The Accomable website located at www.accomable.com (“our Site”) is operated by Accomable Limited ("Accomable", "we" or "us"). Accomable is registered in England and Wales under company number 09875655 and its registered office is at 28 Rennie Court, 11 Upper Ground, London SE1 9LP.
1. Acceptance of this Vendor Agreement
If the Vendor is a company, partnership or other entity, the person using our Site and/or agreeing to this Vendor Agreement on behalf of that Vendor represents to us that he/she has the authority to agree to this Vendor Agreement for and on behalf of the Vendor.
We reserve the right to revise this Vendor Agreement at any time and you agree that the posting of a revised Vendor Agreement on the Site will be a valid notice to you. Your continued use of our Site after any revision will constitute your consent to such changes so please review this Vendor Agreement on a regular basis.
If you are a Vendor with a large property portfolio, a hotel operator or an Accomable Commercial Partner please contact us at firstname.lastname@example.org, as this Vendor Agreement shall not apply to you.
2. Our Site is a platform
Our Site enables Vendors to list accessible rental properties and provides Travellers ("Traveller(s)") with a search tool for accessible accommodation. We may provide certain tools and services to enable communication and the rental transaction between Travellers and their chosen Vendor. Accomable is not itself a party to any rental agreement or booking transaction and disclaims all liability arising from or related to any such contract or transaction to the fullest extent permitted by law. We do not purchase, buy-in, own, sell, provide, furnish, rent, sublet, control or manage any rental properties listed on our Site. It is your sole responsibility to obtain all authorisations to manage and rent the property and the sole responsibility of the Traveller to pay for the rental.
You agree that as a Vendor you are responsible for compliance with all laws, rules and regulations applicable to your listing(s), your property and the conduct of your business, including but not limited to any and all laws, rules, regulations or other requirements relating to advertising & marketing, taxes, payments handling, data security, data protection, permits, planning, local authority requirements including licences or permits, health and safety compliance and compliance with all anti-discrimination and housing laws as applicable.
While we assume no liability for compliance in relation with any property listed on our Site, there may be circumstances where we are under a legal obligation to provide information relating to your use of our Site or your property listing in order to comply with governmental bodies in relation to investigations, litigation or administrative or tax proceedings, and we may choose to comply or not with such obligation in our sole discretion.
3. Property listings
a. Vendor’s Eligibility to list
By listing your property on our Site, you agree to the following:
- • That we may ask any third party provider to verify your identity and other information you provided to us. That third party provider may check the information you supplied against any database (public or otherwise), to which they have access. A record of the search results will be retained by us.
- • That you will upon request provide us and/or our third party provider, a copy of your passport or other proof of personal identification, proof of ownership of the property listed on our Site, and proof of authority to list, to offer for rent and to rent the property.
b. Your Listing Content – general
You will be able to list your property yourself once you have created an Account on our Site. Alternatively, you can provide us with all the relevant material and information and we will create your listing for you.
In both cases, you are solely responsible for the content of any material (including photographs and videos) that you provide, and you agree that you will fully and accurately describe your property in its listing or to us and will disclose any material fact that could impact its accessibility by Travellers.
You agree that any material, including photographs and videos, that you provide in connection with the listing of your property, whether by you or us, ("Listing Content") must not contain any of the following:
- • any details about how to contact you or find your property outside of our Site (email address, link to external website, HTML code, etc.);
- • inaccurate, false, incomplete or out of date information about your property or yourself;
- • pornographic, obscene, threatening, offensive or discriminatory material;
- • defamatory or libellous material;
- • any material which infringes the copyright or other intellectual property rights of a third party, or which breaches any privacy rights of a third party;
- • any viruses, Trojan horses, worms, time bombs, bots or other computer programs that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
- • any other material which we reasonably consider to be inappropriate,
(together "Inappropriate Content").
We reserve the right to refuse to accept any listing, which, in our opinion contains Inappropriate Content and/or delete any contact details from any listings. Your access to our Site may be suspended or terminated and your listing removed from our Site, at our entire discretion, if we receive complaints about your Listing Content or your property or otherwise if you are in breach of any provision of this Vendor Agreement.
