Terms and Conditions

Terms and Conditions

Terms and Conditions

1. Introduction

(1) The www.onlycottages.com website, and any mobile application for the website (the “Site”) is owned and operated by Only Cottages (“Only Cottages” , “we” , “us” or “our”). You can see how we share data in the Site’s Privacy Policy.

(2) These terms and conditions (the “Owner Ts&Cs”) together with the Privacy Policy, govern the relationship between Only Cottages and any party which accesses or uses the Site to offer or advertise any property for rent, including property owners, lessees and property managers, (collectively, “Owners” or “you”).

(3)The Owner Ts&Cs constitute a legally binding agreement between Only Cottages and the Owner. By using or accessing the Site or Only Cottages’s platforms or systems in the capacity of an Owner, you acknowledge that you agree to and are subject to the Owner Ts&Cs as well as our Privacy PolicyIf you do not fully agree to the Owner Ts&Cs, you are not authorised to access or otherwise use the Site.

(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) Only Cottages does not authorise anyone to register with this site unless they are able to enter into legally binding contracts.

(6) Only Cottages 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 Cottage Listings removed from the Site, at Only Cottage’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 cottages (each a “Cottage”) for rent in a variety of pricing formats to potential tenants (each, a “Traveller” and, collectively with an Owner the ‘users’). 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 Only Cottages 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 Only Cottages is not a party to any rental or other agreement between Travellers and Owners.

3. Cottage Listings

(1) Owners can agree with the Only Cottages 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 Only Cottages the fees for the relevant Listing (“Listing Fees”). The Listing Fees may vary if the Owner signs up to the “Tiered Pricing” service where, depending on the ranking level Owner has signed up to a Listing shall be placed on a more prominent position than another. By submitting an order form the Owner warrants that all of the information they have provided to Only Cottages is accurate and complies with the Listing Terms set out in clause 4 below.

(3) Listings sold by Only Cottages 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 July 1st, the Listing would expire on June 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 notifying Only Cottages 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 Only Cottages can be made by direct debit, bank transfer, credit card payment or any other method authorised in advance by Only Cottages. The pre-notification period for any SEPA direct debit payment is shortened to 1 day. All banking and other fees relating to a payment shall be borne by the Owner.

(6) 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 Only Cottages, but are only available if applied for by the Owner by contacting Only Cottages 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 Only Cottages may require in relation to the completion of the Listing.

(7) 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, Only Cottages may in its discretion permit the Listing Term to continue until fifteen (15) months after the Purchase Date for that Listing.

(8) 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.

(9) Only Cottages reserves the right to decline to place any Listing that appears, in Only Cottage’s discretion, to be capable of infringing, or be associated with the infringement of, any provision of these Owner Ts & Cs.

(10) While Owners and property managers can influence a Listing’s position, the search results are dynamic. As a result, Owners may notice ongoing fluctuations in their listing position.

4. Listing Terms

(1) The Owner warrants that all of the information provided to Only Cottages 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 kept 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, Only Cottages 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 Ts&Cs.

5. Listing Details and Services

(1) In a standard Listing, one (1) Cottage rental is displayed.

(2) In a standard Listing, up to ten (10) 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) Property search snippets are searched and displayed based on Only Cottage’s sort algorithm. Travellers can also search Listings according to various criteria, such as:

  • The Location
  • The number of nights
  • The number of bedrooms
  • The pricing
  • Property Type – All or dog friendly

(4) Only Cottages also uses Google Analytics to gather statistics on site usage. There are more details in the Privacy Policy and Cookie Notice and in Google’s own privacy policy. Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube. Owner accepts that Only Cottages has no control over Google’s data collection.

(5) The Owner may activate a free SMS service, which informs Owner about any incoming Traveller enquiries about Listings. The Owner understands and accepts that SMS is not 100% reliable and may be subject to connectivity and blocking issues outside Only Cottage’s control. Additionally, the use of SMS messages, particularly when travelling, may result in additional costs for Owners from telecoms and network providers which the Owner agrees to accept when signing up for the SMS service. The Owner understands and accepts that SMS messages may be monitored and disclosed in accordance with the site’s Privacy Policy.

(6) If the Owner has its own website upon which properties or property units available for rental appear (an “Owner Website”), the Owner may place links from each Listing to the Owner Website, on condition that at all times Properties available through Listings on the site represent at least 50% of the total number of properties/property units available for rental on or through, including by means of advertising placed on or sites directly or indirectly linked to, the Owner Website. If Only Cottages finds that the requirements of this sub-Clause have been breached, Only Cottages will be entitled to remove any link or reference to an Owner Website from each Listing immediately, and notify the Owner by email that this has been done.

