Hosting terms & conditions

These hosting/advertising terms and conditions (“Advertising/Hosting Terms”) are made between you (“Host/Advertiser”, “you”) and TM Creative Ltd, a company incorporated in England and Wales (under company number 06541198), and has its registered office address at Campney Grange Farm, Bucknall, Lincolnshire, LN10 5DX (“Shtays”, “TM Creative Ltd”, “we”, “us”, “our”).

1. Website and Services

We operate and manage maplets.co.uk (our “Website”), through which visitors and users (“Holidaymakers”) can access information about holiday homes advertised on our Website and get in contact with holiday home owners about their property. In consideration of the ("Listing Fee") (defined at, and payable in accordance with, clause 4), we will list your holiday home (“Property”) on our Website (the “Services”). We will use reasonable endeavours to supply the Services in accordance with this Agreement in all material respects.

2. Our Agreement

These Hosting/Advertising Terms together with our Website Terms and Conditions and Privacy Policy (“Agreement”), set out the terms and conditions upon which we will provide our Website and the Services to you. By registering an account with us and listing your Property on our Website, you agree to be bound by the terms of our Agreement. By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to the terms of our Agreement, you may not access or use our Website of the Services. We reserve the right to expand, change or revise the Services as our business grows or as conditions provide. As such, we reserve the right to amend the terms of our Agreement from time to time. Any material changes that may affect you will be automatically amended on the web-site so it is important that you keep up to date with any changes by regular visits to the site.

3. Registration and Logging In

Receiving the Services means that you have registered with us and means that you confirm that you accept these terms and that you agree to comply with them. You are responsible for keeping your account details and password safe and secure at all times. If you become aware that your account details or password have been compromised, you must contact us immediately. When logging into the Website you must ensure the address in full is https://maplets.co.uk/sign-in/ and that your browser indicates that you have a secure connection, normally by means of a padlock icon. You should not enter your password into any other address.

4. Listing Fees

To access our Website and the Services, you must pay a listing fee, which is calculated and payable annually on the anniversary of the start of the Services in advance (“Listing Fee”). We shall be under no obligation to provide our Website or the Services to you until the Subscription Fee has been paid. The Listing Fee is non-refundable notwithstanding termination of our Agreement for any reason.

5. Your Obligations

You shall:

  1. co-operate with us in all matters relating to the Services;
  2. provide to us, our agents, subcontractors, consultants and employees, in a timely manner and at no charge, data and other facilities as reasonably requested by us from time to time;
  3. fulfil all bookings made by a Holidaymaker to rent your Property. In event you are no longer the legal owner or Authorised Licensee of the Property, you must notify Holidaymakers of this and offer them the option of continuing with their booking with the new property owners (where possible) or a full refund;
  4. ensure that, where your listing is linked to an automated translation facility, such as Google Translate, the resulting translation is accurate. If it is not accurate, you must correct any deficiencies in the translation;
  5. obtain and keep in place all necessary licences required by local, regional and national law to rent your Property.

6. Your Content

You agree that any advertisements, text, graphics or other material submitted for inclusion on the Website (“Content”), are complete and accurate and not misleading or untrue in any way. It is your responsibility to update us straight away if any changes to your Content need to be made. You must use your best efforts to keep your Content up to date at all times. We reserve the right to reject, remove and/or amend your Content which in our opinion is obscene, defamatory, infringes the copyright or other rights of any third party, or which is illegal or does not meet these standards. Your Content will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in clause 10 (Intellectual Property Rights). We have the right to disclose your identity to any third party who is claiming that any Content submitted to our Website constitutes a violation of their intellectual property rights, or of their right to privacy. You are solely responsible for securing and backing up your Content.

7. Warranties and Indemnity

You warrant and undertake that:

  1. you have full power and authority to enter into this Agreement and that by doing so it will not be in breach of any obligation to a third party;
  2. you are the owner or authorised licensee of your Content and Shtays shall not be required to obtain or pay for any third party permissions or consents in respect of its use of the Content as envisaged by and in accordance with this Agreement;
  3. your Content: (i) will not infringe any intellectual property rights of any third party; (ii) are complete and accurate; (iii) are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party; (iv) will not bring Shtays into disrepute; and (v) where submitted electronically, is free of viruses;
  4. you are the legal owner of the Property (or have the written permission of the legal owner) and have the right to enter into and contractually fulfil all bookings made by a Holidaymaker to rent the Property;
  5. you will not do, or omit to do, anything that could cause a Holidaymaker to make a complaint or bring a claim against you or us;
  6. you will use your best efforts to settle any dispute with a Holidaymaker acting at all times reasonably and in good faith;
  7. you will fully co-operate with us in all matters relating to the Services, including any investigations we may carry out relating to any complaint received about you; and
  8. you will provide all documents, information, items and materials reasonably required by us as it relates to our provision of our Website and the Services.
  9. you will not advertise another rental's agency on our site, through logos or names on photos, within the text of the advert, or within a review. Without our express written permission.

