Terms and Conditions of advertising
The basis upon which we accept advertising in the accommodation listing websites that we publish
Goholidays Ltd is referred to as the Publisher in these terms and conditions. The Advertiser refers to the person or entity who owns or operates the property, or their authorised agent who utilises the advertising provided by Goholidays Ltd websites. Advertising in holiday accommodation directory websites published by Goholidays Ltd, including publications within the internet domains stayinwales.co.uk and bookwithowner.com - here also referred to as Distribution Channels - where response is configured to be delivered to the Advertiser, is subject to these terms and conditions.
1 – Basis of service
(a) The Publisher operates advertising services through the distribution of information on the internet. Advertising subscription fees charged are entirely 100% for the inclusion of the Advertiser's content in one or more of the Distribution Channels for a fixed period agreed between the Publisher and the Advertiser.
(b) The Advertiser is solely and entirely responsible for the text and image content of their advertisement. The Publisher is not responsible for the creation of text content of new advertisements or amending the text content of existing advertisements.
(c) None of the fees charged (0%) are either for the provision of online update facilities, or for the provision of support for Advertisers making use of any online update facilities.
(d) Whilst the Publisher may at his discretion make available online content management facilities, support for these is not necessarily provided. The Publisher may withdraw such online content management facilities, or revise their scope and functionality at any time and without notice. Any online content management facilities are provided 'as is' and the Publisher does not enter into correspondence on any aspect of such facilities.
(e) Should the Advertiser choose to make use of available online content management facilities, the Advertiser confirms that it understands the general principles of use of the internet, including knowledge of how to use web browser software including forms, cookies and browser caching, and how to use an e-mail programme to receive and send e-mail messages.
(f) To minimise the expenditure of staff time on non-financed services, the Publisher will not respond to communications received by e-mail, telephone, post or in person regarding issues which are beyond the scope of the service provided.
(g) The advertising services are provided on the basis described by the Publisher, at the prices charged by the Publisher. Unsolicited proposals or requests by Advertisers, or prospective Advertisers, for variance of the basis of the service or the price charged will not be considered by the Publisher. The Publisher does not enter into correspondence relating to such proposals or requests.
(h) Support which could fairly be described as user training or consultancy will under no circumstances be provided. In cases where either are required, it is recommended that those requiring such services locate a suitable training provider or consultancy to fulfil their requirements.
(i) The Publisher makes no guarantee that any specific search engine position will be acquired or retained for any particular page of the Distribution Channels. The Advertiser accepts that the number of views of the advertisement and the number of enquiries generated by it may vary over time. Correspondence about website traffic creation and website traffic statistics will not be entered into.
(j) The Advertiser understands and agrees that the Publisher may vary the advertising rate based on his (the Publisher's) evaluation of the quality of content in the advertisement, on the quantity of the content in the Advertiser's advertisement (where the Publisher considers at his discretion that the content is of good quality), and where he (the Publisher) considers at his discretion the completeness of use of the features provided in the online content management area (fastupdate.co.uk) by the Advertiser, and where he (the Publisher) considers at his discretion the frequency of use of the features provided in the online content management area (fastupdate.co.uk) by the Advertiser. The Publisher's evaluation of content quality and usage of the content management facilities is not open for discussion. [Please note that the Publisher endeavours to provide Advertisers at all times with guidance on what he considers to be good quality content, and the means to ensure that content is always of good quality.]
2 – Payment
(a) Unless specifically authorised by a GoHolidays Ltd manager, credit is not provided and payment must be made before the Publisher provides any of the services offered. This applies to advertising distribution and also to additional services including web link in advertisement, picture processing and upload, offers credits, as well as any other services which the Publisher may choose to offer in the future. Advertising rates are shown on the 'Advertising information' page of each of the Distribution Channels. Prices for additional services are shown on the order form for the services in the online content manager, and can also be requested from the Publisher by e-mail or phone.
