Private – Standard Terms and Conditions – Advertising of a Static Caravan or Holiday Home by a Consumer
By purchasing an advertising package on the www.parklink.uk website, you are deemed to have accepted these terms and conditions. These terms and conditions and the contract of which they form part shall be governed by English law.
All references to “you” and “your” refer to the individual applying to list an advertisement for a caravan or lodge holiday home on the www.parklink.uk website.
All references to the “website” refers to the www.parklink.uk internet site.
All references to “we” or “us” refers to the company Parklink.
The contract is personal to you. We may, but you may not, assign the contract to a third party.
We may subcontract our obligations under this contract, but will remain liable to you to perform those obligations.
Except in respect of a payment obligation, neither of us will be liable for any failure to perform any obligation to the other due to causes beyond our respective reasonable control. Such causes include, without limitation, war, riot, civil commotion, fire, flood, earthquake, epidemic, inability or delay in obtaining supplies of materials, strike, lock-out or other industrial action or trade dispute (whether or not involving our work force or the work force of a third party), or breach of an obligation owed to us by a subcontractor.
The headings to the sections of this contract shall not affect the construction of this contract.
In this contract where the context so admits and requires the same the use of the plural shall include the singular and the use of the singular shall include the plural.
In this contract references to the masculine, feminine or neuter genders shall include each and every gender.
Once you have applied to list an advertisement and paid for it, we will contact you within 24 hours using the email provided to obtain the information we need to list your advert. This will will include a description and images. Once we have received this information we will use our reasonable endeavours to publish the advertisement on our website within 72 hours.
We may need to contact you for supplementary information before we are able to publish the advertisement. If that is the case, we will do so by email to the email address which you provided. Any delays in responding to this request may further delay the publishing of your advertisement.
It is your responsibility to keep us appraised at all times of any change in your contact details. You can do so by contacting us at firstname.lastname@example.org
You can submit edits to the advertisement (including without limitation the text and photographs) at any time by contacting us at email@example.com
Processing your advertisement
Once we receive payment, we will email you to request your description, features and images of your caravan or lodge.
Once you send the completed form back to us, we will endeavour to have your advertisement created on the website within 72 hours.
You may feature only one caravan or lodge in each advertisement.
When you make a payment to us and send us your description and images, you are making a contractual offer to us. The receiving of the payment (and the formation of any contract) is subject to the condition precedent of our accepting your advertisement for listing.
After we have received your payment, (i.e. after we have received your request for a listing) we will send you an acknowledgement of receipt by e-mail. We will then contact you by email to arrange listing of your advertisement. We endeavour to do so within 24 hours of your payment. Where we accept your advertisement, we will send you a confirmation email followed by an email. If we reject your advertisement and you have made the payment to us, you will receive a full refund.
No contract will exist between you and us until your request to list an advertisement has been accepted by us.
Material in the Advertisement
As a condition of your contract with us, you agree to observe and fulfil the following three Requirements (the “Requirements”):
The material for the advertisement (including without limitation the text and photographs) you supply must be accurate, legal, decent, honest and truthful and must comply with the British code of Advertising, a copy of which can be found here
You must own the copyright in that material or have a sufficient licence from the copyright owner which allows us to use the material in an unrestricted manner on our website in your advertisement.
You agree to waive (or to arrange for the waiver of) any moral rights that you or any third party may have in the advertisement (including without limitation in the text and photographs).
We reserve the right to amend the advertisement to ensure compliance with the Requirements, but shall be not be obliged to do so. We may not accept your request to list the advertisement on our website where we believe that you have not complied with the Requirements, but any acceptance by us shall not be taken as a confirmation or verification that you have complied with the Requirements: you will at all times remain solely responsible for ensuring that the Requirements have been complied with.
