TERMS & CONDITIONS OF ADVERTISING
Terms and definitions
For the purposes of these terms, an ‘Advertisement’ refers to all types of advertisements including (without limitation) Web Listings, and Featured Listings on britainsfinest.co.uk, our apps, and on the Britain's Finest Newsletter.
SpeedyBooker.com Ltd accepts the publication of the Advertisements on the terms set out below and by placing an order, the Advertiser (being the person or organisation placing the order for the Advertisement, whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these terms in full.
The Advertiser’s listing can include photographs (3 minimum), a 150 word description, facilities and services, general info, special offers, a video and customer reviews.
Photos and logos should be supplied in JPEG format.
SpeedyBooker.com Ltd reserves the right at any time to change the format of a Web Listing.
Duration of agreements
The start date of Web Listings and Slideshow Advertisements will be agreed by both the Advertiser and SpeedyBooker.com Ltd.
The duration of the agreement for Web Listings will be until the end of the calendar year in question.
Without limiting its other rights or remedies, SpeedyBooker.com Ltd may terminate these terms at any time by giving to the Advertiser no less than 30 days' prior written notice. On termination of these terms:
(a) SpeedyBooker.com Ltd will refund a pro-rata rate for any paid-for advertisements outstanding, or if applicable, the Advertiser will pay to SpeedyBooker.com Ltd any fees that have accrued from the start date of the Advertisements to the date of termination; and
(b) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
Content, display, placement and links
The Advertiser will ensure any Advertisements it wishes SpeedyBooker.com Ltd to use will be delivered to SpeedyBooker.com Ltd in a timely manner and in any event on or before such date as SpeedyBooker.com Ltd may notify the Advertiser in writing from time to time and the Advertiser shall be solely responsible for delivering the Advertisements to SpeedyBooker.com Ltd.
Where SpeedyBooker.com Ltd considers an Advertisement to be unsuitable or contrary to these terms, it may, without any liability to the Advertiser, reject, remove or require any Advertisement (or part of it) to be amended.
The Advertiser represents, warrants and undertakes to SpeedyBooker.com Ltd that:
(a) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(b) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(c) the Advertisements are legal, decent, honest and truthful, and comply with all applicable laws, regulations or codes of practice; and
(d) the Advertisements are not libellous or obscene and do not infringe the rights of any person (including any person's intellectual property rights).
Where the Advertiser is an advertising agency or media buyer, the Advertiser further warrants that it is authorised by the advertiser of a product or service to place the Advertisement with SpeedyBooker.com Ltd and the Advertiser will compensate SpeedyBooker.com Ltd for any claim made by such advertiser against SpeedyBooker.com Ltd.
Slideshow Advertisements will link to the listing page of the Advertiser, unless otherwise agreed.
For Web Listings, the links on the profile pages will have a no follow attribute and will pass through a gateway page so that SpeedyBooker.com Ltd can track website statistics.
Fees and payment
The prices for the Advertisements will be set out in the quotation provided by SpeedyBooker.com Ltd, and all prices quoted are exclusive of VAT. SpeedyBooker.com Ltd reserves the right to change the prices at any time.
Once an order for an Advertisement has been received the order is non-cancellable and non-refundable.
All Advertisements will be invoiced on date of agreement, unless otherwise agreed.
All invoices are payable within 30 days from the date of invoice and time for payment is of the essence.
SpeedyBooker.com Ltd may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising, as required under these terms.
Without limiting any other right or remedy of SpeedyBooker.com Ltd, if the Advertiser fails to make any payment due to SpeedyBooker.com ltd under these terms by the due date for payment, SpeedyBooker.com Ltd shall have the right to charge interest on the overdue amount at the rate of 2% per month accruing on a daily basis from the date of due payment until the date of actual payment of the overdue amount, whether before or after judgement, and compounding monthly.
All fees are non-refundable and will not be pro-rated should Advertiser decide to discontinue the display of a Slideshow Advertisement, Featured Listing, or Web Listing.
Notwithstanding the other terms and conditions on SpeedyBooker.com Ltd's site, the Advertiser acknowledges and agrees that SpeedyBooker.com Ltd owns the intellectual property rights in all Advertisements written or designed by it, or on its behalf.
The Advertiser grants to SpeedyBooker.com Ltd a non-exclusive, royalty-free, irrevocable licence to:
(a) use the Advertiser’s names, trade marks and/or logos as SpeedyBooker.com Ltd may consider reasonably necessary for the purposes of publishing the Advertisements; and
(b) reproduce the Advertisements including photographs in any media at any time (we will endeavour to let you know when we send your photo to a media publication).
