Terms & Conditions

BACKGROUND:

These Terms for Buyers, together with any and all other documents referred to herein, set out the terms under which Users (“Buyers” or “you”) buy from Sellers on Our Marketplace. Please read these Terms for Buyers carefully and ensure that you understand them before purchasing anything on Our Marketplace. You will be required to read and accept these Terms for Buyers when you make a booking. If you do not agree to comply with and be bound by these Terms for Buyers, you will not be able to purchase anything on Our Marketplace. These Terms for Buyers, as well as any and all contracts are in the English language only. 

By proceeding to make a purchase on Our Marketplace, you hereby agree to these Terms for Buyers. By making a purchase on Our Marketplace, these Terms for Buyers create a legally binding contract between you and Us, and the Seller, where applicable.

We may update these Terms for Buyers from time to time. We will email you to inform you if updates have been made, you should then review the updated Terms and if you continue to use Our Site or list their offerings on Our Site by conduct, then the updated or amended terms will be considered agreed.

1. Definitions and Interpretation
   1. In these Terms for Buyers, unless the context otherwise requires, the following expressions have the following meanings:

“Account”	means an account required to access and/or use certain areas of Our Site, including Our Marketplace;
“Buyer”	means a User who makes a purchase on Our Marketplace;
“Content”	means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Listing”	means a listing on Our Marketplace advertising holiday accommodation to rent/hire.
“Marketplace”	means Our platform for Buyers and Sellers on Our Site;
“Our Site”	means this website, www.bookmycaravan.com;
“Payment Service”	means the payment service provided by Stripe, Inc.;
“Seller”	means a User who lists holiday accommodation to rent/ hire, on Our Marketplace;
“Third Party Payment Service Provider”	means Stripe, Inc., stripe.com;
“User”	means a user of Our Site;
“User Content”	means any Content added to Our Site by a User;
“We/Us/Our”	means Book My Caravan Ltd, a company registered in England under 14288299 whose registered and main trading address is Unit 13 Independence House, Millfield Lane, Nether Poppleton, York, YO26 6PH.

2. Information About Us
   1. Our Site is owned and operated by Book My Caravan Ltd, a limited company registered in England under company number 14288299, whose registered and main trading address is Unit 13 Independence House, Millfield Lane, Nether Poppleton, York, YO26 6PH.

3. Access to and Use of Our Site
   1. Access to Our Site is free of charge.
   2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
   3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice, including but not limited to scenarios where Our Site is unavailable due to hosting downtime. Subject to the remainder of these Terms for Buyers, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
   4. Use of Our Site is also subject to Our Terms of Use. Please ensure that you have read them carefully and that you understand them.

4. Age Restrictions

You may only make purchases on Our Marketplace if you are at least 18 years of age. If the User is 16 years of age, they need their parent’s or legal guardian’s consent to use this Website and the Services. Similarly, if the User/Buyer is acting on behalf of an entity, then they must be authorised to act on behalf of that entity.

5. Our Marketplace

Our Marketplace is provided solely as an online venue for Buyers and Sellers. We are not a party to any transactions or other relationships between Buyers and Sellers. You hereby acknowledge and agree that:

1. Any bookings for rent/hire of a given accommodation/caravan is governed by the terms and conditions between the Buyer and the Seller. Our Site is only an intermediary platform connecting the Buyer and the Seller, and any separate transaction/s between them outside of these Terms falls outside of the purview of these terms.
2. We will not be a party to any dispute between you and any Seller or another Buyer except as outlined in Section 8.12. Any claims must be made directly against the party concerned;
3. The Buyer agrees and acknowledges that the Seller is responsible for each Listing and not the Our Site. We are not, therefore, in any way responsible for any holiday accommodation rented or for the content of any Listings;
4. While all Sellers are required to comply with Our Terms for Sellers, which include provisions covering important matters such as payment methods, including any instalments structures that you have agreed to pay, and ensuring that you have read all the information provided to you by the Seller on Our Site and have provided all necessary details to the Seller. If there is any further information that you require from the Seller, or any information that you are unsure about, you should contact the Seller regarding this, before making a booking on Our Site, as once your booking has been made, you have entered into a contract with the Seller based on the information that you have been provided with. You must ensure that you are aware of all the Buyers’ information before booking, to avoid potential disputes with the Seller/Sellers; and
5. We are not responsible for any information listed by Users including Sellers on Our Site. Each Seller is responsible for the content that they list on Our Site. We will not be responsible for any information or content from the Sellers on Our Site including, but not limited to, any errors, inaccuracies, or omissions. The Sellers are responsible for ensuring all their information/ content is kept up to date. Whilst the Sellers agree to this when they sign up, if there are any deviations or disputes from this, it is not our responsibility and any disputes should be taken up directly with the Seller except as outlined in Section 8.12. 
6. If a Buyer is making a booking on behalf of other people on the booking, then they have the authority to act on behalf of each of the participants, including providing personal information of such participants.

