Terms and Conditions
(1) The www.thefrenchpropertyplace.com website, and any mobile application for the website (the “Site”) is owned and operated by The Sussex Newspaper Group.
(4) If the Owner is a company, partnership or other entity, a person who uses this site, and/or agrees to the Owner Ts&Cs, on behalf of that Owner represents that he/she has the authority to bind the entity to these Owner Ts&Cs.
(5) The Sussex Newspaper Group does not authorise anyone to register with this site unless they are able to enter into legally binding contracts.
(6) The Sussex Newspaper Group may revise these Owner Ts&Cs at any time by posting an updated version to this Web page. You should visit this page periodically to view the most current Owner Ts&Cs because they are binding on you. Owners who violate the Owner Ts&Cs may have their access and use of the Site suspended and their Property Listings removed from the Site, at The Sussex Newspaper Group’s discretion.
2. The Site is a Venue only
(1) This site is a venue which allows Owners to advertise one or more holiday rental properties (each a “Property”) for rent in a variety of pricing formats to potential tenants i.e. a “Traveller” and, collectively with an Owner the ‘users’.
(2) We may also offer online booking or other tools or services to allow Owners and Travellers to communicate with each other and to enter into rental agreements or other transactions.
(2) The Site provides a venue for users to interact, and The Sussex Newspaper Group is not, and does not become, party to any contractual relationship between the Traveller and the Owner, and does not mediate between the Traveller and the Owner in the event of any dispute arising between them. This is true even if the Site facilitates booking a Property or the use of other tools, services or products, as The Sussex Newspaper Group is not a party to any rental or other agreement between Travellers and Owners.
3. Property Listings
3.1 Purchasing a Listing
(1) Owners can agree with the The Sussex Newspaper Group to place on the site a paid-for advertisement for a specific Property (each, a “Listing”).
(2) To purchase a Listing, the Owner must make an order by means of the Site’s online order form and pay The Sussex Newspaper Group the fees for the relevant Listing (“Listing Fees”). By submitting an order form the Owner Warrants that all of the information they have provided to The Sussex Newspaper Group is accurate and complies with the Listing Terms set out in clause 4 below.
(3) Listings sold by The Sussex Newspaper Group run for the full term as selected by the Owner on the relevant order form. That term starts on the date that the Owner submits the full or initial (as applicable) payment of Listing Fees (the “Purchase Date“) and expires on the last date of the term selected by the Owner (the “Listing Term“), unless renewed as provided in sub-paragraph (6) below. For example, if the Purchase Date for an annual Listing Term is May 1st, the Listing would expire on April 30th of the following year (unless renewed as provided below).
(4) Note that all Listings and other additional services paid for with a credit card will be automatically and continuously renewed at the end of their respective term. Listings will be renewed for the same duration as the initial Listing Term (or by twelve months, if the initial Listing Term was more than twelve months) and services will be renewed to match the Listing term (each a “Renewed Listing Term”). Special discounts granted for the initial Listing Term are not granted for a Renewed Listing Term. The automatic extension of a Listing Term can be deactivated at any time before the end of the initial Listing Term or the then-current Renewed Listing Term by means of the “deactivate automatic extension” link or by notifying The Sussex Newspaper Group through the contact form. To avoid doubt, any such deactivation will only take effect at the end of the initial Listing Term or Renewed Listing Term in which the deactivation occurs.
(5) Payments to The Sussex Newspaper Group can be made by PayPal, bank transfer or any other method authorised in advance by The Sussex Newspaper Group. All banking and other fees relating to a payment shall be borne by the Owner.
(6) Note that Owners who are qualifying Property Managers may apply to The Sussex Newspaper Group to enter into a separate Property Manager Listing Contract.
(7) If an Owner purchases a Listing, but does not complete the creation of the Listing or the Listing does not appear on the site for any other reason, refund requests for Listing Fees will be considered by The Sussex Newspaper Group, but are only available if applied for by the Owner by contacting The Sussex Newspaper Group through the contact form during the first three (3) months following the relevant Purchase Date (the “Initial 3 Months“), and on the condition that: (i) the relevant Listing has not appeared on the site during the Initial 3 Months; and (ii) the failure of the Listing to appear on the site during the Initial 3 Months does not result from the Owner failing to take such steps as The Sussex Newspaper Group may require in relation to the completion of the Listing.