(b) The Advertiser understands and agrees that published prices are not open to negotiation. The Advertiser agrees not to dispute prices charged for services provided. The Advertiser agrees not to request provision of services at a price other than the published price for the service.
(c) If an Advertiser requests a service not described on the advertising information page of the Distribution Channel, the Publisher does not necessarily undertake to offer such a service. The decision to provide or not provide a requested service will be taken by a GoHolidays Ltd manager. If a GoHolidays Ltd manager agrees to provide a requested service, a quotation for the price for provision of the service will be supplied to the Advertiser, and if the Advertiser accepts the quotation, full payment for the service will be required prior to the service being provided. All prices quoted or charged by the Publisher are exclusive of VAT which (where applicable) will be charged at the prevailing rate from time to time.
(d) A Goholidays Ltd manager may from time to time extend credit to an advertiser. In such cases, the Advertiser agrees to settle the invoice within a maximum of 14 days after the date of issue, which is displayed on the invoice. If the Advertiser fails to send payment which reaches the Publisher within 14 days of the date upon which the invoice was raised, the Advertiser agrees to pay any fees which the Publisher charges for the pursuance of overdue payments, levied at an hourly rate charged per full hour which the Publisher chooses, in accordance with UK Late Commercial Payments legislation, plus statutory interest at 8% per month plus Bank of England base rate for the date when the invoice was raise. Should any sum remain outstanding later than 14 days from the creation of an invoice on a the account of an advertiser, the Publisher retains the right to discontinue the distribution of any advertising placed by the Advertiser, including any other advertising for which payment has been already made, until the overdue amount has been paid. The Publisher reserves the right to withdraw any discount which has been applied to invoices which are overdue, and change the amount to the standard published advertising rate.
3 – Communications about the service
(a) It is the policy of the Publisher to communicate by e-mail wherever possible. Advertisers agree to receive relevant notices about the advertising or their account by e-mail as and when appropriate, and where response is required, to reply within seven days of receiving the e-mail.
(b) Invoices and receipts for advertising are sent by e-mail. These can also be retrieved from the advertiser content management system. A printed copy, sent by post, is available on request, price of £1.50.
(c) Correspondence is not entered into on operational issues.
4 – Acceptance
(a) The Publisher accepts advertisements in good faith and requires Advertisers to provide an accurate description of their property. Advertisements should comply with UK legislation including (without prejudice to the generality of the foregoing) the Trade Descriptions Act 1968 (covering false descriptions) and the Consumer Protection Act 1987 (covering misleading prices).
(b) The Advertiser accepts full responsibility for the content published in their advertisement, undertakes to check the accuracy at least four times per year, and agrees to fully indemnify the Publisher forthwith on demand against any action, claim, loss, demand, expense and/or proceedings which the Publisher may suffer or incur or which may be made or brought against it by any third party arising out of or otherwise in connection with any advertisement submitted by the Advertiser (including, but without prejudice to the generality of the foregoing, arising as a result of any misrepresentation through an inaccurate description of the relevant property in the advertisement).
(c) The property or properties described in an advertisement must be owned by the Advertiser, or operated by the Advertiser for holiday letting under a formal agreement with the owner of the property.
5 – Content
(a) The Publisher reserves the right to determine the design of its Distribution Channels, and the layout of the search results pages and individual advertisement pages, and the content published on each. Correspondence is not entered into on the subject of the design and layout of search results or individual advertisement pages or the content displayed on them.
