Advertisers Terms & Conditions

When you submit your property to The Accommodation Guide, you must agree to these Terms and Conditions:

Top Search Limited – Accommodation Listing Terms

By enrolling in a Top Search Limited advertising program (the “Program”), you (the “Advertiser”) agree to the following terms and conditions, and to our sole discretion in interpretation and enforcement of these guidelines.

Advertiser assumes all liability for its participation in the Program, and shall indemnify, defend, and hold Top Search Limited harmless from any claim, injury, or liability arising from Advertiser’s use of the Program, including claims, injuries, or liabilities that result from any combination of Advertiser’s participation of the Program with any service provided by Top Search Limited that would not have otherwise arisen but for such combination.

Free Listings

There has been some confusion about the Free Listing offer – it is not a trick, but a genuine offer to allow you to advertise your accommodation free of charge for life on The Accommodation Guide. Sure, the free listing may not have as many of the bells and whistles are the Premium Photo Listing – but that is why it is charged for.

To be clear – we will never try and charge you, if you only want to use our free listing service.

Please feel very free to contact Jonathan Ratcliffe with any questions about The Accommodation Guide.

The Program

Top Search Limited. has offered to display Advertiser’s advertisement and a link to Advertiser’s designated URL (collectively “Advertiser Content”) on one or more designated web pages (“Property”) operated under Top Search Limited’s accommodation advertising service, for a specified period of time (“Term”) and are provided in the “Program Description” posted here.

Advertiser is solely responsible for all:

(a) Advertising copy, ad content, ad information, ad URL and selection of Property on which advertising is displayed; and

(b) web sites, services and landing pages that the Advertiser Content directs visitors.

Prohibited Subject Matter

Top Search Limited reserves the right to cancel Advertiser’s participation in the Program upon Top Search Limited’s sole determination that Advertiser has engaged in the advertising or promotion of Prohibited Subject Matter.

Advertiser represents and warrants that it is authorised to advertise its goods and services in the manner in which Advertiser utilises the Program. The advertiser is solely responsible for obtaining any required permit, license or authority to engage in the advertising and sale of its goods and services. Top Search Limited may nonetheless cancel Advertiser’s participation in the Program notwithstanding such permit, license, or authority.

Advertiser agrees not to use the program for Prohibited Subject Matter whether in the Advertising Copy or at the Destination URL. Prohibited Subject Matter shall mean any goods or services which (a) are unlawful, (b) Advertiser does not possess lawful authority to advertise or sell, and/or © are not relevant to the selected Property which Advertiser has selected for display.

Prohibited Subject matter shall further include without limitation:

• Pharmaceuticals, drugs, or medical devices – Including any substance or device intended for the treatment, diagnosis or cure of a physical illness, or enhancement of any bodily function, including steroid compounds or dietary supplements for which specific health claims are made or any regulated, controlled or banned substance; any substance or device intended to evade or alter results of any medical or drug diagnostic test; recreational drugs, drug paraphernalia or materials and accessories for manufacture thereof.

• Hate speech – Any advertisement condemning an identifiable group of persons on the basis of race or ethnic origin, color, national origin, religion, disability, age, sex, sexual orientation or gender identity, or promoting membership in organizations which promote hate speech or insurrection against any governmental entity or international treaty organisation

• Alcohol or Tobacco products

• Adult or pornographic content

• Copyright infringement – Including any software or service having a primary advertised utility of violating copyrights of others, such as unlicensed audio or multimedia content, “warez” and copy protection evasion

• Weapons or Explosives – Including firearms, firearm components, ammunition, non-cutlery knives, brass knuckles, striking weapons, fireworks or explosives of any kind

• Prostitution

• Regulated or prohibited financial services – including the promotion or sale of unregistered securities, “ponzi” or pyramid schemes, phishing, or financial fraud of any kind

• Trademark Infringement, Counterfeit or “replica” products – including misleading comparative advertising whether consisting of Advertiser’s content or in combination with other Property content, including the domain name of such Property

Cancellation; Non Refundability

The advertiser may cancel its advertising by written notice to Top Search Limited, including without limitation electronic mail. The cancellation of any advertising may be subject to Top Search Limited’s receipt and processing of such cancellation notice, and/or technical delays caused by content caching.

Top Search Limited may cancel Advertiser’s participation in the Program at any time for any reason upon 24 hours’ notice to Advertiser, or immediately without notice upon a determination that the Advertiser has engaged in advertisement of Prohibited Subject Matter, engaged in a Prohibited Use or is otherwise in violation of these terms and conditions.

