Sawday's Member Terms & Conditions

Introduction

Sawday’s is committed to promoting not only special and exciting places to stay, but doing so in an environmentally and socially responsible way. We're delighted that you, our Members, want to be a part of what we are trying to do and we hope that this will be a fun and rewarding relationship for all involved.

This document describes the Terms and Conditions for Members receiving Services from Sawday’s. In particular, it describes the responsibility of Members to update the information for their place using the Members’ Area on Sawday’s website. The information you provide will be used for all Sawday’s platforms including publication in books. It is therefore essential that Members read and follow these requirements.

Our approach is always to be open, available, honest and fair. We work in partnership with Members, and try to be as flexible and supportive as possible. We will aim to work in this way at all times, with Members as well as our guests and suppliers. We want to keep things as simple as possible for all parties, but understand the need for some things to be set out clearly for everyone’s benefit.

And so, with apologies for having to be more formal than we like, here is the small print.

Definitions

Sawday’s: Alastair Sawday Publishing (also referred to as ‘we’ and ‘us’) provides Services to Members
Member: owners of special places to stay (also referred to as ‘you’) receiving Membership Services
Members’ Area: the area of Sawday’s website within which Members manage content for their Place
Membership: the relationship between Sawday’s and its Members receiving Services for each Place
Place: the special places to stay that Members own and for which Sawday’s provides Services
Platforms: the ways Sawday’s promotes Places and communicates with guests including but not limited to websites, books, apps, ebooks, newsletters and magazines
Services: the Membership Services that Sawday’s provides to Members to promote a Place to guests

Copyright

Photos and Other Materials

All photos supplied by Members to illustrate places or the surrounding area are deemed to be copyright-free. Any copyrighted pictures must be identified by Members as such on submission, with proper accreditation.

We require owners who send in copyrighted photos to undertake to indemnify Sawday's in the case of claims of breach of copyright regarding those images. Otherwise they cannot be published in print form or on the Sawday’s website or in related material generated by Sawday’s.

We presume Members' photos can be used anywhere in Sawday’s printed publications, websites, digital publications or in related material generated by Sawday’s. We may also supply these images to third parties.

Sawday’s is free to use any images, descriptions, logos or other material supplied by Members to us on Sawday’s website or elsewhere for marketing and PR purposes.

Place Descriptions
Sawday’s owns the copyright on the description of Members' Places (the ‘write up’ or ‘review’) and Members must not use any part of it without clearly attributing it to Sawday’s. The descriptions of your Place are subjective and cannot be changed unless there are clear factual inaccuracies. If factual inaccuracies are discovered, please contact our Membership team on +44 (0)117 204 7810 to discuss how these should be amended.

The subjective description or ‘write up’ of the Member’s Place reflects the personal feelings of our inspector who visited the Place. It is designed to be a reliable and honest description of the character and features of your Place and is therefore distinct from marketing materials. Sawday’s is not liable for any loss of business due to the description of the Place.

Website
Sawday’s owns the page on the Sawday’s website for your Place (its structure, layout, design and content) and as such has the right to add links to additional Places, Services, advertising or third parties. Where we feel this to be in the best interests of our guests or Members, we will endeavour to let our Members know of any changes before they occur. However, this may not always be possible.

Compensation is not available for any perceived loss of business as a result of any changes to the structure, design, layout or functionality of the website.

Members' Responsibilities

Access to the Members’ Area is the medium through which Members are fully responsible for updating the information displayed on Sawday’s Platforms (including the Sawday’s website and books).

It is the responsibility of Members to make sure all the content in the Members’ Area (written, map or photographic) for their Place is accurate.

User ID
Sawday’s will provide Members with a user identity and password, which allows them to access the Members’ Area. Members must keep the user ID and password confidential and not disclose it to any person other than those who need to have access to the Members’ Area. Members should immediately notify Sawday’s of any (suspected) security breach or improper use.

Changes
Members have responsibility for any changes to their content attributed to the use of their account. If anyone other than a member of Sawday’s team uses the Member’s login details to gain access to the Member’s area and subsequently makes changes to the Member’s account or content, those changes are the responsibility of the Member. All changes will be recorded within the Change Log.

If Members’ desired changes cannot be made on the Members’ Area, it is the responsibility of the Member to contact Sawday’s and request the changes to be made by us. When associated with a publication, this must be done with Sawday’s published deadlines.

Accuracy
Although Sawday’s will use all reasonable skill and care in performing Services to Members, we will not verify that information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors). Each Member remains responsible for the accuracy, completeness and correctness of the information displayed on Sawday’s website, including checking the accuracy of map positions. Should there be inaccuracies in elements that cannot be amended via the Members’ Area, please contact Sawday’s Membership on +44 (0)117 204 7810.

Sawday’s will not be responsible for any complaints relating to inaccuracies in data provided by Members via the Members' Area.

Book publication
Sawday’s will endeavour to provide 30 days warning prior to a print publication deadline at which point it is the Members’ responsibility to check the accuracy of the information for their Place. At the publicised deadline, it is assumed that the Member has checked the information and this will therefore form the basis of content for publications. Changes to the web pages can be implemented at any time.

