographs supplied by Owner. However, Traveller acknowledges that deviations from original photos can occur when scanning non-digital images, due to individual screen settings and that alltheseasons.net (All The Seasons) shall have no responsibility or liability for any such deviation. 6.2 Further, you also acknowledge that Owners and not alltheseasons.net (All The Seasons) are responsible for the accuracy with which the photos and descriptions depict the relevant Property.
6.3 alltheseasons.net (All The Seasons) Seasons complies with its Privacy Policy. Further details can be obtained from the Privacy Policy. The Traveller consents to the use of his data as outlined in the Privacy Policy. Traveller should note, Owners have generally authorised alltheseasons.net (All The Seasons) to forward the Owner’s contact details, including telephone number, to Traveller in connection with a Property booking. Traveller may ask for these details to be supplied on production of proof of the booking; alternatively, these details may be made available to Traveller through their Accounts.
may occasionally undertake upgrades and maintenance of the Site, its platforms and systems. These works may result in restrictions on the usage. alltheseasons.net (All The Seasons) will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when most Travellers’ usage is least affected.
6.4 User verification on the Internet is difficult and we cannot, and do not assume any responsibility for the confirmation of each user's purported identity. We encourage Travellers and Owners to communicate directly with each other through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage Travellers to take other reasonable measures to assure yourself of the Owners identity and of the property and relevant details of your booking or proposed booking. You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed and that alltheseasons.net (All The Seasons) will have no liability to you in any such event.
6.5 You acknowledge that alltheseasons.net (All The Seasons) is not responsible for checking the identity, or for the behaviour, of Owners or for establishing the nature, condition or existence of a Property.
6.6 alltheseasons.net (All The Seasons) reserves the right to transfer these Traveller Ts&Cs, and to assign or subcontract any or all of its rights and obligations under these Traveller Ts&Cs, to a third party or to any other entity belonging to the alltheseasons.net (All The Seasons) Group, but will not do so in such a way as to reduce any guarantees you are given under these Traveller Ts&Cs.
7. Intellectual Property
7.1 All content that appears on the Site is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited. 7.2 Travellers are permitted to download, display or print individual pages of the Site to evidence any agreement with alltheseasons.net (All The Seasons) and to retain a copy of their bookings. The relevant file or the relevant printout must clearly bear the text “© Copyright [Present Year] alltheseasons.net (All The Seasons) - All Rights Reserved”.
7.3 Where a Traveller submits to or transmits through the Site (or alltheseasons.net (All The Seasons)’s platform or systems) any content of any type, including text or images, the Traveller undertakes that he/she has the legal rights to do so. 7.4 To the extent that Travellers’ reviews or other content may contain trademarks or other proprietary names or marks, Travellers undertake that they have the right to use such names or marks.
7.5 By submitting any form of content to the Site (including but not limited to all text, descriptions, reviews, photographs, and the like), the Traveller grants alltheseasons.net (All The Seasons) and each of their subsidiary and affiliate companies, a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable (through multiple tiers) right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform any such content throughout the world in any media, now known or hereafter devised for any purpose.
8. Travellers’ Accounts, Communications and Reviews
8.1 Travellers must provide only accurate and truthful information concerning their identity, including country of residence, in their Accounts and profile pages, and any other communications on the Site, including reviews of Properties.
8.2 Messages sent via alltheseasons.net (All The Seasons) systems should only relate to genuine booking Enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse alltheseasons.net (All The Seasons)’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. E-mails and Site recommendations transmitted via the “Recommend this Site” function should only be sent with the recipient’s consent. You agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information.
8.3 Travellers who have booked through the Site may post their reviews of Owners’ Properties (“Traveller Reviews”) on the Site. The Owner is given the opportunity to view Traveller Reviews, and to respond to them (an “Owner Response”). More detail about Traveller Reviews and Owner Responses is available here. Owners will also be given the opportunity to rate the Traveller’s stay (“Owner Review(s)”) and that Owner Reviews will be made available to Owners who you make contact with. Owner Reviews cannot be used to exclude or discriminate against individuals. The Traveller’s sole remedy in relation to Owner Reviews, and All alltheseasons.net (All The Seasons) sole obligation in relation to Owner Reviews, is to permit the Traveller to post a Traveller Review within 14 days of the submission of the Owner Review. alltheseasons.net (All The Seasons) otherwise expressly disclaims any liability for any Traveller or Owner Review. Traveller acknowledges and agrees alltheseasons.net (All The Seasons) may make such Owner Review available to other Owners who the Traveller contacts through the Site. More detail as to the Owner Review process is available here.
