iloveSouthDevon.com is an South Devon based tourism marketing enterprise. Full contact details are on the contact page of the website. Continue reading for our Customer Terms & Conditions
Any reference in these Terms and Conditions to “customer”, “you” or “your” is a reference to the person, partnership, limited liability partnership, company or corporate or unincorporated body providing the accommodation to be listed on the ilovesouthdevon website. ilovesouthdevon maintains its business marketing online website as a service to its customers by allowing reservation requests to be sent via the Internet. By using the web marketing tools owned and operated by ilovesouthdevon either as a paying customer, you are agreeing to comply with and be bound by the following Terms and Conditions, (which ilovesouthdevon reserves the right to amend from time to time) which are incorporated into any agreement or contract between ilovesouthdevon and you. For the avoidance of doubt the ilovesouthdevon Editorial Guidelines, Copyright Statement and Payment Policy are incorporated into these Terms and Conditions.
ilovesouthdevon controls its website from its office in Exeter, Devon, UK. The website can be accessed from all countries around the world. As each of these countries has laws that may differ from those of England and Wales both you and ilovesouthdevon agree that the statutes and laws of England and Wales shall apply to the use of the ilovesouthdevon website and any agreement or contract between the parties (including the free trial period) and further irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction.
Customer Service Obligations
Visitors to the ilovesouthdevon website are your potential guests and it is vital that they have a good experience so they continue to return, send enquiries, make bookings and recommend the sites. We require customers to maintain good levels of customer service by agreeing to reply to all email enquiries received, promptly. We stipulate a maximum timescale of 48 hours. If, however, an individual response is not possible, an automated email reply should be set up with an indication of when the enquirer can expect a response so they could seek alternative accommodation if required. It is recognised that failure to reply to enquiries within this timeframe produces very low booking conversions.
ilovesouthdevon is continually seeking to improve the services offered to its customers, and to those who view the ilovesouthdevon website. In this regard you confirm and agree that ilovesouthdevon is permitted to amend the appearance and usability of the ilovesouthdevon website at any time, including any formatting and processes used by ilovesouthdevon in providing its website and/or services. For the avoidance of doubt, ilovesouthdevon often uses search criteria and categorisation to assist website users in identifying suitable accommodation, and as such, you agree to ilovesouthdevon applying such search criteria and categorisation to your property or accommodation.
Use of Text and Images
ilovesouthdevon is relying upon you to provide details of the property / accommodation you wish to be shown on the ilovesouthdevon website. In this regard you warrant that all content, artwork and/or photographs supplied to ilovesouthdevon in order to create a listing are copyright free and do not infringe the intellectual property rights of any third party, howsoever arising. This includes any text and images which we use from your own website. You further agree to indemnify ilovesouthdevon from all claims, (including but not limited to costs (including legal fees), liabilities, awards, penalties and damages) incurred or suffered by ilovesouthdevon by reason of a breach of the warranty contained in this clause. You agree and authorise ilovesouthdevon to use any such content, artwork and/or photographs supplied by you, including any such content, artwork and/or photographs which appears on your website for free and in any manner related to the promotion of ilovesouthdevon and its web marketing tools and services. You further agree and undertake with ilovesouthdevon that you will not after the termination or determination of any agreement or contract you have with ilovesouthdevon (including any free trial period) use (whether directly or indirectly) any intellectual property of ilovesouthdevon, nor will you register or seek to register any URL with the name “ilove” (whether or not including the hyphen or any such other grammatical term).
Copyright of ilovesouthdevon Material
Unless indicated to the contrary, all materials and intellectual property on the ilovesouthdevon web online marketing site including concept, design, text, graphics, photographs, HTML code and programming are the copyright of ilovesouthdevon. You are permitted to access, download and print pages from the materials on a temporary basis for the sole purpose of viewing them for non-commercial personal or educational purposes provided that you do not, without the prior written consent of ilovesouthdevon, otherwise:
Copy reproduce, publish, post, transmit, distribute or download the materials in any kind of medium; extract from, manipulate, alter or modify the materials in any way; interfere with any copyright notice originally attached to the materials; store the materials in any medium including extraction into any other database, computer program or web site; broadcast, display, perform or present the materials publicly; rent, lease or lend the materials; commercially publish or exploit the materials in any manner.
ilovesouthdevon reserves the right to use all mechanisms at its disposal to trace downloaded material for the purposes of protecting copyright. In using the materials you warrant to ilovesouthdevon that you will not infringe its intellectual property rights nor will you breach the intellectual property rights of any third party.
To request ilovesouthdevon’s written permission to use the materials from any web online marketing site for any prohibited purpose, send an email to email@example.com, or write to ilovesouthdevon at our postal address in Exeter, Devon, UK. Please note that ilovesouthdevon is not obliged to give you any such permission. Please send an e-mail to firstname.lastname@example.org notifying us of the use of any material found on another site that you believe originates from the ilovesouthdevon website.
