Terms and Conditions

Background

This agreement applies as between you, the User of this Website and Theatre Digs Booker Limited, the owner of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Account" means collectively the personal information and credentials used by Users to access Subscription Content on the Website and to use the review service, message and booking facilities;

"Content" means any text, graphics, images, audio, video, software, data compilations or other form of information capable of being stored in a computer that appears on, or forms part of, this Website and includes Subscription Content;

"Deposit" means the sum of money paid by Users at the time of requesting a booking of the accommodation;

"Host" means any User who has an Account set up to advertise their accommodation to Guests through the Website;

"Subscription Content" means Content accessible only upon the creation of an Account;

"Service" means collectively any online facilities, tools, services or information that Theatre Digs Booker Limited makes available through the Website either now or in the future;

"System" means any online communications infrastructure that Theatre Digs Booker Limited makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"Theatre Digs Booker Limited" means Theatre Digs Booker Limited, Cromford Creative, Cromford Mills, Mill Lane, Cromford DE4 3RQ. Company Number: 7274436. Registered in England and Wales;

"User" / "Users" means any third party that accesses the Website and is not employed by Theatre Digs Booker Limited and acting in the course of their employment. These may be referred to as, but not limited to, "Guests" or "Hosts";

"Website" means the website that you are currently using (www.theatredigsbooker.com) and any sub-domains of this site (e.g. subdomain.theatredigsbooker.com) unless expressly excluded by their own terms and conditions.

"VAT" means value added tax chargeable under the VATA 1994 and any similar replacement tax and any similar additional tax.

"VATA 1994" means the Value Added Tax Act 1994.

In these terms, the singular may be expressed as applying to the plural and the plural may be expressed as applying to the singular.

1. Booking Facility

  1. When a Guest presses the 'Book Now' button they are required to pay a 10% Deposit (inclusive of VAT) through PayPal. This Deposit is held and not processed until the Host accepts the booking. If the Host declines the booking, or does not respond to the booking within 24 hours, the payment is cancelled and the Guest's account is not debited.
  2. On successful bookings, the Deposit is retained by Theatre Digs Booker Limited as commission on the booking.
  3. By pressing the ‘Book Now’ button, all Guests request and acknowledge that Theatre Digs Booker Limited will provide its services immediately to communicate this booking request to the Host and to facilitate the reservation. Once the booking is confirmed by the Host, the contract between Theatre Digs Booker Limited and the Guest is complete and the service has been provided. As such, Guests have no right to cancel their contract with Theatre Digs Booker Limited after this time and the Deposit becomes non-refundable (subject to clause 1.v below). Nothing in this clause affects a Guest’s right to cancel their contract with the Host (see 1.v below). Guests can still make use of the online facilities, communication tools and other Services available through the Website after their contract with Theatre Digs Booker Limited is complete.
  4. It is the Host's sole responsibility to communicate any further payment arrangements with the Guest. Whilst the expected protocol will be for the Guest to pay the balance of the agreed fee on arrival, specific, individual arrangements can be discussed and agreed between the Host and the Guest.
  5. Changes and Cancellations by the Host or the Guest: Once the booking is made, an open line of communication exists between the Host and the Guest. The Host is to provide their pro-form contract to the Guest, and the Guest is to agree the same. This contract is exclusively between the Host and the Guest in question, and Theatre Digs Booker Limited is neither a contracting party nor an agent to any such contract. Both parties have the responsibility to communicate any significant changes in the arrangements and amend or cancel the booking. If a Guest cancels the booking, Theatre Digs Booker Limited reserves the right to forward the Deposit to the Host by way of compensation. If the Host cancels, Theatre Digs Booker Limited reserves the right to return the deposit to the Guest. In either case, this would be the limit to which Theatre Digs Booker Limited has any financial liability notwithstanding the limitations of liabilities set out in 15.ii. Any enquiries regarding this should be sent to [email protected]
  6. Responding to and accepting bookings through the Website is a requirement of a Host Account. By updating availability on the calendar provided, and by responding to emails and SMS notifications, rejected and expired bookings should represent no more than 20% of total booking requests on each Account. Theatre Digs Booker Limited reserves the right to suspend or cancel Accounts if they deem necessary for the reputation of the Website, a judgment which Theatre Digs Booker Limited is entitled to exercise entirely at its own discretion.
  7. All Guests are required to book digs via the 'Book Now' button. A messaging facility is made available to all Users prior to, during and after the booking has been processed simply to allow both parties to discuss the booking in detail. Following any form of agreement reached through the messaging facility, the Guest is required to click the 'Book Now' button on the Host's listing and pay the 10% Deposit. If an expired or rejected booking subsequently becomes possible, the Guest must complete the booking via Theatre Digs Booker Limited’s booking facility. Any User found to be using the message facility to bypass the booking facility, either directly or by entering phone numbers and/or email addresses, will face the permanent deletion of their Account and that of the other party.

