Legal Policy - Terms & Conditions

1. Definitions And Interpretation
2. Variations
3. Term
4. Provision Of Services
5. Double Booking/Property Availability
6. Obligations of the Property Owner
7. Changes to the Services
8. Prices and Payment
9. Cancellations
10. Disputes
11. Confidentiality and data protection
12. Intellectual Property Rights
13. Termination
14. Force Majeure
15. Liability
16. Assignment and Sub-contracting
17. Third party rights
18. Service of notice
19. General
20. Governing law
21. Disclaimer of Warranties
22. Reporting Misconduct

THE FOLLOWING DESCRIBES THE TERMS ON WHICH RENTACLE OFFERS YOU ACCESS TO OUR SITE AND SERVICES.

Welcome to the Web site operated by Rentacle (Goletworld Ltd Company). (hereafter referred to as "Rentacle," "we," "us," or "our"), a UK based company (SC301568) with a registered office in the Moffat Centre 219, Colinton Road, Edinburgh, EH14 1DJ UK. Rentacle maintains www.Rentacle.com (hereafter "Site"), as a service to our users and visitors (our Site and such services, collectively, our "Services"). By using this Site, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered user of the Services. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using this Site. Failure to use this Site in accordance with the following terms of use may subject you to civil and/or criminal penalties. We reserve the right to modify these Terms or policies relating to the Services at any time, effective upon posting of an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. By using this Site, you agree that the posting of new or revised terms and conditions on the Site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the site shall constitute your consent to such changes.

A) USER RESPONSIBILITIES

a.a Our Site is an online venue through which users can find and learn about each other. Our Site is merely a venue for users to learn about one another and, if they wish, arrange stays with one another. 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 Site.

a.b We make no attempt to confirm, and do not confirm, any user's identity. You are responsible for determining the identity and suitability of others who you may contact by means of this Site. 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 Site. We encourage you to communicate directly with potential hosts and guests through the tools available on the Site and to review your hosts’ and guests’ profile pages for feedback from other users.

a.c 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, violent, harassing or otherwise objectionable.

a.d By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Rentacle. You release Rentacle from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site or your experience as a guest or host in connection with the Site.

1. Definitions and interpretation

In this Agreement, unless the context otherwise requires:

a. Words in the singular include the plural and vice versa and words in one gender include any other gender
b. A reference to any regulations, guidelines or the like issued by any applicable regulatory body shall be deemed to include any renewal, replacement or amendment of such regulations or guidelines.
c. Reference to:
i. any party includes its successors in title and permitted assigns;
ii. a "person" includes any individual, firm, body corporate, association or partnership, government or state (whether or not having a separate legal personality);
iii. a Clause or schedule is to a clause of or a schedule to this Agreement;
d. the table of contents and the headings of Clauses are for convenience only and shall not affect the interpretation of this Agreement.
e. any undertaking under this Agreement not to do any act or thing shall be deemed to include an undertaking not to permit or suffer the doing of that act or thing

In these terms and conditions the following words have the following meanings:

  • "Agreement" the agreement between the parties as set out herein, including the schedules;
  • "Commencement Date" the date of the acceptance of this document by the Property Owner;
  • "Commission" Agreed percentage of the total holiday cost excluding the booking fee and any credit card charges
  • "Customer" the person wishing to make a booking (holidaymaker);
  • "Documentation" means any documentation provided by RTC to the Property Owner in its provision of the Services;
  • "DPA" means the Data Protection Act 1998 and any applicable EU Directives or Regulations relating to data protection;
  • "Written confirmation" Can be by email, fax or post
  • "Force Measure" has the meaning described in Clause 13.1;
  • "Holiday" dates that the Customer wishes to reserve the property;
  • "Network" means the hardware, software and systems used by RTC to provide the Services;
  • "RTC" Rentacle. (A Goletworld Ltd Company)
  • "Services" those services set out in Background (Paragraph A) which will be provided by RTC;
  • "Properties" means the addresses being the locations from, to or in respect of which the Services are to be provided.
  • "Booking Fee" a fixed sum added to the holiday cost by RTC

2. Variations

No variation of these conditions shall be effective unless agreed in writing between an authorised representative of RTC and an authorised representative of the Property Owner.

3. Term

This agreement commences on the Commencement Date and continues in force unless terminated in accordance with Clause 12.

