Advertiser Agreement

1. Scope and Definitions.

www.PackYourClubs.com ("Site") is a venue whereby owners/managers of accommodation (“Owners”) offer for rent a specific holiday rental property or unit (“Property”) to potential holiday travellers (“Renters”).
By using www.PackYourClubs.com to advertise your Property you expressly acknowledge that you are subject to the following terms and conditions ("Terms").
You should read through the Terms carefully; they constitute a legally binding agreement.
The services of Site may only be used by Owners who can form legally binding contracts under applicable law. If you are registering on behalf of an incorporated or unincorporated entity, you represent that you have the authority to bind the entity to this Agreement.
PackYourClubs the website is owned and operated by WebReactive Limited, a UK listed company registration number 5880345. Any reference to PackYourClubs shall also imply WebReactive Limited (hereafter referred to as “we” or “us”).
IMPORTANT NOTE - If you do not fully agree to these Terms, you may not access or otherwise use the Site.

2. Scope of the Site.

2.1. We do not own nor can we be a party to any contract concerning Property listed on the Site. Instead, the Site acts as a venue to allow Owners to offer for rent a specific Property to potential Renters. We are not involved in the actual transaction between Owner and Renter. As a result, the quality, safety or legality of Property advertised, the truth or accuracy of the listings, the ability of Owner to rent the Property or the ability of Renter to pay for rental of Property are solely the responsibility of the parties to the contract (Owner and Renter).

3. Agreement.

3.1. The publication of Property details by Site requires acceptance by the Owner of the terms and conditions as detailed herein. The agreement will commence once the Property page content has been loaded, any due payment to us received, the Property page activated (published) and accepted by us. If for any reason a Property page payment due to us is not received, the page may be removed from the Site.
Any advertisement which contravenes the Terms and Conditions herein may be removed by us without further notice.

4. Property Listing.

4.4. The Site is currently an English language website, property pages will therefore be constructed in English.
4.1. All properties must be clean, well maintained and located either upon or near Golf course venues. Only one property may be published per webpage.
4.2. It is the responsibility of Owner to ensure that advertising content is accurate, does not misrepresent and is structured in a manner generally in keeping with other properties promoted on the Site. The advertiser will not attempt to create an advertisement that unduly stands out from or disadvantages other properties. For example, all capital letters, bold or coloured text etc.
4.3. We reserve the right to correct spelling mistakes, adjust photographs, change or amend content to comply with publishing and legal requirements for the internet. The final decision as to the inclusion or omission of content is at the sole discretion of us.
4.4. Notwithstanding our right to edit and amend the content, copy and photographs, we do not accept and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by Owner or edited or amended by us.
4.5. By submitting a photograph either electronically through the Site Owner represents and warrants that (a) (i) they hold all intellectual property rights with respect to each submitted photograph, or (ii) they have secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph.
4.6. Each listing may only relate to a specific property. The property in a listing may not be substituted by another property. If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.
4.7. Any entries in the guest book or Property review section of any listing must be genuine comments from guests who have stayed at the property advertised. The e-mail address of the guest whose comments are given must be supplied by Owner to us upon our request.

5. Changes to & Availability of Site.

5.1. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content, where we have legal, commercial or technical reasons to do so. We may also impose limits on certain features or services or restrict your access to parts or all of the Site for similar reasons.
5.2. There may also be times when the Site becomes inaccessible as a result of technical difficulties experienced by us or on the Internet. We will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the Site or any of its specific features.

6. Privacy Policy.

6.1. We will not, without your prior consent, disclose your email contact details to any third party.
6.2. We will not, unless previously agreed by yourself, contact you with emailed marketing communications from us.

7. Identity Verification.

7.1. User verification on the Internet is difficult and we cannot and do not confirm each Renter’s purported identity. We encourage you to communicate with Renter, through the tools available on the Site, to verify their integrity.

8. Limitations of Use of Other User's Information.

8.1. You agree that, with respect to any personal information that you obtain through the Site or through any Site-related communication or any Site-facilitated transaction, we have granted to you a license to use such information only for: (a) any Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, (c) facilitating a financial transaction between you and the other user (such as an on-line booking or charging a personal credit card) and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give the other party an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users' personal information with the same degree of care that you protect your own confidential information, and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

9. Responsibility for user-contributed content.

9.1. All property listings on the Site are submitted by the Property Owner and are the responsibility of the Property Owner and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, or any alleged breaches of contract on an Owner's part.
9.2. By submitting a photograph through the Site the user represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph.
9.3. Each member further represents and covenants that any information submitted to the Site during such member's registration with the Site shall be true and correct.

10. No Agency.

10.1. Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.

11. Limitation of Liability.

11.1. In no event will the Site, we or any of our directors or employees be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from our Site, these Terms, your use of the Site and/or any transaction between users, even if we or they have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, breach of warranty, tort, negligence, or any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law.
11.2. If you are dissatisfied with the Site or do not agree with any part of these Terms then your sole and exclusive remedy against us is to discontinue using the Site.
11.3. In the event that you have a dispute with one or more other users (including, without limitation, any dispute between users regarding any transaction or user-contributed content), you hereby agree to release and discharge us from all liabilities, claims and expenses which arise out of or in connection with that dispute.