8.4 Please note that alltheseasons.net (All The Seasons) does not, and realistically does not have the ability to, verify the accuracy or otherwise of Traveller Reviews, Owner Responses or Owner Reviews.
8.5 alltheseasons.net (All The Seasons) nevertheless requires all Traveller Reviews, Owner Responses, Owner Reviews and other communications using alltheseasons.net (All The Seasons)’s systems to conform to the Content Guidelines, and may decline to post any of them that alltheseasons.net (All The Seasons) finds do not comply. alltheseasons.net (All The Seasons) will not edit or otherwise modify reviews on a Traveller or Owner’s behalf. A Traveller or Owner may contact Customer Service to remove their published review. Traveller agrees to comply with any applicable export and/or embargo laws. Further, the Traveller holds that they are not on the US Government list of prohibited parties, and represents that they are of the applicable legal age to contract with alltheseasons.net (All The Seasons).
8.6 alltheseasons.net (All The Seasons) does not generally conduct identity checks. If Travellers suspect that the Owner has supplied false information, they are invited to notify alltheseasons.net (All The Seasons) through the contact form.
8.7 All The
9. Indemnification You agree to defend, indemnify and hold harmless the alltheseasons.net (All The Seasons) Group and its equity holders, officers, directors, employees and agents against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought or occasioned by third parties alleging, arising out of, or in connection with: (a) any material or content you provide to the Site; (b) your use of any content on the Site; (c) any breach by you of these Traveller Ts&Cs; or (d) your use of the Property. alltheseasons.net (All The Seasons) will provide notice to you promptly of any such claims.
10. Prohibitions The Traveller shall not directly or indirectly: With respect to the Site, its content, and databases comprised in the Site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same; Monitor content on the Site or alltheseasons.net (All The Seasons)’s platform or systems by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or adverts for properties available for booking, or any subset of the same or which is in the business of providing services that compete with the alltheseasons.net (All The Seasons)) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with alltheseasons.net (All The Seasons)’s robots.txt file; Use the Site or alltheseasons.net (All The Seasons)’s platform or systems for purposes other than those referred to in these Traveller Ts&Cs; Use the Site or the tools and services on the Site for the purpose of booking or soliciting a rental for a property other than a Property under a valid Listing; Reproduce any portion of the Site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or any other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site; Upload or send to the Site (or alltheseasons.net (All The Seasons)’s platform or systems) any contents or programs, which on account of their size or nature, might damage alltheseasons.net (All The Seasons)’s computers or networks; Include content on the Site (or alltheseasons.net (All The Seasons)’s platform or systems) that breaches any applicable criminal or other laws, or encourages any such breach; Use or access the Site or alltheseasons.net (All The Seasons)’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus” includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk); Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability; Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or Refer to alltheseasons.net (All The Seasons) or any member of the alltheseasons.net (All The Seasons) Group in any way that might lead someone to believe that the Traveller or any website is sponsored by, affiliated with, or endorsed by alltheseasons.net (All The Seasons) or any member of the alltheseasons.net (All The Seasons) Group.
11. Right to delete content Travellers are responsible for ensuring that their communications, and content posted, through or in connection with the Site, including Traveller Reviews and communications with Owners, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything libellous, slanderous or defamatory, anything that infringes copyright, data protection law or the Content Guidelines. alltheseasons.net (All The Seasons) may review any data on the Site or alltheseasons.net (All The Seasons) platform or systems and delete it or alter it when it is no longer accurate or up-to-date. Without prejudice to any other available remedies, alltheseasons.net (All The Seasons) shall be entitled immediately to remove from the Site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account.
12. Notifications
12.1 Any messages to us may be sent using the contact form or by post to c/o alltheseasons.net (All The Seasons). Notifications of copyright infringement must contain: Your postal address, telephone number and e-mail address Precise details about the content in question (insertion of the text or image) including a link to the website; A signed declaration in lieu of an oath, which evidences that you: Hold the exclusive rights to use the work; Have not authorised the use of the material in question in this form.
13. Liability of alltheseasons.net (All The Seasons)
13.1 The Site is merely a venue allowing you to view Properties listed on the Site, communicate with Owners in respect of any queries or questions you may have, or to make a booking with an Owner for the rental of a Property. We accept no liability in relation to any contract you enter into with an Owner or for any Property you book, except to the extent that we collect tax information and/or Stay taxes on the Owner’s behalf, nor do we accept liability for the acts or omissions of any Owners or other person(s) or party(ies) connected with the Property. For all Properties, your contract will be with the Owner and their terms and conditions will apply to your booking. These terms and conditions may limit and/or exclude their liability to you and you are advised to read them carefully before making a booking.
