Trade - Standard Terms and Conditions – Advertising of Caravan Parks & Caravans
These terms and conditions apply if you are in business or where you hold yourself out to a third party as being in business. If you are a consumer, and wish to list a caravan for sale on a private basis, 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 business applying to list an advertisement for a caravan or a caravan park 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 (i) (in the case of a caravan for sale) as an advertisement by a business on the “static caravans for sale’’ tab of the relevant holiday park listed on the website or (ii) (in the case of a caravan park) as a caravan park on the relevant county page of the website. You confirm that your transaction is a bona fide advertisement by a business for a static caravan for sale or for a caravan park (as the case may be).
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.
We may email you (to the e-mail address which you have registered with us) from time to time in order to check that you still wish to advertise your caravan park. 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.
In respect of an advertisement for a caravan park, you can request the cancellation of the listing of your advertisement at any time by sending us an e-mail to firstname.lastname@example.org.After you have sent this request we will cease to take any further payment which falls due on or after the seventh day after you make the request (the day after you make the request counting as the first day). After you have made this request we will remove your advertisement as soon as practicable and normally on or before the seventh day after you make the request.
We reserve the right to remove the advertisement forthwith where you breach this Agreement. Where we do so we shall notify you accordingly and cancel any future payments which you are scheduled to make.
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.
In no circumstances will you be entitled to a refund of monies where we remove or withdraw your advertisement.
Business advertisements (those for commercial gain) are charged at £149.00 (inclusive of VAT) per advertisement of a caravan park per monthly period for a listing. In this Agreement “monthly period” means a period of every 31 days. Accordingly, there are 11.7742 “monthly periods” in a non-leap year of 365 days.
Up to two hundred and fifty (250) caravans can be listed [at any one time] as “for sale” under the listing in the website of a caravan park. A caravan cannot be listed for sale except by reference to a caravan park that is listed on the website.
We permit you to send us a feed of your caravans which are to be advertised for sale (in an .xml format specified by us) on a daily basis. This enables us to automatically integrate those caravans on the relevant page of the website.
If you cancel an advertisement for a caravan park and subsequently want to re-list the advertisement for that caravan park on our website, we will not give you any credit for any outstanding period for which you may have previously paid for the advertisement to be listed.
Processing your advertisement
You can find out how to advertise if you click here
You may feature only one caravan park in each advertisement and up to two hundred and fifty (250) caravans can be listed at any one time as “for sale” under the listing in the website of a caravan park. A caravan cannot be listed for sale except by reference to a caravan park that is listed on the website.
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. Where your advertisement relates to a caravan, we endeavour to do so within 72 hours of your request for listing. Where your advertisement relates to a caravan park, we usually need to contact you and seek further information, we will endeavour to initiate contact with you within 72 hours of your request for listing. However time is not of the essence for these or any other obligations 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.
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 by a business for a static caravan for sale or for a caravan park (as the case may be).
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.
Cancellation of Advertisement prior to Listing
You may also 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. Where the advertisement is for a caravan, you can do so by logging into the online account facility, which can be found here. Where the advertisement is for a caravan park, you can do so by sending us an e-mail to email@example.com. In such circumstances for a caravan or caravan park, we shall refund in full any payment which we have taken from you.
Payments & Security
We will forward an invoice to you at the end of each calendar month. Your payment of that invoice is due within 30 days [of the date of that invoice].
You can pay by bank transfer to the account details given on the invoice. Alternatively, you can pay by Visa or MasterCard debit or credit card using the link provided on the invoice.
If we do not receive payment within this 30 day period we reserve the right to remove the listing of the advertisement forthwith, without notifying you first. If we do so, we shall notify you by e-mail (to the e-mail address that you have registered with us) as soon as we are reasonably able to do so thereafter.
You can send us questions about payments by email to firstname.lastname@example.org or you can telephone our customer service centre on 01590 641 526.
If you do not receive a notification email immediately after payment is made, it may have failed. Please then contact us by email at email@example.com or telephone our customer service centre on 01590 641 526.
Once you have applied to list an advertisement for a caravan 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.
Where the advertisement is for a caravan, you can edit the advertisement (including the text and photographs) at any time by logging into the online account facility, which can be found here. If you have a premium listing, you can also edit the advertisement at any time by changing the .xml feed which you send us.
Where the advertisement is for a caravan park, you can edit the advertisement (including the text and photographs) at any time by logging onto the online account facility, which can be found here.
For assistance at any time please email our customer service team at firstname.lastname@example.org 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.
To the maximum extent permissible in law, all conditions and warranties which are to be implied by statute or otherwise by general law into this contract or relating to the services provided by us are hereby excluded.
The provisions in this “Liability” section set out our entire liability to you in respect of:
a breach of our contractual obligations;
a tortious act or omission for which we are liable;
an action arising out of a misrepresentation made by us or on our behalf, arising in connection with the performance or contemplated performance of this contract.
Our liability to you howsoever arising shall not exceed in the aggregate, in respect of all advertisements placed by you for a caravan park and all the caravans for sale listed (or intended to be listed) and which are situated at or otherwise associated with that caravan park, an amount equal to the Limitation Amount. In this clause, the “Limitation Amount” means, where that caravan park has a “Standard Listing” the sum of £990.00 and where that caravan park has a “Premium Listing” the sum of £1,490.00.
We shall in no circumstances be liable to you for any pure economic loss, loss of profit, loss of use of trade marks, loss of business or like loss.
We shall in no circumstances be liable to you for any indirect loss.
Notwithstanding anything to the contrary contained in this contract, our liability to you for:
death or personal injury resulting from our negligence or that of our servants or agents;
any loss or damage which we are not permitted by law or to restrict or exclude; or
fraud, shall not be limited.
The validity or unenforceability of any part or clause of this contract shall not affect the validity or enforceability of any other part of this contract.
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. 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.
Additional details may be published on you park or caravan advertisement only if requested by the advertiser.
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. You may assign this contract only if you have our prior written agreement. 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.