All agreements are non-exclusive, meaning SpeedyBooker.com Ltd may have Advertisements from several parties appearing on its site and in the Britain's Finest apps at the same time.
SpeedyBooker.com Ltd will not be responsible for any liability, loss, cost, claim, damage or causes of action of any kind (and whether direct or indirect) that it may suffer as a result of the transactions contemplated hereby, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause or fault.
Truth in advertising / indemnification for liability
The Advertiser is solely responsible for any liability arising out of or relating to Advertisements (as the case may be) and the use and/or publication of them, and/or any material to which users can link through to. The Advertiser represents and warrants that any information found on URLs hyperlinked from Advertisements will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trade mark, trade secret, image or other proprietary or confidential information or property right, false advertising, unfair competition, defamation, invasion of privacy or rights, violation of any anti discrimination law or regulation, or any other right of any person or entity.
The Advertiser agrees to indemnify SpeedyBooker.com Ltd and to hold SpeedyBooker.com Ltd, and its officers, directors, employees and agents harmless from any and all liability, loss, cost, damages, claims or causes of action of any kind, including reasonable legal fees and expenses that may be incurred by SpeedyBooker.com Ltd, arising out of or related to the Advertiser’s breach of any representations and warranties in these terms.
SpeedyBooker.com Ltd's liability for losses suffered by the Advertiser as a result of a breach of these terms by SpeedyBooker.com Ltd is strictly limited to the price paid for the Advertisements.
To the fullest extent permitted by law, SpeedyBooker.com Ltd expressly excludes any liability for any indirect, special or consequential loss or damage arising out of or in connection with these terms or an Advertisement, and also excludes, without limitation, any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect SpeedyBooker.com Ltd’s liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
In this clause, the following definitions apply:
Agreed Purposes: (i) the performance by each party of its obligations under this agreement; and (ii) direct marketing to Guests in connection with services ancillary to this agreement.
Controller, data controller, processor, data processor, data subject, personal data, processing and appropriate technical and organisational measures: as set out in the Data Protection Legislation in force at the time.
Data Protection Legislation: (i) the Data Protection Act 1998, until the effective date of its repeal (ii) the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation, for so long as the GDPR is effective in the UK, and (iii) any successor legislation to the Data Protection Act 1998 and the GDPR, in particular the Data Protection Bill 2017-2019, once it becomes law.
Permitted Recipients: The parties to this agreement, the employees of each party, and any third parties engaged to perform obligations in connection with this agreement.
Shared Personal Data: the personal data to be shared between the parties under this agreement. Shared Personal Data shall be confined to names; addresses, both geographical and email; home and mobile telephone numbers; passport/ID number.
This clause sets out the framework for the sharing of personal data between the parties as data controllers. Each party shall comply with all the obligations imposed on a controller under the Data Protection Legislation, and any material breach of the Data Protection Legislation by one party shall be considered to be a material breach of this agreement.
Each party shall:
(a) ensure that it has all necessary notices and consents in place to enable lawful transfer of the Shared Personal Data to the Permitted Recipients for the Agreed Purposes;
(b) give full information to any data subject whose personal data may be processed under this agreement of the nature of such processing. This includes giving notice that, on the termination of this agreement, personal data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors and assignees;
(c) process the Shared Personal Data only for the Agreed Purposes;
(d) not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
(e) ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by this agreement;
(f) ensure that it has in place appropriate technical and organisational measures, reviewed and approved (when requested) by the other party, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
(g) not transfer any personal data received from the Data Discloser outside the EEA unless the transferor:
(i) complies with the provisions of Articles 26 of the GDPR (in the event the third party is a joint controller); and
(ii) ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 GDPR; (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) one of the derogations for specific situations in Article 49 GDPR applies to the transfer.
Each party shall assist the other in complying with all applicable requirements of the Data Protection Legislation.
Each party shall indemnify the other against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the indemnified party arising out of or in connection with the breach of the Data Protection Legislation by the indemnifying party, its employees or agents, provided that the indemnified party gives to the indemnifier prompt notice of such claim, full information about the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it.
We will use reasonable endeavours to be compliant with the Payment Card Data Security Standard and We will be audited each year by a suitably qualified security assessor.
Changes to Terms
We reserve the right to change the terms of this agreement on 45 days’ written notice to You. Unless we receive written notice to the contrary within 30 days of serving such a notice, You will be deemed to have accepted this change, which will take effect at the expiry of that 45 day period.
If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Agreements shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts in connection with any disputes which might arise out of, under or in connection with this agreement.