Booking Agreement Terms
Terms and Conditions for Property Owners
This Agreement must be read in conjunction with our General Website User Terms and our Privacy and Cookies Policy.
Background
- We provide a Platform for Customers to make direct bookings and payments with Hosts for short-let accommodation of their Properties that are listed on the Website.
- At no time will a contract come into existence as between us and the Customer for the provision of accommodation offered by the Hosts of the Accommodation. Any contract formed will be solely between the Customer and the Host.
1 Interpretation
The following words have these meanings throughout the Conditions:
Accommodation – the accommodation as advertised by the Host and the description and facilities provided by the Host, booked and paid for using our Platform;
Booking – a Customer’s order for the Accommodation booked using our Platform;
Booking Value – the amount paid by the Customer for the booking of the Accommodation;
Conditions – the terms and conditions set out in this document;
Customer– an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession and by doing so a legally binding agreement is made between the Host and the Customer in relation to the Booking;
Commencement Date means the date of this Contract;
Commission – the amount payable by a Host to us for each Booking made using our Platform at such rates as agreed between us and the Host;
Contract – the legally-binding agreement between you and us;
Customer review – a review by the Customer of the Accommodation;
Host – the person or organisation having the full authority to let the Accommodation and who will be directly responsible to the Customer for the Accommodation and for fulfilling the Booking
Information – any information placed on the Website by the Host relating to the Host or the Accommodation, including but not limited to: details of the Accommodation (including any description, pictures, photographs, descriptions and any cancellation policy), the availability of the Accommodation, details of the tariffs and any rates (including all applicable taxes, duties, levies, surcharges and fees), details of any services provided, facilities and amenities available and any specific conditions relating to the Booking or the Accommodation;
Platform – the booking and payment facility provided by us for Customers to make direct Bookings with the Hosts;
Registration Process – the acceptance of the Host’s application to us to place the Accommodation on the Website;
Service – the Service we provide in making direct Bookings with the Host for the Customer and taking payment for the Booking from the Customer;
We, us or our – Bikerbnb Limited, a company registered in the United Kingdom with registration number SC546893 whose registered office is Reelig Wood Croft, Inverness, Scotland, IV3 8RN. Email info@bikerbnb.com
Third Party Payment Processing Agent – Stripe (please see www.stripe.com);
Website – www.bikerbnb.com;
You/Your – the owner and Host of the Property
Working Day – a day that is not a Saturday, Sunday or bank holiday in England.
1.2 Any reference in these Conditions to any statute or statutory provision will include any subordinate legislation made under it and will be construed as a reference to such statute, statutory provision and/or subordinate legislation as modified, amended, re-enacted, extended, consolidated and/or replaced and in force from time to time.
1.3 All headings in these Conditions are for reference only and shall not affect their construction or interpretation.
1.4 Unless the context otherwise requires:
1.4.1 references to the singular include the plural and vice versa and references to any gender includes every gender;
1.4.2 references to a “person” include any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity (in each case whether or not having separate legal personality.
1.5 Any words following the words “include”, “includes”, “including”, “in particular” or any similar words or expressions will be construed without limitation and accordingly will not limit the meaning of the words preceding them.
2. CONTRACT
2.1 The Contract will be upon the Conditions to the exclusion of all other terms and conditions, including any terms or conditions which the Host purports to apply.
2.2 The Contract will commence on the Commencement Date, being the date to you instruct us to provide the Services of our Platform.
2.3 We reserve the right to update or amend these Conditions, and any update or amendment shall take effect 14 days after the date they are communicated to you. If you notify us that you object to any update or amendment within 14 days of receiving any such communication we reserve the right to terminate the Contract immediately by written notice. If no such objection is made in writing within 14 days of receiving any such communication from us, the fact that you continue to keep your Information on the Website will be deemed acceptance of the update or amendment.
2.4 You must notify us in writing of any changes to your contact details provided on the Website (including postal address, telephone number and fax number) within 5 Working Days of such change.
2.5 Each party warrants and represents that it has full capacity and authority to enter into, grant the rights and perform the Contract and the Host warrants it has full capacity and authority to enter into and perform the Booking with the Customer.
2.6 You warrant that you will ensure that you notify us of any sale or disposal or other change in ownership of the Accommodation within 5 Working Days of such sale, disposal or change in ownership. You will remain liable for all sums due to us under this Contract until all such sums have been paid to us. You also warrant that you will contact the Customer if, as a result of the change, the Booking cannot be honoured. We will be entitled to suspend the Platform until such time as the new Host has updated the Website and provided up to date payment details.