(b) The advertisement layout has been designed for the presentation in pictures, text and supporting information of ONE letting unit. For advertisements within the self catering categories this means one cottage, house, apartment, caravan or other type of unit. For advertisements within the serviced accommodation categories, this means one bed and breakfast, hotel or hostel establishment. Whilst the Publisher may at his discretion permit the mention of more than one property within one advertisement, the Advertiser understands and agrees that the advertisement will be listed in one category (for example 'self catering' or 'bed and breakfast') and in one capacity band (for example 'sleeps 4'). This means that an advertisement mentioning a bed and breakfast and holiday cottage can appear in either the self catering or bed and breakfast section (the choice of which is made by the Advertiser at the time of creating the advertisement) and not in both categores. Each advertisement includes one field which the Advertiser can use to state the capacity of the accommodation, which is primarily of relevance for self catering properties. In lists and search results based on accommodation capacity, each advertisement has one entry. For individual listings of multiple properties, multiple advertisements are required. Additional advertisements can be created from the Advertiser content management system.
(c) The Publisher may include data from any Advertiser or affiliate in the Distribution Channels. Correspondence is not entered into on the subject of other Advertisers or affiliates.
(d) The Publisher may at his discretion alter any of the pictures and/or text content which form the published content of advertisements.
(e) Website links will be published at the discretion of the Publisher. These can redirect to a website solely marketing the accommodation, and cannot be used to redirect to another directory website. An additional charge is made for the inclusion of a web link.
(f) All text must be in upper and lower case. Capitalised content in the editable text of advertisements is not permitted, and will be removed.
(g) Website links and e-mail addresses in the editable text of advertisements are not permitted and will be removed.
(h) References to a link to the Advertiser's website in the editable text of advertisements are not permitted and will be removed.
(i) Telephone numbers in the editable text of advertisements are not permitted and will be removed.
(j) Specific short-term offers in the editable text of advertisements and are not permitted and will be removed.
(k) Abbreviations in the editable text of advertisements, other than those which are used more commonly than the corresponding non-abbreviated form, are not permitted and will be removed.
(l) Mis-spellings and incorrect punctuation are not permitted.
(m) Text intended primarily for search engine indexing, repeated words or phrases which are superfluous to the meaning of the text when read by a person, and HTML markup to cause display of text in white or other light colours, may not be placed in the user-editable areas of advertisement content. Such content will be removed from records.
(n) Photographs uploaded by Advertisers must be of, or directly relevant to, the property being advertised. They must be of at least adequate quality (although we recommend the use of excellent photography should Advertisers be seeking optimum results from their advertising). The minimum criteria for acceptability of uploaded photos is that they are level, correctly exposed, and well composed. Text overlays on photographs are not permitted.
(o) All photographs uploaded by Advertisers are checked by the Publisher, and the Publisher reserves the right to delete any such uploaded photograph and prohibit the Advertiser from uploading a replacement copy of the same photograph.
(p) The Publisher may at his discretion, and without notice, withdraw access to the online content management area from any Advertiser who contravenes the content guidelines.
(q) The Publisher will take all reasonable care of photographs and other media provided for the preparation of advertisements, but cannot take liability for any loss or damage to them whilst in transit or in our possession. If return postage and packing has been sent, media will be returned as soon as it has been processed. If return postage and packaging is not sent, media will be disposed of after use.
(r) The Publisher will take care to accurately reproduce the information and pictures provided by Advertisers, but will not be held liable for any loss arising out of any error or omission made while adding or amending these.
(s) Accolades and Property Gradings: The Advertiser undertakes to show only genuine, accurate and current property gradings which have been awarded following inspection by an accredited tourism grading inspection organisation and are currently valid (eg not expired) in their advertisement. 'Self grading' or owner's estimates of star grading may not be mentioned in the advertisement. The Publisher reserves the right to request documentation relating to grading information described in the advertisement. If requested documentation is not supplied, or supplied documentation is not acceptable, the Advertiser agrees to remove mention of the relevant grading from their advertisement. In such cases, the grading may only be displayed in the advertisement after acceptable documentation has been supplied to the Publisher.
(t) The Advertiser undertakes not to include any duplicate text content – eg text which is the same as, or substantially similar to, content published anywhere else on the internet – within their advertisement, and agrees that, should the Publisher find that their advertisement contains text which is the same as, or substantially similar to, content published anywhere else on the internet, they will, on request from the Publisher, amend it so that it complies with this requirement, and that they will also allow the Publisher to amend it so it meets this requirement without any prior discussion with the Publisher about this issue. The Advertiser acknowledges and accepts that if the Publisher amends text content for this reason, the Publisher may not necessarily notify the Advertiser of amendments to text content which have been made.