In consideration for the use of the Site, the Vendor hereby grants Accomable permission and a perpetual, non-exclusive licence to use the uploaded content throughout the world in all and any media, including on the Site, Accomable’s printed publications, presentations and promotional materials and in the advertising of Accomable’s services.
c. Your Listing Content- specifics
i. Accessible features
You are responsible for ensuring that the Listing Content you provide is accurate, complete and up to date, in particular in connection with information and details about the accessibility features and equipment of your property. A listing with inaccurate, incomplete or out of date content is misleading to Travellers and may result in Travellers being unable to stay at your property. We reserve the right to suspend your listing without notice if we believe your description of the property and its accessibility features to be misleading.
ii. Availability and rates accuracy and updating
We reserve the right to suspend your listing without notice if you fail to accurately reflect current prices, fail to update pricing on request, or if we receive complaints from Travellers about inaccurate pricing displayed in your listing.
d. Applicable cancellation policy
e. Applicable non-refundable price element
You will be able to set the non-refundable element of the price paid by Travellers from 0% to 30% by clicking the relevant percentage during the listing process. This will be displayed in your property listing.
f. Your listing appearance in search results
We do not guarantee that your listing will appear in any specific position in search results as the order in which listings are displayed will adjust based on a range of factors including the Traveller’s search parameters. We reserve the right to apply various search algorithms optimize how listings are displayed to Travellers. We may also run occasional tests that will be limited in duration but may alter search results.
4. Booking and payment process
a. Generating and issuing an invoice
Once you have agreed all details of the booking with the Traveller via our Communications Services you must create and send to the Traveller via our Site a custom invoice with itemised details of the rental rate, non-refundable element and any additional charges (such as equipment rental charges or ancillary services charges) as well as the total price to be paid by the Traveller.
You are responsible for collecting and reporting to your local tax authorities all taxes, including VAT, on all payments you receive from Travellers.
c. Payment and chargebacks from Travellers
We provide you with a secure online payment system via our payment service provider Stripe (we may change provider at any time without notice to you) to receive payments from Travellers in relation to bookings generated by your listing(s). You must not request any payment from Traveller to be made via any other means than via our Site. We reserve the right to delete your listing and/or terminate your Account if we suspect that you have made such requests.
We act as your agent in facilitating the payment from the Traveller for their booking with you. We are not a party to the transaction as specified in clause 2 above. We will therefore not be liable or responsible for any refund due from you to Travellers.
We will transfer the non-refundable element of the price to you on the same day we receive the Traveller’s payment. The balance will be transferred to you on the English business day following the Traveller’s check-in date. Please note that you might not receive funds on the same day we send them depending on your location.
You will fully cooperate with us in relation to chargebacks made by Travellers and the submission of defence to chargebacks that we determine, in our sole discretion, are without merit and you agree to assign to us the right to pursue any loss directly against the relevant Traveller. You agree to promptly return to us any monies that is subject to a successful chargeback and that has been paid to you. If you do not return such monies to us, we reserve the right to deduct the corresponding amount from any sums due to you.
d. Your payment details
It is your responsibility to provide us with complete and accurate payment details and update them from time to time. If the payment details in your Account are incorrect or out of date, then we will not be responsible for any failure or delay in processing payments or any related loss of monies and you will be liable for all costs we may incur.
e. Our fee
We will charge you a fee equal to 10% of the total price paid by the Traveller in relation to a booking. Where applicable, our fees are inclusive of UK VAT at the standard rate. We may we lower or increase our fees in relation to new bookings at any time.
We will deduct our fee from payments made to you in connection with a booking.