In the event of Advertiser cancellation, any and all payment(s) made by advertiser to Top Search Limited shall be non-refundable. In the event of cancellation by Top Search Limited for reasons other than non-payment, Top Search Limited may, in its sole discretion, refund payment(s) made for any future specified period of time than the month in which such cancellation is made. Alternatively, Top Search Limited may withhold any such refund as security against potential costs and damages resulting from Advertiser mis-use of the program.

Prohibited Uses; Representations and Warranties.

Advertiser shall not, and shall not authorise any party to: (a) generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions; (b) use any automated means or form of scraping or data extraction to access, query or otherwise collect advertising related information from any other website or property except as expressly permitted by Top Search Limited. Advertiser represents and warrants that it holds and hereby grants Top Search Limited all requisite rights and authority to participate in the Program and in the transmission, display and reproduction of Advertiser Content incident to the Program.

Disclaimer and Limitation of Liability.

To the fullest extent permitted by law, Top Search Limited DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. To the fullest extent permitted by law, Top Search Limited disclaims all guarantees regarding quality, quantity or timing of delivery of any impressions, traffic, clicks, conversions or other results for any Advertiser Content.

Advertiser understands that third parties may generate impressions or clicks on Advertiser Content for prohibited or improper purposes, and Advertiser accepts the risk of any such impressions and clicks. Advertiser’s exclusive remedy, and Top Search Limited’s exclusive liability, for suspected invalid impressions or clicks is for Advertiser or Top Search Limited to cancel participation in the Program.

TOP SEARCH LIMITED SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO ADVERTISER’S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TOP SEARCH LIMITED’S AGGREGATE LIABILITY TO THE ADVERTISER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO TOP SEARCH LIMITED BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation to acts of God, government, terrorism, natural disaster, labor conditions and power failures.

Agency

Advertiser represents and warrants that it is authorized to act on behalf of and has bound to this Agreement any third party for which Advertiser advertises.

Miscellaneous.

This Agreement is made in the United Kingdom and shall be construed as if both parties jointly wrote it. All claims arising out of or relating to this agreement shall be litigated exclusively in the United Kingdom, and Advertiser consents and admits to personal jurisdiction in the courts thereof.

This Agreement constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. No statements or promises have been relied upon in entering into this Agreement except as expressly set forth herein, and any conflicting or additional terms contained in any other documents (e.g. reference to a purchase order number) or oral discussions are void.

Any notices to Top Search Limited must be sent to:

Mr J Ratcliffe
Top Search Limited
8 Crescent Terrace
Ilkley, West Yorkshire
LS29 8DL

Notice to Advertiser may be effected by sending an email to the email address specified in Advertiser’s account.

A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and remaining provisions of the Agreement will remain in full effect. Advertiser may not assign any of its rights hereunder and any such attempt is void. Top Search Limited and Advertiser are not legal partners or agents, but are independent contractors.

Use of Data / Privacy

In order to enroll in the program, the Advertiser must provide identifying information, advertising media (advertising text, graphics, etc.), and payment information. Advertiser is responsible for providing accurate and current information, and Advertiser retains sole title and ownership in advertising media, subject to a license to Top Search Limited to copy, display, and reproduce the advertising media consistent with the purpose of the Program. Such license shall be revoked upon cancellation of Advertiser’s participation in the Program.

Advertiser’s payment information is collected for payment purposes only, and shall not be retained by Top Search Limited for any purpose other than processing Advertiser payment(s) and/or payment of refunds.

Advertiser’s identifying information shall be maintained in confidence by Top Search Limited, and shall not be shared, transferred or otherwise disclosed to any third party in the ordinary course of Advertiser’s participation in the Program or thereafter. Disclosure of Advertiser’s identifying information may be made to enforce the terms of this Policy in the event of a legal dispute or claim arising from Advertiser’s participation in the program, or in response to a legitimate investigation by law enforcement authorities arising from Advertiser’s participation in the Program.

Email Addresses

When a prospective client submits an email enquiry we will email you with it’s contents, this includes their email address and address details. In accordance with the Data Protection Act 1998 you must make sure this information is safe. You must not keep this information for longer than necessary to fulfil their enquiry and you must make sure you do not use these details to send marketing messages in the future. (If you keep information like this you should be registered with Information Commissioner’s Office). If you have any questions, let us know.

Non Payment

In many cases invoices are issued after an advertising term has started. For Non payment of invoices, we understand and will exercise our statutory right to late payment fees and interest under the Late Payment Of Commercial Debts (Interest) Act 1998 if we are not paid according to our payment terms.

If you have any questions please contact us.