6 – Editorial control
(a) The Publisher maintains editorial control over all the content distributed in its websites. All advertisements are subject to the Publisher's content guidelines and house style.
(b) Advertising content, once published, may continue be published indefinitely at the Publisher's dicretion.
7 – Order of search results and lists within Distribution Channels
(a) Service is available for the advertisement only.
(b) The Publisher does not enter into discussions regarding the display or order of precedence in any search results page or other list within the Distribution Channel(s) where the advertisement is published. Search results order is set by automated algorithms within the system used to publish the Distribution Channel(s), and the Publisher may change the algorithm used in the creation of such search order at any time. The algorithms used to determine the display order of search and list results are confidential, and information about them, or notice of any changes made to them, will not be provided.
8 – Copyright
(a) It is the responsibility of the Advertiser to ensure they have the right to use any photograph, digital images or text content published in their advertisement. The Advertiser undertakes to indemnify the Publisher forthwith on demand against all claims, costs, actions, expenses, demands and/or proceedings which the Publisher may suffer or incur in connection with or arising out of any copyright infringement for such photographs, images or text.
(b) When published in the Distribution Channels all images produced by the Publisher from original files or photographs supplied by Advertisers are the property of the Publisher in perpetuity, and all descriptive text used in advertisements is the property of the Publisher in perpetuity. These versions of the pictures and text can only be published elsewhere with written permission from the Publisher. Should these versions be published elsewhere without permission from the Publisher, the Advertiser agrees to make reasonable financial compensation to the Publisher if asked to do so.
9 – Specific functionality in websites and update area
(a) The Publisher may add, alter or remove specific functionality of the Distribution Channels and the advertisement content management area without notice. Any such changes are made entirely at the discretion of the Publisher, and correspondence about such changes will not be entered into. No liability is or will be accepted, nor any refund given, for any possible loss of business which could be suggested to have arisen due to such a change.
10 – Compatibility
(a) The public websites and Advertiser content management area have been tested on a range of hardware and software platforms, and will function as intended on any correctly configured device using an up-to-date web browser which is still supported by its provider. Usually there is no need to change any settings.
(b) Use of the Advertiser content management area requires a web browser with 'cookies' enabled. It is possible that raised security setting in web browser software, virus-checkers, firewalls, popup-inhibitors, browser toolbars and other extensions, and downstream routing devices may affect the ability to log in on a particular computer.
(c) In cases where web access to a Distribution Channel, or a logged-in session to the online content management area cannot be established, it is the responsibility of the Advertiser to find a solution to their issue and make any required configuration changes.
11 – Delivery of enquiries sent via forms in advertisements
(a) Advertisers may view enquiries placed using the enquiry form in advertisements at the relevant page in the content management area. The Publisher provides this as the primary means of accessing such enquiries.
(b) A copy of each enquiry sent using the form is also sent by e-mail to the address specified by the Advertiser in the relevant page of the content management area. The e-mail copy of enquiries is provided solely as a backup to the copy which is accessible in the content management area. The publisher makes available the sending of an SMS alert, to a mobile phone number nominated by the Advertiser, when an enquiry has been submitted through the enquiry form in their advertisement.
(c) Systems are in place to send a backup copy of enquiries by e-mail. However, delivery of e-mails is subject to factors beyond the control of GoHolidays Ltd, so no guarantee is made that e-mail copies of enquiries will be delivered to the specified e-mail address.
(d) Advertisers who use e-mail as the primary channel for incoming enquiries do so completely at their own risk. GoHolidays Ltd will take no responsibility for missed enquiries and possible resulting loss in such cases.
