Terms and Conditions
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE COMPANY SERVICE, WEBSITE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE COMPANY SERVICE, WEBSITE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE COMPANY SERVICE AND THE CHANNEL MANAGEMENT SERVICES, WEBSITE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, INCLUDING BUT NOT LIMITED TO THE INFORMATION, DESCRIPTIONS AND/OR PICTURES OF THE ACCOMMODATIONS AND CHANNEL MANAGEMENT SERVICES (D) THE QUALITY OF ANY PRODUCTS, ACCOMMODATIONS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, RENTED OR OTHERWISE OBTAINED BY YOU THROUGH THE COMPANY SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE COMPANY SERVICE, WEBSITE OR APPLICATION WILL BE CORRECTED, (F) THE COMPANY SERVICE OR THE SERVER(S) THAT MAKE THE COMPANY SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (G) CHANNEL MANAGEMENT SERVICES WILL BE AVAILABLE AT ADVERTISED DATES, TIMES, LOCATIONS, AND/OR PRICES, INCLUDING PURSUANT TO A CONFIRMED AND/OR PURCHASED RESERVATION, (H) CHANNEL MANAGEMENT SERVICES WILL BE PROVIDED AND (I) THE PROVIDERS OF VACATION RENTAL SERVICES (INCLUDING THE OWNERS OF THE ACCOMMODATIONS LISTED ON THE WEBSITE) CARRY SUFFICIENT AND PROPER INSURANCE AND COMPLY TO ALL LOCAL LAWS AND REGULATIONS WITH REGARD TO SUCH VACATION RENTAL SERVICES AND/OR RENTING ACCOMMODATIONS BY USERS (INCLUDING, BUT NOT LIMITED TO, SAFETY AND MAINTENANCE REGULATIONS AND PROVISIONS, AS WELL AS OBTAINING AND KEEPING ALL REQUIRED LICENSES AND/OR PERMITS RELATED TO VACATION RENTAL SERVICES BY USERS) IN ANY JURISDICTION.
THE COMPANY'S SERVICES, WEBSITE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PROPERTIES, PRODUCTS OR GOODS PURCHASED, RENTED OR OTHERWISE OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE COMPANY'S SERVICES OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE COMPANY SERVICE, WEBSITE AND APPLICATION, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU.
TERMS OF SERVICE
SECTION C OF THESE TERMS INCLUDES PROVISIONS WHICH WILL, SUBJECT TO THE NEXT SENTENCE, BE AUTOMATICALLY INCORPORATED INTO, AND FORM PART OF, THE CONTRACT BETWEEN THE OWNER OF A PROPERTY AND A RENTER FOR THE RENT OF A PROPERTY. WHERE A PROVISION IN SECTION C CONTRADICTS, OR IS INCONSISTENT WITH, ANY TERM IN A WRITTEN CHARTER AGREEMENT SIGNED BY THE OWNER OF A PROPERTY AND THE RENTER OF THE ACCOMMODATION, THAT PROVISION OF SECTION C SHALL NOT APPLY BETWEEN THE OWNER OF A PROPERTY AND THE RENTER.
SECTION D OF THESE TERMS INCLUDES PROVISIONS WHICH LIMIT AND EXCLUDE BOOKERATOR'S LIABILITY TO YOU. IF YOU ARE A RENTER OR A POTENTIAL RENTER, SECTION D ALSO INCLUDES PROVISIONS WHICH LIMIT AND EXCLUDE THE LIABILITY OF THE OWNER OF A PROPERTY TO YOU AND WHICH OBLIGE YOU TO INDEMNIFY US (THAT IS COMPENSATE AND HOLD HARMLESS) IN CERTAIN CIRCUMSTANCES.
1.1 In these Terms of Service (“Terms”) the following words and expressions shall have the following meanings unless the context otherwise requires:
"Actual Rental Period" The period during which the Renter actually has use of the Property, whether greater or lesser than the Agreed Rental Period;
"Advertisement" Any advertisement, regardless its content or form, advertising a Property for rent on a Website;
"Agreed Rental Period" The period of time during which the Renter will have use of the Property as agreed between the Owner of a Property and the Renter;
"Concierge Services" Any concierge or additional services which may be provided or arranged by us from time to time, including cleaning, checking out and in of properties and supply of provisions for Renters;
"Application" The Bookerator online platform and all its related services;
"Bookerator Account" An account with us created by you or on your behalf by a person acting with your knowledge and consent;
"Bookerator Content" All content that Bookerator makes available through the Website, Application, or Services, including any Content licensed from a third party, but excluding member Content;
"Property" Residential and other;
"Collective Content" Member Content and Bookerator Content;
"Content" Text, graphics, images, music, software (excluding the Application), audio, video, information and any other content or materials of the Website;
"Rent" The rent of a Property by a Renter from an Owner pursuant to these Terms;
"Rental Fees" Charges payable by a Renter to an Owner for the rent of a property, in the amount displayed in an Advertisement for that property or as otherwise agreed between the owner of the Property and the Renter of the Property;
"Renter" Any person who agrees with an Owner to rents a Property using the Services;
"Service Charges" Commissions payable to a Channel by an Owner or by a Renter for a successful booking.;
"Member Content" All Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services;
"Member" A person who completes our account registration process, including an Owner, Potential Renter, and Renter;
"Owner" Any person who owns a Property, or represents the owner, which he or she wishes to rent out using the Services;
"Potential Renter" Any person who wishes to rent a Property using the Services;
"Security Deposit" As defined in paragraph 17.1;
"Service Fees" As defined in paragraph 18.1;
"Services" The provision of an online platform enabling Owners to advertise Properties for rent, Owners and Potential Renters to make arrangements (including payment arrangements) in relation to the rent of those Properties, and for related purposes including arranging Concierge Services;
"Social Network Site" As defined in paragraph 4.4;
"Tax" Taxes and duties of any description in any jurisdiction, in the Netherlands including but not limited to income tax, capital gains tax, inheritance tax, corporation tax, value added tax, excise duties, and import duties;
"Third Party Account" An account with a Social Network Site;
"TPA Content" As defined in paragraph 4.7;
"we", "us", "our" Bookerator B.V., a private company with limited liability, incorporated under the laws of The Netherlands, registered with chamber of commerce under number 63951428, with its registered seat at Amsterdam, The Netherlands.