2.7 You warrant that the availability of the Accommodation offered on the Website shall at all times during the term of this Contract be at least as favourable as any other listing of the Accommodation on your own or any third-party website or any other third party with whom you have a business relationship similar to the relationship you have with us and the Website.
2.8 Before confirming a Booking we will check the availability of the Accommodation with you and you will be able to accept or decline such Booking.
2.9 The Host shall not disparage, bring in to disrepute and/or speak detrimentally of the Platform or us, or cause and/or carry out any activities that may cause damage to our name, brand, reputation, goodwill, business or relationships with any of its partners and/or other third parties.
2.11 Unless otherwise specifically agreed, there will be no preference ratings/listings on the Website under the terms of these Conditions.
3. INFORMATION
3.1 We may accept or reject a Host’s account request at our discretion. Once we have received an account request we will inform you of the level of Commission that will apply to your account and your continued use of the account confirms your acceptance of the level of Commission that will be applied.
3.2 Once an account request has been accepted, you will usually be able to upload Information on the Website within 24 hours, but time is not of the essence.
3.3 You will be solely responsible for all Information supplied to us that you wish for us to place on the Website under your listing and shall indemnify, keep indemnified us and our affiliates and partners from and against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect and consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss), damages, claims, demands, proceedings and legal costs (on a full indemnity basis) and judgements which we and/or all or any of our affiliates and partners incur or suffers as a consequence of the uploading of such Information to a Website or such Information being or becoming untrue, inaccurate or misleading.
3.4 Although you are responsible for uploading of Information, we shall at all times retain administration access to your account.
3.5 You warrant that all Information given to us, shown on the Website will:
3.5.1 be true, accurate and not misleading;
3.5.2 be kept up to date and will be updated on a regular basis by you or other persons authorised by you;
3.5.3 not be in breach of any applicable law, rules, legislation, regulation or code of practice in which the Accommodation is situated and shall be updated immediately to reflect any change in applicable law, rules, legislation, regulation or codes of practice.
3.6 You must keep the Website updated in regards any commercial information changes (price, dates etc.) and any applicable terms and conditions.
3.7 You undertake to make the Accommodation available on the Website at your best market rates for such properties at the relevant time.
4. ACCOMMODATION
4.1 The Host warrants and represents that for the whole period of time that it appears on the Website and uses our Platform that it has and will have all necessary permits, licenses and authorisations necessary for letting the Accommodation under short-term let agreements.
4.2 The Host will ensure that:
4.2.1 the Accommodation booked by a Customer complies at all times with the Information available to such Customer at the time the Customer makes the relevant Booking; and
4.2.2 the Accommodation is kept to an appropriate standard of cleanliness, maintenance and health and safety having regard to any classification of the Accommodation by any official ratings organisation and applicable law;
4.2.3 That it will make the Customer fully aware of its cancellation policy by indicating this on the Website;
4.2.4 it will provide, for the whole period it appears on the Website, secure and off-street parking, and if possible, drying facilities. The Host must contact us if neither of these are available.
4.3 If, during their use of the Accommodation, a Customer is not satisfied with the Accommodation or other service provided by the Host, the Host will use its best endeavours to rectify the situation immediately to the Customer’s satisfaction.
4.4 If a complaint is ongoing and/or received by the Host from the Customer after their use of the Accommodation, the Owner will, if requested, provide to us customer a copy of the complaint and the resolution agreed (if any) with such Customer within 7 days of our requesting such information.
4.5 If a complaint is received by us directly in regards to a Customer’s use of the Host we will notify the Host in writing within 48 hours of receipt of such complaint and the Host will:
4.5.1 provide feedback on all issues raised in the complaint within 7 days of receipt;
4.5.2 be directly liable for any compensation payments made to a Customer as a result of failure to provide the Accommodation in accordance with the Booking or Information.
4.6 The Host warrants that it shall indemnify, keep indemnified us, affiliates and partners from and against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect and consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss), damages, claims, demands, proceedings and legal costs (on a full indemnity basis) and judgements which we and/or all or any of our affiliates and partners incurs or suffers as a consequence of any use by the Customer and members of the Customer’s party of the Accommodation or other services offered by the Host.