13.2 We do not provide liability insurance protection for Owners, property managers, or Travellers; regardless of whether a user obtains insurance coverage through one of our third party providers. Travellers are advised to obtain suitable travel insurance to cover their booking for the Property from an Owner, including in the event they have to cancel their booking. It is the Traveller’s responsibility to ensure that the insurance it purchases is adequate and appropriate for the Traveller’s particular needs.
13.3 In no event will alltheseasons.net (All The Seasons) or any of its subsidiaries, affiliates, officers, directors, consultants, agents and/or employees or any third party provider of a tool offered on any site of a member of the alltheseasons.net (All The Seasons) Group be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the Site or alltheseasons.net (All The Seasons) platform or systems, any materials or content you submit to the Site, and your use of the Site and/or any transaction between users, even if alltheseasons.net (All The Seasons) has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the Site (or the alltheseasons.net (All The Seasons) platform or systems) or you do not agree with any part of these Traveller Ts&Cs, then your sole and exclusive remedy against alltheseasons.net (All The Seasons) is to discontinue using the Site. Nothing in these Traveller Ts&Cs shall exclude or restrict alltheseasons.net (All The Seasons) liability for death or personal injury resulting from its negligence; nor for alltheseasons.net (All The Seasons) Group’s fraud or fraudulent misrepresentation.
14. Miscellaneous
14.1 These Traveller Ts&Cs shall be governed by the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts. 13.2 These Traveller Ts&Cs, the Privacy Policy and the Cookie Notice contain the entire agreement between alltheseasons.net (All The Seasons) and Traveller relating to their subject matter.
14.3 alltheseasons.net (All The Seasons) recommends that you save your own copy of these Traveller Ts&Cs in a separate file on your device or in print-out form. 14.4 alltheseasons.net (All The Seasons)’s failure to act with respect to a breach of these Traveller Ts&Cs by the Traveller or others does not waive alltheseasons.net (All The Seasons)’s right to act with respect to subsequent or similar breaches. 14.5 The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Traveller Ts&Cs.
14.6 The invalidity of one or more provisions of these Traveller Ts&Cs shall not affect the validity of the other provisions. 14.7 The European Commission’s Online Dispute Resolution Platform is available at http://ec.europa.eu/odr
The Service Provided By Stay selected channels;
· dealing with guest enquiries and pre-arrival questions; and
· processing payments from your channels and guests.
Please note that we are not responsible for any on-site services (e.g. such as cleaning, maintenance or repairs).
Services Provided By alltheseasons.net (All The Seasons)
When you use our Service, we will market your properties and manage bookings for you. However, please note that when we do so we act as your agent.
This means that when we market your properties on your selected channels, you are entering into a direct (legally binding) contractual relationship with the relevant channel. Likewise, when we take a booking on your behalf, you are entering into a direct (legally binding) contract with your guest to provide your accommodation services (your “Owner Services”) in accordance with your own terms and conditions. We act solely as an intermediary between (i) you and your channels; and (ii) you and your guests.
It also means that when you use our Service, you appoint us as a payment collection agent solely for the limited purpose of accepting payment from your channels or guests in connection with the provision of your Owner Services. You agree that payment made by a channel and/or guest through alltheseasons.net (All The Seasons) shall be considered the same as a payment made directly to you, and you will provide your Owner Services in the agreed-upon manner as if you received the payment directly from the channel or guest (as applicable). You also agree that we may refund a channel and/or guest in accordance with the channel cancellation policy as reflected in the Service at the time of booking . Our obligation to pay you is subject to and conditional upon successful receipt of the associated payments from the channel and guest. In accepting appointment as a limited payment collection agent we assume no liability for any of your, or your channel or guests, acts or omissions.
About our bookings
When we take a booking on your behalf, we will check your alltheseasons.net (All The Seasons) calendar to ensure that you have availability on the requested dates. When we confirm the booking we will update your alltheseasons.net (All The Seasons) calendar accordingly.
Please note that it is your responsibility to keep your alltheseasons.net (All The Seasons) calendar up-to-date at all times, and to check availability, before making any external booking. If we accept a booking for your alltheseasons.net (All The Seasons) calendar, this will take precedence over any conflicting booking that was not in your alltheseasons.net (All The Seasons) calendar at the time of the booking.
