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Coolstays Owner Agreement

1. Introduction

  1. Coolstays.com is a holiday accommodation advertising platform for owners and agencies to advertise their properties or rooms for rent to other users of our site (“Users”).
  2. This Agreement (the "Owner Terms") governs the relationship between Coolstays Limited trading as Coolstays.com ("Coolstays”, “the Site", “we” or “us”) and you, as a property owner or agent ("the Owner” or "you") wishing to advertise a holiday property, guest house, hotel (and/or any other dwelling available for rental to holiday makers) on the Site.
  3. Please read these Owner Terms completely, in conjunction with the Website Terms of Use at https://www.coolstays.com/terms. By using our site and advertising on our site, you acknowledge and agree to be bound by them.
  4. These Owner Terms also incorporate by reference the Coolstays Owner Data Processing Agreement (the “DPA”) and our Privacy Policy at https://www.coolstays.com/privacy-policy. By agreeing to these Owner Terms, you also agree to be bound by and comply with the DPA, which governs the way personal data is processed between Coolstays and Owners.

2. Who we are

Coolstays.com is operated by Coolstays Ltd, a company registered in England and Wales. Our company registration number is 7804381. Our registered office is at Nile House, Nile St, Brighton, BN1 1HW, UK. Our VAT registration number is GB127252921. Coolstays is a trading name of Coolstays Ltd.

3. Subscription Levels and Payment

  1. You can place a paid-for advertisement on the site for a property (the “Listing”) by purchasing a 12-month subscription and paying the relevant fee, as agreed with our account managers.
  2. There are 4 separate types of subscription – Platinum, Gold, Silver and Bronze. Each includes various levels of marketing on our site, to our Users via email, and to the wider world via social media. The current subscription levels and their benefits offered can be found at www.coolstays.com/owners/.
  3. If a promotional discount to our standard pricing is available or has been agreed with your account manager it will be applied. Unless otherwise stated this discount will only be applied to the initial term.
  4. A subscription will be added to your account in your Owner's Area at https://owners.coolstays.com and you will be required to enter a valid payment card to activate the subscription. Your card will be billed for the agreed amount and a receipt will be sent to you within minutes. Our card payments are handled by Stripe (https://stripe.com). Your card information will be held by Stripe for future billing. Stripe also offer a Bacs Direct Debit payment option for customers with a UK bank account. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry.
  5. We do not accept payment by bank transfer or cheque.
  6. Listings run for a 12-month term unless otherwise specified on your invoice. That term starts on the date of the invoice and renews automatically unless cancelled as detailed below.
  7. If a trial period has been agreed with your account manager and you agree to purchase a subscription at the end of your trial period, the initial term shall begin at the end of that trial period.
  8. We may also at our sole discretion, and only where agreed with you in advance, offer a pay-per-booking percentage commission option, where you will confirm with us any bookings, and their value, that have been made by any enquirers or online bookings we have sent to you, after which you will be charged a percentage of the booking value, as agreed with your account manager.

4. Cancellation & Renewal

  1. If you are on a subscription billed annually, at least 30 days before the end of your initial term you will be sent a renewal reminder, which will include the current standard pricing of the subscription levels. This is your chance to upgrade your subscription, to continue at the current subscription level, or cancel the term of your agreement with us.
  2. If you are on a subscription billed monthly, quarterly, or every six months, you will not receive a renewal reminder at the end of the initial 12-month term, but after the initial term you will be able to cancel your subscription with us by giving 30 days notice at any time.
  3. If you do not wish to continue your Listing with us you must notify us of your cancellation before the end of your initial term (the “Renewal Date”). If you do not cancel, your Listing will automatically renew at the Renewal Date, when a new charge will be made to your stored payment method at the current standard pricing for your subscription level, and your Listing will be continued for a further “Renewal Term”. Listings are continuously renewed for each Renewal Term until cancelled.
  4. Listing Fees are non-refundable. This applies if you do not complete the setup process or terminate the Agreement early.

5. Your Listing

The full-page Listing for your property will contain the following:

  • The name.
  • The location.
  • Pricing.
  • A description of your property written by one of our content team.
  • The “wow factor” – the synopsis of what makes the property special.
  • Relevant tags for categorisation.
  • Essential features icons (if applicable).
  • The total number of people the property sleeps, the number of rooms and the number of bathrooms.
  • Six images to be displayed on page load.
  • Additional images (up to a max of 24 in total) to be shown when the user opens the photo gallery.
  • A Google Map showing the approximate property location.
  • The property highlights in a list.
  • The property "you should know" list with items we feel should be brought to the User's attention before booking (for example, if it is not suitable for wheelchair users or if there is no electricity).
  • A list of all amenities you have notified us of.
  • A list of nearby attractions or activities you have notified us of.
  • A "request to book" button to open a contact form through which the User will send a booking enquiry, if agreed with your account manager.
  • A "book online" button linking to your property website or booking system, if agreed with your account manager.
  • An availability calendar, as detailed below.
  • We also reserve the right to display links to similar properties and other adverts for an enhanced user experience.

6. Search Result & Property Cards

  1. Your property may appear in various parts of the site as a summary “Property Card”.
  2. Display order depends on factors such as search parameters, subscription level, listing quality, and activity. We do not guarantee placement or order and may adjust algorithms at our discretion.