4.7.1 The Host will ensure that the Information on the Website will include the cancellation policy of the Host. The Host will be given the opportunity on the Website to set the total number of days it will offer a full refund, and the total number of days it will offer a partial refund.
4.7.2 If a Host does not select a cancellation option, the Host will be deemed not to have any cancellation period.
5. BOOKINGS
5.1 Once a Booking has been made the Host can accept or decline the Booking within 48 hours of the notice of the Booking. In the absence of any response from a Host to a Booking request within the 48-hour period, the Booking will automatically be declined by default. Where a Booking is accepted, we will then provide the Customer with booking confirmation details and we shall use reasonable endeavours to provide the Host with full Booking details.
5.2 The Host shall act as the principal in relation to the Booking and provision of any
services made with the Customer. To the extent necessary, the Host must fully empower and grant to us explicit authorisation to conclude a Booking on the Host’s behalf when the Customer makes payment.
5.3 The Host will not cancel or amend any Booking and shall honour the rates advertised on the Website at the time the Booking was made. The Host acknowledges that Bookings can be made in advance on the Website. The Host agrees to handle any Booking in compliance with the Information contained on the Website at the time the Booking was made, including any supplementary information and/or wishes made known by the Customer.
5.4 If the Host is not able to honour any Booking for any reason:
5.4.1 The Host will notify us and the Customer immediately in writing and (at its own cost and risk) and either provide alternative Accommodation or offer a full refund to the Customer. The Host understands and accepts that in the event that a Booking is not honoured the Host may be liable to the Customer in damages under applicable laws in force at the time of the Booking and/or cancellation.
5.4.2 The Host will still be liable to pay us Commission in respect of the Accommodation at the rate of 100% of the Booking Value
5.5 The Host will notify us and affected Customers immediately in writing if there is a change to the availability of or standard of services offered (including any planned building work) at the Accommodation.
5.6 If any updates made by the Host under this Contract are incorrect, fraudulent and/or if the Host takes a direct Booking from a Customer we reserve the right to reject such amendments/cancellations and we will be entitled to Commission in respect of such Bookings, as well as the right to charge the Host a further administrative fee of up to 10% of the Booking Value in consideration of the administrative burden on us in respect of correcting such amendments/cancellations. Further, we may suspend and/or terminate the Host’s use of our Platform.
5.7 The Host hereby acknowledges and agrees that Booking and provision of the Accommodation is made between the Host and the Customer and that we will have no liability whatsoever in respect of any costs, expenses, liabilities (including any tax liability), injuries, direct, indirect and consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss), damages, claims, demands, proceedings and/or legal costs incurred or suffered by the Customer and/or the Host under or in connection with any Accommodation or Booking, including any act or omission of a Customer.
6. WEBSITE AND PLATFORM
6.1 You will be responsible for all information provided to us to appear on the Website and for ensuring that you notify us and of any changes required as set out in this Contract.
6.2 We do not warrant or represent that the Website or Platform will meet any particular criteria of performance or quality and all conditions, warranties, terms and undertakings, express or implied, statutory or otherwise in respect of the services and availability or operation of the Platform are expressly excluded from the Contract to the extent permitted by law.
6.3 We do not warrant or represent that the Website or Platform will be available at all times or that the Website or Platform will not be infiltrated by unauthorised users or hackers, nor that the Website or Platform will be free of faults. We shall have no liability whatsoever in the event that the Website or Platform is not available, is infiltrated by unauthorised users or hackers or has faults and whilst we will endeavour to remedy such problems it does not guarantee to do so.
6.4 We may at any time:
6.4.1 suspend the availability of the Website or Platform for the purpose of repair, maintenance or improvement or to preserve security;
6.4.2 vary the technical specifications of the Website or Platform for operational reasons;
6.4.3 suspend the relevant part of the Websit3 or Platform to a Host if the Host fails to pay any payment due to us by a due date.
7. COMMISSION AND PAYMENT
7.1 The amount of Commission to be paid to us by the Host will be as agreed between us and the Host from time and time and is based on a percentage of the Booking Value.
7.2 We reserve the right to change the Commission rate upon our giving to the Host 30 days’ notice in writing and the new rate will be payable on subsequent Bookings that take place after that date (regardless of whether the Booking was made prior to that date).
7.3 At the Commencement Date of this Contract, we will not charge VAT on the Commission. If at any time VAT does become chargeable, we will notify you in writing and thereafter all Commission will be exclusive of VAT and will then be charged at the prevailing rate when the Commission falls due.