Photographs
Information provided by Members for inclusion on the Platforms (website, books etc.) shall include a minimum of 8 photos (and a maximum of 20 photos).

Sawday’s is not responsible for the quality of photos shown on the Member’s page. In the interests of using only the best photos to promote Members' Places, Sawday’s will decide which photos to use out of those submitted by Members, and will edit them where necessary to enhance the quality. All photos and other information supplied need to comply with formats and standards provided by Sawday’s.

Points of Interest
Any points of interest added by the Member shall not contain any telephone or fax numbers or email (including Skype) address or social media website/app/platforms (including Twitter and Facebook). Sawday’s reserve the right to edit or exclude any information if it is deemed incorrect or incomplete or in violation of the terms and conditions of this Agreement.

Liability
The Member is responsible for complying with all necessary planning, licensing, fire and other regulations relating to receiving paying guests in their Place and grounds. Sawday’s is not responsible for any liabilities, costs, expenses (including, without limitation, reasonable legal fees and expenses), damages, losses, obligations, claims of any kind, interest, penalties and legal proceedings paid, in connection with:

i) claims made by guests concerning inaccurate, erroneous or misleading information;
ii) claims made by guests concerning a stay, overbooking or (partly) cancelled or wrong reservations;
iii) all other claims from guests which are wholly or partly attributable to Members (including claims related to (lack of) services or products provided by Members to their guests) or which arise due to tort, fraud, wilful misconduct, or negligence.

Maintenance and Changes to Places
Members are responsible for the maintenance and servicing of their Place to ensure that the experience provided is as special as possible for every Guest, whatever the season or the duration of their stay.

It is the responsibility of the Member to inform Sawday’s about any changes to the Place, facilities and surroundings which may affect the accuracy of the material on the Sawday’s website or adversely affect the experience of Guests. If deemed necessary by Sawday’s, additional inspections may be necessary.

Sawday’s reserves the right to suspend or to withdraw the advertising of the Member’s Place on Sawday’s website and other Platforms if the changes are deemed to be adverse to the Guests’ enjoyment.

Editing and Translating Member Information
Information provided by Members may be edited or modified by Sawday’s and translated into other languages.
The edited and translated content shall be for the exclusive use of Sawday’s on the Platforms and must not be used by Members for any other distribution or sales channel or purposes.

Complaints and compensation

Guest Complaints

Complaints or claims made by guests in respect of any special places are to be dealt with by Members, without mediation by or interference of Sawday’s. As part of the on-going relationship with Members, Sawday’s will try to resolve any disputes and so may act as intermediary between Members and guests, should this be requested. However, Sawday’s are not able to act in a legal capacity and any advice must be taken as our opinion only.

Sawday’s encourages guests to give feedback on all the special places that they visit. However, Sawday’s recognise that some people are difficult customers and so we try to investigate all negative feedback to judge whether it is justified or not. Should it be found that Sawday’s receive one or more legitimate and serious complaint from one or more guest Sawday’s is entitled to immediately suspend or withdraw its Services to Members.

Member Compensation
Sawday’s will make all reasonable endeavours to ensure mistakes with Members’ areas do not occur. Occasionally, however, human or system errors may be made. If a mistake is deemed to have been caused by Sawday’s and is proven to have had considerable impact on the Member, compensation may be made.

Compensation made to a Member will not exceed the value of the remaining Membership subscription period for which a Member has paid. Refunds are calculated by using the outstanding number of days left within the subscription period.

Third Parties

In no event shall Sawday’s be liable for any acts or omissions on the part of any Third Party Platforms. The remedy for Members in respect of such Third Party Platforms is (i) to request Sawday’s (which has the right and not the obligation) to disable and disconnect from the Third Party Platform, or (ii) the termination of the Member’s Agreement with Sawday’s, all in accordance with the terms of this Agreement.

Terms of Agreement

This Agreement is the sole and binding agreement between Sawday’s and the Member. If any provision of this Agreement is or becomes invalid or non-binding, the Parties shall remain bound by all other provisions of the Agreement.

Activation
The Member’s Place will only become active once Sawday’s has received full payment, unless other arrangements have been authorised by Sawday’s in writing.

Term
Unless agreed otherwise, this Agreement shall commence on the date of payment for Services and be effective for 1 year, unless terminated by either Party.

Termination
Both Parties may terminate this Agreement with immediate effect. However, no refunds will be due unless it can be demonstrated that Sawday’s is in breach of other clauses within this agreement. Sawday’s does, however, reserve the right to remove any Member’s Places that do not continue to meet our criteria or the terms of this Agreement.

Successors and Assign
Due to the highly personal nature of your business, this Agreement is made with you, the current business owner or their employed representative. If you sell or pass on your business to another person or organisation, this Agreement will terminate. We invite the new owners to apply for Membership with Sawday’s.

Law and Jurisdiction
Save as set out otherwise in this Agreement, this Agreement shall be exclusively governed by and construed in accordance with the laws of the United Kingdom.

Translated Agreement
The original English version of this Agreement may have been translated into other languages. The translated version of the English Agreement is an informal translation and a courtesy only. Members cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of the terms and conditions of this Agreement or in the event of a conflict, ambiguity, inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail, apply and be binding and conclusive.

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