1 PLATFORM USE
1.1 The Beach Board Ltd (Company Number 09707241) (BeachBoard) with a registered office at Parkfield, 6 Copse Avenue, New Milton, United Kingdom, BH25 6ET grants you a non-exclusive, limited and revocable licence to use and access this Platform (www.thebeachboard.com) (Platform) subject to these terms and conditions (Terms).
1.2 In these Terms, “us”, “we” and “our” refer to BeachBoard and references to “you” and “your” is to you, the user of the Platform. There are two types of users to whom these terms apply Owners and Guests (as defined below), certain terms may apply specifically to certain users and not to others.
1.3 By using the Platform you agree to be bound by these Terms. If you do not agree with these Terms you must immediately stop using the Platform.
1.5 You agree that we may change, update or otherwise amend the Platform and these Terms at our absolute discretion.
2 PLATFORM ONLY
2.1 We provide the Platform to registered beach hut (Beach Hut) owners (Owners) and guests (Guests) to: (i) meet online; (ii) arrange to book a Hut (Booking) directly between each other; and (iii) provide associated tools and resources, including payment services to facilitate the Bookings (Services). The Booking contract is directly between the Owner and the Guest. Unless otherwise specified in writing, we are not a party to any contract between the Owner and the Guest.
2.2 We are not an authorised travel agent or tour operator.
2.3 It is the sole responsibility of users (both Guests and Owners) to assess a proposed Booking (including the proposed Guest or Owner, as applicable) and decide whether or not they wish to proceed. We encourage users to communicate directly with one another via the Platform to satisfy themselves that they have obtained and are satisfied with all the information they need before proceeding with a particular Booking.
2.4 Whilst we may assist with the resolution of any complaint or dispute relating to a Booking, you acknowledge that any legal recourse arising from or in connection with the Booking, whether for breach of contract or otherwise, is against the Owner or Guest (as applicable) and not against us.
3 CUSTOMER REGISTRATION & ACCOUNTS
3.1 You may browse the Platform and view details of Beach Huts as an unregistered user. To gain access to certain Services you will need to register for either (i) Owner or (ii) Guest accounts (Account) by providing the information requested on the Platform (including full name, email address, phone number) or permitting access via an approved social network account (such as Facebook, Instagram or Twitter), selecting a username and creating a password, setting your privacy settings.
3.2 For security and compliance purposes, we may request further information from you to confirm you identity and we may share such information with third party service providers for the purposed of checking and crossreferencing the information you provide in order to verify your identity.
3.3 If you are provided with a username and password to access the Platform, it is your responsibility to keep your username and password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your Account. You may grant access to your Account to a third party (such as, your partner or personal assistant). However, you are solely responsible for the use of your Account, irrespective of who is utilising it, whether with or without your permission.
3.4 Registration may require provision of personal and payment details (such as full name, copy of passport and email) and access to a third party account (such as Facebook, Instagram or Twitter). You consent to the use of this information to create your Account and
3.5 You acknowledge that we rely on the information provided by you during the registration process as being true, accurate, current, complete and not misleading and remains so. You must notify us of any change to such information.
4 TERMS OF SERVICE
All Services are supplied via the Platform subject to these Terms:
(a) As a registered Owner, you will be able to create a Beach Hut listing (Listing) following the instructions set out on the Platform (including photos, amenities, location, capacity, size, availability, hut rules, pricing and any additional cleaning fees or security deposits).
(b) The Owner may choose to include certain requirements which must be met by the Guests who are eligible to request and complete a Booking (including, requiring Guests to have a profile picture or verified phone number). You are solely responsible for your own evaluation of a Guest. We do not make any representation, warranty or guarantee about the suitability of any Guest you may accept for a Booking.
(a) The Owner warrants and represents on an ongoing basis as long as the Listing is on the Platform that (i) it owns and/or has the necessary rights and authority to offer for rent and to proceed to take Bookings for that Listing (including any applicable planning, licensing and other requirements as may be required by national, local or other laws, regulations, guidelines, rules and codes of practice); (ii) that all the information you provide to us is accurate and up-to-date, including, but not limited to any and all representations about the Beach Hut, (including its amenities, location, capacity, size, availability, hut rules and pricing); (iii) will not breach any agreements you have entered into with third parties; (iv) each Listing must relate to an individual and uniquely identifiable Beach Hut; (v) will not wrongfully deny a Guest access to the Beach Hut; and (vi) will provide any and all refunds when due in accordance with the applicable cancellation policy (identified below).
