Terms and Conditions

BestHolidayLettings.com              
Choose YOUR vacation home from home

BestHolidayLettings.com is a trading name for P&A Holidays which is a division of  PA Enterprises (UK) Ltd.

This Listing Agreement is made as of the _ _ day of _ _ _ _ _, 2007 by PA Enterprises (UK) Ltd, PO Box 7213, Daventry. Northants. NN11 1BP. ENGLAND.

PA Enterprises (UK) Ltd is registered in England - No 3197068. Registered Office: Griffin Court, Chapel Street, Manchester. M3 5EQ. VAT Number - 897378741

Hereafter referred to as “Company” and:

Vendor Name:  
Contact Name:
Home Address:
Telephone #:
Email Address:
Web URL:

Hereafter referred to as “Vendor”

A. Recitals


BestHolidayLettings.com is a complete Internet Web based Reservation Management and Process System. Following are the services provided in this Agreement:

·          List inventory for rental Vendors. (Listing Agreement)               
·          Full Booking system for walk in and phone in traffic (Full Management Service)               
·          Shows photos               
·          Books reservations 24 hours a day, 7 days a week, 365 days per year            
·          Complete contact with rentor to ensure level of service               
·          Emails confirmations to rentor and vendor
·          Updates fleet availability in “real time”       
·          Maximizes revenue through daily Internet rate modifications as required.               
·          Internet Credit Card Process.           

B. Term

The Initial Term of this Agreement shall be for a period of 1 year from the date of the contract signing, and unless terminated as provided in this Agreement, shall renew for additional 1 year terms at the expiration of the initial term or any renewal term. After the first anniversary of the Effective Date, any Party may terminate this Agreement effective December 31 of any calendar year by giving written notice of termination by no later than December 1 of such calendar year. If Vendor submits inventory or rate changes to Company through an Electronic Message after this Agreement terminates, then the terms of this Agreement shall apply to any bookings made by renter for such rentals, unless the Parties have mutually agreed in writing to different terms. Contract shall be subject to cancellation by either party in default of the terms and conditions of the Agreement.

               
C. Defined Terms

Authorized agent: The legal title owner of the property               
Automatic renewal: If contract is not canceled by either party 60 days prior to expiration date, contract shall automatically renew for another year.               
Base rental rate: The daily rate times the number of days rented.               
Booking agreement:  Agreement P&A Worldwide Vacation Rentals prepares for end-user to secure services for Vendor.

Company affiliates:  Any related entity associated or authorized to conduct or share services on behalf of PA Enterprises (UK) Ltd or Vendor.               
Commissions:  Payment as calculated per this agreement and as adjusted from time to time in writing by and between the Company and Vendor for all services rendered to Vendor or authorized agent.               
Intellectual property rights:  Defined by ownership of legal title owner.               
Legal title owner:  Real property legal title owner of the property being listed.               
Listing agreement: Contract for services between the Company and Vendor.               
Taxes:  Any state, local, federal, or municipal taxes as assessed or due as a result of any services provided by the Company and Vendor. Vendor assures all taxes in this transaction with the exception of state or federal income tax due from commission payments made to the Company.               
Third party claims: Claims made by entity that is not a party to this contract.               
Vendor:  Supplier of inventory as legal title owner   
           
D. Agreement

1)       Vendor will provide a vacation rental (VRs) in a ready, able and rentable condition for rental to customers through the company’s Website and those of the company’s affiliates. Vendor will keep VR well maintained. Vendor will provide the necessary services of checking in/out and orientation to the company so that correspondence can be sent to the customer. Vendor will provide photographs, floor plans and content for which to advertise their VRs on the company’s Website and affiliate websites. Vendor to assure content matches the company’s advertised material as submitted by Vendor and has secured all rights of ownership, title, and rights of usage.  
           
2)       Company will make availability real time calendars, current content, reservation reserving and contracting. Company will forward all reservations and any other appropriate documentation to Vendor immediately upon booking. Credit card payments will be forwarded in a timely manner with booking and processing is complete subject to credit adjustments.     
         
3)      Vendor must ensure that their availability calendar is up to date and is updated immediately after taking their own personal bookings, including their own vacations. This is very important, and is designed to ensure that bookings are not taken where availability is not there.    
          
4)      Company will market, advertise, and promote VRs on the company Website and any other Company affiliate websites or related links.   

5)      Membership plans

Please be aware that if you are a UK/EU resident or your property is within the UK/EU then VAT at the prevailing rate will be added to the above charges.

If the membership fee is paid by credit card please be aware that there will be a 5% fee added.

