Advertising Terms and Conditions
In these Conditions :
“Publisher” means YourGuide Limited
“Advertiser” means the person booking the advertising space including Advertising Agents and Independent Media Buyers.
“Contract” means a legally binding booking accepted by the Publisher in accordance with Clause 1 for publication of an Advertisement.’
”Advertisement” includes printed advertising, online advertising, email advertising, loose “insert” or other “insert” where appropriate.
“Copy Deadline” is the last day for receiving copy / artwork. for a publication.
- All Advertisement bookings by the Advertiser via the telephone, post, email or in person are subject to these Conditions and no variation or addition thereto shall be effective unless specifically agreed to in writing by the Publisher. Any other terms or conditions sought to be imposed by the Advertiser are expressly excluded.
- It is the Advertiser’s responsibility to check the correctness of the Advertisement. The Advertiser warrants that any Advertisement submitted by it for publication shall comply with all applicable laws, legislation, regulations, codes of practice and is not an infringement of any other party’s rights. The Advertiser will indemnify the Publisher fully for all costs, expenses, damages or liability whatsoever (including legal costs and awards ordered against the Publisher) in respect of any claim made against the Publisher arising from the Advertisement or its publication or as a result of any breach or non-performance of any of the representations, warranties or other terms contained herein or implied by law.
- The Publisher reserves the right at any time in its absolute discretion to cancel any Contract or to omit or suspend an Advertisement (for example if it is libellous, unlawful, defamatory, pornographic, socially unacceptable, insensitive or otherwise contrary to editorial policy). Should cancellation, omission or suspension be due to the act or default of the Advertiser or his servants or agents including the unsuitability of the Advertisement as indicated above, then the Advertiser shall pay for the space reserved for the Advertisement in full not withstanding that the Advertisement has not appeared. Such cancellation, omission or suspension shall be notified to the Advertiser as soon as reasonably possible.
- The Publisher will exercise reasonable care and skill in the handling and publishing of the Advertisement but where the Advertisement is not published in the manner specified in the Contract, whether through any failure or negligent act or omission on the part of the Publisher or any third party, the Publisher’s maximum liability to the Advertiser shall be limited (at the discretion of the Publisher) to either: (a) publishing the Advertisement (or a replacement Advertisement if provided by the Advertiser) as soon as is reasonably practicable in the period following the period during which the Advertisement was scheduled to run; or (b) refund to the Advertiser the amount of any payment made for the Advertisement concerned. The Publisher shall not be liable for any indirect, special or consequential loss or damage arising from any failure to publish an Advertisement as agreed with the Advertiser, including, but without limitation, any late or incorrect publication, any non-publication or inaccurate reproduction of the Advertisement, whether caused by the Publisher’s error or negligence or by any reason whatsoever. The Publisher shall not be liable whatsoever in respect of any error or omission in respect of publishing the Advertisement which is not notified to the Publisher in writing within 14 days of the actual publication date of the Advertisement.
- Reasonable care will be taken to avoid mistakes but the Publisher cannot accept liability for any errors due to the acts, omissions or defaults of third parties or sub-contractors or inaccurate copy instructions or materials or other acts or defaults beyond its control. The Publisher shall not be liable for any errors in the advertisement unless any proof is returned with amendments and in sufficient time (as the Publisher shall in its absolute discretion determine) for corrections to be made before the publication goes to press.
- Proofs of advertisements will only be sent on written request by the Advertiser personally and if sufficient time is available to complete such actions so as not to delay publication. Any amendments to the proof provided must be advised to the Publisher within 24 hours or the Publisher shall be entitled to assume the proof has been approved.
- No cancellation of any advertisement can be made within 25 days of the copy deadline. Before this period, a cancellation can be made within 14 days of the date of the confirmation by email, quotation or other written record of the confirmation of the advertisement, provided that such cancellation is made in writing or electronically. Any abortive costs already incurred by the Publisher in connection with the advertisement will be payable by the Advertiser. Any cancellation after 14 days of the confirmation, quotation or other written record of the advertisement, but more than 25 days before the copy deadline, may be accepted by the Publisher in its absolute discretion upon the Advertiser paying not less than seventy five percent (75%) of the full cost of the advertisment.
- Cancellation of series bookings will result in the advertiser relinquishing any right to that series discount (if any) to which it was previously entitled and Advertisements will be paid for at the appropriate rate. A new invoice will be issued for any surcharges relating to Advertisements that have already been invoiced at the discounted rate. The payment date for any previous invoices remains unaffected.
- If the Copy and instructions are not received by the copy deadline, the Publisher reserves the right to insert either a previously submitted advertisement (if held) or to create an advertisement using such information as is available to the Publisher at the time. In all such cases the full cost of the advertisement will be due for settlement by the Advertiser and the Publisher shall be under no liability whatever to the Advertiser for any direct loss/or expense or indirect loss and/or expense suffered by the Advertiser or liability to third parties incurred by the Advertiser directly or indirectly arising from such an advertisement. If the advertisement is received after this copy date and the Publisher elects to place the advertisement no guarantee can be given that proofs will be supplied or corrections made.
- Terms of Payment
- Payment for advertising coverage is required on receipt of invoice. Advertising coverage is invoiced as each printed edition is published.
- All payment bank transfer charges are to be paid by the advertiser.
- Please note that payments outstanding for over 90 days will start to accrue interest at a rate of 10% / annum. This policy ensures that companies paying promptly do not experience unnecessary rate increases.
- When advertising is placed by an advertising agency on behalf of a client both the agency and the client are equally liable for the payment of the advertising.
- If we are forced to stop an advertising series due to non payment please note that this will be deemed as cancellation by the customer and the customer will be re-invoiced for any frequency discounts provided within the package but not earned.
- Telephone conversations are recorded. for training and also to ensure that if necessary we can verify that we will deliver to our clients all that has been promised verbally.
- These Conditions and all other terms of the Contract shall be construed in accordance with the Laws of England and the parties submit to the jurisdiction of the English courts.