ACCEPTANCE OF TERMS
The services that Rental Cloud Services Ltd (“RentalCloud”) provides for you are subject to the following Terms and Conditions. RentalCloud reserves the right to update the Terms and Conditions at any time without notice to you. These Terms and Conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) and are made available online, through any mobile device, by email or by telephone.
The right to use RentalCloud is personal to you and is not transferable to any other person or entity. You are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password(s), if any.
You shall have the right at any time to change or discontinue any aspect or feature of the services provided by RentalCloud, including, but not limited to, content, hours of availability, and needed for access or use.
RentalCloud shall have the right at any time to change or modify the Terms and Conditions applicable to User’s use of RentalCloud, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this website, by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of RentalCloud by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions. These pages, the content and infrastructure of these pages, and the online reservation and enquiry service provided on these pages and through the website (“RentalCloud”) are owned, operated and provided by the RentalCloud Team (“RentalCloud”, “us”, “we” or “our”) and are provided for you subject to the Terms and Conditions set out below.
1. Scope of our Service
- Through the website, we (RentalCloud and our affiliate (distribution) partners) provide an online platform through which all types of temporary service providers, such as, accommodations (for example hotels, self-catering villas, hostels and bed & breakfasts, collectively “hotels” and “rentals”), transportations (“Cars” “Yachts” and “Flights”) and Tourism Services (“Tours” and “Activities”), can advertise their services for enquiry, and through which visitors to the website can make such enquiries. By making an enquiry through RentalCloud, you enter into a direct (legally binding) contractual relationship with the service provider with which you book. From the point at which you make your enquiry, we act solely as an intermediary between you and the service provider, transmitting the details of your enquiry to the relevant service provider.
- When rendering an enquiry on RentalCloud, the information that we disclose is based on the information provided to us by service providers (Rentals, Cars, Yachts, Flights). As such, the service providers are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each accommodation provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any accommodations made available.
- Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
2. Prices and Best Price Guarantee
We don’t charge booking and commission fees. The prices on our site are highly competitive. All prices on the RentalCloud website are per room for your entire stay and are displayed including VAT tax and all other taxes (subject to change of such taxes), unless stated differently on our website.
We want you to pay the lowest price possible for your stay. Should you find your accommodation, with the same reservation conditions, at a lower rate on the Internet after you have made a reservation through us, we will match the difference between our rate and the lower rate under the Terms and Conditions of the Best Price Guarantee.
The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such.
3. Privacy and Cookies
RentalCloud respects your privacy. Please take a look at our privacy and cookies policy for further information.
To use the functionality of RentalCloud, you must complete our online registration form, which will go through our unique verification process.(i) (Member Plan, Traveller Plan, Partner Plan, Guest)Members can communicate directly with your guests and can access our unique auction facility for the unsold weeks. Members will have a dedicated accounts manager. (ii) Members who have more than 10 listings are termed as “Partners”. Partners will have all the benefits of the membership. (iii) Registered and Verified Travellers get exclusive access to our unique auction system and can avail best discounts. They are also more likely to get access to quick, easy and better deals on our listings as owners know their properties will be in safe hands. (iv) Registered Guests are welcome to freely browse and book any of the guaranteed holiday listings on our gateway and take advantage of our great prices.
5. Auction and Bidding
To start an auction or bidding, or use certain other functionalities of the RentalCloud website, you must complete our online registration form and choose a package suitable for your needs, thereby providing us with certain information, including, but not limited to, the identification code to be used by you when you access our website (your ID), your email address and your credit card information. In addition, to post your Information on our website, you must provide us with additional information, including, without limitation, a password (Password). You are responsible for, and bear the risk of, use of ID(s) and Password(s) assigned to you, whether or not such use is authorised by you, and RentalCloud shall have no responsibility for controlling or monitoring the use of user IDs and Passwords and no liability for any use (authorised or unauthorised) of IDs and Passwords. Accordingly, in order to prevent the unauthorised use of IDs and Passwords, you agree that you will take such actions as are necessary to maintain the confidentiality of your Password. In connection with the operation and use of our website and our services, you hereby authorise RentalCloud and any party claiming through RentalCloud, including other users, to rely upon any information and/or instructions set forth in any posting using the ID and Password assigned to you without making further investigation or enquiry and regardless of the actual identity of the individual transmitting the same.
When you bid and win an auction, you enter into a legal contract with RentalCloud to purchase the travel subject to such auction.
All items are offered subject to availability in specific, contracted classes of service. Once reservations are confirmed they are NON-REFUNDABLE AND NON-CHANGEABLE. Reservations cannot be changed or endorsed in any way after issuance.