(c) 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 Beach Hut as it is booked.
(d) No Listing may be transferred to another party by the Owner.
(e) We do not sell insurance products, but recommend that Owners obtain appropriate insurance for their Beach Hut. Please review any insurance policy that you may have for your Beach Hut carefully, and in particular please make sure you are familiar with and understand any exclusion to, and any deductibles that my apply, for such insurance policy, including whether or not your insurance policy will cover actions or inactions of Guests (and the individuals the Guest invites to the Beach Hut, if applicable) while at your Beach Hut.
(a) Guests can request a Booking by following the processes set out on the Platform. Guests will have the opportunity to communicate with the relevant Owner on the Platform in relation to a specific Listing. It is important that Guests check the information entered and correct any errors before making a Booking request since once you click on such button or link, input errors cannot be corrected.
(b) Once your Booking request has been made, we will then notify the relevant Owner via their Account instructing them to accept or reject the Booking request. Owners are required to either confirm or reject a Booking request within 48 hours of that request being sent, after which the Booking request shall automatically expire. If the Booking request is subsequently accepted by the Owner through our Platform, you will receive confirmation via your Account.
(c) Once the Owner has confirmed the Booking request, the Owner is agreeing to enter into a contract with the Guest for the rental of the Beach Hut. Following such confirmation, the Guest will be required to make a payment following the payment process set out in clause 4.3. By making the payment, the Guest is agreeing to enter into a contract with the Owner for the rental of the Beach Hut and the parties
will have entered into a contract with one another and agree that the details of any Listing shall form part of any such contract.
4.3 Fees, Charges & Payments
(a) The fees and additional charges, including any cleaning fees and security deposit where applicable (Fees), are specified in the Listing and/or the Booking confirmation.
(b) Any Fees collected and received by us from Guests shall be held by us subject to a conditional obligation to transfer or account for such Fees to Owners less our own commission (BeachBoard Commission) and any security deposit, within 5 business days after the end of the relevant Booking. Payments of the Owner’s Fees shall be made to the bank account stated in the Owner’s Account. We accept no responsibility if the details provided by the Owner are incorrect.
(c) All payments of Fees, must be made at the time of the Booking. Payment must use the payment service gateway specified on the Platform (such as Paypal). Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this and this shall be added to any payments.
(d) The security deposit is refundable 5 business days after the end of the Booking, unless the Owner notified us that a deduction should be made for damage or loss resulting from a Booking. We may withhold the security deposit pending investigation or evaluation by a third party of any claims relating thereto.
(e) If any Fees due remains unpaid, any Booking may be cancelled
(f) You as an Owner understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. BeachBoard cannot and does not offer Tax-related advice to any Users.
4.4 Cancellations, alterations & refunds
(a) Unless otherwise stated on the Platform or under the Booking confirmation, all Bookings are final and non-refundable once confirmed.
(b) Any refund may be made up to 30 days after notice of such refund is given.
(c) Depending on the reason for cancellation, you may be able to reclaim any cancellation charges payable (less any applicable excess) under the terms of your travel insurance policy. All claims must be made directly to the insurance company concerned.
5 FORCE MAJEURE
5.1 Except where otherwise expressly stated in these Terms, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations in connection with the Services with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”.
5.2 In these Terms “force majeure” means any event which we or the Owner in question could not, even with all due care, foresee or avoid. Such events may include political disputes, acts of war, threat of war, riots, terrorist activity (actual or threatened), border closures, industrial action (actual or threatened), technical problems with machinery, transport or equipment, government intervention, natural disasters, fire or explosion, inclement weather and acts of God.
6 PLATFORM CONDITIONS OF USE
6.1 It is a condition of use that:
(a) you are over the age of 18;
(b) you have the authority to bind any business on behalf of which you use our Platform or purchase Services;
(c) you have authority to use the payment method used to complete any Booking;
(d) you only use the Platform for lawful purposes;
(e) you are not breaking any local, state, national or international law in your relevant jurisdiction by accessing this Platform;
(f) you will treat the Platform, and other users with respect and will not partake in any conduct that could be considered bullying, harassment, insulting, defamatory, improper, indecent or offensive behaviour;
(g) you must provide us with accurate personal and contact information;
(h) you will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Platform; and
(i) you do not breach any of the Terms.