7.4 We do not make any charge to a Host for listing the Accommodation on the Website, nor do we charge any other booking or administration fees, save for the Commission or as set out in this Contract.
7.5 The Booking Value will be paid to and held by our Third-Party Processing Agent and will be paid to the Host usually within 48 hours after the Customer’s departure date from the Accommodation.
7.6 Our Commission will automatically be deducted from the Booking Value before the remainder is released to the Host.
7.7 We reserve the right to deduct any amounts due to us from the Host, however so incurred, from any payments due to the Host from us.
7.8 All Accommodation prices will be shown on the Website and can be paid by customers in in Euros (€), Great British Pounds (£’s) or United States Dollars ($’s). The Host understands and accepts that we have no control over the exchange rate set by either the Host’s payment provider or our Third-Party Payment Processing Agent.
8. WARRANTY AND LIABILITY
8.1 Except as set out expressly in the Contract, we make no warranties or representations, either express or implied, in relation to whole or any part of the Website or Platform or any other matter relating to the Contract, including but without limitation: any warranties or conditions of title, usability, condition, operation, non-infringement of IP, completeness, accuracy, satisfactory quality or fitness for a particular purpose. We shall use reasonable skill and care in relation to carrying out its obligations under the Contract.
8.2 The following provisions set out our entire liability of our affiliates and partners (including the Website Owners) and our and their respective employees, directors, agents and/or sub-contractors to the Host in respect of any breach of the Contract, any claim under an indemnity, any breach of statutory duty, any representation, or any tortious act or omission, including negligence, arising under or in connection with the Contract (“Liability”).
8.3 Subject to Conditions 8.4 and 8.6, the total aggregate Liability which arises from or in connection with this Contract shall not exceed the Booking value.
8.4 Subject to Condition 8.6, Liability will not include liability for:
8.4.1 loss of profit or anticipated profit (in each case whether direct, indirect or consequential);
8.4.2 loss of revenue, loss of production, loss of contract, loss of business or economic loss (in each case whether direct, indirect or consequential);
8.4.3 loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct, indirect or consequential);
8.4.4 loss of anticipated savings or loss of margin or loss of overhead recovery (in each case whether direct, indirect or consequential);
8.4.5 loss of data (whether direct, indirect or consequential);
8.4.6 liability of the Consumer to third parties (whether direct, indirect or consequential); or
8.4.7 indirect, consequential or special loss.
8.5 The Host shall indemnify, keep indemnified us and our affiliates and partners from
and against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect and consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss), damages, claims, demands, proceedings and legal costs (on a full indemnity basis) and judgements which we and/or all or any of our affiliates and partners incurs or suffers as a consequence of any direct or indirect breach of failure in performance by the Host of the terms of the Contract.
8.6 Nothing in the Contract shall operate to exclude or limit the liability of us for:
8.6.1 breach of our obligations arising under Section 2 Supply of Goods and Services Act 1982; or
8.6.2 death or personal injury caused by our negligence; or
8.6.3 fraud; or
8.6.4 a deliberate breach of the Contract by us; or
8.6.5 any matter for which we are not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.
8.7 The provisions of this Condition 8 shall survive the termination or expiry (for whatever reason) of the Contract.
9. INSURANCE
9.1 The Host shall maintain adequate insurance cover with a reputable insurance company or institution in respect of the Property against fire, flood, occupier’s liability, and such other risks as are usually covered by an owner letting Property in the course of a business and all third party (public liability) risks, including, any liability arising directly or indirectly from or in conjunction with any claims in respect of (i) loss of, or damage to, any real or personal property; (ii) the personal injury, or death of, any person; (iii) third party property loss or damage; or (iv) its liability to third parties to whom it provides the Accommodation and other services.
9.2 The Host warrants that nothing has or will be done or be omitted to be done which may result in any of the insurance policies set out in Condition 9.1 being or becoming void, voidable or unenforceable.
9.3 The Host undertakes to comply with all relevant laws, regulations and codes of practice including without limitation, those relating to hygiene, fire, safety, and security of persons, planning, permits and licensing, for the letting of the Accommodation, all applicable consumer and data protection legislation that applies in the country where the Accommodation is situated and all other relevant legislation that is in force and applicable to the Booking, the letting of the Accommodation and any ancillary services provided within the Booking.