"Website" www.bookerator.com or any other website through which we make the Services available from time to time;
"You" Any person accessing or using the Services, whether as an Owner, Potential Renter, Renter or otherwise.
1.2. Section and paragraph headings shall not affect the interpretation of these Terms, they are merely there.
1.3. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns.
1.4. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5. Words in the singular shall include the plural and vice versa.
1.6. A reference to one gender shall include a reference to the other genders.
1.7. The Terms and any dispute or claim arising out of or in connection with it shall be governed by the laws of The Netherlands and the competent court of Amsterdam has exclusive jurisdiction to settle any such dispute or claim.
1.8. A reference to a statute, statutory provision or subordinated legislation is a reference to it as it is in force from time to time, taking account of any amendment or re-enactment and includes any statute, statutory provision or any other type of legislation which it amends or re-enacts.
1.9. Any reference to a Dutch legal term for any action, remedy, method of judicial proceeding, legal document, legal status or legal concept will be interpreted in accordance with the laws of The Netherlands. If such is not possible under any specific jurisdiction, then the Dutch legal term is deemed to include what most nearly approximates in that jurisdiction to the Dutch legal term.
1.10. A reference to writing or written includes e-mail.
1.11. Any obligation under these Terms on a person not to do something includes an obligation not to agree or allow such thing to be done.
1.12. A reference to a document is a reference to that document as varied or replaced (in each case, other than in breach of these Terms) at any time.
1.13. Any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2. Applicability of these Terms 2.1. Certain areas of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area and/or part of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.
2.2. You acknowledge and agree that, by accessing or using the Services or by downloading or posting any content from or on the Services you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered with us. If you do not agree to these Terms, then you have no right to access or use the Services.
2.3. If you accept or agree to these Terms on behalf of a company or any other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
2.4. If one or more of the provisions of these Terms are invalid or set aside, the remaining provisions of the Terms shall remain applicable in full. Bookerator will use its best effort to replace the invalid provisions with new provisions, which are as closely related to the former provisions with regard to their purpose and tenor.
3 About the Services & About Us 3.1. The Services enable Owners to advertise Properties they wish to rent out and Potential Renters to make arrangements with Owners to Rent those Properties. The Services also enable Owners and Renters to make arrangements in relation to Concierge Services. We do not own or rent out any Properties ourselves nor do we provide Concierge Services ourselves.
3.2. You agree that you will only make a claim in relation to the acts or omissions of a Member or third party (including a provider of Concierge Services), including in relation to any breach of contract, against that Member or third party and not against us. You will communicate directly with other Members via the Services regarding any Advertisements or bookings of Properties made by you. This paragraph does not affect the right of an Owner to make a claim against us in relation to any payment due busy to that Owner following receipt by us on behalf of that Owner of a payment from a Renter.
3.3. In order to create an Advertisement, you must first register and create a Bookerator Account (see paragraph 4 below).
3.4. We have no control over the Content of any Advertisement nor do we check or warrant whether a Property is as described in an Advertisement nor whether a Property described in an Advertisement is in any particular condition.
3.5. We are not a party to any arrangements or agreements entered into between Owners and Potential Renters, Owners and Renters, or Owner or Renters and providers of Concierge Services nor are we in any way liable for any claim and/or damages under any such arrangements or agreements.
3.6. We do not endorse, certify, recommend, warrant, or guarantee any Members, Properties, or providers of Concierge Services. We obtain evidence of identity and address for all Members but we do not guarantee the identity or address or existence or sufficiency of qualifications of any Member nor the accuracy of any other information supplied by any Member or provider of Concierge Services. You are solely responsible for determining the identity and suitability of others who you contact via the Services. Except as expressly provided in these Terms, we will not be responsible and/or liable for any damage or harm resulting from or arising in connection with your use of the Services or any contact or dealings you may have with other Members or providers of Concierge Services.
3.7. We have no authority to act for, or enter into contracts or other binding obligations on behalf of Owners, Potential Renters, Renters or providers of Concierge Services. We have no control over, and shall have no responsibility for, nor shall we be in any way be liable for the acts or omissions of any Owners, Potential Renters, Renters or providers of Concierge Services.
3.8. We are not brokers, agents(except for the limited purpose of receiving payments on behalf of Owners and suppliers of Concierge Services), travel agents, rental agents or insurers nor do we hold ourselves out as suppliers of any goods or services other than the Services.
4 Account Registration 4.1. In order to access certain features of the Services or create an Advertisement, you must register to create a Bookerator Account and become a Member. You may register directly via the Services or as described in this section.
4.2. We will create your Bookerator Account and your Bookerator Account profile page for your use of the Services based upon the personal information you provide us with or that we obtain via a third party as described below. You may not have more than one active Bookerator Account at any given time.
4.3.You agree to provide accurate, current, and complete information during the registration process and to update such information if necessary to ensure that it is accurate, current and complete. We reserve the right to suspend or terminate your Bookerator Account and your access to the Services if you create or allow to exist more than one Bookerator Account at a time or if any information provided during the registration process or thereafter proves to be inaccurate, misleading, out of date or incomplete.