All transactions with ilovesouthdevon are in GBP.
ilovesouthdevon is happy to receive payment by cheque or direct debit. The payment method chosen by our customers is entirely up to them but we strictly apply the following payment terms in order to minimize unnecessary costs and maximise customer benefits. We extend 14 days credit for cheque payment by new customers FROM THE DATE YOU BECOME OUR CUSTOMER. If payment is not received in this time the listing will be suspended until payment is made. PLEASE NOTE: this process is built in to our software. The only way for a listing to be re-activated is when the ‘payment received’ field is completed.
Paying by Direct Debit
ilovesouthdevon direct debit option – by giving us your account details you are authorising monthly payments to be taken for the duration of the agreement. Twelve monthly payments are required. If payments are stopped you will be invoiced for any outstanding amount with an additional administration fee of £25. Any queries must be immediately addressed to ilovesouthdevon at our Exeter office.
Paying Your Annual Renewal
Payments of annual renewals are due ON OR BEFORE the renewal date regardless of the payment method chosen. Customers opting to pay by direct debit are only required to ‘accept’ another 12 months payment, with no change required if price and selected product remain unchanged. If price and / or product selected by the customer changes a new direct debit mandate will be issued to replace the one currently in force.
Where customers fall outside our payments terms we use a debt collection agency. We reserve the right to add an administration fee of £25 and debt collection fees at the prevailing rate to the amount outstanding.
Please note for the avoidance of doubt, if any payment is not received by the due date, then your listing will be suspended. Without prejudice to any other right of ilovesouthdevon if the suspension lasts for a period of one month (from the date of suspension) ilovesouthdevon shall have the right to terminate any agreement or contract it has with you without liability howsoever arising.
Cancellation and Refunds
All customers of ilovesouthdevon commit to a fixed term on the site when they sign up. Only in very exceptional circumstances can that fixed term be changed. If a shortened term is agreed the customer will be charged pro-rata for the time that their property has been advertised on the site plus two months in order to cover administration costs. A customer wishing to remove their listing from the ilovesouthdevon website within their fixed term may do so at their own discretion but they will not receive a refund of fees paid. A customer wishing to remove a listing which is not fully paid for will incur an administration fee of £35 and be invoiced for the period the listing has been live on the site.
Availability of Service
ilovesouthdevon makes every effort to ensure that its website is always available. However there may be occasions when the site cannot be accessed. These occasions will normally be less than 0.5% of time in any one year. In the event of downtime occurring, in excess of 0.5% of time in any one year which is not a force majeure event (as defined below) there is a limit of liability as outlined in the Limit of Liability section. It is agreed that ilovesouthdevon shall have no liability to you or any third party if it is prevented from or delayed in performing its obligations or services or from carrying on its business by acts, events, omissions or accidents beyond ilovesouthdevon’s reasonable control, including but not limited to strikes, failure of a utility service or transport network, act of God, fire, flood, or storm war, riot, civil commotion, malicious damage (including computer hacking), compliance with any law or governmental order, rule, regulation or direction (“force majeure event”).
Limit of Liability
Although great care is taken in compiling the ilovesouthdevon website, ilovesouthdevon does not warrant the accuracy or completeness of any of the data or information appearing on the ilovesouthdevon website and/or in the ilovesouthdevon service provided. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from any agreement or contract you have with ilovesouthdevon, save that nothing in these Terms and Conditions limits or excludes the liability of ilovesouthdevon for death or personal injury, or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by ilovesouthdevon or from any such other liability which is unlawful to exclude or limit.
Subject to the provisions of the immediately preceding clause above: –
(a) in no event shall ilovesouthdevon be liable for any loss of business, loss of profits or depletion of goodwill, or any indirect or consequential loss which arises out of or is in any way connected with the ilovesouthdevon website being unavailable, and/or any breach by ilovesouthdevon of any agreement or contract between ilovesouthdevon and you; and
(b) ilovesouthdevon’s total liability (howsoever arising) shall in no event exceed, in the aggregate, the subscription fee and service charge for accessing the ilovesouthdevon system and services paid by you with respect to which liability is found. For the avoidance of doubt the foregoing limitation of liability shall apply to both contract and negligence claims.
Without prejudice to any other rights or remedies which ilovesouthdevon may have, ilovesouthdevon may terminate any agreement or contract it has with you, without liability to you, immediately on giving notice to you if:
(a) you are a company or other incorporated body and an order is made or a resolution is passed for your winding up, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order; or
(b) an order is made for the appointment of an administrator to manage your affairs, business and property, or documents are filed with a court of competent jurisdiction for the appointment of an administrator, or notice of intention to appoint an administrator is given by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986); or
(c) a receiver is appointed of any of your assets or undertaking, or circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of you; or
(d) you make any arrangement or composition with your creditors, or make an application to a court of competent jurisdiction for the protection of your creditors in any way; or
(e) you are an individual, and you have a bankruptcy order made against you or you make any arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors.
ilovesouthdevon reserves the right to make reasonable changes to the terms and conditions at any time during the contract. We will only do so when we have good reason. We will publish a notice on our website and provide a link from the main page. The changes will apply from the date shown in the notice. You should visit our website regularly to find out about any changes.