Terms & Conditions for Accommodation Listing
If your application is successful and your accommodation is subsequently listed on the Greentraveller website, you agree to abide by the following terms and conditions between you and Greentraveller Limited, a company incorporated in the United Kingdom with company number 06997760 having its registered office at Durham Road Resource Centre, 86 Durham Road, Islington, London, N7 7DT United Kingdom (“Greentraveller”). You also acknowledge and agree to Greentraveller's Advertising Terms and Conditions.
Updated November 2012.
1. Definitions and interpretation
In this Agreement the words and phrases set out below shall, unless the context requires otherwise, have the following meanings:
1.1 “Greentraveller website” means the website or websites which shall be used at any time for the purposes of carrying out the business of Greentraveller or any associated company of Greentraveller. Such website or websites shall include the website which shall normally appear on the World Wide Web at the address http://www.greentraveller.co.uk however shall also be deemed to include any other website or websites which may be used for the purposes of carrying out the business of Greentraveller.
1.2 The terms “we”, “us”, “our” and “Greentraveller” refer to Greentraveller Ltd, (company number 6997760), a company whose registered office and main trading address is located at Durham Road Resource Centre, 86 Durham Road, Islington, London, N7 7DT.
1.3 The term “you” refers to the Accommodation owner Member or person responsible for uploading an Advert about their accommodation or Product on the Greentraveller website.
1.2 “Product” means all information pertaining to tours, accommodation or services offered by you to paying customers as part of your normal business operations.
1.3 “Marketing Channel” means any form of promotion or advertising utilized by Greentraveller for the purposes of promoting the Greentraveller website or the product of any Accommodation owner Member.
1.4 “Accommodation owner Member” means an Accommodation owner who, following successful application, is invited to become a member of the Greentraveller website as further defined in the “Greentraveller Membership Fees and Payment Terms” attached as an annex to this Agreement.
1.5 “Membership Fee” means the annual fee payable by an Accommodation owner who is invited to become a member of the Greentraveller website as further defined in the “Greentraveller Membership Fees and Payment Terms” attached as an annex to this Agreement.
1.6 “Confidential Information” means any information which shall be deemed confidential by either party by means of written advice to the other party.
1.7 References to Clauses and Paragraphs are to a clause or paragraph in this Agreement, as the case may be.
1.8 Words importing one gender shall be construed as importing any other gender. Words importing the singular shall be construed as importing the plural and vice versa.
1.9 Where any party comprises more than one person the obligations and liabilities of that party under this Agreement shall be joint and several obligations and liabilities of those persons.
2. Following acceptance of your application for your accommodation listing on the Greentraveller website, it is hereby mutually agreed by and between you and Greentraveller hereto that this agreement shall be formalised upon payment of the Membership Fee as outlined in the “Greentraveller Membership Fees and Payment Terms” attached as an annex to this Agreement.
3. Grant of rights over product content
By listing your accommodation on the Greentraveller website, you hereby grant to Greentraveller the following rights:
a) The right to market the product of your accommodation on the Greentraveller website and through any other related marketing channel used by Greentraveller for the purpose of promotion of the Greentraveller website.
b) The right to use your accommodation’s name, products, trade marks, trade names, logo and copyrights (all whether now owned or hereafter acquired) in connection with your accommodation’s product for all purposes in connection with the promotion and advertising of your accommodation’s product by Greentraveller.
4. Copyright
It is the responsibility of you to ensure that you have the right to reproduce any text, photographs, digital images or video which you upload to the Greentraveller website or supply to Greentraveller. You agree to indemnify Greentraveller against all claims costs arising out of any infringement of copyright for such text, photographs, images or video. Greentraveller warrants that photograph, images or video supplied to Greentraveller by your accommodation will only be used for promoting your accommodation, however Greentraveller expressly reserves the right to also use any text, photographs, images or video supplied by your accommodation on the general pages of Greentraveller. Greentraveller further warrants that any text, photographs, images or video supplied by your accommodation will not be used for any external commercial purposes outwith the Greentraveller website without the prior written agreement of your accommodation.
5. Term
The term of this Agreement shall commence on the date upon payment of the Membership Fee as outlined in the “Greentraveller Membership Fees and Payment Terms” attached as an annex to this Agreement. This Agreement shall continue for one (1) year from that date (as such term may be extended from time to time (the “Term Period”). The term of this Agreement shall be automatically extended from year to year after the expiration of each Term Period unless terminated by either party by means of written notice to the other party no earlier than sixty (60) days and no later than thirty (30) days prior to the expiration of the Term Period.
