Terms & Conditions for advertising on TOAD – The Online Activity Directory
Overview
www.outdooractivities.co.uk and subdomains of it (‘the Website’, ‘the Service’) are operated by Adventures Online Ltd (‘the publisher’ ‘we’, ‘ourselves’ or ‘us’). We are registered in England under company number 10516574.
The following Terms of Business (these terms) will apply to the acceptance of agreements between us and you; the individuals, companies and/or organisations using the website and services for commercial reasons, as a purchaser of listings, advertising and/or sponsorship and for any reservations/bookings made through the TOAD website, currently listed as www.outdooractivities.co.uk.
Submitting any information to the website, having an account and receiving enquiries, or submitting a reply or quote signifies acceptance of these Terms.
Definitions
In this agreement, ‘Customer’ or ‘enquirer’ means the person(s) using this website, viewing, enquiring about, or using the goods and services provided by you or on your behalf.
‘Information’ or ‘content’ refers to data used for profiles, listings, newsletters, guides, blogs, advertising, shop, sponsorship and/or any other information provided by you to us.
‘Supplier’, ‘advertiser’, ‘princial’ or ‘you’ refers to the person who places the advertisements and accepts the terms of this agreement.
The ‘website’ refers to www.outdooractivities.co.uk.
Your Agreement With Us
The aim of our service is to facilitate bookings and payments from customers on your behalf.
Should a booking be taken, the customer enters into a booking contract with, you, the supplier named on their booking confirmation emails, and is subject to your terms and conditions. It is your responsibility to ensure your terms and conditions meet all relevant local, national and international regulations and standards for the sale of travel.
To the extent permissible by law, Adventures Online Ltd assumes no responsibility for information published on this site and disclaims all liability in respect of such information.
Suppliers agree that it is their responsibility to submit and update information and check that all information is accurate, up to date, and complete.
We do not sell or resell any of the goods or services displayed, we feel that you can best ensure the goods or services are able to meet the requirements of the customer.
You confirm you will accept bookings for your products and services at the price you most recently submitted to the site by any means. It is illegal to provide false or misleading pricing information.
You agree to reply to all direct enquiries and booking requests within 24 hours, wherever possible. This includes declining
This includes declining enquiries if you cannot accommodate the customer.
Principal warranties
The supplier warrants that:
- In relation to the advertisement, the supplier contracts with www.outdooractivities.co.uk as the supplier notwithstanding that the supplier may be acting either directly or indirectly as an advertising agent or media buyer.
- Has the right to publish all of the contents of the advertising. Information and images supplied will not breach any contract or infringe any copyright, trademark, or any other personal or proprietary right or any person.
- Each advertisement complies with the requirements of all relevant legislation in the United Kingdom. The supplier accepts responsibility for notifying the website of any restrictions that should be placed on the display of information
- All copy supplied must be legal, decent, honest and truthful and complies with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority (ASA) in respect of electronic and online advertising and all other relevant industry codes of practice.
Limitations of our service & Indemnity
Any dealings between a customer and any supplier are solely between the customer and the relevant member, and are done so at their own risk.
Adventures Online Ltd is not liable for any injury and/or damage to persons or property as a result of any actual or alleged libelous statements, infringements of intellectual property or privacy rights, or product liability, whether resulting from negligence or otherwise.
Adventures Online Ltd does not warrant that the information published on the site is accurate or free from error and accepts no liability for the behaviour of any persons who have used or made an enquiry through the site.
As far as is permissible by law, we accept no liability for any loss however caused through omission from the website, typographical errors or late publication or failure from any cause, whether error, technical, late publication or failure to display listings, advertising and/or sponsorship.
Our liability for any loss or damage whether caused by negligence or otherwise will be limited to the cost of any listings, advertising and/or sponsorship and we will not be liable for any consequential loss, damage or loss of profit by the advertiser.
The supplier agrees promptly and fully to indemnify and keep indemnified the website and hold us harmless against any and all expenses, damages, liability, claims and losses of any kind (including reasonable legal fees and costs) incurred by www.outdooractivities.co.uk in connection with any claims actual or threatened, of any kind (including without limitation, any claims of trademark or copyright infringement, libel, defamation, breach of statutory or regulatory duty, false or misleading practises) arising from an advertisement and/or any material to which users can link through an advertisement. The supplier warrants that it has sufficient funds and insurance to satisfy the indemnity given by it in this clause.
You agree to indemnify us against all losses, damages, claims or expenses (including legal costs), which we may reasonably incur, on account of any claim by a third party arising directly or indirectly from the information provided by you for listings, advertising and/or sponsorship, or from the activities, malpractice or negligence of you, the supplier.
This may include but is not limited to, claims that any information provided by you, the supplier, is in any way misleading, inaccurate, libelous and/or offensive, and any action for breach of contract, and/or any tortious action.
The supplier acknowledges that the website has not made any guarantees with respect to usage statistics.