6.2 By making a Booking, Guests warrant and represent that they are making a Booking for their own leisure purposes and not part of a business transaction with a third party.
6.3 By using the Platform, you agree that you will not directly or indirectly circumvent the Platform and make additional Bookings outside of the Platform for a period of 36 months after any Booking.
6.4 You agree that you will not solicit a user of the Platform to join another competing Platform.
6.5 You indemnify us for any loss or damage we suffer as a result of your breach of these provisions.
7 PLATFORM AVAILABILITY
7.1 You acknowledge that we are not required to keep the Platform available for your use. We make no guarantees, implied or express, as to the ongoing availability of the Platform or Services and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Platform or any Services.
8 REVIEWS & RATINGS
8.1 A review and rating system may be available on the Platform to comment about Owners and Guests. You accept that your conduct as a Owner or Guest could be discussed on the Platform in the interest of determining your suitability as such for other Owners and Guests.
8.2 We reserve the right to remove any review or ratings at our sole discretion.
9 INTELLECTUAL PROPERTY
9.1 All photos, reviews and Beach Hut descriptions on the Platform remain the intellectual property of the user (User IP). Each user grants us a non–exclusive, perpetual, non–transferable, royalty free and worldwide licence to use the User IP, for the purposes of promoting and marketing our Platform and BeachBoard’s business.
9.2 Other than the User IP, you should assume that all text, graphics, interfaces, photographs, trademarks, logos, sounds, artwork and computer code (collectively, Content) and the Platform (including the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content on the Platform) is owned or licensed by or to us, and is protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws.
9.3 Without our express written permission of, you shall not copy the Platform for your own commercial purposes, including:
(a) replicate or use the details and profiles of any Beach Huts or users listed;
(b) incorporate all or part of the Platform in any other webpage, website, platform, application or other digital or non-digital format;
(c) use any “deep-link”, “robot”, “spider”, “page-scrape” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, nor in any way reproduce or circumvent the navigational structure or presentation of same, nor obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform; and
(d) incorporate all or part of the Platform in any other webpage, website, platform, application or other digital or non-digital format.
9.4 We have moral and registered rights in our trademarks and you shall not copy, alter, use or otherwise deal in the marks without our prior written consent.
10 THIRD PARTY PLATFORMS & ADVERTISING
10.1 The Platform may contain information and advertising from third party businesses, people and websites (Third Parties). You consent to receiving this information as part of your use of the Platform.
10.2 We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
11 LIMITATION OF LIABILITY & INDEMNITY
11.1 Whilst we use reasonable endeavours to maintain the information available on our Platform, we cannot guarantee that all information will remain accurate, complete and up to date.
11.2 You acknowledge that we are not responsible for the conduct or activities of any user on the Platform or during a Booking and that we are not liable for such under any circumstances. We are not liable for the acts, errors, omissions, misrepresentations, warranties, breaches or negligence of any users or for any resulting personal injuries, death, property damage, or other damages or expenses.
11.3 In no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Platform or any content, or in any way relating to the Services (or the provision or non-provision of Service), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not BeachBoard knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
11.4 You acknowledge that, in using the Platform and in relation to the supply of Services, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
11.5 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Platform, including any breach by you of these Terms.
11.6 In all circumstances, you agree that any liability of BeachBoard shall not exceed £100.
13.1 We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Platform or Services.
13.2 Your use of the Platform may be cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Platform should you receive a notice cancelling your licence to use the Platform.
14.1 You can contact our customer service team by email (firstname.lastname@example.org).
14.2 You can direct notices, enquiries, complaints and so forth to BeachBoard using any other details published on the Platform. We will notify you of a change of details from time-to-time by publishing new details on the Platform.
14.3 We will send you notices and other correspondence to the email address that you submit to the Platform, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.
14.4 A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.
15.1 BeachBoard may assign or otherwise create any interest in their rights under these Terms by giving you written notice.
15.2 BeachBoard may in its absolute discretion amend these Terms at any time, which shall become effective by giving you notice.
15.3 Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.
15.4 These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed and validly entered into electronically.
15.5 The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.
15.6 These Terms and any non-contractual obligations arising therefrom are governed by the laws of England and Wales and you submit to the non-exclusive jurisdiction of the courts in England.