We reserve the right to amend the text or photographs supplied to us to ensure they meet our technical specifications, but shall not be obliged to do so. Any failure by us to amend the text or photographs shall in no way reduce your obligation to ensure that the advertisement (including without limitation any text and photographs) is accurate, legal, decent, honest and truthful and complies with the British Code of Advertising. Accordingly, you are solely responsible for and will indemnify us in respect of any losses, expenses or other costs incurred by us or a third party arising from a breach of this obligation or any of the Requirements.
Duration of Listing
We will list your advertisement on the www.parklink.uk website until you request the removal of the advertisement or until we remove the advertisement in one of the circumstances outlined below.
We may email you (to the email address which you have registered with us) from time to time to check you still wish to advertise your caravan or lodge. We will withdraw your advertisement if you respond by requesting us to do so.
We may also withdraw your advertisement if you fail to respond to such an email within seven days of the date of the email.
It is your responsibility to ensure that you keep the registered email address up to date. You are responsible for any emails sent to us from your registered email address at all times.
After you have made this request we will remove your advertisement normally on or before the seventh day after you make the request.
We reserve the right to remove the advertisement immediately if you breach this Agreement. In such an instant we will notify you accordingly and cancel any future payments which you are scheduled to make. Where we remove your advertisement pursuant to this paragraph and within the first six months of it being listed on the website (but not otherwise) we shall refund you with 50% of the initial amount you paid. In no other circumstances, save as provided in this paragraph, will you be entitled to a refund of monies after we have published your advertisement.
Private advertisements (for non-commercial gain) are charged at £49 for a basic advertisement, £99 Premium, £250 Ultimate and £499 Ultimate + packages. You are required to pay us this sum in full when you apply to list the advertisement.
If you cancel an advertisement for any reason and want to re-list another advertisement on our website, you must pay a further charge.
Payments & Security
We accept payments by credit/debit card via our website payment page, over the phone or bank transfer on request. All payments must be sent direct as per payment instructions.
You can send us questions about payments by email to firstname.lastname@example.org or by telephone on 07917868629.
We will confirm by email when we have received payment. For all enquiries relating to payment confirmation contact us by email at email@example.com or telephone our customer service centre on 01626 833733.
For assistance at any time please email our customer service team at firstname.lastname@example.org or by telephone via our customer service centre on 01626 833733.
We and our sub-contractors carry out routine and non-routine maintenance and service of servers and equipment.
We use our reasonable endeavours to keep disruption and “down-time” to a minimum. Nevertheless, we do not guarantee that the advertisement, or our website, will be available at all times.
Our liability for breach of contract or negligence shall not exceed an amount equal to the price of the advertisement involved, provided that nothing in this contract shall limit our liability for death or personal injury caused by our negligence or that of our agents.
Law and Jurisdiction
You agree that English law shall govern the formation and construction of this contract and any other matter or dispute relating in any way to the subject matter of this contract. You agree to the non-exclusive jurisdiction of the English courts in respect of all aspects of this contract.
To protect your privacy, we do not publish any of your personal details on your advertisement. All enquiries come directly to us here at Parklink and we pass on interested third parties to you.
We only publish information included in your actual advertisement fields including;
Third parties who express an interest in your advertisement are requested to complete a form on the website, which we will subsequently forward to you by email to your specified address.
Our general website Terms & Conditions also form part of this contract. They can be viewed here.
You acknowledge that in entering into this contract you have not relied upon any representations other than those referred to in this contract. The provisions of the previous sentence shall not apply to any fraudulent misrepresentation.
Unless we grant a waiver in writing, any failure by us at any time to enforce a provision of this contract shall not be deemed a waiver of any part of this contract.
A third party who is not a party to this contract shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce any area of this contract.
We may make updates and modifications to these Terms and Conditions of Use from time to time. Please ensure you check these Terms and Conditions of Use each time you access or use the website, to see whether we have made such an update or modification.
*Limitation of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Parklink accepts no liability for any of the following:
any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
loss or corruption of any data, database or software;
any special, indirect or consequential loss or damage.