(8) If no such refund is applied for or granted, but the relevant Listing is completed and appears on the site after the end of the Initial 3 Months, The Sussex Newspaper Group may in its discretion permit the Listing Term to continue until fifteen (15) months after the Purchase Date for that Listing.
(9) Listing Fees are non refundable in the event that the Owner terminates the Agreement or wishes to remove a Listing before the end of the Term of subscription initially chosen.
(10) The Sussex Newspaper Group reserves the right to decline to place any Listing that appears, in The Sussex Newspaper Group’s discretion, to be capable of infringing, or be associated with the infringement of, any provision of these Owner Ts & Cs.
(11) While Owners and property managers can influence a Listing’s position, the search results are dynamic. As a result, Owners may notice on going fluctuations in their listing position.
(1) Owners are charged a ten per cent commission on any bookings referred from The French Property Place website. This commission is equal to a percentage of the base rental amount paid by a Traveller on every booking sourced through the Site, as set out in the subscription process (“the Commission”). The Sussex Newspaper Group reserves the right to change the applicable Commission, with any changes to be notified to the Owner 30 days before the new Commission is applied. The new Commission rate will be deemed accepted if the Owner does not remove his Listing by the time the new Commission is applied.
(2) The calculation of the Commission will include applicable payment processing fees related to online payment, but shall not be assessed on amounts charged for taxes and any other product or service purchased by the Traveller and charged by The Sussex Newspaper Group, such as insurance products. It is the Owners’ duty to accurately breakdown the different amounts charged to the Travellers.
(3) Processing of the amounts paid by the Travellers, less The Sussex Newspaper Group’s commission, is managed by The Owner,
(4) Owner commits to provide only accurate and up to date information in each Listing (including the description, rates and cancellation policy), and shall not impose different conditions on the Traveller than those set out in the listing. Failure to comply with the obligations set forth in these terms and conditions may result in Owner’s permanent exclusion from the Site and from any of its affiliated sites.
(6) Sort order for Listings depends on The Sussex Newspaper Group’s algorithms and may vary from time to time. No guarantee is given on any position within the search results, but the position of a Listing can be improved through quality criteria, such as number and quality of pictures, quotable rates, description, calendar updates, etc.
4. Listing Terms
(1) The Owner warrants that all of the information provided to The Sussex Newspaper Group is accurate and up-to-date, including, but not limited to any and all representations about any Property, its amenities, location, price, and its availability for a specific date or range of dates. The Owner will only list Properties which the Owner is entitled to rent to Travellers, and each Listing must relate to an individual and uniquely identified Property.
(2) The Owner undertakes to ensure that the information on the Listing is kept accurate and up-to-date for the entire time the Listing remains on the Site, and: (i) if a translation is provided to ensure that it is carefully and correctly translated, and: (ii) to comply with the listing guidelines when drawing up the Listing. The Owner shall not give misleading particulars about the origin of any information or include details that may conceal the true source of any information.
(3) The Owner undertakes to ensure that the calendar for each Listing is keep accurate and up-to-date to reflect the availability of the relevant Property as it is booked. On date-based searches, listings having calendars which are 60 days or more out of date will be filtered out of results.
(4) Owners are responsible for ensuring that their Listings do not infringe the law or the rights of any person or entity. Listings must not contain false information, personal insults, anything slanderous or defamatory, or anything that infringes copyright or data protection law.
(5) Photographs included in a Listing should depict the Property as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party.
(6) We may from time to time provide or facilitate services to Owners to create or improve the quality of their property listings. We also may from time to time create new, or otherwise change, the location or geographic descriptions we use to identify properties in their listings and search results. Consequently, we may change the location or geographic description associated with any property listing. However, we assume no responsibility to verify property listing content or the accuracy of the location. Owners are solely responsible for ensuring the accuracy of listing content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy.