You agree to indemnify us for any loss or damage we suffer or incur as a result of any action brought against us relating to: (a) your listing on the Website; (b) any Content you supply to us during the course of the Services; (c) a compliant made by a Holidaymaker or other third party; (d) any breach by you of our Agreement; and (e) your Property. Shtays will provide notice to you of any such claims.

8. Disclaimer

We do not represent or endorse the creditworthiness or value of any Holidaymaker to the Website who contacts you as a result of your listing on our Website.

9. Complaints

If we receive a complaint relating to your use of our Website or the Services, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate your access to our Website and the Services, and/or remove your Content from our servers.

10. Intellectual Property Rights

We own all intellectual property rights in and to our Website and Services. You acknowledge and agree that you will not:

  1. use the “Shtays” trade names, trademarks, service marks, logos or designs, or any other mark used by Shtays without our express prior written consent;
  2. copy, transmit, modify, republish, save, pass off or link to any content or material on our Website;
  3. use our Website for any marketing or advertising purposes without our consent

Any such use of our Website shall, in our discretion, result in us refusing to list any property and/or end your registration with the Website and use of the Service without any liability to you. You grant to us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform any of your Content provided in connection with the Services across different media (including to promote the Website or the Service. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your Content that you may have under any applicable law under any legal theory.

11. Confidentiality

Both you and we agree that we shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by this clause 11. Each party may disclose the other party's confidential information:

  1. to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this Agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause; and
  2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

No party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement. This clause shall survive termination of these Advertising Terms, however arising.

12. Data Protection

Both you and we shall comply with all our obligations under applicable data protection laws, including the Data Protection Act 2018, General Data Protection Regulation ((EU) 2016/679) (“GDPR”), UK GDPR and Privacy and Electronic Communications Regulations 2003, and any other applicable or equivalent data protection or privacy legislation, regulations or guidance from time to time relating to the processing of personal data. To the extent that either party processes personal data on behalf of the other party, such party warrants that it has obtained all necessary consents and a lawful basis to enable it and the receiving party to process such personal data as necessary to fulfil its obligations under this Agreement, and the recipient party agrees to take all appropriate technical and organisational measures necessary to preserve the security of such personal data.

13. Liability

We will not be in breach of our Agreement, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident (“Force Majeure Event”). All implied conditions, warranties, representations or other terms that may apply to our Website and/or the Services are excluded from these Advertising Terms to fullest the extent that they may be excluded as a matter of law. If we are in breach of any term of our Agreement or otherwise liable to you (including, without limitation, from our negligence), we will only be responsible for any direct damages or losses you incur that result from your use of our Website up to the value of the Subscription Fees that you have paid to us. We shall not be liable for any indirect losses or damages suffered by you. Our liability to you shall not in any event include business losses (which includes without limitation loss or corruption of data, loss of profits or contracts, loss of revenue, loss of anticipated savings in expenditure, or business interruption) resulting from our breach of contract or negligence or otherwise. Nothing in this Agreement shall operate to exclude or limit either party's liability for: (a) death or personal injury caused by its negligence; (b) fraud; or (c) any other liability which cannot be excluded or limited under applicable law.

14. Payment Promise

We want you to get the most out of using our Services. We will endeavour to put your advert in a place where it can be viewed by prospective Holidaymakers and work with you by advising you on your advert's listing features and how to improve its quality score causing it to rise towards the top of a resulting search list. If your advert is still not viewed by a Holidaymaker, by reference to our logs detailing visits to your Property listing, then we will return to you 100% of your listing fees that you have paid to us. Whether you qualify for recompense shall be determined by us in our absolute sole discretion. You acknowledge and agree that any decision we make shall be final and cannot be challenged.