4. Provision of Services

  • RTC agrees to provide Services to the Property Owner after the Commencement Date on and from the approval of the entry of the Property on the website
  • RTC will not be in breach of its obligation under 4.1 to the extent that it is unable to meet its obligations due to the following:
    • the Property Owner's failure to comply with its obligations under this Agreement;
    • any act or omission of a third party providing products or services that are required by the Property Owner to use their Services;
    • any fault in equipment or software not forming part of the Network;
    • maintenance of the Network; and
    • Force Majeure.
    • Double bookings/Property availability

5. Double bookings/Property availability

  • In the unlikely event of two bookings arriving at the same time the booking that arrives first at RTC's office must take priority.
  • In the event of a Property not being available for any reason for forward bookings already taken by RTC on the Property Owner's behalf, the Property Owner shall indemnify RTC for the full amount refunded to the Customers (including any compensation claimed)

6. Obligations of the Property Owner

a. The Property Owner must ensure that it does not use the Services to transmit or process any material that:

  • is defamatory, offensive or obscene;
  • infringes the rights of any person (including right of copyright or confidentiality);
  • or breaches applicable laws or regulations in all applicable jurisdictions.

b. The Property Owner must:

  • provide RTC with such access to its information, records and other material as RTC may reasonably require to provide the Services;
  • make available appropriate personnel and other assistance as is reasonably required by RTC in order to enable RTC to meet its obligations under this Agreement;
  • promptly inform RTC if it becomes aware of any suspected problems with the Services and provide all available details to enable RTC to investigate the suspected problem;
  • and inform RTC immediately upon receipt of any bookings received by the Property Owner for properties to which the Services apply.

c. The Property Owner is solely responsible for:

  • the content and accuracy of any data or information which the Property Owner sends or receives using the Services; You may not post or submit any content that:
    (a)infringes the copyright, trademark, or other intellectual property rights of any person;
    (b) is defamatory;
    (c) contains nudity or sexually explicit content, or is otherwise obscene;
    (d) may disparage any ethnic, racial, sexual, religious, or other group in any way;
    (e) depicts individuals under 18 years of age;
    (f) depicts or advocates the use of illicit drugs;
    (g) makes use of offensive language or images;
    (h) characterises violence as acceptable, glamorous or desirable; or
    (i) provides a link to any other websites.
  • ensuring that any properties advertised on RTC's site comply with the Trade Descriptions Act 1968 and 1972 (or equivalent), the Consumer Protection Act 1987 (orequivalent) and any other applicable regulation covered by the applicable jurisdictions or equivalent legislation in force in the country that the Properties are situated in;
  • ensuring that information provided to RTC is accurate and that if any changes are made to the Properties this is reported to RTC immediately and also to any Customer who has already reserved the Properties;
  • insuring the Properties and contents to the full value and maintaining public liability insurance; ensuring that the Properties are entirely safe for use by holiday makers and that all appliances, furniture and equipment provided are in good and safe working order and that the water, gas and electrical supplies are adequate and safe and comply with any legislation in force in the country that the Properties are situated in;
  • ensuring that the Properties are continuously maintained and serviced with adequate provision for a cleaning service between lets and suitable key collection and reception arrangements must be made;
  • displaying a list of emergency services, information, operating instructions of equipment in their Properties together with a contact name and phone number;
  • using the Services in accordance with any instructions and procedure that RTC may reasonably provide the Property Owner from time to time. collecting a security deposit from the Customer which may be retained in the event that there is damage to the property caused by the Customer.

    • 7. Changes to the Services

    RTC has the right to make a change to the Services without the consent of the Property Owner, if RTC, acting reasonably, considers it necessary to do so.

    Without limiting the operation of Clause 7.1, RTC may implement a change to the Services where it arises from:

    • an impairment of the integrity or availability of the Network
    • a substantial impairment of the Services;
    • necessary compliance with applicable law or regulations; or
    • breaches of the obligations of the Property Owner.
    • RTC reserves the right to change the wording, but not the essence of the content, of any Property
    • RTC reserves the right to remove any property from its site without notice, if RTC, acting reasonably, considers it necessary to do so.