12. Disclaimer.

12.1. We warrant only that the Site will be provided and maintained by us with reasonable skill and care. We do not guarantee that the Site will meet your requirements, including (without limitation) as to the availability or speed of delivery of the Site or any of its features, the veracity of content, any communication through or relating to the Site, or any transaction you may enter into with other users.
12.2. All enquiries resulting from promotion of Property on the Site will be answered directly by Owner. We are not involved with and are not responsible for any commercial or contractual agreement resulting from such communications. We are acting in the capacity of an advertising agent promoting properties upon the Internet and cannot be held responsible in any way (loss, damage, injury etc.) relating to Property as advertised. The accuracy of Property listing is the responsibility of Owner and we will not be held liable for any errors, omissions, misunderstandings or claims arising from an advertisement or any third party arrangement made with a Renter.
12.3. This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third-party sites or the contents thereof.

13. Indemnity.

13.1. You agree to indemnify us against all liabilities, claims and expenses (including reasonable legal fees) that may arise out of or in connection with any breach of these Terms by you or of your user-contributed content infringing these Terms or the rights of any person or entity or any rental or other property-related transaction to which you are party or that is entered into in connection with this Site.

14. Copyright Grant.

14.1. As an Owner, by accepting these Terms and by posting a listing on the Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the Site or the websites of our affiliates, and you grant the Site and its holding company, WebReactive Ltd, the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. We need these rights to host and display your listing. You further agree to assist us, at our expense and control, to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any member. Each member hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by such member.

15. Distance Selling.

15.1 When as an Owner you choose to create a listing, you are agreeing that the listing may be placed shortly after you provide your agreement to create it. As a result you do not have the right to cancel your agreement to create the listing during the cooling-off period which is provided for certain transactions under the Consumer Protection (Distance Selling) Regulations 2000.

16. VAT (Value Added Tax)

16.1 Our services are defined for VAT purposes under paragraph 3, Schedule 5, VATA 1994.

  • We are legally required to charge VAT on our fees at the prevailing rate (currently 17.5%) to Owners who are resident in the UK.
  • If you are an Owner resident within the EU, but outside the UK, no VAT is payable provided that you are advertising your property for a business purpose. In this context, a “business purpose” means that you rent property on a regular basis to generate income. Please note you are normally considered resident in the country where you pay tax.

Please note that all Owners, whether they are in business or not, are responsible for charging and accounting to the relevant authorities for taxes (including, where relevant, VAT) on the rental payments they receive.

  • If you are a member resident outside the EU, VAT will not be charged as our services are outside the scope of UK VAT when provided to you.

17. Termination of Advertising

17.1. All listing of Property are sold to run the full term chosen by Owner. Listings removed at your request prior to the completion of their full term are not subject to a refund.
17.2. We reserve the right to refuse any listing submitted to Site. We may refuse to publish the listing for any reason and Owner expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.
17.3. If, in our reasonable discretion, Owner submits unsuitable material to our Site, persistently misuses the Site or is in material breach of these Terms, we reserve the right to remove immediately such member's Property from Site without refund.
17.4. If we become aware of or receive a complaint from any person or entity regarding a member's listing or rental practices that, in our reasonable discretion, warrants the immediate removal of such member's allegedly offensive listing from the Site (for example, and without limitation, if a member double-books a property for multiple Renters on the same date, or engages in any practice that, in our reasonable discretion, would be considered unfair within the holiday rental industry, or if we receive a complaint that any listing's content infringes on the rights of a third party), then we may immediately remove the allegedly offensive listing from the Site without notice to Owner and without refund while we investigate the basis for the complaint. If we conclude, in our reasonable discretion, that any such complaint is meritorious, then we may permanently remove the offensive listing from the site without notice to the member and without refund.
17.5. If any member is in breach of these Terms or its obligations to us then we may immediately remove such Owner's listing from the Site without notice and without refund.

18. Amendment of Terms.

We reserve the right to change these Terms from time to time, and post the new version of these Terms. When we do so, we will notify users of the fact that there are changed Terms on the Site, and the new version of these Terms will thenceforth take effect, and will govern this Site and your relationship with us:

19. Miscellaneous.

19.1. These Terms are intended to constitute the entire agreement between us and you with respect to your use of the Site.
19.2. We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms or other unauthorized use of the Site.
19.3. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision.
19.4. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall deemed severed, and the remainder of these Terms shall continue in full force and effect.
19.5. We reserve the right to assign these Terms (and our agreement with you), but will not do so in such a way as to reduce any guarantees you are given under these Terms. You may not without our written consent assign these Terms (or your agreement with us).

20. Jurisdiction.

This Agreement shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.