4.4 We may (but shall not be obliged to) from time to time enable you to create a Bookerator Account by logging into your account with an account from certain third party social networking sites, including Facebook (“Social Network Site”), each such account with a Social Network Site being a "Third Party Account".
4.5 We may (but shall not be obliged to) from time to time provide functionality within the Services enabling you to link your Bookerator Account with one or more Third Party Accounts by either:
4.5.1. providing your Third Party Account login information to us via the Services; or
4.5.2. allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
4.6. You represent and promise to us that you are entitled to:
4.6.1. disclose any Third Party Account login information you disclose to us; and
4.6.2. grant us access to your Third Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without making us liable to pay any fees or making us subject to any usage limitations imposed by the relevant Social Network Site
4.7 By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“TPA Content”) so that it is available on and through the Services via your Bookerator Account and Bookerator Account profile page, to the extent permitted under the applicable terms and conditions and settings that govern your use of each Third Party Account. Unless otherwise specified in these Terms, all TPA Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Bookerator Account on the Website, Services and Application.
4.8.Please note that if a Third Party Account or associated service becomes unavailable or Bookerator’s access to such Third Party Account is terminated by the Social Network Site, then TPA Content will no longer be available on and through the Website, Services and Application. You have the ability to disable the connection between your Bookerator Account and your Third Party Accounts, at any time, by accessing the “Account” section of the Website and Application. Your relationship with the Social Network Site associated with your Third Party Account is governed solely by your agreement with such Social Network Site. We make no effort to review any TPA Content for any purpose, including for accuracy, legality or non-infringement and we are not responsible for any TPA Content.
5 Account Security 5.1. You are responsible for safeguarding your password. You agree that you will not store your password in any way (whether electronically, on paper, or otherwise) and that you will not disclose your password to any person. Please note that we will never ask for your password by email, phone or in any other way. If anyone claims to be from Bookerator and asks for your password you should not provide them with such, but should notify us by email at info@Bookerator.com as soon as possible with copies of any relevant emails you have received or sent and details, including where possible phone numbers of any phone conversations you have had.
5.2. You will immediately change your password if at any time you believe someone may have discovered your password. You will immediately notify us if you become aware of any unauthorised use of your Bookerator Account, including if you discover that your password has been changed without your consent.
5.3. You will take sole responsibility for any activities or actions under your Bookerator Account, whether or not you have authorised such activities or actions, except where such activities or actions were authorised by a third party as a result of a failure of our security systems beyond your control.
6 User Conduct 6.1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services and Content. In connection with your use of the Services, you may not and you agree that you will not:
6.1.1. violate any laws, rules, regulations of any jurisdiction, including any maritime laws or any order of a court of competent jurisdiction;
6.1.2. use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Services or Content;
6.1.3. use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
6.1.4. copy, store or otherwise access any information contained in/on the Services or Content for purposes not expressly permitted by these Terms;
6.1.5. infringe the rights of any person or entity, including their intellectual property, privacy, publicity or contractual rights;
6.1.6. interfere with or damage our Services, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
6.1.7. use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
6.1.8. use our Services in connection with the distribution of unsolicited commercial email ("spam") or Advertisements unrelated to a Property available for rent;
6.1.9. "stalk" or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Renter, Potential Renter or Owner;
6.1.10. offer, as an Owner, any Properties that you do not yourself own or have permission to rent out;
6.1.11. offer, as an Owner, any Properties which may not be lawfully made available for rent and/or are rented;
6.1.12. offer, as an Owner, any Properties which are subject to a mortgage or any other third party rights without first obtaining all necessary consents to do so;
6.1.13. register for more than one Bookerator Account or register for a Bookerator Account on behalf of an individual other than yourself;
6.1.14. contact an Owner for any purpose other than asking a question related to a booking such Owner’s Properties or Advertisements;
6.1.15. contact a Renter for any purpose other than asking a question related to a booking;
6.1.16. use the Services to recruit or otherwise solicit any Owner or other Member to join third party services or websites that are competitive to Bookerator;
6.1.17. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
6.1.18. use automated scripts to collect information or otherwise interact with the Services;
6.1.19. use the Services to find an Owner or Renter and then complete a booking of a Property transaction independent of the Services in order to circumvent the obligation to pay any Service Fees related to Bookerator’s provision of the Services;
6.1.20. as an Owner, submit any Advertisement with false or misleading prices or other information, or submit any Advertisement with a price or other terms that you do not intend to honour;
6.1.21. post, upload, publish, submit or transmit any Content that, in Bookerator’s sole judgment;
(i) infringements, misappropriations or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
(iii) is fraudulent, false, misleading or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or
(vii) promotes illegal or harmful activities or substances;
6.1.22. Systematically retrieve data or other Content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
6.1.23. use, display, mirror or frame the Services, or any individual element within the Services, Bookerator’s name, any Bookerator trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Bookerator’s express prior written consent;
6.1.24.access, tamper with, or use non-public areas of the Services, Bookerator’s computer systems, or the technical delivery systems of its providers;
6.1.25. attempt to probe, scan, or test the vulnerability of any Bookerator system or network or breach any security or authentication measures;
6.1.26. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Bookerator or any of Bookerator’s providers or any other third party (including another user) to protect the Services or Collective Content;
6.1.27. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information;
6.1.28. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or
6.1.29. advocate, encourage, or assist any third party in doing any of the foregoing.