(e) Advertisers who specify a free e-mail service – eg an e-mail service for which no fee is paid, including e-mail services which may be subscribed to on the internet for no charge, and those which are included at no specific additional cost as part of an internet access subscription – as the receiving address for enquiries from their advertisement distributed by the Publisher confirm that they have read the terms of service and/or terms and conditions which relate to the e-mail service which they use and are fully aware of any actual or potential limitations of the service which they are using, and further confirm that they have nominated the Publisher's outgoing e-mail address admin@GoHolidays Ltd as a whitelisted, or approved, sender address in the control panel of their e-mail provider.
(f) The Advertiser agrees to provide the Publisher on demand, and at no cost to the Publisher, proof of their compliant use of any free e-mail service which they have nominated for receipt of enquiries from the Distribution Channel in which their advertisement is published. When proof of compliance has been requested by the Publisher, the advertiser agrees to provide it within a maximum of 14 days of their receipt of the request.
12 – E-mail and telephone communications resulting from advertisements
(a) The enquiry forms and telephone numbers (where published) in advertisements are in the public domain, and therefore provide a way for any person to communicate with the Advertiser.
(b) Advertisers agree to accept all such communications generated by their advertisement, and acknowledge that the Publisher takes no responsibility for the content or intent of any such communications, and will not become involved in managing the response to such communications.
(c) In cases where an Advertiser suspects that a communication is not a 'bona fide' enquiry about the content of their advertisement, the Advertiser is advised not to communicate with the sender of the enquiry.
13 – Liability
(a) Advertisers undertake to check at publication, and at least every three months thereafter, that the content of their advertisement is correct and complete. Liability for any errors or omissions in the Advertiser's editable content is the Advertiser's responsibility and the Publisher cannot be held in any way accountable for the consequences of such errors or omissions.
(b) The Advertiser is solely responsible for dealing with persons who access their data and the Advertiser undertakes not to refer complaints or enquiries about these to the Publisher.
(c) In cases where the Publisher receives a complaint about an Advertiser's accommodation or conduct, the Advertiser agrees to receive and give due attention to the matter, and to discuss and resolve it directly with the complainant. The Publisher will not become involved in resolution of such matters in any way other than by sending an acknowledgement to the sender and forwarding the complaint to the Advertiser.
(d) The advertising offered in the websites may be used for lawful purposes only. The Advertiser agrees to indemnify and hold the Publisher harmless from any claims resulting from use of the Publisher's websites which causes damages or loss to the Publisher or any other party.
(e) The liability of the Publisher in connection with these Terms and Conditions and/or the provision of any advertisement or other service by the Publisher pursuant to these Terms and Conditions will not exceed the price paid by the Advertiser for the relevant advertisement or other service. The Publisher will have no liability for loss of profits, business, revenue, goodwill or anticipated savings nor for any other indirect or consequential loss.
14 – Termination
(a) The Publisher reserves the right to decline to publish any newly placed advertisement. In such cases, if any payment has been made, this will be refunded or returned. No compensation will be payable by the Publisher for any loss howsoever incurred if publication of an advertisement is declined.
(b) The Publisher reserves the right to withdraw any published advertisement. In such cases, any payment which has been made will be refunded pro-rata based upon the number of days remaining until the previously scheduled expiry date. No other compensation will be payable by the Publisher for any loss howsoever incurred if an advertisement is withdrawn from publication.
(c) Annual advertising is supplied for a one-off charge which is non-refundable. An advertisement can be removed on the written request of the Advertiser, but no repayment or refund will be made for the 'unused' part of its run. It may be added into the site again if requested by the Advertiser, provided it is within the run of the original advertisement booking. The Advertiser undertakes to inform the Publisher if the advertised property is removed from the holiday rental market and therefore cannot be let by them during the period of subscription covered by the advertisement booking, and in such case the advertisement will be removed from publication without any repayment or refund. Any costs or expenses incurred by the Publisher in recovering any repayment or refund claimed by the Advertiser (or in preventing any such claim) will be payable by the Advertiser to the Publisher forthwith on demand.