(7) If any Listing is in breach of these Listings Terms, The Sussex Newspaper Group reserves the right to suspend, down-tier or terminate the relevant Listing or all Listings associated with the Owner in accordance with clause 12 of these Owner
5. Listing Details and Services
(1) In a standard Listing, one (1) Property rental is displayed. If the Owner selects to display “Multi Unit Listing”, such Multi Unit Listings shall be at the same physical address as part of the Listing.
(2) In a standard Listing, up to twenty-four (24) photos of a Property may be displayed. A cut-down version of the Listing is shown on the site as a search snippet, in the form of a preview with a picture of the Property, linked to the full-page Listing.
(3) In addition, a search summary snippet (either with or without a picture of the Property) and linked to the full-page Listing (with or without machine-translated text) may appear on the websites of affiliates of The Sussex Newspaper Group (including affiliates in other countries) (collectively, “The Sussex Newspaper Group Affiliates”). The availability of search snippets, and the inclusion of Property photos in them, on such The Sussex Newspaper Group Affiliate websites is dependent on the availability of the relevant functionality on those websites. The Owner acknowledges that these search summary snippets may appear very low in the search hierarchy of the relevant websites. Should the Owner wish to improve the prominence of such search summary snippets, it is necessary for the Owner to purchase an International Upgrade, as provided in Clause 6 below.
(1) The Owner shall not directly or indirectly:
a. With respect to the Site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
b. Monitor content on the site or communications with Travellers by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or property rental adverts, or any subset of the same or which is in the business of providing holiday property rental services or other services that compete with the site or The Sussex Newspaper Group) and non-commercial public Archives that use tools to gather information for the sole purpose of displaying hyperlinks to the site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with The Sussex Newspaper Group’s robots.txt file;
c. Use the site or The Sussex Newspaper Group’s platform or systems for purposes other than those referred to in these Owner Ts&Cs;
d. Use the site or the tools and services on the site for the purpose of booking or soliciting a rental for a property other than a Property under a valid Listing;
e. reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;
f. Upload or send to the site any content or programs, which on account of their size or nature, might damage
If The Sussex Newspaper Group determines, or an allegation is made, that:
a. Listings or other content associated with an Owner contain any material that infringes the Content Guidelines, the law, applicable regulations or the rights of any person or entity;
b. an Owner has submitted unsuitable material to, or misused, the site;
c. an Owner’s listing or rental practices are unacceptable or unfair (for example, and without limitation, if an Owner double-books a Property for multiple travellers on the same date, or engages in any practice that would be considered unfair or improper within the holiday rental industry);
d. the Owner is in material breach of these Owner Ts&Cs (which shall include, for the avoidance of doubt, any breach of clause 4 ‘Listing Terms’ or clause 11 ‘Prohibitions’) any other obligations owed to The Sussex Newspaper Group, any The Sussex Newspaper Group Affiliate or Traveller;
e. an Owner has been is abusive or offensive to any employee or representative of The Sussex Newspaper Group;
f. an Owner uses a false identity;
g. The Sussex Newspaper Group’s systems or communications platforms have been otherwise misused; or
h. anything similar to the foregoing has occurred in relation to any of The Sussex Newspaper Group Affiliates,
then The Sussex Newspaper Group shall be entitled to, at its sole discretion, (i) suspend, (ii) down-tier, or (iii) terminate either
(a) any affected Listings, or (b) all Listings associated with that Owner (including, for the avoidance of doubt, any Additional Paid Services relating to those Listings) immediately and without refund of Listing Fees or any other fees or charges paid by the Owner.
Note that The Sussex Newspaper Group assumes no duty to investigate complaints.
13. Rights and obligations of The Sussex Newspaper Group
(1) The Sussex Newspaper Group may change, suspend or discontinue any aspect of the Site at any time, including the layout and the availability of any Site features, database or content without any prior notice or liability.
(2) The Sussex Newspaper Group shall use commercially reasonable efforts to ensure that Property depictions on the site are as true and accurate a representation as practicable of the photographs of their Properties that Owners have submitted to The Sussex Newspaper Group. However, Owners acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
(3) The Sussex Newspaper Group may occasionally undertake upgrades of the site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the site. The Sussex Newspaper Group will, where possible, aim to ensure that maintenance of the site that causes any such restriction is undertaken at a time when most Travellers’ usage is least affected.