6.2. Bookerator will have the right to investigate and pursue (possible) violations of any of the above to the fullest extent of the law. Bookerator may involve and cooperate with the police and/or prosecuting authorities in prosecuting anyone who violate these Terms. You acknowledge that Bookerator has no obligation to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order of a court of competent jurisdiction, administrative agency or other governmental body. Bookerator reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Bookerator, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
6.3. If you interact with another user of the Services who you feel is acting or has acted inappropriately, including anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of committing an offence in relation to you, or (iii) engages in any other disturbing conduct, you should immediately report such person to Bookerator at info@Bookerator.com. You are also free to contact the appropriate authorities and then contact Bookerator and providing them with the information of the police station you reported the foregoing to and a report number at info@Bookerator.nl; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
7 Age Restrictions You may only access or use the Services if you are at least 18 years of age and by accessing or using the Services you represent and warrant that you are at least 18 years old. Owners may specify any minimum age they consider appropriate to rent out their Properties, however unless otherwise specified in any Advertisement for a Property or expressly agreed in writing with an Owner, the minimum age to rent a Property is 18.
9 Intellectual Property 9.1. The Services and Collective Content are protected by copyright, trademark, and other laws of The Netherlands and other jurisdictions. You acknowledge and agree that the Services and Collective Content, including all associated intellectual property rights are the exclusive property of Bookerator and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Collective Content.
9.2. All trademarks, service marks, logos, trade names and any other proprietary designations of Bookerator used in/on the Website or Services are trademarks or registered trademarks of Bookerator. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
9.3. Bookerator respects copyright law and expects you to do the same. It is Bookerator’s policy to terminate, if deemed appropriate by Bookerator, the Bookerator Accounts of Members or other account holders who infringe or are believed to be infringing the rights of copyright holders. Please see Bookerator’s Copyright Dispute Policy at www.Bookerator.nl for further information.
10 Bookerator Content and Member Content License 10.1. Subject to your compliance with these Terms, Bookerator grants you a limited, non-exclusive, non-transferable and non-sub licensable license, to (i) access and view any Bookerator Content to which you are permitted access, solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes.
10.2. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Bookerator or its licensors, except for the licenses and rights expressly granted in these Terms.
11 Member Content 11.1 We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Website and Services, you hereby grant to Bookerator a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services or otherwise. Bookerator does not claim any ownership rights in/to any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
11.2 You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Bookerator the rights in/to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Bookerator’s use of the Member Content (or any portion thereof) on, through or by means of the Services or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
11.3 You hereby indemnify and keep indemnified Bookerator from any and all claims, and all direct and indirect liabilities, costs, proceedings, damages, losses and expenses (including legal and other professional expenses), awarded against, or incurred or paid by Bookerator, as a result of or in connection with any claim arising out of a violation of article 11.2.
12 Links The Services contain links to third-party websites or resources. You acknowledge and agree that Bookerator is not responsible or liable for: (i)
the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Bookerator of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
13 Feedback We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at info@Bookerator.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Bookerator and you hereby irrevocably assign to Bookerator and agree to irrevocably assign to Bookerator all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Bookerator’s request and expense, you will execute documents and take such further acts as Bookerator may reasonably request to assist Bookerat or to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
14 Renewals, Terminations and Bookerator Account Cancellations We may, in our discretion and without liability to you, with or without cause, with prior notice of 7 days and at any time: (a) terminate these Terms or your access to our Services, and (b) deactivate or cancel your Bookerator Account. Upon termination, we will promptly pay you any amounts, which we are legally obligated to pay you. In the event Bookerator terminates these Terms, or your access to our Services or deactivates or cancels your Bookerator Account you will remain liable for all amounts due hereunder.
Your subscription begins as soon as your initial payment is processed. Your monthly or yearly subscription will automatically renew for the same term of your initial subscription. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every month or year until you cancel.
You can cancel your subscription anytime by sending an email to info@Bookerator.com. Only after you have received an acknowledgement of receipt from Bookerator your subscription is formally cancelled. If you cancel your service will continue until the end of that term’s billing period.
Please note that if your Bookerator Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Website or otherwise using the Services, including any reviews or Feedback.
B. ADVERTISEMENTS AND BOOKINGS
15 Advertisements 15.1. You may create an Advertisement if you are both an Owner and a Member. You will be asked a number of questions about the Property to be advertised, including the location, features, amenities, availability, restrictions on use, and pricing. You agree that Advertisements will be distributed and made publicly available via the Services. Once an Owner and a Renter have agreed the rent of Property the price and other terms agreed for that rent may only be altered with the consent of both the Owner and the Renter.
15.2. You acknowledge and agree that you are responsible for any and all Advertisements you post. You represent and warrant to us and to all other Members that any Advertisement you post, the booking of a Property advertised in an Advertisement posted by you, and the use by a Renter in accordance with the agreed terms of the rent of any Property advertised in an Advertisement posted by you, you will:
15.2.1. not breach any agreements you have entered into with any third parties, including any person who has financed the purchase of the Property;
15.2.2. be in compliance with all applicable laws, rules and regulations, including laws relating to the commercial use of Properties and marina regulations.
15.3 Bookerator assumes no responsibility for an Owner’s compliance with any applicable laws, rules and regulations and Owner hereby indemnifies Bookerator of any claims and/or liability, from either a third party or Owner arising out of or in connection with the non-compliance of Owner with any applicable laws, rules and regulations, including laws, rules and regulations relating to operating permits and mooring permits. Bookerator reserves the right, at any time and without prior notice, to remove or disable access to any Advertisement which Bookerator, in its reasonable opinion, considers to be in breach of these Terms or otherwise objectionable or harmful to Bookerator’s reputation.
15.4. You understand and agree that Bookerator does not act as an insurer or as an agent with power to enter into contracts for you as an Owner. If a Potential Renter requests a booking of your Property, any agreement you enter into with that Potential Renter is between you and the Potential Renter and Bookerator is not a party to that agreement. Notwithstanding the foregoing, Bookerator serves as the limited agent of the Owner for the purpose of accepting payments from Renters on behalf of the Owner and is responsible for transmitting such payments to the Owner in accordance with the Terms.
