Private - Standard Terms and Conditions – Advertising of a Static Caravan by a Consumer
These terms and conditions apply if you are a consumer. If you are in business or where you hold yourself out to a third party as being in business and wish to list a caravan for sale, different terms and conditions apply and those can be found here.
By submitting an advertisement to the www.myholidaycaravan.co.uk website, you are deemed to have accepted these terms and conditions. These terms and conditions and the contract of which they form part shall be governed by English law. All references to "you" and “your” refer to the user applying to list an advertisement for a caravan on the www.myholidaycaravan.co.uk website. All references to the "website" refers to the www.myholidaycaravan.co.uk internet site. All references to “we” or "us" refers to the Lead Advisory Company Limited (a company registered in England under number 05374791) whose registered office is at Towngate House, 2-8 Parkstone Rd, Poole BH15 2PW ) trading as My Holiday Caravan.
Listing of Advertisement
We will list your advertisement as an advertisement by a consumer sale on the “static caravans for sale’’ tab of the relevant holiday park listed on the website. You confirm that your transaction is a bona fide advertisement for a static caravan for sale by a consumer.
Cancellation of Advertisement prior to Listing
You may cancel the listing of the advertisement at any time prior to the advertisement being listed on our website and for any reason by giving us notice so to do. You can do so by logging into the online account facility, which can be found here. In such circumstances, we shall refund in full any payment which we have taken from you.
Duration of Listing
We will list your advertisement on the www.myholidaycaravan.co.uk website until you request the removal of the advertisement or until we remove the advertisement in one of the circumstances below. You can request the removal of the advertisement at any time by logging into the online account facility, which can be found here.
We may email you (to the e-mail address which you have registered with us) from time to time in order to check that your static caravan is still for sale. We will withdraw your advertisement if you respond by requesting us to do so. We may withdraw your advertisement if you fail to respond to such an email within seven (7) days of the date of the e-mail. It is your responsibility to ensure that you keep the e-mail address which you have registered with us up to date. You are at all times responsible for any e-mails sent to us from your registered e-mail address.
You can stop the listing of your advertisement at any time by logging into the online account facility and requesting that we remove the listing of your advertisement, to do so please click here.
We reserve the right to remove the advertisement forthwith where you breach this Agreement. Where we do so we shall notify you accordingly.
We reserve the right to withdraw your advertisement for any reason by giving not less than seven (7) days’ notice so to do by email. Where we remove your advertisement pursuant to this paragraph and within the first six months of it being listed on the website (but not otherwise) we shall refund you the sum of three pounds (£3.00) for each complete month (within the first six months of listing) for which the advertisement is not on the website. In no other circumstances, save as provided in this paragraph, will you be entitled to a refund of monies after we have published your advertisement.
Private advertisements (for non-commercial gain) are charged at £99.99 (inclusive of VAT) per advertisement. You are liable to pay us this sum in full when you apply to list the advertisement.
If you cancel an advertisement and want to re-list the advertisement on our website, you must pay a further charge of £99.99 (inclusive of VAT).
Processing your advertisement
You can upload and pay for your advertisement online simply click here.
You may feature only one caravan in each advertisement.
When you place your request for a listing you are making a contractual offer to us. We may take payment from you at that time, or any subsequent time, but the taking of that payment (and the formation of any contract) is subject to the condition precedent of our accepting your advertisement for listing. After we have received your offer, (i.e. after we have received your request for a listing) we will send you an acknowledgment of receipt by e-mail.
We will then advise you by email as to whether or not we are able to accept your advertisement. We endeavour to do so within 72 hours of your request for listing, however time is not of the essence for this obligation or any other obligation that we have pursuant to this contract. Where we accept your advertisement, we will send you a confirmation email with your account details and a link to the live advertisement. The sending of that e-mail by us is the acceptance of your offer.
Where the holiday park at which your caravan is situated or otherwise associated with is not currently listed on our website, a delay may ensue before we are able to notify you whether or not we can accept your advertisement. We always endeavour to list your caravan even if it is at a caravan park not already listed by us, however we do not guarantee that we will do so.
We are not bound to accept any advertisement you send us. If we do not accept your advertisement, we shall notify you accordingly and refund any payment you may have made. Without limitation, we may reject your advertisement if we believe that your advertisement is not a bona fide advertisement for a static caravan for sale by a consumer or is not otherwise in accordance with the provisions of this contract.
No contract will exist between you and us until your request to list an advertisement has been accepted by us.
Material in the Advertisement
As a condition of your contract with us, you agree to observe and fulfil the following three Requirements (the "Requirements"):
The material for the advertisement (including without limitation the text and photographs) you supply must be accurate, legal, decent, honest and truthful and must comply with the British code of Advertising, a copy of which can be found here.
You must own the copyright in that material or have a sufficient licence from the copyright owner which allows us to use the material in an unrestricted manner on our website in your advertisement.