6. Intellectual Property Rights
   1. The provisions of Clause 6 of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content submitted to Our Marketplace.
   2. Buyers must, at all times, respect the intellectual property rights of Sellers on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express written permission.

7. Buyer Rules and Acceptable Usage Policy
   1. When using Our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 7. Specifically:
      1. you must ensure that you comply fully with all local, national, or international laws and/or regulations;
      2. you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;
      3. you must not use Our Marketplace to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
      4. you must not use Our Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way;
      5. you must always provide accurate, honest information to Sellers on Our Marketplace; and
      6. you must not engage in any form of price fixing with other Users (including Sellers and Buyers).
   2. When using Our Marketplace, you must not submit anything, or otherwise do anything that:
      1. is sexually explicit;
      2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
      3. promotes violence;
      4. promotes or assists in any form of unlawful activity;
      5. discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
      6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      7. is calculated or is otherwise likely to deceive;
      8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
      9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
      10. implies any form of affiliation with Us where none exists;
      11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
      12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
   3. We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms for Buyers. Further actions We may take include, but are not limited to:
      1. removing any offending material from Our Marketplace;
      2. issuing you with a written warning;
      3. legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
      4. further legal action against you as appropriate;
      5. disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
      6. any other actions which We deem reasonably necessary, appropriate, and lawful.
   4. We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms for Buyers.