    8. Prices, taxes and Payment

    In exchange for providing the Service, RTC keeps a small portion of the host's price of each stay (10%). As a guest, you agree to pay the amount posted by the host with whom you have chosen to stay. As a host, posting a listing is free, but you agree to pay RTC its then-current service charge for each guest's stay. Some optional services or functionality may incur additional fees.

    RTC will retain its commission, booking fee and any credit card charges from the booking deposit paid by the Customer and forward the balance to the Property Owner.

    The remainder, (booking deposit less Commission, booking fee and any credit card charges), will be forwarded to the Property Owner at the end of the Calendar month in which it is received, subject to a cut off date 7 days prior to the end of the Calendar month. Despite Clause 8.1 to 8.3, if at any time payment to the Property Owner is made in currency other than £ Sterling the charges incurred when exchanging the currency are the responsibility of the Property Owner and RTC reserve the right to deduct them from any any payments made. RTC reserves the right to increase its Charges. RTC will provide one month’s written notice of such an increase of costs to the Property Owner.

    Rentacle does not do business as an owner or operator of hotel or motel rooms, nor is it a provider of rooms, lodging or accommodations. Neither does Rentacle own, sell, resell, furnish, provide, rent, re-rent, manage and/or control hotel rooms, motel rooms or any other lodgings or accommodations. Rentacle does not act as an agent for any providers or users of hotel rooms, motel rooms, or other lodging or accommodations. Rentacle merely makes available a marketplace for Hosts and Travellers to meet and arrange for accommodations. Rentacle is not a contracting agent or representative of the Host or Traveller. Instead, Rentacle’s role is solely to facilitate the availability of this marketplace for the Host and Traveller and to provide services related thereto, and any agreement for the use of any accommodations is solely between the Host and Traveller, and not Rentacle. You understand that we are acting solely as an intermediary for the collection of rents and fees between you and any hosts or guests with whom you choose to enter into a transaction. We cannot and do not offer tax advice to either hosts or guests.

    9. Cancellations

    On cancellation by the property owner RTC will offer when possible an alternative apartment. If there are no properties available RTC will proceed to fully refund the 10% deposit paid in advance.

    On cancellation of the reservation by the Customer, RTC will retain the 10% deposit paid at the time of the booking as a cancellation charge.

    RTC reserves the right to cancel a reservation if the total payment has not been received from the Customer 6 weeks prior to the Holiday or, in the case of Holidays reserved less than 2 months prior to the holiday, if the total payment has not been received 10 days from the Booking Confirmation.

    RTC reserves the right to cancel a reservation under any circumstances.

    10. Disputes & Damages

    RTC will endeavour to mediate in the event of a dispute between the Property Owner and the Customer but accept no liability either for any damage caused to the Property by the Customer or for any failure by the Property Owner to satisfy the Customer’s requirements.

    As a guest, you are responsible for leaving the property in the condition that it was given to you. In the event that a host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.

    11. Confidentiality and data protection

    RTC will maintain security safeguards against: unauthorised or unlawful processing of Data;
    and the loss or destruction of the Data in accordance with the DPA.

    Neither party shall use, copy, adapt, alter, disclose or part with possession of any business, employee or customer information or data of the other which is disclosed or otherwise comes into its possession directly or indirectly as a result of this Agreement and which is of a confidential nature ("Information") except as strictly necessary to perform its obligations or exercise its rights under this Agreement.

    The obligations described in Clause 11.2 will not apply to Information which:

    • the receiving party can prove was in its possession or in the public domain at the date it was received or obtained;
    • or the receiving party lawfully or properly obtains without obligation of confidentiality;
    • or comes into the public domain otherwise than through the default or negligence of the receiving party; or was independently developed by the receiving party without reference to the Information of the other party;
    • or with the prior consent of the other party (such consent not to be unreasonably withheld or delayed) is disclosed to obtain or maintain any listing on any recognised stock exchange;
    • or is required to be disclosed to a court or a body having similar authority provided that the other party is given prompt notice and, at the other party’s request and expense, the receiving party uses reasonable endeavours to obtain a protective order and otherwise to protect the Information.
    • RTC reserves the right to use the data for distributing information about RTC services, but undertakes not to disclose the data to any third parties, without prior written permission

    12. Intellectual Property Rights

    Material on our Site (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as expressly authorised by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. "Rentacle," and "www.Rentacle.com" are trademarks of Rentacle protected by UK law; you agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise.

