Terms and Conditions of Advertising
THE ADVERTISER warrants that he/she
- Has the authority to accept these Terms and conditions and has the legal
right to offer the property or properties (the subject of the Advert/s) for
rent.
- If an Agent or acting on behalf of a third party - is authorised by the
third party to place the Advert with lamangadreams.co.uk and will
indemnify lamangadreams.co.uk against any claim made by the third
party against lamangadreams.co.uk arising from the publication of
the Advert.
Advert content
It is THE ADVERTISER’s responsibility to
ensure that:
- The Advert doesn’t breach any agreement or infringe or violate any
copyright, trade mark, or any other personal or property of any person or
render lamangadreams.co.uk liable to any proceedings whatsoever;
- the Advert and any other information supplied is legal, decent, honest and
truthful and complies with the rules of English national law and international
codes and all other such relevant codes and legislation as may be
appropriate.
Currency of information
- THE ADVERTISER will use his/her best endeavours to maintain up to date and
accurate the availability of the property. This is a key issue and central to
the public’s perception of the website’s reliability.
- THE ADVERTISER will use his/her best endeavours to maintain up to date and
accurate the information provided about the local amenities.
- THE ADVERTISER will notify lamangadreams.co.uk immediately if
the property ceases to be available for rent for any reason whatsoever. In
such case lamangadreams.co.uk will remove the Advert. No fee will
be refundable.
Rental Prices
- The prices advertised in the Advert for rental of the property must not
exceed the price of the same property as it may appear in any other advert or
other medium.
Testimonials
- The testimonials supplied by THE ADVERTISER must be genuine and on request
able to be authenticated through direct contact with the holidaymaker.
Changes to the Advert
- THE ADVERTISER may make changes to the Advert whenever he/she wants. All
changes, except the updating of availability, have to be authorised
by lamangadreams.co.uk before going live.
- THE ADVERTISER may not alter the Advert to advertise another
property.
Advert design
- lamangadreams.co.uk reserves the right to edit, amend and,
where necessary, translate any material supplied.
- lamangadreams.co.uk reserves the right to determine the layout
and design of the adverts and all material appearing on its website.
- lamangadreams.co.uk reserves the right to determine the design,
structure and functionality of its website.
Acceptance and liability
- lamangadreams.co.uk has the right and sole discretion to
decline to publish, suspend, remove or change the position of any Advert;
- It is THE ADVERTISER’s responsibility to check the accuracy of the
Advert. lamangadreams.co.uk doesn’t accept responsibility for any
mistakes or errors whatsoever that arise during the course of publication of
any Advert.
- lamangadreams.co.uk will use its best endeavours to reproduce
faithfully and, in the case of any material which is submitted
to lamangadreams.co.uk in Spanish, translate
accurately. lamangadreams.co.uk will not be responsible for any
loss whatsoever caused directly or indirectly by any error or omission. If THE
ADVERTISER has any complaint in relation to the editing or translation of an
Advert he/she must notify lamangadreams.co.uk of the same within 28
days of the Advert appearing on the website.
- While lamangadreams.co.uk will make every effort to take care
of and return in perfect condition any materials supplied by THE ADVERTISER,
they cannot be held liable for any loss of copy, artwork, photographs, data or
other materials supplied by THE ADVERTISER.
- In no event shall lamangadreams.co.uk be liable to THE
ADVERTISER whether arising under this Agreement or in tort (including
negligence or breach of statutory duty), misrepresentation or however, arising
, for any Consequential Loss. Consequential loss includes things like losses
you might incur for business interruption.
- lamangadreams.co.uk is total liability (whether in contract, tort or
otherwise) under or in connection with this Agreement or based on any claim
for indemnity or contribution shall not exceed 100 per cent of the total Fees
(excluding any VAT, duty, sales or similar taxes) of the subscription year in
progress.
- lamangadreams.co.uk does not warrant that its website will
never be interrupted or free from error.
Complaints
- lamangadreams.co.uk shall be entitled to suspend the Advert
from the website upon receipt of any complaint which it considers sufficiently
serious to warrant investigation or is potentially damaging
to lamangadreams.co.uk reputation. It will notify THE ADVERTISER in
writing. lamangadreams.co.uk will investigate any such complaint
within a reasonable time and will not reintroduce the Advert until satisfied
the issue giving rise to the complaint has been rectified.
- lamangadreams.co.uk reserves the right to carry out an
inspection of the property upon giving reasonable prior notice.
- lamangadreams.co.uk reserves the right to delete or modify any
information relating to the local amenities provided by THE ADVERTISER
where lamangadreams.co.uk is notified of a complaint and upon
reasonable enquiry lamangadreams.co.uk considers the complaint to
be justified.
Intellectual Property
- lamangadreams.co.uk retains all right, title and interest in
and to the content of its website, including without limitation copyrights,
trademarks, database rights and other intellectual property rights.
- lamangadreams.co.uk is permitted to reproduce part or all of
the photographic images supplied by THE ADVERTISER in its efforts to promote
the house and/or lamangadreams.co.uk .
- THE ADVERTISER grants lamangadreams.co.uk a license to use the
information concerning local amenities and facilities supplied by THE
ADVERTISER in any form, in any medium and for use in any country and to
license others to do the same. This license shall survive any expiry of the
Advert.
- Any ideas concepts, know-how, techniques or new products developed
by lamangadreams.co.uk or obtained during the execution of the
services will be owned exclusively by lamangadreams.co.uk .
Termination
If THE ADVERTISER asks to have the Advert removed for whatever
reason, lamangadreams.co.uk will take it off the website within one
month of notification. No refund will be payable.
- lamangadreams.co.uk may terminate this Agreement immediately by
notice in writing to THE ADVERTISER in the event that:
- THE ADVERTISER
breaks any of these terms and doesn’t remedy it within (14) fourteen days
after receipt of a notice in writing requiring the default to be
remedied.
- Any of the warranties or representations made here by THE
ADVERTISER are false or inaccurate in any material way; or
- The Advert
breaches the rights of any third party or is prejudicial to our
interests.
- THE ADVERTISER
will give the agent - lamangadreams 90 days notice in writing to terminate there contract, in the event that the agent has been able to gain bookings for there property the owner will honour any bookings during the 90 day notice
Indemnity
THE ADVERTISER undertakes
to lamangadreams.co.uk that he/she will, without prejudice to any
other right of action which lamangadreams.co.uk may have, at all
times keep lamangadreams.co.uk fully and effectively indemnified
against any liability (which liability shall include, without limitation, all
losses, costs claims, demands, actions, damages, legal and other professional
fees and expenses on a full indemnity basis)
which lamangadreams.co.uk may suffer or incur as a result of
the Advert the infringement of any intellectual property rights of any third
party or by reason of any breach or non-fulfilment of any of THE ADVERTISER’s
obligations contained in the Terms and conditions.
Data
Protection
Each of us undertake to comply with our obligations under
the Data Protection Act 1998.
Third Parties
Neither
these Terms or any document signed by each of us is intended to be enforceable
pursuant to the Contracts (Rights of Third Parties) Act
1999.
Law
These conditions are governed by English
law.
www.lamangadreams.co.uk