15.5. When you create an Advertisement, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Property, including requiring Members to have a profile picture or verified phone number, in order to rent your Property. Any Member wishing to rent Properties included in Advertisements with such requirements must meet these requirements. We do not guarantee that any Member claiming to meet any requirements in fact does so and it is your sole responsibility to determine whether or not a Member does meet your requirements. More information on how to set such requirements is available via the “Owners” section of the Services.
15.6. If you are an Owner, Bookerator may make certain tools available to you to help you to make informed decisions about which Members you choose to rent your Property to. You acknowledge and agree that, as an Owner, you are solely responsible for your own acts and omissions. Bookerator does not represent or guarantee that any person you decide to rent your Property to, whether or not on the basis of any tools made available by Bookerator, is qualified or suitable to rent your Property.
16.1. If you are an Owner and a booking is requested for your Property via the Services, you may be required to either confirm or reject the booking within 24 hours of when the booking is requested or the booking request may be automatically cancelled. When a booking is requested via the Services, we will share with you (a) the first and last name of the Potential Renter who has requested the booking, and (b) a link to the Potential Renter’s Bookerator Account profile page so that you can view the information on that page before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a Property within such 24-hour period, any amounts collected by Bookerator for the requested booking will be refunded to the applicable Potential Renter’s credit card and any pre-authorisation of such credit card will be released. When you confirm a booking requested by a Potential Renter, Bookerator will send you an email message via the Services confirming such booking, depending on the selections you make via the Services.
16.2. The fees displayed in each Advertisement are comprised of the Rental Fees and the Service Charges. Where applicable, Tax may be charged in addition to the Rental Fees and Service Charges, such will clearly be stated in the Advertisement. The Rental Fees, Service Charges and applicable Tax are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Renter solely relating to an Owner’s Property which are actually collected by Bookerator are the “Rental Fees”. Please note that it is the Owner and not Bookerator which determines the Rental Fees. The Rental Fees may include a cleaning fee, pre-paid fuel charges, or additional training costs, at the Owner’s discretion.
16.3. Owners, not Bookerator, are solely responsible for honouring any confirmed bookings and making available any Properties reserved through the Services. If you, as a Renter, choose to enter into a transaction with an Owner for the booking of a Property, you agree and understand that you will be entering into a contract with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Property imposed by the Owner, all of which will be notified to you before you are required to commit to that contract. You acknowledge and agree that you, and not Bookerator, will be responsible for performing the obligations of any such contracts, that Bookerator is not a party to such agreements, and that, with the exception of its obligations hereunder to pay Rental Fees and Late Charges to the applicable Owner, Bookerator disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Bookerator is not a party to the agreement between you and the Owner, Bookerator acts as the Owner’s payment agent for the limited purpose of accepting payments from you on behalf of the Owner. Upon your payment of amounts to Bookerator which are due to the Owner, your payment obligation to the Owner for such amounts is fulfilled, and Bookerator is responsible for remitting such amounts, less Bookerator’s Service Fees, to the Owner. In the event that Bookerator does not remit any such amounts to an Owner, such Owner will have recourse for such amounts only against Bookerator.
16.4. You, the Renter, agree to pay Bookerator the Rental Fees and Late Charges for any booking requested in connection with your Bookerator Account if such requested bookings are confirmed by the applicable Owner. In order to establish a booking pending the applicable Owner’s confirmation of your requested booking, you understand and agree that Bookerator, on behalf of the Owner, reserves the right, in its sole discretion, to (i) obtain a pre-authorisation via your credit card for the Rental Fees or (ii) charge your credit card a nominal amount, not to exceed one euro (€1) to verify your credit card. Once Bookerator receives confirmation of your booking from the applicable Owner, Bookerator will collect the Rental Fees and Late Charges in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Bookerator cannot control any fees that may be charged to a Renter by his or her bank related to Bookerator’s collection of the Rental Fees or Late Charges, and Bookerator disclaims all liability in this regard.
17 Security Deposits 17.1. A security deposit will be specified in every Advertisement (“Security Deposit”). For all Security Deposits included in an Advertisement for a confirmed booking of a Property, Bookerator will, in its capacity as the payment agent of the Owner, use its reasonable endeavours to obtain a pre-authorisation of the Renter’s credit card in the amount the Owner determines for the Security Deposit within a reasonable time prior to the commencement of the Renter’s rent of the Property. Bookerator will also use its reasonable endeavours to address Owners’ requests and claims related to such Security Deposits, but Bookerator is not responsible for administering or accepting any claims by Owners related to Security Deposits, and disclaims any and all liability in this regard.
17.2. A Security Deposit may be applied towards, and a Renter’s credit card charged up to the amount of the Security Deposit for:
17.2.1. the cost of making good any damage to a Property for which a Renter is responsible and which is not covered by the Insurance Policy, including damage up to the amount of any excess on the Insurance Policy for the respective Property;
17.2.2. any Late Charges payable by a Renter.
17.3. A Renter’s liability for damage to a Property is not limited to the amount of the Security Deposit provided by the Renter. See paragraph 25 below for further terms in relation to damage to Properties.
18 Service Fees payable by Owners
18.1. In consideration for providing the Services, Bookerator charges service fees to Owners (“Service Fees”). Service Fees are based upon a percentage of the amount of Rental Fees and Late Charges (if any), excluding any Tax. Where applicable, Value Added Tax and any other applicable Tax may also be charged to Owner in addition to the Service Fees. Service Fees are deducted from the Rental Fees before remitting the Rental Fees to the Owner, within 24 hours of when the Renter checks in the applicable Property at the end of the Actual Rental Period.
18.2. Balances will be remitted in Euro’s by Bookerator to Owners by direct credit transfer or other payment methods described on the Services. More information on Services Fees can be found at www.Bookerator.nl. Except as otherwise provided herein, Service Fees are non-refundable.