    All rights are reserved. None of this material may be reproduced or redistributed without written permission.

    However a single copy may be downloaded or printed for non-commercial off-line viewing.

    The Property Owner retains ownership of all copyright in data the Property Owner submits to the website. The Property Owner grants to RTC a worldwide, non-exclusive licence to use, copy, distribute, publish and transmit such data in any manner.

    The Property Owner acknowledges that all proprietary and intellectual property rights in the Network and Documentation provided to the Property Owner by RTC remains with RTC. RTC grants to the Property Owner a non-exclusive, non-transferable licence to use the RTC Software and Documentation for the sole purpose of receiving the benefit of the Services. The licence granted under Clause 11.2 terminates on the termination of this Agreement.

    The Property Owner will be responsible for and shall indemnify RTC against all losses, damages, costs and expenses by reason or on account of any libel or any infringement of copyright due to copy and/or photographs supplied by the Property Owner to RTC.

    13. Termination

    Either party may terminate this Agreement immediately by providing written notice to the other party subject to any bookings already taken being honoured by both parties.

    Either party may (without prejudice to its other rights) terminate this Agreement by notice in writing to the other if:

    • a voluntary agreement is approved, or an administration order is made, or a receiver or administrative receiver is appointed over any of the other's assets or an undertaking or a resolution or petition to wind up the other is passed or presented (other than for the purposes of amalgamation or reconstruction) or if any circumstances arise which entitle a court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order or a similar event occurs in respect of the other in any other jurisdiction;
    • or the other party breaches any material obligation under this Agreement and (in the case of a remediable breach) fails to remedy the breach within seven days of receipt of notice so to do;
    • and such termination shall take effect either immediately or at a date specified in such notice.
    • The termination of this Agreement for whatever cause shall not affect any provision of this Agreement which is expressed to survive or operate in the event of the termination of this Agreement and shall not prejudice or affect the rights of any party against the others in respect of any breach of this Agreement or in respect of any monies payable by any one party to another in respect of any period prior to termination.

    14. Force Majeure

    RTC shall not be liable for failure to perform its obligations under this Agreement to the extent that such failure is caused by any cause beyond its reasonable control. Without prejudice to the generality of the foregoing, and without limitation, the following shall be regarded as causes beyond RTC's reasonable control

    • Acts of God, explosions, flood, tempest, lightning or fire, act or accident;
    • Acts of terrorism; omission of Government, highways authorities, war or the threat of war, military operations, sabotage, riot, insurrection, civil disturbance or requisition;
    • Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of RTC or third parties);
    • Import or export restrictions or embargos;
    • Failures of third party suppliers;
    • Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
    • Power failure or breakdown of machinery or the Network.

    If an event of force measure described in Clause 13.1 continues for a period of 3 notice months or more, the Property Owner shall have the right to terminate this Agreement by in writing to RTC at any time after the expiry of that 3-month period while that force measure event is continuing.

    15. Liability

    Rentacle shall not be liable for damages of any kind (including, but not limited to, any direct, indirect, incidental, general, special, consequential, exemplary or punitive damages) even if we have been advised of the possibility of such damages, arising from or relating to: (a) the use or inability to use our services; (b) harm or damage to your property as a result of using our services; (c) disclosure of, unauthorised access to or alteration of your content; (d) any harm to you caused in whole or part by a third party, including but not limited to another user of the services; (e) statements, conduct or omissions of any guest, host, or other third parties on our services; or (f) your or anyone else's conduct or acts in connection with the use of the services, including without limitation from interactions with other users of our services or persons introduced to you by our services, whether on-line or off-line.

    If an event of force measure described in Clause 13.1 continues for a period of 3 months or more, the Property Owner shall have the right to terminate this Agreement by notice in writing to RTC at any time after the expiry of that 3-month period while that force measure event is continuing.

    This Clause sets out the entire liability of each party (including any liability for the acts and omissions of its employees, agents and subcontractors) to the other party in respect of:

    • any breach of its contractual obligations arising under this Agreement; and
    • b. any representation (but not a fraudulent misrepresentation), statement or tortious act or omission including negligence or any other legal liability in connection with the subject matter of this Agreement.

    Except as expressly provided in this Agreement RTC excludes all representations (but not fraudulent misrepresentations), terms and warranties, express or implied, or any duty at common law regarding the Services contemplated by this Agreement, including but not limited to the implied terms of satisfactory quality or fitness for a particular purpose and the implied term of reasonable skill and care.