9.4 The Host shall ensure that all fire exits in the Accommodation are clearly marked and accessible at all times and are not locked or other way blocked. Emergency lighting, fire extinguishers and fitted smoke alarms shall be installed and regularly tested for proper operation. Printed instructions shall be displayed in a prominent setting out the procedures to be followed in case of emergency.
10. CONFIDENTIALITY
10.1 The Host shall keep confidential and take all necessary steps to ensure the continued confidentiality of its relationship with us (“Confidential Information”) and shall use the Confidential Information only for the purposes of carrying out the Booking.
10.2 The Host will share Confidential Information only with such of its employees as need to know the Confidential Information to be able to carry out the Host’s obligations under or in relation to the Booking, provided that such employees or agents of the Host are bound by equivalent obligations of confidentiality.
10.4 Confidential Information will not include information which:
10.4.1 at the time of disclosure was in the public domain or subsequently enters into the public domain other than as the direct or indirect result of a breach of this Agreement by the Host (or its employees);
10.4.2 the Host can prove, to our reasonable satisfaction from written records or other substantive evidence, has been received by the Host at any time from a third party who did not acquire it in confidence and who is free to make it available to the Host without limitation.
11. PROTECTION OF PERSONAL DATA
11.1 You acknowledge and agree that any personal data (as defined by the Data Protection Act 1998 and General Data Protection Regulations) collected by you or us from the Consumer (“Customer Data”) shall be processed and transmitted in compliance with the Data Protection Act 1998 and the General Data Protection Regulations, as well as any other legislation relating to personal data protection that substitutes, complements and develops it. We shall be data processors only and you shall remain the data controller and owner of the Customer Data at all times.
11.2 The Host agrees that it shall only process Customer Data in order to comply with its obligations under this Contract and the Booking and it shall not use the Customer Data to send any solicited or unsolicited marketing communications to the Customer unless specific consent has been obtained by the Customer.
12. INTELLECTUAL PROPERTY
We own the copyright, trademarks and all other IP in the Platform (including in the design, layout, text and graphics of them) and any images, pictures, logos, materials or icons associated with them.
13. TERM AND TERMINATION
13.1 The Contract shall continue until terminated by you upon the giving of 60 days’ notice in writing to us.
13.2 We are keen to maintain a good relationship with you, however if for any reason this relationship is not well maintained we have the right to suspend or terminate the Contract immediately on the provision of written notice to the Host at our absolute discretion.
13.3 Following the expiry or termination of the Contract for any reason:
13.3.1 We may remove the Accommodation from the Website and Platform without notice to the Host and the Host will not be able to accept new Bookings through the Platform, and you warrant that you will remove the Platform facility from your listing;
13.3.2 We will continue to hold any payments made in regards to future Bookings and these payments will be paid in the usual way as set out in this Contract.
13.3.3 The Host will honour all future Bookings and all relevant terms of these Conditions shall remain in effect until all such Bookings have been completed; and
13.3.4 all other rights and obligations (save for those set out at clause 18) will immediately cease without prejudice to any rights, obligations, claims (including claims for damages for breach) and liabilities which have accrued prior to the date of expiry or termination of the Contract.
14. NOTICE
14.1 Subject to Condition 14.2 any notice or other communication given under or in connection with the Contract will be in writing, and sent by first class post, email or fax.
14.2 This Condition 14.1 will not apply to the service of any proceedings or other documents in a legal action to which the Civil Procedure Rules apply.
15. ANTI-CORRUPTION
We take a zero tolerance approach to bribery and corruption. You warrant that you and they do and shall comply with, and their employees, contractors, agents or subsidiaries do and shall comply with all applicable anti-corruption legislation and related procedures and codes from time to time in force, including but not limited the United Kingdom Bribery Act 2010. You shall provide supporting evidence of such compliance as we shall reasonably request. Violation of this clause by you shall be a material breach of these Conditions and may result in the immediate termination of the Contract and/or legal action. This does not affect any of our termination rights.
16. CUSTOMER REVIEWS
16.1 Subject to Condition 16.2, we may publish Customer Reviews on the Website.
16.2 Customer Reviews shall automatically be published without prior notice to the Host. If the Host objects to the contents of a Customer Review, the Host will notify us of such objection in writing within 14 days of publication of the Customer Review on the Website providing any evidence supporting its contrary views/objections.
16.3 We will consider the objections of a Host notified to it in accordance with Condition 16.2 and any decision to remove the relevant Customer Review will be at our absolute discretion and that decision is final. Any Customer Review that cannot be proved to the contrary shall stand as the reasonable opinion of the Customer.