18.3. For Basic Subscriptions all bookings - except the 3 first free bookings per (subscription) month - will be charged with a 10% Service Fee (commission) by Bookerator. Owner can avoid these charges by deactivating the accommodation or by buying a Premium or Multi-property Subscription that allows unlimited bookings.
19 Cancellation Policy
19.1. If, as a renter, you cancel your requested booking before the requested booking is confirmed by an Owner, Bookerator will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter, you wish to cancel a confirmed booking made via the Services, the cancellation policy of the Owner contained in the applicable Advertisement will apply to such cancellation. The owner has the choice of Very Strict, Strict, Medium or Flexible cancellation policy:
VERY STRICT If you cancel the booking -up to six weeks before check-in you will be charged for 40% of the booking amount -up to four weeks before check-in you will be charged for 60% of the booking amount -up to two weeks before check-in you will be charged for 80%of the booking amount –after two weeks before check-in you will be charged for 100% of the booking amount.
STRICT If you cancel the booking -up to six weeks before check-in you will be charged for 30% of the booking amount -up to four weeks before check-in you will be charged for 50% of the booking amount -up to two weeks before check-in you will be charged for 80% of the booking amount –after two weeks before check-in you will be charged for 100% of the booking amount.
MEDIUM If you cancel the booking -up to six weeks before check-in you will be charged for 25% of the booking amount -up to four weeks before check-in you will be charged for 40% of the booking amount -up to one week before check-in you will be charged for 60% of the booking amount –after one weeks before check-in you will be charged for 100% of the booking amount.
FLEXIBLE If you cancel the booking -up to one month before check-in you will be charged for 20% of the booking amount -up to two weeks before check-in you will be charged for 20% of the booking amount -up to 7 days before check-in you will be charged for 20% of the booking amount -up to 24 hours before check-in you will be charged for 50% of the booking amount -on the day of check-in you will be charged for 75% of the booking amount.
If there is no cancellation policy shown in the owners’ advertisement the general policy will count as: "Very Strict".
The reservation is officially cancelled when the Renter sends an email to firstname.lastname@example.org and receives a confirmation. In case of complaints from any party, Bookerator has the final word in any dispute in its sole discretion. Cancellation policies may be superseded by the safety cancellations, Guest Refund Policy (as below defined), or Extenuating Circumstances (as below defined). All users are encouraged to check these carefully by reading the following exceptions.
19.2 The Owner is not allowed to cancel a confirmed booking. In the event the Owner decides to cancel a confirmed booking a penalty of 250 euro excl. VAT will be charged.
Unless Bookerator has offered alternative accommodation the Owner will endeavor to make alternative arrangements of equal or better quality at the cost of the Owner and in case there is no Accommodation available On arrival the Owner will: (i) find suitable alternative accommodation of the same or better standard as compared to the reservation guaranteed by the Renter Accommodation; (ii) offer free private transport to the alternative accommodation for the Renter, and (iii) To compensate Bookerator and / or compensate the Renter for all costs and expenses reasonably incurred or suffered by Bookerator and / or the Guest (such as cost of alternative accommodation, transportation, telephone charges) as a consequence of the initial cancellation.
Any amount and penalties charged by Bookerator in such case will be paid within 7 days of receipt of the invoice. The Owner hereby agrees that the amount will be automatically charged from the Owner’s credit card on file.
20 Appointment of Bookerator as Limited Payment Collection Agent for Owner
20.1. Each Owner hereby appoints Bookerator as the Owner’s limited agent solely for the purpose of collecting payments made by Renters on behalf of the Owner and forwarding such payments to Owner, minus the applicable Service Fees. Each Owner agrees that payment of Rental Fees made by a Renter to Bookerator shall be considered the same as a payment made directly to the Owner and the Owner will make the Property available to a Renter in the agreed upon manner as if the Owner has received the Rental Charges. Each Owner agrees that Bookerator may, in accordance with the cancellation policy selected by the Owner and reflected in the relevant Advertisement, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the Rental Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorised agent of the Owner, Bookerator assumes no liability for any acts or omissions of the Owner.
C. PROPERTY RENTAL TERMS
22 Pre-Rent Inspection
22.1. Prior to the commencement of the Agreed Rental Period, the Renter may inspect the Property in the company of the Owner or the Owner’s representative to assess the condition of the Property and to satisfy the Renter that the Property is as described in the Advertisement the Renter responded to or is otherwise in such condition as has been agreed between the Owner and the Renter.
22.2. Acceptance of the Property by the Renter shall be evidence that the Property is in a satisfactory condition in accordance with the terms of the contract between the Renter and the Owner.
22.3. If the Renter does not accept delivery of the Property within three hours from the start of the Agreed Rental Period and has not notified the Owner of Renter’s intention to accept delivery later during the Agreed Rental Period, the Owner may terminate the Rent and shall be entitled to payment of such sums as would be payable under the cancellation policy of the Owner contained in the applicable Advertisement in the event of a cancellation by the Renter on the day the Agreed Rental Period was due to commence. If the Owner is able to re-rent the Property for any part of the original Agreed Rental Period, the Owner shall give credit to the original Renter for any sums received for such re-hire, less any additional costs incurred by the Owner.