This membership is split into:   
GOLD – 52 members
SILVER – unlimited
BRONZE – unlimited

Please select one of the below (mark with X)

GOLD
SILVER
BRONZE

Please note that the membership is based on per property.

6)     Rates and conditions are subject to change without notice.

7)       Revenue collected through the Company on behalf of the Vendor will be forwarded to the Vendor within 10 working days of payment clearing (minus any commission charges and/or VAT). Vendor shall be responsible for payment of all taxes collected and ultimately all taxes due in any State or Federal jurisdiction. Please note due to accounting the first payment will arrive 45 days following the first payment if made by Credit Card.

8)     The Company cannot guarantee the number of bookings any individual property/advert/listing may receive.

9)       The Company will respond to Renter/ Vendor credit card disputes in a timely fashion. Vendor agrees to respond to the Company’s request for information in a timely fashion to facilitate a satisfactory resolution. Disputes awarded to the renter from the credit card company and any associated fees will be the responsibility of the Vendor, and Vendor agrees to reimburse the Company for the amounts credited to the renter by the credit card company.   

10)      The Vendor will respond to disputes from the renter due to mechanical deficiencies or other complaints within 10 days of notification. Disputes not resolved satisfactorily will put the Company and Vendor in a poor business position. Best efforts will be used to resolve disputes in a satisfactory manner. Any serious complaint may result in the Vendor’s advertisement being removed from the site immediately with no recompense to the Vendor.

11)      Neither Party may assign this Agreement without the written consent of the other Party (which consent shall not be unreasonably withheld or unduly delayed).

12)      If any provision of this Agreement is held by a court to be invalid, void or unenforceable, the remainder of this Agreement shall nevertheless remain both unimpaired and in effect.

13)      Company or the Vendor pursuant to this agreement grants no license, joint venture or partnership express or implied.

14)      Each Party agrees to maintain in strict confidence all plans, designs, drawings, trade secrets, and other proprietary information of the other Party that is disclosed pursuant to this Agreement. An obligation of confidentiality shall apply to all proprietary use in regard to the functionality of Company website, contracts, and other intellectual property today and for future enhancements and is not to be communicated verbally or in written form without the express written consent of a representative of the company. Breach of this implied confidentiality agreement is cause for termination by Company and reward of damages for said breach as awarded in a court of law.

15)    Vendor agrees to notify Company of any rental extension request from renter, and remit payment of fees due to the Company for such extension.

16)    Neither Party shall be liable for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by an event of Force Majeure, including, but not limited to, fire, flood, explosion, accident, war, strike, embargo, governmental requirement, civil or military authority, Act of God, or any other causes beyond their reasonable control. Any such delay or failure shall suspend the Agreement until the Force Majeure condition ceases. The length of the suspension could extend the term Agreement.

17)    Under no circumstances shall the Company or its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from, or arise out of the use of, or inability to use, the web site and/or affiliate sites. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even the Company and/or its affiliates have been advised of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; the Company’s and its affiliates’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.

18)    Vendor agrees to defend, indemnify, and hold harmless the Company, other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of the web site, affiliates’ sites, the suitability of the information contained on or received through use of this site, or any services or products received through this site, or any violation of this Agreement. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.

19)    Company may suspend or terminate this Agreement or Vendor's use immediately upon receipt of any notice which alleges that Vendor has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose the Vendor's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and Vendor agrees not to bring any action or claim against Company for such disclosure.

20)    This site (excluding third party linked sites) is controlled by the Company from its offices within the United Kingdom.

21)    The Company's, licensors', affiliates, merchants or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties and you agree never to use such without express written permission.

22)    Each person executing this Agreement on behalf of Company or Customer represents and warrants that he or she has been fully empowered to do so, and that all necessary corporate actions (if any) required for the execution of agreements have been taken.               

23)    By signing below, I acknowledge that I am legal title owner with authority to enter into this listing agreement.

24)   Vendors will be responsible for payments from rentors and providing all directions and contact details to the rentor in a timely fashion and within 4 weeks of their arrival date.

25)      Vendor agrees not to add any URL weblinks, or contact details to any of their details (unless they are a Silver or Gold member). The pages will be checked and if any are found the advertisement will be removed with no recompense.

Vendor:                                                                                PA Enterprises (UK) Ltd
Address:                                                                             PO BOX 7213
                                                                                             Daventry, Northants
                                                                                             NN11 1BP. ENGLAND
Telephone:                                                                        TEL(UK) 08448009645
Email:                                                                                 info(AT)bestholidaylettings(DOT)com
Signed:                                                                               Signed: Anne Tricklebank-Vowell
                                                                                             Position: Director