Applicable Terms
EdinburghGuide.com is owned
by Alstead Consulting Ltd
("the Publisher"). Orders placed for inclusion in the Publisher’s
accommodation Listings (“the Listings Database”) shall be subject
to these terms and conditions.
Use of Publisher’s Listings
The Listings Database allows an Accommodation Provider, its agents and representatives
(henceforth referred to as “the Accommodation Provider”) to
post detailed current information about a hotel, guest house, bed and breakfast,
hostel, camping site or other accommodation (“the Listing”)
on the Publisher’s web site. The Listing includes an accommodation’s
address, web site, telephone number, location, photographs, facilities,
availability, prices and other relevant information which internet users
can then search on through the Listings Database.
The Accommodation Provider represents that it has full authority and/or license to publish the accommodation details and media submitted to the Publisher including without limitation the names, portraits and/or pictures of living persons or property, any copyrighted material and any testimonials contained in the Listing. The Publisher cannot be held responsible for any inaccuracies of information the Accommodation Provider includes in its Listing. The Accommodation Provider is responsible for the truthfulness and accuracy of its Listing.
Contract Formation and Duration
Upon the Publisher accepting the Accommodation Provider’s Listing,
a contract shall be made between the Accommodation Provider and the Publisher.
By logging into its account, the Accommodation Provider acknowledges acceptance
of this agreement. The period of the contract shall be one calendar year
from the day of Publisher’s acceptance of the Accommodation Provider’s
Listing, unless otherwise agreed between the Accommodation Provider and
Publisher in writing. During the period of the contract the Accommodation
Provider can choose to deactivate and then reactivate that same Listing
at no added cost.
The Accommodation Provider can list one or multiple Listings after registering for a Listings account, but it should be noted that each Listing incurs a separate fee after being activated for the first time.
Duplicate Listings are not permitted, except where a property fits into two separate categories, in which case a second Listing will be allowed in each category at the Publisher's discretion. The second Listing will incur a second fee.
There is no fee for registering a new account with the Publisher or for creating Listings that are not activated. Please see the Fee Schedule for the current rates, as these may change from time to time. Formation of this contract shall be deemed to be made in Scotland.
Payment
The Accommodation Provider shall pay the Publisher the Listing fee by credit
or debit card on the web site at the time of activating a Listing or by
cheque within seven days. Publication of the Listing by the Publisher will
be made within seven days of receipt of full payment. Failure to make full
payment as required by this contract may be deemed by the Publisher as a
fundamental breach of contract.
Improvements
The Publisher reserves the right to make changes to the Listings Database
from time to time in the interest of improving the service for either Accommodation
Providers or internet users. The Publisher also reserves the right to remove
any material that is deemed defamatory, misleading, abusive, obscene, threatening,
unlawful, or deemed otherwise inappropriate by the Publisher.
In the interests of maintaining accuracy and consistency across the Listings, the Publisher reserves the right to edit a Listing where the Publisher's guidelines for a Listing have not been followed. Where the Publisher makes a significant change to the Accommodation Provider's listing, the Publisher, at his discretion, will notify the Accommodation Provider of the change by electronic mail.
Indemnity
The Accommodation Provider agrees to indemnify and hold the Publisher harmless
from any claim or demand made by any third party due to or arising out of
the Accommodation Provider’s breach of this agreement or the documents
incorporated herein by reference, or the Accommodation Provider’s
violation of any law or the rights of a third party.
No Warranty
The Publisher provides the Listings Database "as is" and without
warranty or guarantee of any kind, unless specifically required by law.
Liability Limit
The Accommodation Provider’s exclusive remedy against the Publisher
will be the removal of the Listing from the Listings Database.
Privacy and Disclosure of information
When the Accommodation Provider first registers for an account, the Publisher
collects information to process the order and to ensure a high quality service.
The Accommodation Provider’s information will not be passed on to
a third party in compliance with the Data Protection Act. For more on the
Publisher’s privacy policy go
here.
Force Majeure
If performance of this agreement is delayed or prevented by any cause or
causes beyond the Publisher’s control the Publisher shall be entitled
to terminate the agreement or suspend his duty to perform for as long as
the circumstances amounting to force majeure continue. Force majeure circumstances
shall include but without limitation adverse weather conditions, industrial
action, war, fire, accidents, breakdown in machinery or plant and shortage
of materials or labour. The Publisher shall not be liable for any costs
arising out of termination of the agreement or suspension of its duty to
perform under this clause.
Notices
Any formal legal notices shall be sent by the Accommodation Provider to
the Publisher and by the Publisher to the Accommodation Provider by email
and confirmed by post.
Jurisdiction
These terms and conditions shall be governed by Scots law and are subject
to the exclusive jurisdiction of the Scottish Courts.