Terms and Conditions
- Website Terms and Conditions
- Terms & Conditions Guests
- Terms & Conditions Accommodation Hosts
- Terms and Conditions Advertisers
Terms and Conditions for Advertisers
These are the terms on which Eventful Stays Limited (Company No. 7333050) Limited ('Eventful Stays') do business. They do not affect your statutory rights. They are designed to set out clearly Eventful Stays' responsibilities and your rights and responsibilities when advertising with us.
This agreement is made between parties:
- Eventful Stays Limited (Company Number 7333050) whose registered office is at McGowan House, 10 Waterside, The Lakes, Bedford Road, Northampton NN47XD, trading as Eventful Stays ('ES'); and Eventful Stays Ltd and
- The person or entity whose identity and contact details are specified in the Online Application Form (the ‘advertiser’).
- ES is in the business of (inter alia) providing marketing through an online communication platform to the advertiser.
- The advertiser now wishes to appoint ES and ES accepts, such appointment by the advertiser as a platform for advertising an event, attraction, service or experience, pursuant to the terms and conditions hereinafter contained.
- 1.1The prices to list tours with Eventful Stays are as follows: £19.50 for 1, £49 for 5, £99 for 10 (plus 10 free);
- 1.2Each tour advertiser can list their contact details within their advert to be contacted directly for all bookings;
- 1.3Once a tour host has accepted a booking from a guest, they must confirm payment method and date directly with the guest;
- 1.4The tour host reserves the right to reject any booking without giving any reason;
- 1.5ES will not get involved in any booking changes or cancellations;
- 1.6All booking confirmation will be sent to the guest directly from the tour company;
- 1.7The ES cancellation policy does not apply to tours. The cancellation policy of each tour can be viewed on the individual tour company website.
2. Listing Experiences, Events and other Host Services
- 2.1The price to list an experience, event or other host service is £19.50 per year.
- 2.2To list an Experience, Event or other Host Service, you must create a Listing and submit the Experience, Event or Host Service to Eventful Stays. To be considered for publishing on the Eventful Stays Platform, Experiences, Events or other Host Services must at all times meet the quality standards for Eventful Stays and meet Guest demand. Eventful Stays reserves the right to decide, in its sole discretion, if a submitted Experience, Event or other Host Service will be published on the Eventful Stays Platform.
- 2.3You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Experience, Event or other Host Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Experience, Event or other Host Service(s).
3. Duration, Suspension and Termination
- 3.1This Agreement shall come into effect on the Commencement Date and, subject to Clause shall continue in force until either Party gives not less than two (2) months' prior written notice to the other Party, such notice to expire on the first or any subsequent anniversary of the Commencement Date.
- 3.2Hosts who have become a member of Eventful Stays using the annual subscription and paid the annual fee, who wish to cancel before the end of the 12-month period are not entitled to a refund of the full or part of their subscription fee. This does not affect the money back guarantee offer for Premium Listings.
4. Premium Listings
The price to upgrade your listing to a Premium Listing is £19.50. Premium Listings will receive the following benefits:
- Money back guarantee
- Listed in our top 10 best features
- Featured in our newsletters and promotional materials
- Included in our social media pages
- Featured on Facebook and posted worldwide
- Full blog article written about your business
- Have access to dedicated account managers: we're here to help
- Upload extra images and descriptions
- Be featured on our homepage
4.1 Money back guarantee
Premium Listing hosts are entitled to a money back guarantee offer of £19.50 after the 12-month subscription if they have not received a minimum of £19.50 in bookings.
5. Force Majeure
- 5.1Without prejudice to previous clauses, the obligations of each Party under this Agreement shall be suspended during the period and to the extent that that party is prevented or hindered from complying with them by any cause beyond its reasonable control, including (insofar as beyond such control but without prejudice to the generality of the foregoing expression) strikes, lock-outs, labour disputes, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood and storm.
- 5.2In the event of either Party being so hindered or prevented, the Party concerned shall give notice of suspension to the other Party as soon as reasonably possible, stating the date and extent of the suspension and its cause, and the omission to give such notice shall forfeit the rights of that party to claim suspension. Any Party whose obligations have been suspended as aforesaid shall resume the performance of those obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party.
6. Entire Agreement
This Agreement constitutes the entire understanding between the Parties with respect to the subject matter of this Agreement and supersedes all prior agreements, negotiations and discussions between the Parties relating to it.
Save as expressly provided in this Agreement, no amendment or variation of this Agreement shall be effective unless in writing and signed by a duly authorised representative of each of the Parties to it.
Neither Party shall not without the prior written consent of the other Party assign, transfer, charge or deal in any other manner with this Agreement or its rights under it or part of it, or purport to do any of the same, nor sub-contract nor appoint sub-agents or delegates of any or all of its obligations under this Agreement.
9. Freedom to Contract
The Parties declare that they each have the right, power and authority and have taken all action necessary to execute and deliver, and to exercise their rights and perform their obligations under this Agreement.
The failure of a Party to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time or times thereafter.
If any part of this Agreement becomes invalid, illegal or unenforceable, the Parties shall in such an event negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the invalid, illegal or unenforceable provision which as nearly as possible gives effect to their intentions as expressed in this Agreement. Failure to agree on such a provision within six months of commencement of those negotiations shall result in automatic termination of this Agreement. The obligations of the Parties under any invalid, illegal or unenforceable provision of the Agreement shall be suspended during such a negotiation.
12. Rights of Third Parties
- 12.1No term of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
- 12.2Notwithstanding that any term of this Agreement may be or become enforceable by a person who is not a party to it, the terms of this Agreement or any of them may be varied, amended or modified or this Agreement may be suspended, cancelled or terminated by agreement in writing between the Parties, or this Agreement may be rescinded (in each case) without the consent of any such third party.
- 13.1Any notice required to be given pursuant to this Agreement, other than notices given pursuant to Clause 13 shall be in writing and shall be given by delivering the notice by hand at, or by sending the same by prepaid first class post to the address of the relevant party set out in this Agreement, or such other address as either party notifies to the other from time to time. Any notice given according to the above procedure shall be deemed to have been given at the time of delivery (if delivered by hand) and when received (if sent by post).
- 13.2Notices given pursuant to Clause 13 shall be in writing and shall be given by both email and by delivering the notice by hand at, or by sending the same by prepaid first class post to the address of the relevant party set out in this Agreement, or such other address as either party notifies to the other from time to time. Any notice given according to the above procedure shall be deemed to have been given at the time of delivery (if delivered by hand and/or by email) and when received (if sent by post).
Nothing in this Agreement shall be taken to create any joint venture, partnership or other similar arrangement; the Parties shall at all times stand in relation to each other as independent contractors. Save as expressly contemplated by this Agreement, neither Party is or may hold itself out to any third party as being the agent of the other.
15. Dispute Resolution
- 15.1The Parties will attempt in good faith to resolve any dispute or claim arising out of or relating to this Agreement by negotiations between senior executives of the Parties who have authority to resolve such disputes or claims.
- 15.2If the matter is not resolved by the mediation procedure in this Clause 23 within 21 days of the initiation of such procedure (or such other period as may be agreed in writing) or if either Party will not or ceases to participate in the aforesaid mediation procedure, the dispute shall unless otherwise agreed by the Parties in writing, be referred to the English Courts.
16. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with English law and each Party hereby irrevocably submits to the jurisdiction of the English Courts.
Last updated: August, 2017