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LastDitchPitch.com Website Terms and Conditions of Use
Use of this website (henceforth referred to as "the Site") is subject to the terms and conditions of use, laid out below. The term 'LastDitchPitch.com' or 'LDP' or 'us' or 'we' refers to the owner of the Site. The term 'you' refers to the user or viewer of the Site. By using and/or visiting the Site, you agree to these terms and conditions of use.
1. INFORMATION PLACED ON THE SITE
Any information placed on the Site relating to parks advertised on the Site including, but without limit, details of the park, the availability of pitches at the park, the price of the pitches, the facilities available at the park, any accreditations afforded to the park and/or any details relating to any other services advertised on the Site have been placed on the Site by park owners or affiliates of LDP. Such information does not constitute any advice or recommendation given by LDP.
2. CONTRACTUAL RELATIONSHIP
- LDP is a booking agent for the parks and other service providers advertised on the Site. Your contract for the pitch and/or other services advertised on the Site that you wish to book or purchase will be with the applicable park or service provider and not with LDP. In many cases, this will mean that there are additional terms and conditions governing the contract, as each supplier will have their own terms. Please be sure to read any additional terms and conditions before completing your contract.
- All queries, questions and issues with the pitches and/or services you book via LDP should be directed to the park or other service provider with which you enter into a contract.
3. BOOKING PROCEDURE
- Any bookings offered on our website belong solely to the suppliers - e.g. the holiday parks listed. LDP merely acts as a booking agent.
- To make a booking you will be asked to submit personal information (as defined in clause 12.ii "Personal Information") about yourself, such as your name, email address, telephone number and credit card details. Whenever you provide such Personal Information, LDP will collate and use such Personal Information in accordance with LDP "Privacy Policy", details of which are set out at the end of these terms of use. Please read this in full before providing any Personal Information to LDP.
- LDP will confirm your booking and issue you with an email confirmation.
- LDP will not deduct any money from your credit card. The park or other service provider with which you enter into a contract will take payment.
- If you cancel your booking, there may be a cancellation charge. In any event, if you cancel within the park's cancellation period, you will be charged a Cancellation Fee. Further details of our cancellation policy are set out in our email to you confirming your booking.
- In the event that you call LDP by telephone, or are called by LDP regarding your booking, calls may be recorded for monitoring and training purposes. In the event of a dispute regarding a booking, LDP reserves the right to review any call information.
4. HYPERLINKS AND DOWNLOADS
- LDP may provide hyperlinks or pointers to other websites maintained by third parties which LDP think may be of interest to visitors of the Site.
- Information placed by LDP owners and other service providers on the Site and information on any sites linked to the Site is not under the control of LDP. If you decide to access any such information you do so at your own risk.
- As best practise, it is always wise for you to run an anti-virus programme on all content and materials downloaded from the Internet in general.
5. CHANGES TO THE SITE
LDP reserves the right to make changes and corrections to the information placed on the Site at any time, without notice to the visitors to the Site.
6. LDP'S LIABILITY TOWARDS YOU
By accepting these terms of use you acknowledge and agree that LDP is a booking agent for the parks and other services advertised on the Site. You further acknowledge and agree that your contract will be with the park or other service provider from which you book a pitch or purchase services and that LDP shall not in any way be responsible to you for the provision of a pitch or any other service following your reservation.
You expressly agree that:
- Your use of the Site is at your sole risk. The Site and the content available on it (whether relating to parks, or other information posted by LDP or third parties) is provided free of charge and on an "as is" and "as available" basis. LDP expressly disclaims all warranties of any kind, whether express or implied, including, but without limitation, any implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement. As stated in clause 2 of these terms of use, we act on an agency model and your contract will be with the supplier of the pitch or other service, and accordingly we shall have no liability to you in respect of any the services supplied or your use of the website and/or its content, and such liability shall be excluded to the fullest extent permitted by law, subject to clause 6.4 of the terms of use.
- LDP makes no warranty that:
- the content placed on the Site will meet your requirements;
- access to the Site will be uninterrupted, timely, secure, or error-free;
- information on the Site will be accurate or reliable;
- the server that makes the Site available is free from viruses
- Any material downloaded or otherwise obtained through your use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- LDP shall not be liable to you for any special, indirect or consequential loss or damage including, but without limitation, loss of profit, loss of anticipated profit, loss of business, economic loss, overhead recovery, anticipated savings, loss of data, depletion of goodwill or otherwise or any costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arises out of or in connection with your use of the Site or any contracts you make with parks or other service providers advertising on the Site.
- Nothing in these terms of use shall operate to exclude or limit the liability of LDP for fraudulent misrepresentation or death or personal injury caused by our negligence.
7. OWNERSHIP OF SITE CONTENT
- The ownership of and sole rights to obtain the ownership of the content placed on the Site shall at all times be vested in LDP.
- You may not modify, reproduce or distribute the content placed on the Site or use any trademarks associated with LDP without the prior written consent of LDP.
- You may download one copy of the content of the Site for your own personal use but you may not in so doing remove any trademark, copyright or other proprietary notice.
8. TERMINATION OF YOUR USE OF THE SITE
LDP may terminate your access to and use of the Site at any time and for any reason without notice to you.