Full support is offered to assist Hosts in maintaining a high acceptance rate.

2. Intellectual Property

  1. Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Theatre Digs Booker Limited, or its affiliates. By continuing to use the Website, you acknowledge that such material is protected by applicable United Kingdom and applicable International Intellectual Property and other laws.
  2. Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 and 4 of these Terms and Conditions apply.

3. Use of Content

You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website for personal purposes only, unless otherwise indicated on the Website or unless given express written permission to do so by Theatre Digs Booker Limited. Specifically, but without limitation, you agree that you will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Theatre Digs Booker Limited.

4. Use of Subscription Content

Only applicable for accounts made prior to 14th January 2013 – see Clause 10 for more details.

  1. Creation of an Account grants you a licence to use all Subscription Features on the Website for the duration of your Account. You may use such Features in the following ways:
    1. for personal purposes; and
    2. for commercial purposes.
  2. Under such a licence, you agree that you will not systematically copy Subscription Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Theatre Digs Booker Limited.

5. Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Website. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

All Users agree that, by uploading any images to the Website, you grant Theatre Digs Booker Limited a royalty-free, irrevocable licence to use those images for our commercial purposes only in whatever way we see fit. This licence shall include a warranty from that User that they own, or have permission to exercise, the Intellectual Property Rights in such images, as well as an agreement to indemnify Theatre Digs Booker Limited in the event of any breach of a third party’s Intellectual Property Rights in such photographs.

6. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Theatre Digs Booker Limited or that of its affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those with control of them.

7. Links to this Website

Theatre Digs Booker Limited agrees to you providing a link from any internet resources to the homepage of the Website without requiring prior consent. In the event that you wish to deep link to specific pages within the Website, you will require the express written permission of Theatre Digs Booker Limited.

8. Use of Communications Facilities

  1. When using the forums, message service, booking facility, review service, blog comments (at www.blog.theatredigsbooker.com), facebook page (at www.facebook.com/theatredigsbooker) and / or any other System on the Website you should do so in accordance with the following rules:
    1. you must not use obscene or vulgar language;
    2. you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
    3. you must not submit Content that is intended to promote or incite violence;
    4. it is advised that posts on message boards, chat facilities or similar and communications with Theatre Digs Booker Limited must be made using the English language, as we may be unable to respond to enquiries submitted in any other languages;
    5. you must not post links to other Websites containing any of the above types of Content;
    6. the means by which you identify yourself must not violate these terms of use or any applicable laws;
    7. you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
    8. you must not impersonate other people, particularly employees and representatives of Theatre Digs Booker Limited or its affiliates;
    9. you must not use our System for unauthorised mass-communication such as "spam" or "junk mail";
    10. you must not bypass the booking facility by entering phone numbers, web addresses and/or email addresses to take any conversation off the Website. See clause 1.vi;
    11. All bookings must be made via the 'Book Now' button if initial contact has been made via messages and the booking is agreed by both parties. See clause 1.vi; and
    12. you must not submit Content that is in any way inaccurate, particularly when leaving reviews on the Website. Users shall be liable to indemnify Theatre Digs Booker Limited for any defamatory Content submitted.
  2. You acknowledge that Theatre Digs Booker Limited reserves the right to monitor and, when it considers appropriate, to remove, any and all communications made using our System.

9. Accounts

  1. In order to access Subscription Content on this Website and to use the message service, booking facility, calendar, forums, review service, blog comments (at www.blog.theatredigsbooker.com) and facebook page (at www.facebook.com/theatredigsbooker), you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Website you represent and warrant that:
    1. all information you submit is accurate and truthful; and
    2. you will keep this information accurate and up-to-date.
    Your creation of an Account is further affirmation of your representation and warranty.
  2. Sharing of accounts is not permitted unless expressly authorised in writing by Theatre Digs Booker Limited. You are required to keep your Account details confidential and must not reveal your Username and Password to anyone. If you use a shared computer, it is recommended that you should not save your Account details in your internet browser.
  3. When choosing your Username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
  4. You must be at least 18 years of age to use the Website and to create an Account.
  5. Theatre Digs Booker Limited understands that Guests who book accommodation which is advertised for ‘Theatre Professionals Only’ are theatre professionals, and all such Guests acknowledge, represent and warrant that they are using the Website wholly or mainly for professional and business purposes.

10. Host Accounts

Applicable to relevant Accounts prior to Jan 14th 2013.

  1. Subscription charges commenced on the date that you activated your subscription and on the 14th January 2013 all Accounts were upgraded to the new ‘Booking’ Accounts. Therefore, Accounts created prior to 14th January 2013 will not automatically expire or be renewed. Instead, your Account will continue to be active with no listing fee but a 10% commission is applicable to all bookings received through the Website. This is payable by the Guest at the time of booking.