23 Renter’s Undertakings
A Renter commits to the Owner whose Property is Rented to the Renter throughout the Actual Rental Period:
23.1. not to occupy the Property with more than the number of persons agreed;
23.2. not to allow any animals on inside the Property without the express prior written permission of the Owner (which may be withheld at the Owner’s absolute discretion);
23.3. not to sell, mortgage, pledge, hire, lend, encumber with any limited right or otherwise give up possession entirely or partially of the Property or attempt or claim to do so;
23.4. to pay for, or at the discretion of the Owner, make good any loss of, or damage to, the Property during the Actual Rental Period which is not recoverable under the Insurance Policy;
23.5. to notify the Owner of any failure of, or damage to, the Property or any incident involving a third party as soon as reasonably possible , but in any case within eight hours of such failure, damage or incident, and comply with any reasonable instructions given by the Owner in relation to the same;
23.6. not to knowingly or recklessly do or omit to do any act or thing which may void, or allow the insurers to void, the Insurance Policy in whole or in part, or which may result in any claim under the Insurance Policy being denied in whole or in part;
23.7. to indemnify (that is compensate and hold harmless) the Owner against any loss or damage incurred or suffered by the Owner as a result of any breach by the Renter of paragraph 23.6 above;
23.8. to hand over the Property to the Owner at the end of the Agreed Rental Period, free of any mortgage, pledge, limited rights or any debts (other than mortgages or debts incurred by the Owner), in as good, clean and tidy condition as when the Property was delivered to the Renter(fair wear and tear excepted);
23.9. if the Renter fails to deliver the Property as required in paragraph 23.8, to pay Late Charges to the Owner for the whole period between the end of the Agreed Rental Period and the end of the Actual Rental Period, unless such failure is caused by the occurrence of a risk covered by the Insurance Policy or by a mechanical or other failure of the Property which is not the Renter’s responsibility under these Terms.
24 Owner’s Undertakings
24.1. to handover the Property to the Renter:
24.1.1. at the start of the Agreed Rental Period, failing which (i) if the delay is up to 25% of the Agreed Rental Period, the Owner’s liability shall be limited to a pro rata refund of the Rental Fees, and (ii) if the delay is 25% or more of the Agreed Rental Period the Renter shall be entitled to terminate the Rent and receive a refund of all sums paid and shall have no liability to the Owner to pay any Rental Fees or Late Charges and shall be entitled to the release of the Renter’s Security Deposit;
24.1.2. in the condition described in the Advertisement the Renter responded to or in such other condition as agreed with the Renter;
24.2. in the event of a Renter terminating the Rent under paragraph 24.1.1, to compensate the Renter for any non-refundable travel or accommodation expenses reasonably incurred in connection with, or anticipation of, the Rent, provided that (i) the Owner shall have no liability to the Renter in respect of any other consequential loss or loss of use or enjoyment of the Property, and (ii) the Owner’s liability to the Renter for any breach of contract entitling the Renter to terminate the Rent under paragraph 24.1.1 shall not exceed 50% of the Rental Fees agreed for the Rent;
24.3. to permit the Renter to use the Property in accordance with these Terms for the Agreed Rental Period, provided that the Owner does not warrant or represent that the Property is suitable for any particular purpose unless expressly stated in the Advertisement the Renter responded to or as otherwise agreed in writing by the Owner;
26 Scope of Bookerator’s obligations
25.1. If you choose to use the Services, you do so at your own risk. You acknowledge and agree that Bookerator does not have an obligation to conduct background checks on any Member, including (Potential) Renters and Owners, but, at its sole discretion, may conduct such background checks. The Services and/or Collective Content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, Bookerator explicitly disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement of any kind, and any warranties arising out of or in the course of dealing or usage of trade. Bookerator makes no warranty that the Services and/or Collective Content, including the Advertisements or any Properties, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Bookerator makes no warranty regarding the quality of any Advertisements, Properties, or the Services or Member Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Member Content.
25.2. No advice or information, whether oral or written, obtained from Bookerator or through the Services or Collective Content, will create any warranty not expressly made herein, unless expressly made in any such advice or information.
25.3. You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, including any Owners or (Potential) Renters. You understand that Bookerator does not make any attempt to verify the statements of users on/of the Website or Services or to review or inspect any Properties. Bookerator makes no representations or warranties as to the conduct of users of the Website, Application or Services or their compatibility with any current or future users of the Website, Application or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Website, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Website, Application or Services, including (Potential) Renters and Owners, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Bookerator.
25.4. Notwithstanding Bookerator’s appointment as the limited agent of the Owners for the purpose of accepting payments from Renters on behalf of the Owners, Bookerator explicitly disclaims any and all liability for any act or omission of any Potential Renter, Renter or other third party.
26 Limitation of Liability
26.1. You acknowledge and agree that, the entire risk arising out of or in connection with your access to and use of the Services and Collective Content, your Advertisement or booking of and use of any Properties via the Services, and any contact you have with other users of the Services whether in person or online remains with you. Neither Bookerator nor any other party involved in creating, producing, or delivering the Service and/or Collective Content will be liable for any direct or indirect damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, from the use of or inability to use the Services and/or Collective Content, from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, or from your Advertisement, booking, or use of any Property via the Services, whether based on warranty, contract, unlawful act, product liability or any other legal basis, and whether or not Bookerator has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
26.2. Except for our obligations to pay amounts due by Renters to Owners pursuant to these Terms, in no event will Bookerator’s aggregate liability arising out of or in connection with these Terms and your use of the Services including from your Advertisement, booking or use of any Property via the Services, or from the use of or inability to use the Services, or Collective Content and in connection with any Property or interactions with any other Members, exceed the amounts you have paid for bookings via the Website, Application and Services as a guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are an Owner, the amounts paid by Bookerator to you in the twelve (12) month period prior to the event giving rise to the liability, or EUR 100.-, if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the contract between Bookerator and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you if that is the case in your jurisdiction.
26.3. Nothing in this paragraph 27 shall limit or exclude Bookerator’s liability in respect of death or personal injury caused by its acts or defaults or the acts or defaults of any person for whom it is liable.
27.1. You agree to release, defend, indemnify, and hold harmless Bookerator and all companies in its group of companies including parent companies, and their officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and other professional fees, arising out of or in any way connected with (a) your access to or use of the Services and/or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking, rent or use of a Property, (iii) creation of an Advertisement or (iv) the use, condition or rent of a Property by you, including any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rent , booking or use of a Property.