    The Property Owner shall indemnify RTC in the event of any proceedings and/or complaint made by a customer relating to any of the Property Owner’s properties and permit RTC to deduct monies held on their behalf (if the complaint is, in the opinion of RTC, justified and the customer and owner cannot come to a mutual agreement) to cover the cost of any damages or compensation paid by RTC to the complainant together with any legal costs which may be reasonably incurred.

    RTC can not be held responsible for any monies paid to the Property Owner before the arrival. RTC encourages customers to pay the remaining 90% of the total accommodation charge at the check-in time.

    Rentacle shall not be liable for any failure or delay in performing under these terms due to causes beyond our reasonable control, including but not limited to acts of nature and power, internet, and email discontinuity.

    16. Assignment and sub-contracting

    RTC shall be entitled to assign and RTC may subcontract any of its obligations under this Agreement to a third party without notice to the Property Owner and without the Property Owner’s consent.

    The Property Owner may not assign any of its rights or obligations to another person without the prior written consent of RTC.

    17. Third Party Rights

    A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

    18. Service of notice

    Any notice, invoice or other document which may be given by either party under this Agreement shall be deemed to have been duly given if left at or sent by pre-paid recorded delivery post, email or facsimile transmission (confirmed by letter sent by pre-paid recorded delivery post) to each party's principal or registered office or any other address notified to each other in writing in accordance with this Clause as an address to which notices, invoices and other documents may be sent.

    Any such communication shall be deemed to have been made to the other party 4 days from the date of posting (if by letter) and if by email or facsimile transmission on the day of such transmission.

    19. General

    Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any other occasion.

    If any part, term or provision of this Agreement not being of a fundamental nature be held illegal or unenforceable the validity or enforceability of the remainder of this Agreement shall not be affected.

    This Agreement may only be modified if such modification is in writing and duly authorised by a representative of each party.

    This Agreement represents the entire understanding between the parties in relation to the subject matter hereof and supersedes all agreements made by either party, whether oral or written. The parties agree that, save as expressly set out herein, neither party will have any liability for any untrue statement or representation made by it (whether innocently or negligently) upon which the other party relied in entering into this Agreement, unless such untrue statement or representation was made fraudulently. This Agreement shall prevail over any inconsistent terms and conditions in any other agreement between the parties or referred to in correspondence or elsewhere and any conditions or stipulations to the contrary are hereby excluded and extinguished The parties shall, and shall use all reasonable endeavours respectively to procure that any necessary third party shall, do execute and perform all such further deeds, documents, assurances, acts and things as any of the parties hereto may reasonably require by notice in writing to any other party to carry the provision of this Agreement into full force and effect.

    20. Governing Law & Miscellaneous

    These terms and conditions shall be governed by and construed and interpreted in accordance with the law of Britain.

    Any disputes shall be subject to the exclusive jurisdiction of Scottish courts, to which both parties submit.

    These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We may assign our rights and delegate our obligations under these Terms in whole or part to a third party. Headings of sections are for convenience only and shall not be used to limit or construe such sections.

    21. Disclaimer of Warranties

    If you use our services, you do so at your sole risk. you acknowledge and agree that rentacle does not check any guest, host, or other user’s background or record. Rentacle is a reputation-based system. Take advantage of other user’s comments and third-party referrals on hosts and guests. Use common sense. Be aware and be safe. our services are provided on an "as is" and "as available" basis. we expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

    We do not warrant that (a) our services will meet your requirements; (b) our services will be uninterrupted, timely, secure, or error-free; (c) any information that you may obtain through our services will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through our services will meet your expectations; or (e) any errors in any data or software will be corrected as soon as reasonably possible.

    If you access or transmit any content through the use of our services, you do so at your own discretion and your sole risk. you are solely responsible for any loss or damage arising out of such access or transmission.

    No data, information or advice obtained by you in oral or written form from us or through or from our services will create any warranty not expressly stated in these terms.

    22. Reporting Misconduct

    If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behaviour, who you suspect of stealing from you, or who engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number at help@Rentacle.com; provided that your report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

    Your continued use of this Site and registration to use our Services is contingent upon your agreement to be bound by the foregoing Terms of Use.