5. Cancellation policies
a. Cancellation by Travellers
Travellers may cancel their booking with you at any time via a form available on our Site. The cancellation policy that you have chosen for the property sets out the conditions of refund of the refundable element of the total price to the Traveller. We will process any refund directly to the Traveller.
b. Cancellation by Vendors
You should not cancel any bookings since by accepting the booking you have entered into a binding contract with the relevant Traveller for the supply of your property. If you have no choice but to cancel, you must contact the Traveller and Accomable immediately and promptly refund to us any monies you have received in relation to the cancelled booking. We will then fully refund the Traveller. We reserve the right to remove any listing from our Site if your cancellation rate for the property is, in our sole discretion, excessive.
If you cancel a booking, we will invoice you for, and you agree to pay any payment processing costs that we incur as a result of your cancellation. Please note that you may also be liable to pay additional compensation to the affected Traveller under your applicable local laws.
c. Cancellation by Accomable
We reserve the right to cancel any booking at any time for security, fraud-protection purpose (including without limitation credit card fraud or misleading advertising) or any other reasonable purpose. In such cases the cancellation policies will not apply and you will not receive any payment for the cancelled booking, and where appropriate and in our sole discretion a full refund will be made to the Traveller. If we have transferred any monies to you in connection with the booking, you agree that you will promptly refund such sums to us. You agree that we and the relevant Traveller will not have any liability to you for such cancellations or refunds.
6. Comments and use of the Communication Services
Travellers may post comments on any property listed on our Site. Comments are public and you can respond to them. We may, but are under no obligation to, review such comments and responses. You agree that your sole remedy in relation to a comment, and our sole obligation in relation to comments, is to allow you to post a response; we otherwise expressly disclaim any liability for any comment posted on our Site.
You may not as a Vendor leave any comment on your own or another Vendor’s property.
You must not attempt to contact a Traveller and/or you must not induce any Traveller to contact you outside of our Communication Services.
We do not accept responsibility for and have no involvement in, the communications between you and Travellers.
We do not provide liability insurance protection. You are solely responsible for obtaining and agree to obtain and maintain appropriate insurance coverage to protect you, your property and Travellers while they stay in your property.
When you list a property on our Site or provide us with your Listing Content so we can create a listing for you, you warrant and agree that:
- 1. you own or have the necessary rights and permissions to your Listing Content and you will provide to us evidence of all such rights and permissions on request;
- 2. your Listing Content (in particular photographs and videos) is your own original work and has not been copied from any third party;
- 3. your Listing Content is accurate, complete, true and up to date;
- 4. your Listing Content is not deceptive, misleading or deceitful;
- 5. your Listing Content is not discriminatory based on race, colour, national origin, religion, sex, sexual orientation or disability, or in breach of any applicable law prohibiting discrimination;
- 6. your Listing Content complies with all applicable laws and regulations including those relating to unfair competition and false advertising; and
- 7. your Listing Content does not contain any Inappropriate Content.
You further warrant, represent and/or undertake on an ongoing basis that:
- 1. you are the owner of the property listed and/or you have all the necessary rights and authority to list, offer for rent and take bookings for the property listed;
- 2. you will not wrongfully retain any part of the rental price or the breakage deposit in breach of this Vendor Agreement or your rental agreement with the Traveller;
- 3. you will promptly refund the Traveller in accordance with the cancellation policy applicable to the property;
- 4. you will not wrongfully deny any Traveller access to the property.
The warranties and representations given in this section being the “Warranties and Representations”.
By using our Site, you acknowledge and agree that any claim you may have that is in any way connected with a dispute you have with a user of our Site must be brought directly against that user and not against us. If a Traveller has a complaint in connection with your property or the rental agreement between you and them, you will deal with such complaint in accordance with your rental agreement. We may notify you of any complaints we receive from Travellers in relation to your property or the rental agreement between you and them. We have the right but not the obligation to investigate a complaint from a Traveller and you agree to cooperate with such investigation. We reserve the right to block or suspend any payment due to you while any such investigation is ongoing. We may only release such blocked or suspended payment following confirmation from both parties that the complaint has been resolved.