(4) The Sussex Newspaper Group may conduct identity checks and ask for proof to establish the existence of a Property and/or an Owner and ownership. If The Sussex Newspaper Group – including as a result of information provided by Travellers – suspects that the Owner has supplied false information, the Owner acknowledges that The Sussex Newspaper Group is entitled to carry out identity checks on the Owner or to prove the existence of a Property; if requested to do so, the Owner agrees promptly (and in any event within any period requested by The Sussex Newspaper Group) to supply to The Sussex Newspaper Group such proof of identity or of a Property’s existence as The Sussex Newspaper Group requests. Each Owner acknowledges that failure to comply with any such request constitutes a breach of these Owner Ts&Cs.
(1) All content that appears on this site, and the Site itself, is protected by copyright and database rights.
Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
(2) Owners are permitted to download, display or print individual pages of the Site to evidence their agreement with The Sussex Newspaper Group. The relevant file or the relevant printout must clearly bear the text “© Copyright 2001 – Present The Sussex Newspaper Group UK Ltd – All Rights Reserved”.
15. Further rights and obligations of the Owner
(1) The Owner shall submit truthful particulars about his/her personal identity, payment data, Property offered in Listings and other communications using The Sussex Newspaper Group Group systems.
(2) Owners are required to keep their account login details secret and not to pass them on to third parties or use them to provide shared access for example over a network. Owners should use a password which is unique to their use the Site – they must not use the same password as is used for another site or email account. The Sussex Newspaper Group will never ask Owners to disclose this data. If Owners are contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify The Sussex Newspaper Group of the situation by email to The Sussex Newspaper Group Help. Should any Owners notice that their account is being used by an unauthorised third party, they should immediately report the matter to The Sussex Newspaper Group by email to The Sussex Newspaper Group Help and change their password.
(3) The Owner shall be responsible for all charges relating to the Property and the Listings, and shall account to the relevant authorities for all applicable taxes (including, where relevant, VAT) on the payments they receive.
(4) If the Owner is VAT registered in the country which is based in an EU member state, it must provide The Sussex Newspaper Group with the valid VAT number. This number has to be validated by VIES http://ec.europa.eu/taxation_customs/vies/.
The Sussex Newspaper Group will then apply reverse charge mechanism to the Owner, under Art. 196 of Directive 2006/112/EC relating to the reverse charge mechanism. Where Art. 196 applies the Owner’s invoice will not include any VAT. You may be required to account for VAT in your local Member State. Owner shall provide the valid VAT number immediately, however no later than thirty (30) days after registration. If the VAT number is provided after thirty (30) days, The Sussex Newspaper Group will not refund any VAT amount. The reverse charge mechanism does not apply when the Owner is based in United Kingdom, UK VAT will be charged in that case.
(5) The Sussex Newspaper Group reserves the right to transfer these Owner Ts&Cs, and to assign or subcontract any or all of its rights and obligations under these Owner Ts&Cs, to a third party but will not do so in such a way as to reduce any guarantees given to the Owner under these Owner Ts&Cs.
The Sussex Newspaper Group’s limited liability
In no event will The Sussex Newspaper Group be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site, your use of the site and/or any transaction between users, even if The Sussex Newspaper Group has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the site or The Sussex Newspaper Group’s platform or systems, or you do not agree with any part of these Owner Ts & Cs, then your sole and exclusive remedy against The Sussex Newspaper Group is to discontinue using the site. In all events, our liability, and the liability of The Sussex Newspaper Group Group, to you or any third party in any circumstance arising out of or in connection with the site is limited to the greater of (a) the amount of fees you pay to us in the six months prior to the action giving rise to liability, and (b) £100.00 in the aggregate. Nothing in these Owner Ts & Cs shall exclude or restrict The Sussex Newspaper Group Group’s liability for death or personal injury resulting from its negligence; nor for The Sussex Newspaper Group Group’s fraud or fraudulent misrepresentation.