(d) The Publisher reserves the right to suspend or terminate all or part of the service provided to the Advertiser with immediate effect, where  the expiry date has passed, or  there has been a breach by the Advertiser of these terms and conditions or failure to pay outstanding charges.
(e) In cases where any member of GoHolidays Ltd staff or management is subject to abusive or disresepectful treatment, either verbally or in writing, by an Advertiser, the Publisher reserves the right to remove the Advertiser's content from the Distribution Channel. In such cases, a refund will not necessarily be offered. The decision to do so or otherwise will be taken by a GoHolidays Ltd manager, and no correspondence will be entered into on the subject.
15 – Service level
(a) The Publisher will make every effort to provide Advertisers with a prompt service.
(b) Publication of newly placed advertisements: Subject to suitable text and image content being provided by Advertisers, newly placed advertisements added on a paid basis will usually be published within 7 working days.
(c) If an Advertiser places an order for a service which is not included in their current subscription - eg picture upload, addition of web link - payment is due before provision of the service can be made.
(d) Response to service and general enquiries: Relevant enquiries will be dealt with at the earliest reasonable opportunity. A personal response is not sent for every support query. Where the issue is explained in online help files, or is outside the scope of the Publisher's support service, only an initial auto-response will be sent.
(e) Support for technical issues is provided by e-mail. Support may also be available by telephone within normal office hours. No guarantee is given that telephone support will be provided. The decision to provide telephone support is entirely at the discretion of a GoHolidays Ltd manager, and the provision of such support on one occasion does not necessarily mean it will be provided on another occasion on the same basis.
(f) The support provided covers only matters directly relating to the website where the advertisement is published, and the updating of the advertisement content via the content management area. Correspondence on subjects not directly related to these will not be entered into.
(g) The Publisher reserves the right to make a charge for dealing with non-relevant queries, and updating content which can be updated via the update area.
16 – Availability of the websites
(a) GoHolidays Ltd continually monitors and endeavours to maintain continuous availability of the websites, but will not be liable if they are not accessible at any time or for any period. Notice will not necessarily be given if any of the websites goes offline or services are temporarily withdrawn.
17 – Renewal of lapsed advertisements
(a) The reinsertion of any advertisement which has previously been published in any of the Distribution Channels and which expired in the last 12 months may be booked either via the update area or by contacting the GoHolidays Ltd sales office, tel UK 02921 251009.
(b) Except in cases where the ownership of a property has changed, if a new advertisement is submitted for a previously advertised property where the booking expired within the last 12 months, an additional charge of £49 plus VAT will be made for pictures setup and administration. Payment of this, plus the annual advertising charge, must be made before the advertisement is published. Such bookings will run for 12 months from date of publication.
18 – Notes about these terms and conditions
(a) In any case where the Publisher has reason to doubt that an Advertiser accepts these terms and conditions, or where an Advertiser has notified the Publisher that they do not accept these terms and conditions, log in access to the update area will be withdrawn. In such cases, if such an Advertiser requires to be able to access the update area they must provide written acceptance of the terms and conditions to the Publisher. The advertisement placed by such Advertiser will continue to be published in the Distribution Channel until the end of its subscribed period unless the Advertiser requests its removal. Should the Advertiser request removal of their advertisement before the end of the subscribed period, no refund will be due. Such Advertisers will not be invited to renew their advertising at the end of the subscribed period.
(b) These terms and conditions take precedence over any other terms and conditions. The Publisher reserves the right to amend these terms and conditions at any time without notice.
(c) Should any clause of these terms and conditions be ruled unlawful, the clause in question will be withdrawn and all other clauses of the terms and conditions shall remain in place and in force.
(d) Continued use of the service provided by GoHolidays Ltd signifies acceptance by the relevant Advertiser of any changes made to these terms and conditions.