Terms and Conditions

Introduction

• These terms & conditions govern the relationship between SimplyCaravan Ltd, 38 Vicarage Rd, Orrell, Wigan, WN5 7AX, UK (“Provider”) and,
  • any user of this website and of the content or services available through it (this, or the, „site“) who or which offers any property for rental through it including owners, lessees and property managers, (collectively, “Owners”)
  • any user of this website and of the content or services available through it (this, or the “site“) who is not using it in his/her/its capacity as a property owner or property manager (“Traveller”). Travellers include people who use the site to access information about, or to rent, properties.

  The site SimplyCaravan.com is owned and operated by SimplyCaravan Ltd, 38 Vicarage Rd, Orrell, Wigan, WN5 7AX, UK.

• The Ts & Cs constitute a legally binding agreement between the Provider, Owner and Traveller; each Owner or Traveller who uses or accesses this site agrees to the Ts & Cs.
• If the Owner is a company, partnership or other entity, a person who uses this site, and/or agrees to the Ts&Cs, on behalf of that Owner represents that he/she has the authority to bind the entity to these Ts & Cs.
• The Provider does not authorise anyone to register with or use this site unless they are able to enter into legally binding contracts.

General Information and Listing Terms

• This site is a place where Owners can advertise one or more holiday homes (each a “Property”), including but not restricted to Static Caravans, for rental to potential tenants, and communicate with those potential tenants. We refer to actual and potential tenants, whether of the Owner’s or other Properties, as “Travellers”
• Similarly Travellers can view advertising of, and obtain information about, properties offered for rental (“Properties”) by others, including property owners and managers, (collectively, “Owners”), and communicate with those Owners.
• The Provider is not, and does not become, 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. The site is a venue for Owners and Travellers to interact.
• Owners can agree with the Provider to place on the site a paid-for Property listing (“Listing”).
• 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.
• The Provider does not generally conduct identity checks. If Travellers suspect that the Owner has supplied false information, they are invited to notify the Provider through the contact us page.
• To place a Listing, the Owner makes an order by means of the site’s relevant online form and pays to the Provider the fees for the relevant Listing (“Listing Fees”). The Listing Fees vary when Owner signs up depending on any applicable discounts or premium services agreed to.
• Listings are sold by the Provider to run for the full term that is selected by the Owner. That term starts on the date that the Owner submits the requisite full or initial (as applicable) payment of Listing Fees (the „Purchase Date“) and expires on the last date of the term selected by the Owner (the „Listing Term“). For example, for an annual Listing Term, if the Purchase Date is January 1st, the Listing would expire on December 31st of the following year unless extended.
• A reminder will be sent to Owners approximately one month before their next payment is due to remind them to make a new payment. If a payment is not received within one month of the expiration date then the listing will be removed from the site until a payment is received.
• Payments to the Provider can be made by direct debit, bank transfer, PayPal, Pingit or credit card payment. All banking and other fees (including Credit Card fees) relating to a payment shall be borne by the Owner. Online payment including Credit Card, Debit Card and PayPal transactions shall be processed through a recognised commercial payment gateway on a secure server; SimplyCaravan will not be party to any data inputted by the Owner during this process.
• If an Owner purchases a Listing, but does not complete the creation of the Listing or the Listing does not appear on the site for any other reason, refund requests for Listing Fees will be considered by the Provider, but are only available if applied for by the Owner by contacting the Provider through the contact us page during the first three (3) months following the relevant Purchase Date (the „Initial 3 Months“), and on condition that
  • the relevant Listing has not appeared on the site during the Initial 3 Months, and
  • the failure of the Listing to appear on the site during the Initial 3 Months does not result from the Owner failing to take such steps as the Provider may require in relation to the completion of the Listing.
• If no such refund is applied for or granted, but the relevant Listing is completed and appears on the site after the end of the Initial 3 Months, the Provider may in its discretion permit the Listing Term to continue until fifteen (15) months after the Purchase Date for that Listing.
• The Provider reserves the right to decline to place any Listing that appears, in the Provider’s discretion, to be capable of infringing, or be associated with the infringement of, any provision of these Ts & Cs.