Cancellations of guest bookings
The prepayment and cancellation terms applicable to each channel are displayed in the Service under Marketing. Some channels may allow a grace/cooldown period after booking that allows the guest to cancel the transaction during this period. If you request us to cancel a booking after we have confirmed the booking with the guest, we reserve the right to charge you any costs incurred as a result such as relocation or cancellation fees as well as an administration fee on behalf of alltheseasons.net (All The Seasons) of £50 plus VAT. If we are responsible for changes or cancellations to a booking and fees are charged by a channel or other reasonable costs are incurred, we will not seek to recover these from you.
About your selected channels
Please note that when you select a channel through our Service, you are also accepting and agreeing to the relevant terms and conditions of that channel. Links to each channels’ terms and conditions are available in our Service under Marketing and we advise you to read these carefully.
Channels do not permit duplicate listings of properties. Your alltheseasons.net (All The Seasons) listing will take priority over any listing that you chose to manage yourself on the same channel. If we become aware that your property has a duplicate listing, we will contact you to discuss whether you wish to continue listing with alltheseasons.net (All The Seasons) or manage the listing yourself. Please note that the channel may also remove duplicate listings which is out-with our control.
You will be responsible for compliance with each of your selected channels’ terms and conditions.
If we are obliged to pay a fee to a channel as a result of your breach of such terms and conditions, then we shall be entitled to a refund of such costs from you. This includes any cancellation costs which we incur as a result of your breach, and any travel costs we may be required to reimburse your guests on your behalf due to such cancellation. We may offset any such costs against any money we may owe to you or request that you refund these costs to us.
Your obligations
You must comply with the terms of the Agreement as set out in these Terms.
To qualify to use the Service you must meet the following criteria, and accordingly you warrant that you: are over 18; have full authority to enter into this Agreement; have full authority to list the property(ies); are not currently restricted from using the Service; will only use the Service for your legitimate interests; shall not infringe our rights, including intellectual property rights we may have in our Service; and shall only submit information that you are entitled to submit, which is accurate and not confidential.
In order to meet the qualifying criteria to use our Service, we have a verification process in place which you and your properties will be entered into upon agreeing to use our Services. This process is in line with our respective channel partners and is expected to take no longer than two weeks to complete. During this time we retain the right to temporarily pause listing properties that do not meet our criteria. We also retain the right to withhold submitting your first payment per property until the validation processes is complete.
You are responsible for managing and updating your account and all information contained therein on the Service and ensuring it is kept secure and up to date. If you discover any un-authorised use of your Account you must promptly let us know. We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with any of the provisions of these Terms. For the avoidance of doubt this obligation applies during the notice period of the Agreement.
You must comply with our Acceptable Use policy as set out below.
You agree to indemnify us against all damages, losses and costs which we incur due to your failure to comply with this Agreement.
Acceptable Use
• You must not store or transmit any material during your use of the Service that is unlawful, dishonest, threatening, defamatory, obscene, discriminatory or racially offensive.
• You must not send or transmit any material which infringes any third party intellectual property rights.
• You must not create a false identity or submit inaccurate, false or misleading information.
• You must not transmit any unsolicited advertising such as spam or junk mail.
• You should not knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
• You must not attempt to gain un-authorised access to our Service, the server on which our Service is stored or any server, computer or database connected to our Service.
Your rights
On condition that you comply with your obligations under the Agreement, we grant you a limited, non-exclusive, non-transferable licence to access and use the Service in accordance with this Agreement.
Prices, fees, important terms and payments
Price
You are responsible for setting the minimum price for each of your properties (which we refer to as the “base price”). We will never list your properties on any channel for less than the base price you have set.
Both the channel and alltheseasons.net (All The Seasons) reserve the right to add a booking fee inclusive of VAT to your base price.
Fees
Use of the Service is free, however we will charge our commission payment plus VAT based on the base value and cleaning fees from each booking made using our Service. Your commission rate per channel will be displayed in the Service under Marketing. Commissions will not be charged if a guest cancels a booking and receives a full refund. If a guest receives a partial refund we will charge our commission on value of the base price not refunded.
In addition to commissions, we will retain any booking fee added to your base price. We do not retain booking fees added by channels.
Important terms
We reserve the right to vary your commission rate during the term of this Agreement. However, we shall give you at least 90 days’ notice in writing of any proposed changes to the commission rate.
Payments
We will release payment to you 5 days after arrival less commission.
The amount that we will deduct from each booking is detailed in the Fees section above.
Should a refund out-with the standard terms of the booking be agreed between yourself and the guest, you will bear the full cost of this refund and will be required to return any funds that have already been remitted to you including any cancellation costs incurred within 30 days of the cancellation.