6. The Dashboard
(1) Upon registration, an Owner is given a user profile in which the data he contributes is recorded and in which all the cottage rentals offered by that Owner are specified (the “Dashboard”).

(2) The Dashboard provide various functions which are intended to assist Owners to manage their Properties through the site; these functions, and the Dashboard itself, are made available on an “as is” basis, and Only Cottages does not undertake that the Dashboard or its functions will be complete or error-free.

7. Enquiries and messages

(1) Enquiries sent using the Only Cottages system are available for review by the Traveller who originally sent it and to a limited number of Only Cottages customer service employees, who may be asked by Travellers or others for their past enquiry information. Only Cottages also monitors messages from time to time which are sent using Only Cottages platform or systems. Only Cottages may, from time to time, use third party e-mail servers to send and track receipt of emails, and analyse the pattern of emails sent using third party tracking systems. Only Cottage’s system does not hold messages indefinitely and they may not be accessible after the message has been delivered.
Owners should print a copy of any message which is important – for example a payment receipt or a booking confirmation.
(2) Only Cottages has no responsibility for, or involvement in, the communications between the Owner and Traveller.

8. Property Managers

(1) Only Cottages may grant special terms to Owners who have Listings offering more than 10 Properties (known as “Property Managers”). These terms can be applied for by contacting Only Cottages.

9. Additional Paid Services

Only Cottages makes available, and may from time to time add to or remove, additional paid-for-services that Owners decide to take (“Additional Paid Services”). The Additional Paid Services currently include:

(1) If an Owner subscribes to the “Featured Listing” service, the Property photo linked to the full Property details page of the Listing will additionally be shown on the main homepage and featured listings section on homepage and additional pages.

(2) More information about Additional Paid Services can be found on Site. Each Additional Paid Service may be subject to additional terms and conditions which will be available to the Owner at the time when the Owner agrees to take the relevant Additional Paid Service.

10. Users’ Personal Information; No Spam.

(1) We do not tolerate spam or unsolicited commercial electronic communications of any kind. You agree that, with respect to other users’ personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for:
a.  Site-related communications that are not unsolicited commercial messages,
b.  using services offered through the Site, and
c.  enquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site (such as responding to a booking enquiry or charging a personal credit card).

(2) Any other purpose, including (i) disclosure to a third party, or (i) adding a user to your mailing list will require the express permission from the user.

(3) You agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information.

11. Prohibitions

(1) The Owner shall not directly or indirectly:

  • 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;
  • 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 Only Cottages) 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 Only Cottage’s txt file;
  • Use the site or Only Cottage’s platform or systems for purposes other than those referred to in these Owner Ts&Cs;
  • 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;
  • 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;
  • Upload or send to the site any content or programs, which on account of their size or nature, might damage Only Cottage’s computers or networks;
  • Include content on the site or Only Cottage’s platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;
  • Use or access the site or Only Cottage’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus“ includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user’s hard disk);
  • Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing“ (whether primary, secondary or other) or that would give rise to criminal or civil liability;
  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
  • Refer to Only Cottages or any Only Cottages Affiliate in any way that might lead someone to believe that the Owner, any Property, Listing or website is sponsored by, affiliated with, or endorsed by Only Cottages or any Only Cottages Affiliate; or
  • Substitute a Property in a Listing for another Property without the prior consent of Only Cottages. Prohibited substitution activities include:
    • multi-unit listing: use of one Listing to promote more than one property available in a building;
    • Substitution: changing the Property which is displayed in a Listing as that Property becomes booked; and
    • Leeching: offering a Traveller who enquires through the Site a different Property than the one which is displayed in the relevant Listing.

(2) In the event of any breach of this clause by an Owner, Only Cottages 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 Ts&Cs.

12. Termination

If Only Cottages determines, or an allegation is made, that:

  • 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;
  • an Owner has submitted unsuitable material to, or misused, the site;
  • 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);
  • 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 Only Cottages, any Only Cottages Affiliate or Traveller;
  • an Owner has been is abusive or offensive to any employee or representative of Only Cottages;
  • an Owner uses a false identity;
  • Only Cottage’s systems or communications platforms have been otherwise misused; or
  • anything similar to the foregoing has occurred in relation to any of Only Cottages Affiliates,

then Only Cottages 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 Only Cottages assumes no duty to investigate complaints.