Making a Booking Enquiry

• If Travellers find a Property in which they are interested, they can send an information request to the Owner (an “inquiry”) stating their surnames e-mail address and telephone number, and other requested information, without having to log in to the site for the purpose.
• The Traveller receives a confirmation from Provider, once an inquiry has been sent to Owner
• The Owner may then communicate with the Traveller in connection with the inquiry.
• The Provider has no responsibility for, or involvement in, the communication between the Owner and Traveller.

Owner User Profiles

• As a result of registration, an Owner is given a User Profile in which the data he contributes is recorded and in which all the Property rentals offered by that Owner are specified.
• In the User Profile, Owner will have various functions available which are intended to assist them to manage their Property rentals through the site; these functions, and the User Profile itself, are made available on an “as is” basis, and the Provider does not undertake that the User Profile or its functions will be complete or error-free.
• Through the User Profile, the Owner has access to Guestbook(s) and Traveller’s Reviews for the Owner’s Properties.

Guestbook and Traveller Reviews

• The Guestbook provides a facility for Owners to submit to the site comments provided by people – whether or not they have rented the Property through the site – who have stayed at the Property (“Guestbook Comments”). Guestbook Comments must be genuine comments made by unconnected third parties who have stayed at the Property on a paid-for basis: we may require Owners to prove the genuineness of Guestbook Comments as a condition of including them on the site.
• Travellers may also post their own reviews of Owners’ Properties (“Traveller Reviews”) on the site. If a Traveller wishes to post a message, leave a review or rate a property they are required to first create a user account providing the information requested.
• The Owner is given the opportunity to view Traveller Reviews, and to respond to them (an “Owner Response”). Please note that the Provider does not, and does not realistically have the ability to, verify the accuracy or otherwise of Traveller Reviews. The Owner’s sole remedy, and the Provider’s sole obligation, in the event that an Owner disputes any aspect of a Traveller Review is to permit the Owner to post an Owner Response to it.
• The Provider requires all Guestbook Comments, Traveller Reviews and Owner Responses to conform to the Content Guidelines, and may decline to post any of them that the Provider finds does not do so. In the event that any Guestbook Comment, Traveller Review or Owner Response appears on the site but fails to conform to the Content Guidelines, then without prejudice to any other available remedies, the Provider shall be entitled immediately to remove from the site the relevant non-conforming Guestbook Comments, Traveller Reviews and Owner Responses.

Termination

If the Provider determines, or an allegation is made, that

• Listings, postings or other content associated with an Owner/Traveller contain any material that infringes the Content Guidelines, the law, applicable regulations or the rights of any person or entity,
• An Owner/Traveller has submitted unsuitable material to, or misused, the site,
• An Owner’s listing or rental practices are unacceptable or unfair (for example, and without limitation, if an Owner double-books a Property for multiple travellers on the same date, or engages in any practice that would be considered unfair or improper within the holiday rental industry),
• The Owner/Traveller is in material breach of these Ts & Cs or any other obligations owed to the Provider, any Provider Affiliate or Traveller,
• An Owner/Traveller has been is abusive or offensive to any employee or representative of the Provider,
• An Owner/Traveller uses a false identity, or
• Anything similar to the foregoing has occurred in relation to any of the Provider Affiliates, then the Provider shall be entitled to terminate or delete either
  • any affected Listings,
  • all Listings associated with such Owner (including, for the avoidance of doubt, any Additional Paid Services relating to those Listings)
  • the Traveller’s user account and any relevant postings and reviews, immediately and without refund of Listing Fees or any other fees or charges paid. An Owner/Traveller or Listing that contravenes any of the above requirements shall be in breach of these Ts & Cs.

Note that the Provider assumes no duty to investigate complaints.