You agree to waive (or to arrange for the waiver of) any moral rights that you or any third party may have in the advertisement (including without limitation in the text and photographs).
We reserve the right to amend the advertisement to ensure compliance with the Requirements, but shall be not be obliged to do so. We may not accept your request to list the advertisement on our website where we believe that you have not complied with the Requirements, but any acceptance by us shall not be taken as a confirmation or verification that you have complied with the Requirements: you will at all times remain solely responsible for ensuring that the Requirements have been complied with.
We reserve the right to amend the text or photographs supplied to us to ensure they meet our technical specifications, but shall not be obliged to do so. Any failure by us to amend the text or photographs shall in no way reduce your obligation to ensure that the advertisement (including without limitation any text and photographs) is accurate, legal, decent, honest and truthful and complies with the British Code of Advertising. Accordingly, you are solely responsible for and will indemnify us in respect of any losses, expenses or other costs incurred by us or a third party arising from a breach of this obligation or any of the Requirements.
Payments & Security
We accept payments only by Visa or MasterCard debit or credit card. All payments must be effected via our website.
For more information on our electronic payment provider see click here.
You can send us questions about payments by email to email@example.com or you can telephone our customer service centre on 01590 641 526.
If you do not receive a confirmation email immediately after payment is made, it may have failed. Please then contact us by email at firstname.lastname@example.org or telephone our customer service centre on 01590 641 526.
Once you have applied to list an advertisement and paid for it, and provided that we do not require any supplementary information, we will use our reasonable endeavours to publish the advertisement on our website within 72 hours. We may need to contact you for supplementary information before we are able to publish the advertisement. If that is the case, we will do so by email to the email address which you provided. Any delays in responding to this request may further delay the publishing of your advertisement.
It is your responsibility to keep us appraised at all times of any change in your contact details. You can do so by logging into the online account facility, which can be found here.
You can edit the advertisement (including without limitation the text and photographs) at any time by logging into the online account facility, which can be found here.
For assistance at any time please email our customer service team at email@example.com or by telephone via our customer service centre on 01590 641 526.
We and our sub-contractors carry out routine and non-routine maintenance and service of servers and equipment.
We use our reasonable endeavours to keep disruption and “down-time” to a minimum. Nevertheless, we do not guarantee that the advertisement will be continuously available at all times or that the website will be available at all times.
Our liability for breach of contract or negligence howsoever arising shall not exceed an amount equal to the price of the advertisement involved, provided that nothing in this contract shall limit our liability for death or personal injury caused by our negligence or that of our servants or agents.
Law and Jurisdiction
You agree that English law shall govern the formation and construction of this contract and any other matter or dispute relating in any way to the subject matter of this contract. You agree to the non-exclusive jurisdiction of the English courts in respect of all aspects of this contract.
To protect your privacy, we do not publish any of your personal details on your advertisement apart from your telephone number, which we publish only if you tick the relevant consent box which is clearly marked when placing your advertisement. We only publish information included in your actual advertisement fields including;
Telephone Number – Only if your consent given is given.
Third parties who express an interest in your advertisement are requested to complete a form on the website, which we will subsequently forward to you by email to your specified address. Where you have agreed to include your telephone number in your advertisement, you may also receive telephone calls from Third Parties who express an interest in your advertisement.
Our general website Terms & Conditions also form part of this contract. They can be viewed if you click here.
You acknowledge that in entering into this contract you have not relied upon any representations other than those reduced to writing in this contract. The provisions of the previous sentence shall not apply to any fraudulent misrepresentation.
Save in so far as we may grant a waiver in writing, the failure by us at any time to enforce a provision of this contract shall not be deemed a waiver of such provision or of any other provision of this contract or of our right thereafter to enforce that or any provision of this contract.
A third party who is not a party to this contract shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of this contract.
We may make updates and modifications to these Terms and Conditions of Use from time to time. Please ensure you check these Terms and Conditions of Use each time you access or use the website, to see whether we have made such an update or modification.
The contract is personal to you. We may, but you may not, assign the contract to a third party. We may subcontract our obligations under this contract, but shall remain liable to you to perform those obligations.
Except in respect of a payment obligation, neither of us will be liable for any failure to perform any obligation to the other due to causes beyond our respective reasonable control. Such causes shall include, without limitation, war, riot, civil commotion, fire, flood, earthquake, epidemic, inability or delay in obtaining supplies of materials, strike, lock-out or other industrial action or trade dispute (whether or not involving our work force or the work force of a third party), or breach of an obligation owed to us by a subcontractor.
The headings to the sections of this contract shall not affect the construction of this contract.
In this contract where the context so admits and requires the same the use of the plural shall include the singular and the use of the singular shall include the plural.
In this contract references to the masculine, feminine or neuter genders shall include each and every gender.