1. These terms
1.1 This agreement is between you the guest (“You” or “Guest”) and Discodog Limited trading as Edlets (“We”, “Us” or “Edlets”).
1.2 These terms and conditions will apply at any time when you use this website (“Website”) or our services (“Services”) and by continuing to use the Website or the Services you accept these terms and conditions (“Terms”) and they will apply to the agreement between you and us (the “Agreement”).
1.3 These Terms may be amended from time to time. Any amendments or new terms and conditions will be available on our Website and the terms and conditions on the Website at the time you enter into an agreement with us will be the ones that apply. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use our Website or Services you will be deemed to have accepted the new terms.
2. Enquiries and Bookings
2.1 If you wish to book any accommodation (“Accommodation”) advertised on the Website you will first need to make an enquiry as to its availability and suitability for your requirements (“Enquiry”) (or you may make a general enquiry; see clause 2.11 below). You may make an enquiry through the booking enquiry form on the Website or by calling us on the telephone number provided on the Website. By making an enquiry you are not making a booking (“Booking”) and you are under no obligation to complete a Booking for that Accommodation and neither we nor the owner of the Accommodation (“Host”) are under any obligation to provide the Accommodation to you merely as a result of an Enquiry.
2.3 You may include in your Enquiry any special requirements you may have but can offer no guarantee that a Host will be able to provide for such requirements. Please note that whilst Accommodation may be available for your required dates, a Host may be unable or unwilling to provide for your special requirements as well.
2.4 Your Enquiry will be relayed to the Host of the relevant Accommodation. The Host should respond to your Enquiry by confirming whether or not the Accommodation is available and the total price for the proposed rental of the Accommodation.
2.5 Please note that the agreement in relation to your rental of the Accommodation is between you and the Host and will be governed by the Host’s own terms and conditions (“Host’s Terms”). You should request to see the Host’s Terms and ensure that you are satisfied with them (in some circumstances we may be able to supply you with a copy of the Host’s Terms directly). We have no liability to you in relation to the Accommodation or your rental other than as set out in this Agreement.
2.6 When the Accommodation’s availability and total price payable is confirmed we will request an initial payment from you. This initial payment will represent part payment of the total price for the rental of the Accommodation. We are authorised by the Host to accept payment from you on the Host’s behalf. At the point we receive payment from you your Booking will be confirmed and you will have entered a binding agreement with the Host to rent the Accommodation on the given dates at the given price. We will send you confirmation of your Booking in writing by email.
2.7 The balance of the price payable in respect of your rental of the Accommodation will be payable directly to the Host in accordance with the Host’s Terms.
2.8 As an alternative to making an Enquiry in accordance with clause 2.1 above, you may choose to make a general enquiry setting out your requirements without reference to any particular Accommodation (“General Enquiry”). We will deal with your General Enquiry by selecting various Accommodations that we believe meet your requirements and contacting the Hosts. Those Hosts who have availability on the required dates will then respond as they would a normal specific Enquiry and your Enquiry and Booking will then proceed in accordance with clauses 2.4 to 2.7 above.
3.1 You agree that the Website is a platform for advertising properties owned, leased or managed by Hosts and we have no responsibility for the Accommodation other than to provide the Services under this Agreement which includes administering and confirming Bookings.
3.2 Whilst we endeavour to ensure the properties advertised on the Website are of a satisfactory quality we offer no warranty as to a Accommodation’s suitability for your requirements. Similarly, we will have relied on the Host for details about a Accommodation given on the Website and whilst we use reasonable efforts to verify the accuracy of such information we offer no warranty in relation to these details.
4.1 We are not responsible in any way whatsoever for the Accommodation, your rental or the fulfilment of your Booking. We do not act as agent for the Host. We do not have any proprietary interest in the Accommodation and merely provide a platform through which you can make a booking for the Host’s Accommodation. By making a Booking you are entering an agreement with the Host under which the Host is bound to provide you with the Accommodation, subject always to the Host’s Terms.
4.2 We recommend that before your stay at the Accommodation you read the Host’s Terms (if available in writing) or otherwise satisfy yourself as to the terms of your agreement with the Host. If you have any queries about the Accommodation, your rental or your Booking you may raise them with the Host directly or through our Website (any queries raised through our Website will be relayed to the Host). You should satisfy yourself that all queries have been answered before your rental.
4.3 Unless stated otherwise in these Terms, once we have confirmed your Booking we have no further obligation to you in relation to the Accommodation, your rental or your Booking and all responsibility lies with the Host.
4.4 We make great efforts to ensure that our Hosts offer a good service and provide their Accommodation to a high standard and we encourage you to contact us if you are unhappy with the Host but we accept no responsibility and will have no liability to you if the Accommodation or the services of the Host generally do not meet your requirements or you find them unsatisfactory in any way. Your right of action or claim in such circumstances will be against the Host.
5. The Rental
5.1 Your rental of the Accommodation will at all times be subject to the Host’s Terms.
5.2 During your rental period, if you have any concerns or queries about the Accommodation you must contact the Host (or their designated contact, if applicable).
5.3 Upon arrival at the Accommodation at the start of your rental period you should inspect the Accommodation and ensure you are satisfied that it meets the description on the Website. If you are not so satisfied you must contact the Host within 24 hours of the start of your rental period. We recommend that you also contact us as we may be able to find suitable alternative accommodation to satisfy your Booking.