16.4 Notwithstanding Condition 16.3, subject to vetting by us, the Host may reply to any Customer Review and we agree to provide the Host with the relevant Customer’s booking reference number in order to do so.
16.5 We will not monitor Customer Reviews but if we are made aware of any Customer Review that we consider to be inappropriate, defamatory, vulgar or abusive; to contain any advertising or marketing of any kind, or may disclose a person’s identity or personal details then we will remove the review.
16.6 If, in our reasonable opinion, Customer Reviews reflect low standards of the Accommodation, we reserve the right to investigate any such Customer Reviews and/or may suspend or terminate the Contract immediately on the provision of written notice to the Host.
17. RANKING
17.1 We may determine the Ranking of any Accommodation at our absolute discretion.
18. RESTRICTIONS
18.1 For the purpose of this clause 18 the following definitions shall apply:
Restricted Customer: any firm, company or person who, during the 12 months before Termination (or for the term of this Contract if less than 12 months) made a Booking using our Platform or Website for Accommodation;
Termination: the termination of the Agreement howsoever caused.
18.2 In order to protect our confidential information and business and customer connections which you will or have had access as a result of your registration with us as a Host, you hereby covenant with us that you will not:
(a) enter into any direct agreement with any Restricted Customer with a view to providing accommodation to that Restricted Customer in competition with us or the Website;
(b) endeavour to solicit or entice away from us any business or custom with any Restricted Customer with a view to providing accommodation to that Restricted Customer in competition with us or the Website;
18.3 At any time after Termination, represent yourself as connected with us in any capacity, other than as a former Host, or use any registered names or trading names associated with us and the Website.
18.4 You hereby agree to pay to us liquidated damages in the amount of £5,000.00 or the estimated loss to us in trade, whichever figure being higher, for any violation of the covenant contained in clause 18 of this Agreement.
19. GENERAL
19.1 Neither you or us shall be deemed to be in breach of the Contract or liable for any delay or non-performance or for the consequences of any delay or non-performance of its obligations which is due to events beyond its reasonable control provided the party concerned has acted and continues to act reasonably and prudently to prevent and to minimise the effect of such causes.
19.2 You may not assign, transfer, charge, hold on trust for any person or deal in any other manner with any of its rights or sub-contract any of its obligations under the Contract. We may assign, transfer, charge, hold on trust for any person and deal in any other manner with any of its rights and sub-contract any of its obligations under the Contract.
19.3 A delay in exercising or failure to exercise a right or remedy under or in connection with the Contract by us shall not constitute a waiver of, or prevent or restrict future exercise of, that or any other right or remedy, nor shall the single or partial exercise of a right or remedy prevent or restrict the further exercise of that or any other right or remedy. A waiver of any right, remedy, breach or default shall only be valid if it is in writing and signed by us and only in the circumstances and for the purpose for which it was given and shall not constitute a waiver of any other right, remedy, breach or default.
19.4 Nothing in the Contract or these Conditions and no action taken by the parties in connection with it shall create a partnership or joint venture between the parties.
19.5 If any provision of the Contract or these Conditions is held by any competent authority or a court of law to be invalid or unenforceable in whole or in part the remaining provisions of the Contract and the provisions of these Conditions shall remain in full force and effect.
19.6 An entity which is not expressly a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.
19.7 These Conditions and the Contract represent the entire agreement between the parties relating to the subject matter of the Contract and supersede all prior agreements, arrangements and understandings relating to them.
19.8 You agree that you have not entered into the Contract in reliance upon, and it will have no remedy in respect of, any misrepresentation, representation or statement (whether made by us or any other person) which is not expressly set out in the Contract. The only remedies available for any misrepresentation or breach of any representation or statement which was made prior to entry into the Contract and which is expressly set out in the Contract will be for breach of contract. Nothing in the Contract will be interpreted or construed as limiting or excluding the liability of any person for fraud or fraudulent misrepresentation.
19.9 The Contract and these Conditions and any non-contractual obligations arising out of or in connection with it will be governed by English law.
19.10 Each party agrees that the courts of England have exclusive jurisdiction to determine any dispute arising out of or in connection with the Contract (including in relation to any non-contractual obligations).
19.11 You agree that you will not print or reproduce these terms and conditions for any other purpose save for your own use.
19.12 No person, whether subject to these Conditions are not, have any right to reproduce these terms and conditions for any purpose.