15. Termination

Without prejudice to any of our rights or remedies, our Agreement and your access to our Website and the Service may be terminated by us with immediate effect (or following such notice period as we see fit), by giving written notice to you if:

  1. the circumstances referred to in clause 9 above apply;
  2. you do not pay the Listing Fees on the due date for payment and you remain in default not less than 7 days after being notified in writing to make such payment;
  3. you commit a material breach of our Agreement and (if such breach is remediable) you fail to remedy that breach within a period of 7 days after being notified in writing to do so;
  4. you repeatedly breach any term of our Agreement in such a manner as to reasonably justify the opinion that your conduct is inconsistent with it having the intention or ability to give effect to the terms of our Agreement;
  5. you are no longer the legal owner (or licensee) of the Properties listed on our Website;
  6. you fail to fulfil a booking (in full or in part ) to a certified Holidaymaker who has paid to rent out your property;
  7. you give any false or misleading information, or make any misrepresentation in connection with your Property listed with us and/or your business and services you provide;
  8. in our reasonable opinion you have become involved in any situation which: (i) is to have a negative effect on our reputation of or any aspect of our business; (ii) would expose us or any aspect of our business to disrepute, scandal, ridicule or contempt, or would tend to shock, insult or offend the public in any territory in which we operate; or (iii) reflects unfavourably on our reputation, our brand or services. Such conduct shall be deemed a material breach in terms of clause 15(c); and
  9. we are prevented for any reason (including the Force Majeure Events listed at clause 13 (Liability)) from providing the Website or providing the Services for more than either five consecutive business days or 14 business days in the aggregate.

Either you or we may terminate this Agreement by giving written notice to the other if the other party (being a company) passes a resolution for winding up (otherwise than for the purposes of a solvent amalgamation or reconstruction) or a court makes an order to that effect or (being a partnership or other unincorporated association) is dissolved or (being a natural person) dies, or if either party becomes or is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors or has a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer appointed over any of its assets or ceases or threatens to cease to carry on business. You acknowledge and agree that any breach of clause 7 (Warranties and Indemnity), shall automatically constitute a material breach for the purposes of clause 15(c).

16. Suspension

If we become aware that criminal proceedings are being issued against you for any reason by a holidaymaker then:

  1. your access to our Website and the Services shall immediately be suspended pending the outcome of the case;
  2. you must continue to fulfil any bookings you have to certified Holidaymakers;

Any provision of these Advertising Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

17. Consequences of Termination

Upon termination of these terms and conditions for any reason:

  1. your access to our Website and the Services shall immediately cease;
  2. you shall not hold yourself out as a Shtays member nor do anything that may indicate any relationship between you and us;
  3. you must continue to fulfil any bookings you have to certified Holidaymakers;
  4. you shall return to us all documents, materials and property belonging to us that we have provided to you in connection with the Services.

Any provision of these Advertising Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect. Termination of these terms and conditions shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination.

18. General

  1. You may not assign, subcontract or in any way transfer any of your rights or obligations under this Agreement without our prior written consent.
  2. We may assign, subcontract or transfer any of its rights or obligations under this Agreement without the prior written consent of the Host/Advertiser.
  3. Each provision of this Agreement is severable and distinct from the others. Invalidity or unenforceability of a specific provision shall not affect the other provisions of this Agreement.
  4. Any failure by us to exercise or any delay in exercising a right or remedy provided this Agreement or at law or in equity shall not constitute a waiver of the rights or remedies or a waiver of any other rights or remedies.
  5. Nothing in this Agreement shall be construed as establishing or implying any partnership or agency relationship between you or us.
  6. This Agreement constitutes the entire agreement and understanding between the parties in respect of the matters dealt with within it and supersedes any previous agreement between the parties relating to such matters.
  7. No person who is not a party to this Agreement has any rights under the Contracts (Rights of Third Parties) Act 1999.
  8. Any notice required to be given under this Agreement shall be in writing by email and shall be validly served if sent to the other party at the email address provided by that party. For Shtays, our email address is support@maplets.co.uk. For Hosts/Advertisers, this is the email address you provide us when you register for the Services. Or, in each case, the email address otherwise notified in writing to the other party.. Notice sent by email shall be deemed to be delivered at the time of transmission, or, if this time falls outside of business hours in the place of receipt, when business hours resume.
  9. This Agreement and any non-contractual obligations shall be governed by English law and the parties agree to submit any dispute to the exclusive jurisdiction of the English Courts.