13. Rights and obligations of Only Cottages

(1) Only Cottages 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) Only Cottages 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 Only Cottages. However, Owners acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.

(3) Only Cottages 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. Only Cottages 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) Only Cottages may conduct identity checks and ask for proof to establish the existence of a Property and/or an Owner and ownership. If Only Cottage’s including as a result of information provided by Travellers – suspects that the Owner has supplied false information, the Owner acknowledges that Only Cottages 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 Only Cottages) to supply to Only Cottages such proof of identity or of a Property’s existence as Only Cottages requests. Each Owner acknowledges that failure to comply with any such request constitutes a breach of these Owner Ts&Cs.

(5) Only Cottages complies with its Privacy Policy. The Owner authorises Only Cottages to forward the Owner’s contact details, including telephone number, to Travellers in connection with a Property booking. The Privacy Policy provides further details. Only Cottages may where necessary (including to prevent fraudulent behaviour of a third party) give an Owner`s phone number to a Traveller. The Owner accepts that it has read the site’s Privacy Policy and Cookie Notice and consents to the processing of data as outlined in those policies.

14. Copyright

(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 Only Cottages. The relevant file or the relevant printout must clearly bear the text “© Copyright 2015“ Present Only Cottages 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 Only Cottages 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. Only Cottages 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 Only Cottages of the situation by email to Only Cottages Help. Should any Owners notice that their account is being used by an unauthorised third party, they should immediately report the matter to Only Cottages by email to Only Cottages 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) Only Cottages 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.

16. User rights to content

(1) Where an Owner submits to or transmits through the site or Only Cottage’s platform or systems any content of any type, including text or images, the Owner undertakes that it has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or owners of featured items (’property release’).

(2) To the extent that Owners’ Listings and other submissions may contain trademarks, Owners warrant that they have the right to use them, including sublicensing rights.

(3) By submitting any form of content to the site, the Owner authorises Only Cottages and each of its Only Cottages Affiliates to reproduce in whole or in part, display and disseminate the content in Only Cottages with the performance of these Owner Ts&Cs and in the promotion of the Site.

17. Indemnification

Owner agrees to defend, indemnify and hold harmless Only Cottages and each Only Cottages Affiliate, and their respective officers, directors, employees and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) brought by third parties brought against Only Cottages or any Only Cottages Affiliate alleging or arising out of or in connection from (a) any content or material the Owner submits or provides for inclusion on the Site; (b) any use by the Owner of the Site; and (c) any breach of these Owner Ts&Cs on the part of the Owner.

18. Contacting us

(1) Any messages should be sent to Only Cottages using the contact form or Only Cottage’s platform or by post.

(2) Notices regarding infringements of copyright must specify the following:

  • Your address, telephone number and email;
  • Detailed information about the content concerned (display of the image or text), including a link to the site; and
  • A formal declaration showing that you;
  • Are the holder of the exclusive user right to the work;
  • Have not authorised the use of the relevant material in this form.

19. Only Cottage’s limited liability
In no event will Only Cottages 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 Only Cottages 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 Only Cottage’s platform or systems, or you do not agree with any part of these Owner Ts & Cs, then your sole and exclusive remedy against Only Cottages is to discontinue using the site. In all events, our liability, and the liability of Only Cottages, 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 Only Cottages liability for death or personal injury resulting from its negligence; nor for Only Cottage’s fraud or fraudulent misrepresentation.

20. General
(1) These Owner Ts&Cs are governed by the laws of England and Wales. Jurisdiction for any claims arising under this agreement shall lie exclusively with the English courts. If any provision of the Owner Ts&Cs are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Owner Ts&Cs, which shall remain in full force and effect. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Owner Ts&Cs. No waiver of any term of the Owner Ts&Cs shall be deemed a further or continuing waiver of such term or any other term. In addition, Only Cottage’s failure to enforce any term of the Owner Ts&Cs shall not be deemed as a waiver of such term or otherwise affect Only Cottage’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional terms for certain areas of the Site including the Privacy Policy, the Owner Ts&Cs constitute the entire agreement between Owner and Only Cottages with respect to the use of the Site. No changes to these Terms shall be made except by a revised posting on this page.

(2) Only Cottages recommends that the Owner saves his/her own copy of these Owner Ts&Cs in a separate file on its PC or in print-out form.