BOKORA

1.1 You must only use the Website in accordance with these terms and any applicable laws, and you must ensure that, where applicable, your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

2.1 You must not:

3.1 While we make every effort to ensure that the information on the Website is as up to date and accurate as possible, you acknowledge and agree that, subject to clause 9.5, we do not guarantee that: the Website will be free from errors or defects; the Website will be accessible at all times; messages sent through the Website will be delivered promptly or delivered at all; information you receive or supply through the Website will be secure or confidential; or any information provided through the Website is accurate or true. Property listings, descriptions, photographs, pricing and availability are provided by hosts and hotels, and we do not verify or guarantee their accuracy.

3.2 We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including listings, prices and other Website Content.

4.1 We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserve all rights in any Intellectual Property Rights (meaning all current and future rights, whether registered or unregistered, in copyright, designs, trade marks, trade names, domain names, patents, inventions, know-how, trade secrets, confidential information and any other rights of a similar nature anywhere in the world) owned or licensed by us not expressly granted to you.

4.2 You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without our prior written consent or as permitted by law.

5.1 You acknowledge and agree that third party terms and conditions (Third Party Terms) may apply to goods and services provided by third parties, including payment services provided by Stripe. You agree to any Third Party Terms applicable to any third party goods and services you use, and, subject to clause 9.5, we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

6.1 The Website may contain links to other websites that are not our responsibility, including websites of hosts and hotels. We have no control over the content of any linked websites and are not responsible for that content, and inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

7.1 Subject to clause 9.5, we do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

8.1 If you become aware of misuse of the Website by any person, any errors in the material on the Website, or any difficulty in accessing or using the Website, please contact us immediately at hello@bokora.co.uk.

9.1 To the maximum extent permitted by applicable law, and subject to clause 9.5, our total liability to any person for loss or damage of any kind, however arising, whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Website or these terms, is limited to the greater of: the total fees (if any) paid to us by you in connection with the Website in the 12 months preceding the first event giving rise to the relevant liability; and £100 (one hundred pounds sterling). The Website is provided free of charge and is informational only.

9.2 Subject to clause 9.5, all express or implied representations and warranties are excluded to the maximum extent permitted by applicable law. The Website is informational only, and nothing on it is advice on which you should rely; bookings made through the platform are governed by our Platform Terms and Conditions.

9.3 (Indemnity) To the extent permitted by law, you indemnify us and our agents in respect of all liability (including reasonable legal fees) for loss, damage or injury which is or may be suffered by any person arising from your or your representatives' breach of any of these terms or misuse of the Website, except to the extent caused by our breach of these terms or our negligence.

9.4 (Consequential loss) To the maximum extent permitted by law, and subject to clause 9.5, under no circumstances will we be liable for any incidental, special or consequential loss or damage, or damage for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Website or these terms.

9.5 Nothing in these terms will exclude or limit a party's liability for fraud or intentional unlawful conduct, or for death or personal injury resulting from negligence, or for any liability that cannot lawfully be excluded, including a consumer's non-excludable rights under the Consumer Rights Act 2015.

9.6 You use the Website at your own risk and are solely responsible for any decisions or actions you take based on the information provided. No contractual relationship arises from your visit to the Website beyond these terms; any booking of accommodation is governed by our Platform Terms and Conditions and the relevant listing.

9.7 To the extent that the provisions of any applicable law impose restrictions on the extent to which liability can be excluded under these terms, including the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause 9 will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect.

10.1 A party claiming that a dispute has arisen under or in connection with these terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with this clause 10. Nothing in this clause prevents a consumer from exercising any statutory right or remedy.

10.2 A party that requires resolution of a dispute must give the other party written notice containing reasonable details of the dispute. Once the dispute notice has been given, each party must use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within 14 days (or such other period as agreed in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve it.

11.1 These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms.

12.1 If we become unable, wholly or in part, to carry out an obligation under these terms (other than an obligation to pay money) due to an event beyond our reasonable control, the relevant obligation will be suspended to the extent that it is affected by the event.

13.1 (Governing law and jurisdiction) These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation are governed by and construed in accordance with the law of England and Wales, and each party agrees that the courts of England and Wales shall have jurisdiction. The Website is international in audience and may be accessed from any jurisdiction; these terms apply wherever you are located, but this clause does not deprive a consumer of the protection of any mandatory consumer protection rule of their country of residence, or of the right to bring or defend proceedings in the courts of that country where the law allows.

13.2 (Waiver) No party may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

13.3 (Severance) Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms are not limited or otherwise affected.

13.4 (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

13.5 (Costs) Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

13.6 (Entire agreement) These terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to their subject matter.

14.1 A notice or other communication to a party under these terms must be in writing and in English, and delivered via email: to us, at hello@bokora.co.uk; and to you, at the email address most regularly used by the parties to correspond regarding the subject matter of these terms (Email Address). The parties may update their Email Address by notice to the other party.

14.2 Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given 24 hours after the email was sent (or, if that falls on a Saturday, Sunday or public holiday in England and Wales, on the next business day), or when replied to by the other party, whichever is earlier.

15.1 In these terms, unless the context requires otherwise: words in the singular include the plural (and vice versa); a reference to £ or "pound" is to pound sterling (GBP); words indicating a gender include every other gender; if a word or phrase is given a defined meaning, any other grammatical form of that word or phrase has a corresponding meaning; a reference to "person" or "you" includes any entity; a reference to a party includes that party's successors and permitted assigns; a reference to a clause or Part is a reference to a clause or Part of these terms; a reference to a document is to that document as varied or replaced from time to time; headings and bold type are for convenience only and do not affect interpretation; the word "includes" and similar words are not words of limitation; and no provision of these terms will be interpreted adversely to a party because that party was responsible for preparing it.