6. Product accuracy
You agree to keep all text, images and other information relating to its product accurate and up to date and this shall specifically include pricing information, day-to-day itineraries and descriptions of accommodation, tours and services. In the event that such information relating to your accommodation’s product is not kept up to date Greentraveller reserves the right to terminate this Agreement upon provision of thirty (30) days written notice. In such event, Greentraveller warrants to refund the remainder of your accommodation’s annual membership fee on a pro-rata basis from the date of termination by Greentraveller to the end date of the Term Period in respect to the last annual membership fee payment by you.
A listing on the greentraveller website is based on our assessment that you are committed to running your accommodation to a high standard of environmental practice. The decision as to what represents a high standard of environmental practice will rest solely with Greentraveller. In the event that we feel this is not the case, whether as a consequence of a site visit or otherwise, Greentraveller reserves the right to terminate this Agreement upon provision of thirty (30) days written notice. In such event, Greentraveller warrants to refund the remainder of your accommodation’s annual membership fee on a pro-rata basis from the date of termination by Greentraveller to the end date of the Term Period in respect to the last annual membership fee payment by you.
7. Payment terms
You agree to abide by the terms of the “Greentraveller Payment Terms” attached as an annex to this Agreement. Membership fees and payments are payable within 21 days of the due date on the invoice provided to you Greentraveller. Any bank fees or transaction costs relating to payments will be incurred by you. Failure to settle the due balance within a further 30 days entitles Greentraveller the right to terminate this Agreement and the remainder of the Term Period for any Membership Fee paid shall be forfeited.
8. Partnership
Nothing in this Agreement shall be construed as creating a partnership, joint venture or agency relationship between the parties.
9. Confidentiality
Each party agrees and undertakes that it will, and will procure that its employees and agents will, keep all Confidential Information confidential and will not disclose it in whole or in part to any third party, nor use Confidential Information for any purpose other than the performance of its obligations under this Agreement nor make any public announcement regarding the terms or operation of this Agreement except with the express written consent of the other.
Nothing in the provisions of this clause shall prevent you from disclosing any content from the Greentraveller website or Greentraveller company documentation to the extent necessary to comply with a requirement of law or any legitimate request by a regulatory or government authority.
10. Applicable law, dispute resolution and arbitration
10.1 This Agreement and its performance shall be governed by and construed in all respects in accordance with the laws of England and Wales.
10.2 Before resorting to legal proceedings the parties shall attempt to settle by negotiations between them in good faith all disputes or differences which arise between them out of or in connection with this Agreement. The parties further agree that (provided both parties consider that such negotiations would be assisted thereby) they will appoint a mediator or arbitrator by mutual agreement, to assist them in such negotiations. Both parties agree to co-operate fully with such mediator or arbitrator, provide such assistance as is necessary to enable the mediator or arbitrator to discharge his duties, and to bear equally between them the fees and expenses of the mediator or arbitrator.
10.3 To the extent permissible by law, the determination of such mediator or arbitrator shall be final and binding upon the Parties.
10.4 Nothing in this clause shall restrict any party’s freedom to commence legal proceedings of any nature.
11. Changes to these terms and conditions
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the Greentraveller Website. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Greentraveller Website after it has been posted.
ANNEX 1: Greentraveller Membership Fees and Payment Terms
The following fees are chargeable for the period of one year from the date payment is first received.
1. Standard Listing: £85 (€102) plus VAT, a year, which includes basic details about your accommodation, such as prices, types of rooms, contact details for reservations, url of your website, as well as up to four pictures of your accommodation and the locality.
2. Enhanced listing: £150 (€180) plus VAT, a year, which includes all the details above PLUS you are able to post your own description of your property (up to 500 words).
3. Reviewed listing: £250 (€302) plus VAT, a year, which includes all the details above PLUS your listing will contain a review written by greentraveller based on a visit by one of our travel writers (nb. we would not necessarily require an overnight stay). Your full listing will then include the top level branding: 'Reviewed by greentraveller'.
Fee payment in other currencies
Membership fees for non-UK members shall be charged in Euros or the appropriate currency based upon an exchange rate calculated by Greentraveller according to the Bank of England exchange rate on the day upon which Greentraveller and the new member sign this agreement.
Fee Levels
Members shall be advised in writing in advance of any increase in the fee levels for subsequent years.
Details of Variations:
20 November 2012: Addition of The terms “we”, “us”, “our” and “Greentraveller” and the term “you” to Section 1. Definitions and Interpretation.
Addition of the use of video to Section 4. Copyright.
Addition of the entire Section 11. Changes to these terms and conditions.
Addition of link and condition at top of this agreement to acknowledging and accepting our general Advertising Term and Conditions.
Change of registered address for Greentraveller Limited.
September 2012: Increase of fee of Standard Listing to Greentraveller Membership Fees and adjustment of Euro conversion for all fees.
1 May 2011: Addition of 'plus VAT' to Greentraveller Membership Fees.
end.