Rights and obligations of the Provider

• Provider shall be entitled to change the layout of this site at any time during the course of a Listing Term and without prior notice on the basis the change does not deny the Owner the value of the Listing Fee paid in relation to the relevant Listing.
• The Provider shall use commercially reasonable efforts to ensure that Property depictions on the site are as true and accurate a representation as practicable of the photographs of their Properties that Owners have submitted to the Provider. However, Owners/Travellers acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings. Further, Travellers also acknowledge that Owners – and not the Provider – are responsible for the accuracy with which the photos depict the relevant Property.
• The Provider may occasionally undertake upgrades of the site upgraded in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the site. The Provider will, where possible, aim to ensure that maintenance of the site that causes any such restriction is undertaken at a time when most Travellers’ usage is least affected.
• The Provider also provides an enquiry contact us form which serves to send messages from the Traveller to the Owner of the relevant Property. Travellers/Owners acknowledge that unauthorised third parties may misuse such messaging system and unlawfully intercept or read messages. The Provider is not liable for any such misuse.
• Each Traveller acknowledges that the Provider is not responsible for checking the identity, or for the behaviour of Owners or for establishing the nature, condition or existence of a Property
• The Provider may conduct identity checks and ask for proof to establish the existence of a Property. If the Provider – including as a result of information provided by Travellers – suspects that the Owner has supplied false information , the Owner acknowledges that the Provider is entitled to carry out identity checks on the Owner or to prove the existence of a Property; if requested to do so, the Owner agrees promptly (and in any event within any period requested by the Provider) to supply to the Provider such proof of identity or of a Property’s existence as the Provider requests. Each Owner acknowledges that failure to comply with any such request constitutes a breach of these Ts & Cs.
• The Provider complies with its data protection obligations . The Owner authorises the Provider to forward the Owner’s contact details, including telephone number, to Travellers in connection with a Property booking. The Privacy Policy provides further details. The Provider may, for the sole purpose to prevent fraudulent behaviour of a third party, give an Owner’s phone number to a Traveller.

Copyright and Intellectual Property

• All content that appears on this site, the site itself and any content that is sent out via email or post from SimplyCaravan Ltd, 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.
• Owners are permitted to download, display or print individual pages of the site or other content to promote their property themselves. The relevant file or the relevant printout must clearly bear the text “© Copyright 2013 – SimplyCaravan Ltd – All Rights Reserved”.
• Travellers are permitted to download, display or print individual pages of the site or other content site to evidence their agreement with the Provider. The relevant file or the relevant printout must clearly bear the text “© Copyright 2013 – SimplyCaravan Ltd – All Rights Reserved”.
• Where an Owner/Traveller submits to or transmits through the site any content of any type, including text or images, the Owner/Traveller undertakes that he has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or owners of featured items (’property release’).
• To the extent that Owners’/Travellers’ Listings, Reviews and other submissions may contain trademarks, Owners/Travellers declare that they have the right to use them, including sublicensing rights.
• By submitting reviews to the site, Travellers authorise the Provider to use them both on the site and in separately published form.
• By submitting any form of content to the site, the Owner/Traveller authorises the Provider and each of its Provider Affiliates to display and disseminate the content in connection with the performance of these Ts & Cs.

Further Rights and obligations of Owner and Travellers

• The Owner/Traveller shall submit truthful particulars about his personal identity in their accounts and profile pages and payment data.
• Owners should offer in Listings only Properties which the Owner is entitled to rent to Travellers.
• The forms made available by the Provider must be completed appropriately. In particular, the Owner is not permitted to advertise several Properties in one Listing or to change the Listing in such a way that a different Property or unit is included in it if the Owner has not subscribed to the corresponding Additional Paid Service.
• The Owner undertakes to present the Listing, including all information concerning the Property, fully and accurately. The Owner shall not give misleading particulars about the origin of any information, include details that may conceal the true source of any information.
• Owners/Travellers are required to keep their account login details secret and not to pass them on to third parties. The Provider will never ask Owners/Travellers to disclose this data. If Owners/Travellers are contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify the Provider of the situation via the contact us page. Should any Owners/Travellers notice that their account is being used by an unauthorised third party, they should immediately report the matter to the Provider via the contact us page and change their password.
• Owners/Travellers must not misuse the site’s email or messaging system. Messages sent via the Provider’s messaging system should only relate to serious booking enquiries. It is prohibited to misuse the Provider’s messaging system, such as by sending unsolicited commercial communications (spam).
• Owners/Travellers are responsible for ensuring that their content does not infringe the law or the rights of any person or entity. Content must not contain false information, personal insults, anything slanderous or defamatory, or anything that infringes copyright or data protection law.
• The Owner shall be obliged for charging, and accounting to the relevant authorities for, taxes (including, where relevant, VAT) on the payments they receive.
• The Provider reserves the right to transfer these Ts & Cs, and to assign or subcontract any or all of its rights and obligations under these Ts & Cs, to a third party but will not do so in such a way as to reduce any guarantees you are given to the Owner/Traveller under these Ts & Cs.