8. Purchasing from Sellers
   1. As set out above in Clause 5, all transactions on Our Marketplace are between Buyers and Sellers only. We are not a party to such transactions.
   2. When making a purchase from a Seller, you expressly agree that:
      1. You have read the description and all details within the relevant Listing carefully and that you understand and agree to any and all specific policies that are stated to apply by the Seller. By making a booking with the Supplier for certain holiday accommodation you accept that you are fully aware and happy with the purchase you are making and understand what is included in the price. By making a booking with the Supplier you are also accepting that you have checked all details of your booking, including but not limited to the booking dates, the total price and when the outstanding payment is required to be made if paying by a deposit (in line with these Terms). If you decide that you want to amend/alter your booking, then you agree that it is your responsibility to contact the Seller direct to discuss and come to any agreements between yourselves. Please note that the Seller may charge you additional costs for any variations/ amendments to your original booking if they are willing to change your booking. You accept that we have no responsibility to organise any alterations that you may want to make. You also accept that the Seller may not allow you to make any alterations when you contact them to discuss this.
      2. You have provided complete and accurate details to the Seller.
      3. The Seller is responsible for ensuring that keeping all of the information on their listing up to date, including but not limited to availability of the holiday accommodation. You will be able to make a booking if the holiday accommodation is shown as available, however, payment will not be taken until the booking is confirmed by the Seller. The Seller has 48 hours to let Us know if they are unable to accept the booking for any reason, if we do not hear from the Seller then it is assumed that they accept the booking. We will aim to confirm your booking within 2 days (48 hours); however, it could be up to 8 days. If a booking is confirmed, then payment will be taken from the payment details provided through Our Third Party Payment Provider. If the booking is not accepted, it will be cancelled, and you will not be charged. If a booking has been accepted but the Seller has to cancel the booking for unforeseen circumstances, then it is their responsibility to inform you and authorise a full refund by contacting Us. If the Seller confirms to Us that a refund needs to be issued, then We will authorise the refund to be made and will be in touch with You to confirm the bank account details for the refund to be made to. Refunds may take up to 10 working days to process after receiving your bank account details.
   3. When you make a purchase on Our Marketplace, you will be provided with the option to make a payment in full or pay in instalments (with an initial deposit of 10%). The latter option is only available where your booking is made more than 8 weeks (56 days) prior to the check in date selected for the holiday accommodation.
   4. Where you have agreed to pay by initial deposit, you will be required to pay the remaining balance 56 days or more before your check in date. It is your responsibility to ensure the remaining balance for your booking is made in time in line with these Terms. We use reasonable endeavours to send you this reminder email, but do not guarantee this, and do not accept liability for any failure to do so.  If the final payment is not made in time, then the Seller may wish to choose to cancel the booking, and you will lose any payments made up until that point. Once the full balance is paid, you are contractually bound to purchase holiday accommodation from the Seller.
   5. Where you have agreed to pay by initial deposit, If you have ticked the box to save your Payment details with Our Third Party Payment Service Provider when making a booking, then the final payment will be applied for automatically 56 days prior to your check in date. This allows for sufficient time to attempt to contact you by email to remind you of the upcoming payment. We use reasonable endeavours to send you this reminder email, but do not guarantee this, and do not accept liability for any failure to do so. We also cannot guarantee that the payment will be automatically taken as anticipated, so please check by logging into Your Account to view your bookings to see if the payment has been made or contact Us directly to see if the necessary payments to secure your booking have been received. It is your responsibility to ensure that all payments are processed and received 56 days before your check in date as a minimum. 
   6. Where you have agreed to pay by initial deposit, If you have not saved your Payment details with Our Third Party Payment Service Provider when making a booking, then you must access Our Marketplace (using your online account), or through Our Third Party Payment Service Provider, to process outstanding payments. 
   7. Where you have agreed to pay by initial deposit, If you do not pay the final instalment by 56 days prior to your check in date, you may lose your booking. In these circumstances, the Seller has no obligation to continue to hold your booking, and is under no obligation to refund your deposit or any other payments made until that date. If the Seller contacts you directly to confirm your booking, and asks you to pay additional sums, We advise you not to do so unless and until the Seller has confirmed in writing that it will honour the booking, despite not receiving payment by the requisite deadline. If this is so confirmed by the Seller, this is a separate contract between the Seller and you, and We are not a party to this.
   8. It is your responsibility to ensure that any Payment details are correct and up-to-date, and to ensure that your Payment method provides sufficient funds to make the necessary payments where you have agreed to pay by initial deposit, if you selected to save your Payment details with Our Third Party Payment Service Provider when making a booking. 
   9. We accept no responsibility or liability for any failure of reminder email notifications to reach you, or for any malfunction on Our Marketplace which means that you are unable to conclude any Payment required. 
   10. If you update your contact details, please update these on your account on Our Site and provide these to the Seller directly.
   11. If there is an issue with the holiday accommodation listed by the Seller (including but not limited to cleanliness of the holiday accommodation, inaccurate description of the holiday accommodation or any concerns you may have about the quality of the holiday accommodation), this is the responsibility of the Seller, and We are not liable in any way for such an event arising.
   12. If you arrive on your check-in date and the holiday accommodation/caravan is not available or not present and you have tried to contact the Seller, you must notify Us before 17:00 hours the day after the check in day by emailing support@bookmycaravan.com with details of the issue, including evidence of trying to contact the Seller. We will attempt to contact the Seller to resolve the problem. If the holiday accommodation remains unavailable or we do not receive a response from the Seller within 24 hours of contacting the Seller, we will issue a full refund. If it is determined by Us that a refund needs to be issued then We will authorise the refund to be made and will be in touch with You to confirm the bank account details for the refund to be made to. Refunds may take up to 10 working days to process after receiving your bank account details.
   13. If you make a booking you acknowledge that, if you cancel your booking you will not be refunded for any money paid. You would only be eligible for a refund if the Seller cancels the booking or as set out in Section 8.12.

1. Payment Service 
   1. All Payments on Our Marketplace are made through the Payment Service provided by Stripe, Inc., Our Third Party Payment Service Provider.
   2. Your use of the Payment Service will be subject to its own terms and conditions and privacy policy. Please refer to the Payment Service terms and privacy policy on their website: https://stripe.com/gb. 
   3. By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Marketplace with the Third Party Payment Service Provider.
   4. When you make a Payment on Our Marketplace, you will be make this on Our platform with Stripe, which means that your Payment will be paid to Our Stripe account and held in there until the payment is ready to be processed to the Seller in line with the payout terms in the Terms for Buyers and Terms for Sellers. Your private customer information (including your card number) will be redacted when you make the Payment, so that neither the Seller nor Us can access your Payment method details.

1. Payments to Sellers 
   1. All payments are processed using the Payment Service described above in Clause 9.
   2. If you do not pay, the Seller may cancel the transaction. Please refer to Clause 12 for more information on the Seller’s cancellation rights.
   3. We will not make any of your payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Sellers at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider. 