9. SEVERANCE
If any provision of these terms of use is found to be invalid, illegal or unenforceable for any reason by any competent authority or a court of law, the remaining terms shall continue in full force and effect.
10. ENTIRE AGREEMENT
- These terms of use represent the entire agreement between you and LDP relating to your use of the Site and any bookings or purchases you make as a result of using the Site and supersede all prior agreements, arrangements and understandings relating thereto.
- You agree that you will have no remedy in respect of any untrue representation innocently or negligently made by or on behalf of LDP prior to accepting these terms of use whether such representation was made orally or in writing.
11. GOVERNING LAW
These terms of use shall be governed by and construed in accordance in all respects with the laws of England and Wales and in the event of any dispute regarding your use of the Site you shall submit to the exclusive jurisdiction of the English Courts.
12. PRIVACY POLICY
- This statement describes the policy and practices of LDP with regard to the processing of Personal Information on the Site. LDP's principal activities involve advertising the availability of holiday park pitches, details of which are placed on the Site by park owners.
- "Personal Information" means information that relates to a living individual who can be identified from that information or from that information together with other information which is held by or is likely to be held by LDP.
- It is the policy of LDP to take all necessary steps to ensure that Personal Information held by LDP is processed fairly and lawfully. LDP will take all necessary steps to implement this policy. All employees of LDP and data processors who have access to Personal Information are obliged to respect the confidentiality of your Personal Information.
- It is the policy of LDP to ensure that all relevant statutory requirements are complied with, including the eight Data Protection Principles contained in the Data Protection Act 1998 ("the Act"), and to monitor the internal procedures of LDP periodically to ensure compliance.
- You can access the Site home page and browse the Site without disclosing Personal Information.
- In order to provide some of the services offered by the Site, LDP need to hold certain Personal Information including your name, telephone number, email address and credit card details. Except to the extent that LDP is required or permitted by law, any Personal Information which LDP collect will be used for the purpose of taking and verifying bookings in relation to the services offered on the Site and LDP will not hold it for any longer than is necessary for this purpose.
- LDP may collect Personal Information that you volunteer while using the Site. This information may be used by LDP to notify you about important changes to the Site, new services and other information LDP think you may find interesting. Where LDP collect such information, LDP make clear the nature of the information and the purposes for which it is used and LDP will offer you the choice to opt-out of providing such information
- LDP do not knowingly collect Personal Information from children.
- When you view the Site, LDP may store some information on your computer. This will be in the form of a "cookie" file, which will enable LDP to tailor the Site to match your interests and preferences. The "cookie" file is used to store the IP address of your machine and will not contain any data personal to you. Your internet browser may allow you to erase the "cookie" file, block all "cookies" or receive a warning before a "cookie" is stored. Please refer to your browser instructions. The "cookie" file will be deleted 30 days after the date on which you last access the Site
- Personal Information may be transferred to countries outside the European Economic Area in order to facilitate the booking of pitches and/or purchase of other services which may not have data protection laws as comprehensive as those that exist in the EEA. In using the Site you consent to such a transfer.
- LDP may disclose Personal Information about Site visitors to other organisations that are park partners or affiliates or to organisations contracted by LDP to manage aspects of the Site. In particular, LDP will send Personal Information to LDP' park partners to enable them to process your booking.
- LDP will monitor on an ongoing basis compliance with the provisions of the Act by third party processors of Personal Information held by LDP.
- LDP may from time to time use your Personal Information to send you information by email about LDP, www.LDP.com and other information that you may find useful. If you do not wish to receive this information please contact LDP by email at admin@LDP.com taking care to state the exact email address from which you have previously booked.
- The Site contains links to other internet sites that are not owned by LDP. LDP is not responsible for the content of such sites or for the privacy policies of such sites or for Personal Information that such sites may collect or place on your computer.
- You can find out what Personal Information LDP holds about you by writing to LDP at The Coach House, 11 Owler Ings Road, Brighouse, West Yorkshire, HD6 1EJ. Your request must be accompanied by a cheque for £10.00. LDP will acknowledge your request within ten working days. Should LDP be prevented from disclosing your Personal Information LDP will give reasons for any such refusal.
- If any of the Personal Information that LDP hold about you is incorrect or needs updating, or if you want LDP to delete any Personal Information, please contact LDP at The Coach House, 11 Owler Ings Road, Brighouse, West Yorkshire, HD6 1EJ. LDP may request that you provide further information and identification to enable LDP to comply with this request.
- LDP regard the databases of Site visitors' information (which may include your Personal Information) as a valuable asset. Should LDP sell or transfer any of LDP' business assets this may include the sale or transfer of such databases of information to third parties. Such a transfer or sale may mean that your Personal Information is transferred to countries outside the European Economic Area. In using the Site and accepting these terms of use you consent to such use of your Personal Information.
- In addition to this we use Google Analytics, a web analytics service provided by Google, Inc ("Google"). Google Analytics uses cookies, to help analyse how visitors use our site. The information generated by the cookie about the use of our website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for LDP Ltd and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your Web browser, however please note that if you do this you may not be able to make full use of our website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
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