When a guest challenges a charge made by them on a credit card, known as a “chargeback”, we will be notified by our credit card payment provider (“provider”). Once notified, we have a period of time to defend the chargeback using all the information available to us in relation to the booking. We will submit all information that we have available within the required timescales, however, the final decision lies with our provider. Should the provider agree with our defence, no further action will be required and you will still be entitled to payment for the booking. However, if the provider does not agree with our defence, they will refund the guest and we will, therefore, have to reclaim the value of the booking from you as if this was a cancellation of a booking. We will either request you to send these funds to us by bank transfer or we may be able to offset the amount against a future pay-out.
Cancellation of this contract
You may cancel your Account at any time by giving us 30 days’ notice (“cancellation period”). We require this 30-day cancellation period to off-board your properties from your selected channels.
To cancel your Account, please contact us at
Cancellation shall not affect any existing bookings, nor any bookings that may be made during the 30-day cancellation period, which you are obliged to honour. For the avoidance of doubt, this includes all existing bookings and all bookings made during the cancellation period, regardless of the relevant check-in date for each booking. At the end of the 30-day cancellation period, your Agreement with us will be terminated and we will not be entitled to make further bookings on your behalf. If you do not wish to have bookings during the 30 day cancellation period, you are responsible for blocking the dates on your alltheseasons.net (All The Seasons) calendar to prevent any bookings from being made.
We reserve the right to terminate this contract at any time by giving you 30 days notice. This may be as a result of failure to comply with these Terms and Conditions, failure to comply with channel listing requirements or any other reason that will communicated to you such as a higher than normal cancellation rate. This could include, but is not limited to: acting in a non-professional manner or not having the legal right to advertise properties listed on the Service.
Our rights in the Service
We own or validly license all intellectual property rights in our Service, and in the material published on it. Except to the extent set out in the Agreement, or otherwise agreed in writing between us, you are not permitted to use such intellectual property rights.
Availability of Service
We shall use reasonable endeavours to make the Service available 24 hours a day, seven days a week, except for planned or unplanned maintenance.
Data Protection
We shall process all personal data in accordance with our Privacy Policy and we shall both comply with our respective obligations under applicable data protection legislation.
Disclaimer of warranties
The Service is provided on an ‘as is’ and ‘as available’ basis and to the extent permitted under English law, without warranties of any kind. In particular we make no warranty that the Service will meet your requirements or expectations or that it will be error free. We make no warranty regarding any transaction concluded between you and a guest or in connection with the Service, and you understand that each such transaction is entered into at your own risk.
Liability
Non-exclusion
We do not exclude or limit in any way our liability for:
· death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
· fraud or fraudulent misrepresentation; or
· any matter for which it would be unlawful to exclude or restrict liability.
Our liabilities
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a result of our breach of the Terms or our failure to use reasonable care and skill.
We are not liable to you for any business losses. If you use the Service for any commercial, business or re-sale purpose we will have no liability to you for such losses, including any loss of profit, loss of business, business interruption, or loss of business opportunity.
Other than as stated in the non-exclusion section above, in no event shall we be liable to you (whether in contract, tort (including negligence), equity (including restitution), breach of statutory duty, or otherwise) for:
· any defects, errors or omissions in any information, materials or instructions provided by you to us in connection with the Service, or any actions taken by us at your direction; or
· any indirect or consequential loss arising under or in connection with the Agreement; or
· any loss of profit, loss of revenue, loss of use, loss of goodwill, loss of data, business interruption or loss of anticipated savings, whether direct or indirect; or
· any ex gratia payment or sum paid in settlement of a claim without our prior written approval.
Our total liability to you in respect of all other loss or damage arising under or in connection with the Agreement shall in no circumstances exceed the sum of the Commission received by us during the 12-month period preceding the date on which the claim arose.
This section shall survive termination of the Agreement.
Indemnity
You agree to indemnify us against all claims, loss or damage which we sustain or are likely to sustain as a consequence of your breach of the Agreement, including your breach of any of the terms and conditions of your selected channels.
General
If we choose to waive any particular right we have under the Agreement on any particular occasion this does not prevent us from exercising that right on another occasion.
If any part of the Agreement is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Agreement.
You are not entitled to transfer or assign your rights and obligations under the Agreement to anyone else without our prior written permission.
If there are any disputes arising out of your use of the Service, or otherwise relating to the Agreement, then these will be governed by Scottish law and subject to the exclusive jurisdiction of the Scottish Courts.