1. Taxes
   1. It is the responsibility of Sellers to collect and pay takes on any sales made through Our Marketplace.
   2. Where any tax, for example VAT, forms a part of the price of any holiday accommodation listed on Our Marketplace, the tax must be included in the price of the item or service.
   3. If a Seller is VAT registered, they may be required to charge VAT on the items that they sell on Our Marketplace, the prices listed on the Site is inclusive of VAT if the Seller is charging VAT
   4. For further information on VAT and other taxes in your location, please contact your local tax authority.

1. Your Account Cancellation Rights
   1. You may close your Account at any time by emailing us at support@bookmycaravan.com.
   2. Any outstanding sums due and payable to any Seller(s) will remain payable and your Account will not be fully closed until all sums due have been paid and the relevant transaction(s) completed or cancelled.

1. Our Liability to You
   1. As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Buyers and Sellers. Furthermore, as stated in sub-Clause 5.2, We are not responsible to pre-screen Sellers or any holiday accommodation that Sellers advertise in Listings on Our Marketplace. We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any holiday accommodation purchased from Sellers on Our Marketplace. Any claims pertaining to a transaction must be made directly against the Seller concerned other than as outlined in Section 8.12.
   2. Subject to sub-Clause 17.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
   3. Nothing in these Terms for Buyers seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
   4. Nothing in these Terms for Buyers seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

1. Communication and Contact Details
   1. If you wish to contact Us with general questions, complaints, cancellations and matters Our Marketplace including, but not limited to, these Terms for Buyers, transactions, Sellers, and other Buyers, you may contact Us by email at support@bookmycaravan.com, or by post at Unit 13 Independence House, Millfield Lane, Nether Poppleton, York, YO26 6PH.or refer to the relevant Clauses above

1. Data Protection
   1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of UK General Data Protection Regulation (UK GDPR), as supplemented  by the Data Protection Act 2018. 
   2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookie Policy [insert link].
   3. Buyer’s personal data will be collected on Our Site when making a booking. By making a booking on Our Site the Buyer gives its express consent for using their personal data in line with the Marketplaces’ Privacy Policy. Sellers may also collect, hold, and process your personal information in the course of transactions (for example, your name, email address). Sellers are required to have their own privacy policies in place to govern their collection, processing, and holding of Buyers’ personal data. Please consult the privacy policy of any Seller you wish to buy from before entering into a transaction with them and ensure that you have read, understood, and agree to it. Sellers are, therefore, also considered data controllers under the GDPR and will be responsible for complying with their legal obligations and protecting your rights under the GDPR. 
   4. You must only use the personal data of other Users (whether they are Buyers or Sellers) to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via Our Marketplace, and/or to respond to messages from them. You may not add any User to a mailing list, use their data for marketing, or retain any payment details. You may only use another User’s personal data for additional purposes with their consent.

1. Other Important Terms
   1. We may transfer (assign) Our obligations and rights under these Terms for Buyers to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms for Buyers will not be affected and Our obligations under these Terms for Buyers will be transferred to the third party who will remain bound by them.
   2. You may not transfer (assign) your obligations and rights under these Terms for Buyers without Our express written permission.
   3. If any of the provisions of these Terms for Buyers are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Buyers.  The remainder of these Terms for Buyers shall be valid and enforceable.
   4. No failure or delay by Us in exercising any of Our rights under these Terms for Buyers means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms for Buyers means that We will waive any subsequent breach of the same or any other provision. 
   5. We may revise these Terms for Buyers from time to time in response to changes in relevant laws and other regulatory requirements.
   6. We will not be liable for any failure or delay in performing Our obligations to you where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, hacking, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, Acts of God, lockdowns, strikes, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control (a “Force Majeure Event”).
   7. If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations to you:
      1. We will inform you as soon as is reasonably possible;
      2. Our obligations under these Terms for Buyers will be suspended and any time limits that We may be bound by will be extended accordingly; and
      3. We will inform you when the event outside of Our control is over and provide details of any new dates, times, or availability of services as necessary.
   8. If a Seller is impacted by a Force Majeure Event and cannot provide the product or service as a result of this, it is your responsibility to contact the Seller (where you could reasonably have foreseen that the Seller may suffer a Force Majeure Event), and to discuss and agree appropriate terms in relation to such Force Majeure Event. We will not be responsible for a Seller failing to comply with a contract with you, due to a Force Majeure Event, other than as outlined in Section 8.12.

1. Law and Jurisdiction
   1. These Terms and Conditions, and the relationship between you and Us, and you and the Seller, (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of England & Wales. 
   2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions. 
   3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. 
   4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.