5.4 If you cancel a Booking, the cancellation will be dealt with under the Host’s Terms. We shall be under no obligation to return any payments made to us which we will have received on behalf of the Host and shall have no liability to you whatsoever.
5.5 If a Host cancels your Booking before your rental of the Accommodation, the cancellation will be dealt with under the Host’s Terms and any refund to which you may be entitled will be the Host’s responsibility entirely. We shall be under no obligation to return any payments made to us which we will have received on behalf of the Host.
6. Your obligations
6.1 You must:
6.1.1 agree to observe and act in accordance with the Host’s Terms;
6.1.2 not use the Accommodation or deal with the Host in any way which could be deemed to be harmful to the business or reputation of Edlets or do anything which might adversely affect our relationship with a Host;
6.1.3 not attempt to contact a Host directly until a Booking has been confirmed;
6.1.4 not attempt to book any Accommodation advertised on our Website other than through the procedure described in clause 2;
6.1.5 provide us with accurate information and ensure that all details that we hold about you (including your email address) are up to date and valid;
6.1.6 use the Website in accordance with these Terms and not in any way which may affect the reputation of Edlets or the use and enjoyment of the Website or our Services by any other users or third parties;
6.1.7 only provide us with credit or debit card details for which you are the sole account holder.
6.2 You warrant that:
6.2.1 you have the power and authority to enter into this Agreement and any agreement with a Host for the rental of a Accommodation; and
6.2.2 you are at least 18 years of age.
7. The Website
7.1 Although we aim to offer you the best service possible, we make no promise that the services at this Website will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Website you should report it and we will attempt to correct the fault as soon as we reasonably can.
7.2 Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
7.3 The Website may provide content from other internet sites or resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the Website we will attempt to correct the inaccuracies as soon as we reasonably can.
7.4 As a convenience to you, the Website includes links to other web sites or material which are beyond our control. We are not responsible for content on any site outside the Website.
7.5 In addition to advertised properties, parts of the Website may contain advertising and sponsorship. We will always look to ensure that it is clear what content on the Website is an advertisement. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
7.6 We make no promise that materials on this Website are appropriate or available for use in locations outside the United Kingdom, and accessing this Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
8. Refusal to provide Services
8.1 We reserve the right to refuse to provide you with further Services in the future if you breach the terms of this Agreement or the Host’s Terms.
9. Your liability and indemnity
9.1 You agree to indemnify us for any claims or legal proceedings that may be brought against us and for any loss or damage we may suffer or incur as a result of :
9.1.1 your breach of the terms of this Agreement; or
9.1.2 your breach of the Host’s Terms; or
9.1.3 your actions in relation to the Services, the Website, the Accommodation or the Booking.
10. Our liability
10.1 We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any services we provide to you under, or in any other way connected with, this Agreement (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, wilful concealment or theft by Edlets or its employees or agents.
10.2 For the avoidance of doubt, the liability excluded under clause 10.1 includes any loss arising from your dealings with any Host or arising from the Accommodation and the details provided in its listing and we shall have no liability to you whatsoever for any act or omission of the Host in connection with the Accommodation, its listing or your Booking.
10.3 Our liability to you for all losses under this Agreement (subject to any liability in accordance with clause 10.3 below) is limited to the total amount paid by you to us under this Agreement and for the avoidance of doubt such total amount shall not include the balance payable to the Host in respect of a Booking after we have received an initial payment on behalf of the Host in accordance with clause 2.9.
10.4 No claim may be brought against us in relation to this Agreement more than 12 months following the Booking to which the claim relates.
10.5 Nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or for fraud or fraudulent misrepresentation by Edlets or its employees or agents.
10.6 You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our Services include only the provision of the Website and Services and responsibility for the Accommodation and fulfilment of a Booking lies solely with the Host for whom we act only as an agent in a limited capacity.
11. Intellectual Property
11.1 The content of the Website is protected by copyright, trade marks, database right and other intellectual property rights (“IP Rights”) and all such IP Rights are owned by Discodog Limited or are properly licensed to us by our licensors. The IP Rights in the Website shall remain the property of us or our licensors.
11.2 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our written permission.
11.3 You agree that any comments, communications, ideas or other materials or information (“Customer Information”) that you may provide to us through or in relation to the Services and the Website is provided on a non-confidential basis. Furthermore, you agree that any Customer Information you provide will be deemed to be our property once supplied to us and you assign all and any intellectual property rights that may exist in the Customer Information to us. We will be under no restriction in relation to the Customer Information and may use it as we see fit.
12.1 You agree that we may monitor and record phone calls and messages sent via email or via our messaging system on the Website. This is done for training purposes and to help us improve our service. We may also use call recordings or emails as evidence in the event of a dispute or if we suspect any fraud may have been committed.
12.2 Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.
12.4 Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery, registered post, fax or email to the address of the relevant party shown on at the start of this Agreement or such other physical or electronic address as may be notified by one party to the other.
12.5 No term of the Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
12.6 We will be entitled to assign or sub-contract our obligations under this Agreement.
12.8 If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
12.9 No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement. No right, power or remedy in this Agreement conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.
12.10 Headings contained in this Agreement are for reference purposes only and should not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
12.11 This Agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.