Your Information
As part of our service, we will take the information provided by you and create ‘listings’ or ‘adverts’ for the trip. This will involve making editorial changes to ensure it is presented to the best of our ability.
It is your responsibility to ensure that the information on display is accurate and complete.
We reserve the right to approve, amend or decline the copy supplied at our sole discretion. We also reserve the right to change the layout of supplier pages, the information that is displayed, and the look and feel of the site as we deem appropriate and without notice.
Information is accepted on the understanding that any descriptions of goods, services, stock etc. are accurate and comply with English law and the Trade Description Act 1968. You warrant that you own or control all rights or have obtained copyright, moral rights and similar permissions, consents, waivers as are required for the display of logos and trademarks in the copy provided to us.
Advertisements must comply with the legal
All recommendations on www.outdooractivities.co.uk regarding properties and/or destinations are intended for the purpose of information and guidance only.
Direct Bookings
The customer may choose to share private contact information with you in order to proceed with a booking, either through www.outdooractivities.co.uk, through your website or by email.
You may use this information to communicate with the customer. In doing so, your account will not contain any further record of this communication. You are still subject to the terms of this agreement and agree to provide complete copies of your record of communication with a customer if required.
Best Price Guarantee
We have a ‘Best Direct Price Guarantee’ with customers.
All prices and offers listed on www.outdooractivities.co.uk must be the same price or less than the price available to the customer from any alternative source, including but not limited to, direct contact with you, through your website, or through your other advertising or sales partners (‘other source’) for the exactly equivalent product or service.
If we can provide evidence that the same product is available to the customer at a lower price through any other source (‘cheaper quote’), upon our request you agree to make this cheaper quote available for the customer to book through the site. If the customer has already booked and paid at a higher price, upon our request you agree to refund the difference to the customer within 14 days, such that the total price they have paid you will be the same as the cheaper quote.
Disclosure to Third Parties
Adventures Online Ltd will only use information that it collects about you in accordance with the Data Protection Act 1998. We will only send you information that you have agreed to receive, and each time we do so we will offer you the opportunity to amend your details or decline to receive further information if you so wish.
We do not sell or disclose your personal information to any third party without your prior consent except in the unlikely event that we sell our business then to the purchaser of that business. We do not sell mailing lists to third parties.
Bookings and Commissions due
If a customer books with you at any time after you submit a reply to an enquiry, or receive a call from the customer, you agree to pay a commission on the total value of their booking.
Commission is based on the total value of the booking (including extras).
You agree to declare honestly and promptly every time you receive a new booking from a customer you received contact from through the TOAD website.
As a result of the enquiry, the customer may book direct through your website, email or phone line.
Upon receipt of an email from us stating we have recorded that a customer has booked with you, you must notify us within 14 days if you feel this is incorrect, or if you wish to dispute that a commission is due on this booking.
Commission is due on any booking made by the customer with you, at any time after the enquiry has been submitted to you through this website.
This includes;
- a) cases where the enquirer subsequently contacts you direct. This will happen as we may provide your company name, phone number and website link;
- b) when that person is already on your database or has booked with you before, if that person makes a new enquiry through the site,
- c) the customer contacts you through any other source, including a travel agent, at any time after the enquiry was made to you through this website;
- d) the booking is made by another person travelling in the same group as the customer who made the original enquiry.
After paying commission on the first booking, should the customer contact you direct without going through this website, there will be no commission due on these subsequent bookings.
We will send you an invoice as required, specifying the fees and/or commission due. You agree to pay all invoices by the date specified on the invoice.
The invoice will provide details of how to pay. You may pay by direct bank transfer to our nominated bank account, or Pay Pal transfer.
Refunds for booking cancellations and changes
In the event of a booking cancellation by the customer after you have paid us commission on the total booking value, we will refund excess commission paid.
We will calculate the total refund due to you as: the total commission paid to us, minus i) the portion of that payment which was itemised as VAT, and ii) the commissionable percentage on any payments you have received from the customer that will not be refunded to them, in accordance to the terms and conditions agreed between you and the customer at the time of booking.
We will not make any refund if the cancellation was initiated by you, and not the customer, for any reason.
The refund is made by allocating credit to your account. This credit will be allocated as payment towards your future invoices, until the full amount of credit has been used. Credit will be applied to your account as soon as possible.
Termination
You understand and accept that failure to comply with these terms will lead to your reduced exposure on the site. Ultimately this will lead to the termination of this agreement and the suspension of our service to you.
If adherence to the requirements set out in these Terms is not maintained then we reserve the right to terminate this agreement, close your account and remove your pages or content from the site and in this event no refund will be payable.
Cookies
Our Website may employ the use of ‘Cookies’. These are small pieces of information that are stored by your browser on your computer’s hard drive and which track and report back information about you to us. Most browsers automatically accept Cookies, but you can usually change your browser to prevent that if you wish.