Indemnification

Owner/Traveller shall indemnify and hold Provider and each Provider Affiliate harmless against any claims by third parties brought against the Provider or any Provider Affiliate arising out of or in connection with any breach of these Ts&Cs on the part of the Owner/Traveller.

Prohibitions

The Owner/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 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 property rental adverts, or any subset of the same or which is in the business of providing holiday property rental services or other services that compete with the site or the Provider) 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 the Provider’s robots.txt file;
• Use the site for purposes other than those referred to in these 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 any contents or programs, which on account of their size or nature, might damage the Provider’s computers or networks;
• Include content on the site that breaches any applicable criminal or other laws, or encourages any such breach;
• Use or access the site 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 the Provider or any Provider Affiliate in any way that might lead someone to believe that the Owner, any Property, Listing or website is sponsored by, affiliated with, or endorsed by the Provider or any Provider Affiliate.

Messages & Notifications

• Any messages should be sent to the Provider using the contact us page or by post.
• Notices regarding infringements of copyright must specify the following:
  • Your address, telephone number and email
  • Detailed information about the content concerned (display of the image or text), including a link to the site;
  • A formal declaration showing that you
    • Are the holder of the exclusive user right to the work;
    • Have not authorised the use of the relevant material in this form.

The Provider’s limited liability

In no event will the Provider 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, your use of the site and/or any transaction between users, even if the Provider 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, you do not agree with any part of these Ts & Cs, then your sole and exclusive remedy against the Provider is to discontinue using the site. In all events, our liability, and the liability of any Provider Affiliate, to you or any third party in any circumstance arising out of or in connection with the Site is limited to the greater of (a) the amount of fees you pay to us in the six months prior to the action giving rise to liability, and (b) £100.00 in the aggregate. Nothing in these Ts & Cs shall exclude or restrict the Provider’s liability for death or personal injury resulting from its negligence; nor for the Provider’s fraud or fraudulent misrepresentation.

Governing Law and Entire Agreement

• These terms and conditions govern the relationship between SimplyCaravan Ltd, 38 Vicarage Rd, Orrell, Wigan, UK (“Provider”) and any user of this website and of the content or services available through it, including Owners and Travellers. The site SimplyCaravan.com is owned and operated by SimplyCaravan Ltd, 38 Vicarage Rd, Orrell, Wigan, UK.
• These Ts & Cs, and the relationship between the Owner, Traveller and the Provider, shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.
• These Ts & Cs contain the entire agreement between the Provider, Traveller and Owner relating to their subject matter.

Miscellaneous provisions

• The Provider recommends that the Owner/Traveller saves his/her own copy of these Ts & Cs in a separate file on its PC or in print-out form.
• The Provider’s failure to act with respect to a breach of these Ts & Cs by the Owner/Traveller or others does not waive the Provider ’s right to act with respect to subsequent or similar breaches.
• The invalidity of one or more provisions of these Ts & Cs shall not affect the validity of the other provisions.
• The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Ts & Cs.

Contacting Us

If you have any questions about these Ts & Cs, the practices of this Site, or your dealings with this Site, we encourage you to use the contact us page.