You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, penalties, damages, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or incurred by us arising out of or in connection with your dealing with Travellers, our Site and its users, including without limitation:
- 1. any failure by you to obtain the necessary licences, rights and permissions in and to any of your Listing Content;
- 2. any failure by you to refund monies to a Traveller in circumstances when such refund is due, in particular but without limitation under clause 5b. and 5c above;
- 3. the inclusion of any Inappropriate Content in your Listing Content;
- 4. any claim by a Traveller, user of our Site or any third party in connection with or resulting from your Listing Content, including: a) any claim that your Listing Content infringes the intellectual property or other proprietary rights of a third party; or b) any claim that your Listing Content is inaccurate, incomplete, untrue, out of date, deceptive, misleading or deceitful, in particular as to the accessibility of your property;
- 5. your use of our Site, including without limitation your use of the Communication Services or of our payment system;
- 6. your breach of any provision of this Vendor Agreement, including a breach of the Warranties and Representations; and
- 7. the Travellers’ stay at your property and use of associated services and facilities you may provide.
11. Limitation of Liability
The content of our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and in no event shall Accomable, its shareholders, officers, employees, directors, representatives, consultants, agents and successors be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data and loss of goodwill, or any direct, indirect, consequential, special, incidental, loss or damage arising out of, based on, or resulting from our Site, your use of our Site, any transaction between users of our Site and/or your interactions with any users of our Site and any Travellers’ stay at your property, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or if Accomable has been advised of the possibility of such damages.
If you are dissatisfied with our Site or you do not agree with any part of this Vendor Agreement, then your sole and exclusive remedy against us is to stop using our Site.
Except for our obligation to make payments due to you under this Vendor Agreement, in any event, the aggregate liability of Accomable to you or any third party in any circumstances arising out of or in connection with our Site is limited to the amount of fees you pay to us in the twelve months prior to the event giving rise to liability.
Nothing in this Vendor Agreement shall exclude our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law
You may remove or ask us to remove any of your listings from our Site at any time. Agreed bookings made before the removal of your listing will remain valid and will continue to be processed and you agree to perform all your obligations, and in particular the provision of the relevant property, in relation to such bookings
13. Force majeure
We cannot accept any liability or pay any compensation for any delay in or failure of performance by Accomable under this Vendor Agreement (and such delay or failure will not be considered a breach of this Vendor Agreement) to the extent caused by any event outside our reasonable control, whether actual or threatened, including, but not limited, to acts of God, power outages, natural or nuclear disaster, adverse or severe weather conditions, government restrictions, strikes, civil unrest, war or terrorist activity.
We act as your agent solely for the facilitation of payments in relation to bookings made through our Site. Except for this agency relationship, nothing in this Vendor Agreement or in your use of our Site creates, or is intended to establish, any partnership, joint venture or similar relationship between you and us.
For the avoidance of doubt, we never act as a principal in connection with any of the transactions or services available on or through our Site.
b. No Third party rights
Nothing in this Vendor Agreement is intended for the benefit of any third party and no term of this Vendor Agreement shall be enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.
If any provision or part of a provision, of this Vendor Agreement is found by any court or authority of competent jurisdiction to be unlawful, invalid or unenforceable, such provision or part-provision will be deemed superseded by a lawful, valid, enforceable provision that most closely match the intent of the original provision and the remainder of this Vendor Agreement will apply as if the offending provision or part-provision had never been agreed.
d. No waiver
Any failure or delay by us to enforce or exercise any provision of this Vendor Agreement, or any related right, will not be a waiver of that provision or right. Any rights not expressly granted in this Vendor Agreement are reserved.
e. Entire agreement
Any notice to us should be sent to email@example.com. We may give you notice of any matter by displaying a notice on our Site or by sending you an email communication at the email address you have entered in the My Account’ page.
15. Applicable law and jurisdiction
This Vendor Agreement and all matters arising out or relating to it (including non-contractual disputes or claims) shall be interpreted and governed by the law of England and Wales. Any claim or dispute relating to it shall be subject to the exclusive jurisdiction of the English courts except that we reserve the right to bring proceedings against you for breach of this Vendor Agreement in your country of residence or any other relevant country.