    For further information on hosting please visit our FAQ page here: http://www.theatredigsbooker.com/faq

  2. If you terminate your Account your digs listing will remain offline until you contact us to reactivate your listing.

11. Termination

  1. Either Theatre Digs Booker Limited or you may terminate your Account. If Theatre Digs Booker Limited terminates your Account, you will be notified by email and an explanation for the notice will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
  2. If Theatre Digs Booker Limited terminates your Account as a result of your breach of these Terms and Conditions or for any other reason, you will not be entitled to any refund. Theatre Digs Booker Limited reserves the right to terminate for any breach of these Terms and Conditions.
  3. If Theatre Digs Booker Limited terminates your Account or subscription for any other reason, Theatre Digs Booker Limited reserves the right to refund any remaining balance of your subscription fee, where applicable. If Theatre Digs Booker Limited terminates your Account, you will cease to have access to Subscription Content from the date of termination.
  4. If you terminate your Account, you will cease to have access to Subscription Content from the date of termination.
  5. If any user of the Website wishes to make a complaint regarding termination or other aspect of the site, they can do so by emailing [email protected] or writing to the registered business address.

12. Privacy

Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please go to http://www.theatredigsbooker.com/privacy_policy.

13. Disclaimers

  1. Theatre Digs Booker Limited makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
  2. Whilst steps have been taken to ensure that all information provided on this Website is accurate and up to date, Theatre Digs Booker Limited makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our Service.
  3. No part of the Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
  4. Commercial use of the information on the Website is permitted as set out above; however Theatre Digs Booker Limited makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
  5. Whilst every effort has been made to ensure that all descriptions of services available from Theatre Digs Booker Limited correspond to the actual services available, Theatre Digs Booker Limited is not responsible for any variations from these descriptions.
  6. Theatre Digs Booker Limited accepts no liability in relation to any contract Users enter into or for any Services or arrangements Users purchase ("arrangements") or for the acts or omissions of any Host or advertiser or other person or party connected with any arrangements. For all arrangements, the Guests' contract will be with the Host in question (the 'supplier'). Please note that we do not offer any scheme of financial protection in respect of any bookings with any supplier.

14. Availability of the Website

The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Theatre Digs Booker Limited accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

15. Limitation of Liability

  1. Theatre Digs Booker Limited's liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these Terms and Conditions shall be limited to the value of the Deposit. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein, to the maximum extent permitted by law, Theatre Digs Booker Limited accepts no liability. Users should be aware that they use the Website and its Content at their own risk.
  2. Theatre Digs Booker Limited shall not be liable for any loss or damage arising out of the following circumstances, howsoever caused, including but without limitation:
    1. physical damage caused by a Guest to a Host’s property;
    2. nuisance caused by a Guest;
    3. loss or damage caused by a Host to a Guest’s property; and
    4. defamation.
  3. Theatre Digs Booker Limited is not liable as a contracting party or as an agent for any breach of a contract for accommodation secured through the Website, whether by a Guest or a Host.
  4. Nothing in these Terms and Conditions excludes or restricts Theatre Digs Booker Limited's liability for death or personal injury resulting from any negligence or fraud on the part of Theatre Digs Booker Limited.
  5. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is deemed unlawful by any relevant judicial or designated independent decision-making body.

16. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

17. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise. This includes any Terms and Conditions which a User seeks to rely upon which purport to govern the relationship between Theatre Digs Booker Limited and any User.

18. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected] Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

19. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Theatre Digs Booker Limited shall be governed by and construed in accordance with the Law of England and Wales. Theatre Digs Booker Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

ADDENDUM:

  1. USER RESPONSIBILITIES
    1. Neutral Venue

      The Website is an online venue through which Users find and learn about accommodation. The Website is merely a venue for users to learn about that accommodation and, if they wish, arrange to stay in that accommodation. We are not involved in the actual face-to-face contact between Users. As a result, we have no control over the conduct of our Users or the truth or accuracy of the information that Users post on the Website.
    2. Identity Verification

      We make no attempt to confirm, and do not confirm, any User's purported identity. You are responsible for determining the identity and suitability of others who you may contact by means of this Website. We do not endorse any persons who use or register for our Services, whether as Guests or Hosts. We do not investigate any User's reputation, conduct, morality, criminal background, or verify the information that any user submits to the Website. We encourage you to review your Hosts' and Guests' profile pages and / or digs listings for feedback from other Users where and when applicable.
    3. Accuracy of contact details

      It is a requirement of use of this Website that User's contact details are correct and up-to-date. You are solely responsible for the accuracy of the contact details you enter on the Website.
    4. Inclusion and accuracy of required data

      Pricing, digs descriptions, room listing, updated availability and photos are all required data for the smooth running and relevance of the Website. Hosts are solely responsible for maintaining the accuracy of this data. Theatre Digs Booker Limited reserves the right to remove listings and terminate Accounts (with due notification) if Hosts fail to include this relevant data or in the event that the data is inaccurate.
    5. Your Experience with Other Users

      You are solely responsible for your interactions with other Users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other Users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other Users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another User of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.

Last amended 24 May 2018

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