RentalCloud reserves the right to set minimum bids and to withdraw any item from auction at any time, for any reason. Bids must be raised by the posted bidding increments. RentalCloud reserves the right to postpone, delay, interrupt, or cancel any auction for any reason, at any time.
Bidders must be of at least legal age in their state of residence. Persons who are “minors” must use an agent such as a parent or legal guardian who is of at least legal age for the purpose of bidding.
Payment is safely processed from your credit/debit card or bank account to our bank account through a third-party payment processor.In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at £50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges you the deductible because of unauthorised transactions resulting from a reservation made on our website, we will pay you this deductible, up to an aggregate amount of £50 (or the equivalent in your local currency). In order to be indemnified, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email ([email protected]). Please state ‘credit card fraud’ in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using RentalCloud’s secure server and the unauthorised use of your credit card resulting through our default or negligence and through no fault of your own while using the secure server.
If you wish to review, adjust or cancel your subscription, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the number of days the subscription was active from the day of the activation.
8. Further Correspondence
By completing registration, you agree to receive an email which we may send you shortly after the registration is complete, giving you information on your package and providing you with certain information and offers (including third-party offers to the extent that you have actively opted in for this information). Please see our Privacy and Cookies Policy for more information about how we may contact you.
9. Ranking and Guest Reviews
The default setting of the ranking of hotels on our website is “Recommended” (or any similar wording) (the “Default Ranking”). For your convenience, we also offer other ways to rank the hotel. Please note that the Default Ranking is created through a fully automated ranking system (algorithm) and is based on multiple criteria.
The completed guest review may be (a) uploaded onto the relevant property’s information page on our website for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the accommodations, and (b) (wholly or partly) used and placed by RentalCloud at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our website or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by RentalCloud. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
10. Confirmation of Bookings
All Members, Partners, property owners and other users of the Rental Cloud platform services who receive a referral for a potential booking through our platform shall, within 14 days of the last date on which the Member, Partner, property owner or other user (as the case may be) is due to provide any service booked, confirm in writing to Rental Cloud:- if a booking was secured; if the service was provided; and the nature of the service booked. Confirmation shall be provided by registered email address to our support email address ([email protected]).
Subject to the limitations set out in these Terms and Conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or a series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the accommodation as made available on our website, (iii) the services rendered or the products offered by the accommodation provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the accommodation or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Whether the property you stay at charges you (or has charged you) for your room, or we are facilitating the payment of the room price, you agree and acknowledge that the property is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the room price to the relevant tax authorities. RentalCloud is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the room price to the relevant tax authorities.
11. Intellectual property rights
Unless stated otherwise, the software required for our services or available on or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by RentalCloud, its suppliers or providers.
RentalCloud exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilise, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to RentalCloud. Any unlawful use or any of the aforementioned actions or behaviours will constitute a material infringement of our intellectual property rights (including copyright and database right).
To the extent permitted by law, these Terms and Conditions and the provision of our services shall be governed by and construed in accordance with the law of Scotland and any dispute arising out of these general Terms and Conditions and our services shall be subject to the exclusive jurisdiction of the Scottish courts.
The original UK English version of these Terms and Conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these Terms and Conditions or inconsistency or discrepancy between the UK English version and any other language version of these Terms and Conditions, the UK English language version to the extent permitted by law shall apply, prevail and be conclusive. The UK English version is available on our website (by selecting UK English language) or shall be sent to you upon your written request.
If any provision of these Terms and Conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such an event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms and Conditions.
13. About RentalCloud and the support companies
The online accommodation enquiry service is rendered by Rental Cloud Ltd, a private limited liability company, incorporated in Scotland and having its office at:
Rental Cloud Limited,
4-5 Mitchell Street,
Edinburgh, EH6 7BD
RentalCloud is supported by various affiliated group companies (the “support companies”) throughout Europe. The support companies only provide an internal supporting role to and for the benefit of RentalCloud. Certain designated support companies render limited customer care support services (only by telephone). The support companies do not have any website (and do not in any way control, manage, maintain or host the website). The support companies do not have any power or authority to render the service, to represent RentalCloud or to enter into any contract in the name of, for or on behalf of RentalCloud. You do not have a (legal or contractual) relationship with the support companies. The support companies do not operate and are not authorised to act as any form of process or service agent of RentalCloud. RentalCloud does not accept nor assume any domicile at any place, location or office in Europe (also not at the office of its support companies), other than its registered office.