7. Data Protection and the UK GDPR

  1. Our Privacy Policy explains how we collect, process and protect personal data. Continued use of our service signifies your understanding and agreement.
  2. These Owner Terms incorporate the Coolstays Owner Data Processing Agreement (“DPA”).
  3. The parties acknowledge their roles as follows:
    • Coolstays acts as an independent Data Controller for data collected via the platform.
    • Owners act as separate Data Controllers for their guest data, except where Coolstays acts as a Data Processor as defined in the DPA.
  4. Owners agree to process User data lawfully, securely, and only for booking purposes; not to use it for marketing without consent; and to implement appropriate security measures.
  5. Coolstays maintains a list of authorised third-party processors at https://www.coolstays.com/data-processors.
  6. In case of conflict, the DPA takes precedence regarding data processing matters.

8. Enquiries

  1. Booking enquiries are sent to you via our email systems. You are responsible for checking that you receive them and monitoring your spam folders.
  2. Coolstays may view enquiries for support and compliance purposes. Communications are handled in line with our Privacy Policy.
  3. We use secure third-party servers for delivery and tracking but do not store messages indefinitely.
  4. You should retain copies of communications only as long as necessary.
  5. You agree to remain responsive to enquiries and notify us if unavailable for more than a week so we can pause your listing if needed.

9. Owner Content

  1. You will provide information, photos, and videos (“Owner Content”) via our systems or other approved methods.
  2. You grant Coolstays a non-exclusive, royalty-free, worldwide licence to use, reproduce, and promote your content in connection with the site and services.
  3. You warrant ownership and originality of the content, and indemnify Coolstays against claims arising from it.
  4. We may edit or enhance Owner Content, and reject low-quality or unsuitable images.

  5. You must not provide or upload images or videos that have been wholly or partly generated using artificial intelligence, or which use generative AI or other editing techniques to add, remove, replace or materially alter the property, its facilities, surroundings, views or other features. All images and videos supplied must be a fair and accurate representation of the property and its surroundings.

    This does not prevent normal photographic editing or enhancement, including adjustments to exposure, brightness, contrast, colour, saturation, white balance, cropping, straightening, sharpening, noise reduction and similar adjustments which do not materially alter what is depicted. For the avoidance of doubt, our rights under clause 9.d to edit or enhance Owner Content are unaffected.

    We may reject or remove any image or video that we reasonably believe breaches this requirement or otherwise gives a misleading impression of the property.

10. Availability and Calendar Accuracy

  1. We display property availability when possible to improve user experience.
  2. We may sync with third-party platforms (e.g. SuperControl) where authorised by you.
  3. If you manage calendars directly via the Owner’s Area, you must keep them up to date. Misleading calendars may lead to suspension or removal.

11. Termination

  1. We may terminate a Listing without notice if we receive substantiated complaints, detect misrepresentation, or identify breaches of these Terms.
  2. You may remove your Listing at any time subject to cancellation terms. We will remove Listings upon verified written notice.

12. VAT

  1. Coolstays Ltd is VAT-registered (GB127252921). Fees exclude VAT unless stated.
  2. Advertising with Coolstays is a digital B2B service, subject to UK VAT for UK owners only.

13. Intellectual Property

All software, artwork, graphics, video, text, interfaces, trademarks, logos, images, photographs, and other elements of the Site are property of or licensed to Coolstays and protected by applicable IP laws.

14. Internet Transactions and Risk

Use caution when conducting online transactions. While we encourage direct communication, owners must exercise due diligence when dealing with users.

15. Limitation of Liability

  1. Coolstays is not liable for any direct or indirect damages arising from the use of our site or materials linked to it.
  2. Coolstays is not liable for loss or damage related to the property being advertised; all property-related contracts are between Owners and Users.
  3. This clause does not limit liability for death or injury due to negligence, fraud, or other non-excludable rights under law.

16. Service Interruptions

We aim for uninterrupted service but cannot guarantee it. We may suspend or restrict access for maintenance or updates without liability.

17. Links from our Site

Links to external sites are for convenience only. We are not responsible for their content, availability, or policies.

18. Agency Relationship

We act as your agent solely for promotional purposes. No partnership, joint venture, or other relationship is implied beyond this agreement.

19. Force Majeure (Events Beyond our Control)

We are not liable for failure or delay caused by events beyond our control, including but not limited to natural disasters, strikes, war, or technical failures.

20. No Third-Party Rights

These Terms do not create rights enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.

21. Severance

If any part of this Agreement is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.

22. Variations

We may revise these Owner Terms by publishing an updated version at https://www.coolstays.com/owner-terms. You are encouraged to review this page regularly.

23. Notices

Notices to Coolstays should be sent by email to [email protected] or by recorded delivery to our registered office. Notices to you will be sent to your registered email address.

24. Entire Agreement

These Owner Terms, together with the Website Terms of Use, the Privacy Policy, and the Owner’s DPA, constitute the entire agreement. The DPA prevails for data protection matters; otherwise, these Terms take precedence.

25. Governing Law and Jurisdiction

These Owner Terms are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction, though Coolstays may bring proceedings in other jurisdictions as necessary.