27.2. Nothing in this paragraph 28 shall limit or exclude Bookerator’s liability in respect of death or personal injury caused by its acts or defaults or the acts or defaults of any person for whom it is liable.
Bookerator Payment Protection Policy
Terms and Conditions
We provide the Bookerator Payment Protection Policy (the “Policy”) to customers who pay online using our payment platform (the “Platform”) for rental properties.
The terms “we”, “us” and “our” refer to Bookerator BV.
The terms “you, “your” or “User” refer to the customer paying on the Platform to rent a rental property displayed on the Websites of our Channel Partners(each, a “Rental”). The Websites include: all our official Channel Partners and all associated domains. The Websites exclude: own websites of Owners even if they are provided by Bookerator.
If you do not agree to the terms and conditions of the Policy, then you have no right to obtain reimbursement or claim any other rights under the Policy.
We may revise this Policy at any time and in our sole discretion by amending the applicable web page on the Website or by publishing notices elsewhere on the Website.
To qualify for reimbursement under this Policy, you must ensure that:
1. your claim falls within one or more of the Covered Circumstances (as defined below);
2. you paid for the Rental on the Platform;
3. you took all reasonable steps to resolve the issue with the property owner/ manager (the “Owner”);
4. you are the person who made the booking; and
5. you comply with all other requirements under the Policy.
The maximum amount in aggregate that we will reimburse you under this Policy (the “Coverage Limit”) is the lower of:
1. the total amount you paid through the Platform for the Rental(the “Qualifying Payment”); and
2. USD $5,000/£4,000/€4,000 (depending on the currency in which you paid).
You may not qualify for reimbursement under the Policy if you have requested a chargeback from your credit card company or you have opened a dispute with PayPal in relation to part or all of your Qualifying Payment. If we have disbursed your payment before you make a claim, then you will need to provide us with evidence that you have attempted to claim reimbursement from the Owner, your bank or credit card company, as applicable.
Circumstances covered under this Policy
We will reimburse you for your losses up to the Coverage Limit, provided that you meet the claim requirements described above and one or more of the following “Covered Circumstances” applies:
1. Fraudulent Advertisement: the Owner does not own or manage the Rental, or is not the authorized agent of the property’s owner, or the Rental is not legally permitted to be rented
2. Compromised Owner: the personal e-mail address of the Owner or the Owner’s account with Bookerator has been compromised by a fraudulent individual purporting to be the true Owner to induce payment from you.
3. Inaccessible Rental: you have paid for the Rental in compliance with the booking contract, and you have complied with the Owner’s terms and conditions but you have been denied entry to the Rental as a result of intentional and wrongful conduct of the Owner (which is deemed to include as a result of the Owner’s bankruptcy, insolvency or fraudulent activity), or the Rental is not in fact for rent. You will not be covered for any delay in accessing the Rental during the rental period. You must notify us of this condition no later than the first day of your expected rental period.
4. Misrepresented Rental: the Rental has Material Differences or Defects (as defined below) compared with the advertised Rental, and: (i) you are unable to rent the Rental as intended; (ii) you document the Material Differences or Defects; and (iii) you notify the Owner and us of this condition no later than the first day of your rental period.
The meaning of “Material Differences or Defects” shall be determined in our sole discretion and, among other exceptions, it shall not cover cleanliness of the Rental; minor differences in the location of the Rental advertised and the actual location of the Rental; the presence or availability of local attractions; or maintenance issues with amenities or services.
Circumstances not covered under this Policy
We will not provide any reimbursement for loss of funds due to circumstances that are not included in the Covered Circumstances. For clarification, we will not cover losses in any of the following circumstances (which is not an exhaustive list).
1. Any indirect losses; losses associated with travel arrangements, such as airfare or other transportation costs; opportunity losses; contractual losses; consequential losses; losses due to the weather or natural disasters; any losses other than the Qualifying Payment (subject to the Coverage Limit).
2. If we or the Owner offer you alternative accommodation in lieu of the Rental and you accept the alternative accommodation (which will be inferred if you stay at least one night at such alternative accommodation), you will not be able to claim in respect of any sums paid for the original Rental.
3. Any damage deposits or other funds paid to the Owner using the Platform that are not returned due to damage or non-compliance with the Owner’s booking contract and/or cancellation policy.
4. Any payments made in cash, or by cheque or wire transfer, or using any other type of payment service other than via the Platform.
5. If you have a close personal connection with the Owner, for example, you are friends or members of the same family.
6. Payments you make after we notify you that the Rental is fraudulent or has been removed from the Website.
7. In relation to a Rental with Material Differences or Defects, where you fail to notify us no later than the first day of your rental period and you do not vacate the Rental by midnight on the day of check-in.
To make a claim under the Policy, you must take the following steps within the time periods described below.
1. Inform us of the problem no later than the first day of your rental period by email. The email address: payment email@example.com
2. Send a completed Claim Form to us with proof of identification and a detailed description of the circumstances surrounding your claim so that we receive it within 14 days of the first day of your rental period.
3. Submit the Claim Form by email to payment firstname.lastname@example.org
4. If the issue is due to fraudulent activity you must obtain a police crime reference number/ case number in relation to such issue and print it on the Claim Form. Details of how to obtain a crime reference number/ case number are included on the Claim Form.
We shall complete the reimbursement claim process in a reasonable time frame (generally within four weeks) and will keep you informed of any decisions or additional documentation required to process your claim.
In our sole discretion, we shall make all decisions regarding claim and documentation requirements and eligibility under the Policy. Our decisions shall be final and binding on you.
Bookerator Services BV
1015 BC Amsterdam