TERMS & CONDITIONS

Dated: 01 September 2019, Amsterdam, The Netherlands

The following terms and conditions apply to the services rendered by Bidroom.com (hereafter referred to as “us”, “we”) through any platform. By accepting the terms and conditions Accommodation Providers acknowledge to have read, understood and agreed to the terms and conditions as set out below.

The content of the website (content, infrastructure and reservation service) stipulated on these pages and provided via the website (the “service”) is owned, operated and provided by Bidroom.com, and is subject to the terms and conditions as set out below.

Definitions

In addition to terms defined elsewhere in these Terms & Conditions, the following definitions are applicable unless explicitly stated otherwise.

• “Accommodation Providers” refers to businesses centered around providing accommodation, including but not limited to, hotels, apartments, hostels and bed & breakfasts.
• “Offer” refers to the price and other characteristics (e.g. room type, breakfast policy, cancellation policy etc.) offered by the Accommodation Providers automatically, as a response to a specific request from a customer.
• “Admin Panel” refers to the extranet which can be accessed by Accommodation Providers (after identification via username and password) using the internet address: https://www.bidroom.com/hotel_admin/login Through the Admin Panel, Accommodation Providers are able to extend offers, verify, update or change accommodation information and communicate with guests via direct messaging.
• “Users” refers to individuals who access, browse or in any other form make use of the website Bidroom.com​.
• “Services” refers to the online communication platform provided by Bidroom through which Users and Accommodation Providers can communicate about possible reservations. It also refers to any additional services Bidroom offers.

Accommodation Information

1. Any and all information included on the website related to the accommodation (including but not limited to pictures, descriptions, amenities, star ratings and any applicable policies) comply with the format and standards provided by Bidroom.com.
2. By agreeing to the Terms & Conditions, Accommodation Providers guarantee that this information is accurate, precise and up-to-date. If any of the information is incorrect, Accommodation Providers shall take action to rectify this, either through manual altering themselves or by contacting Bidroom to alter this on their behalf.
3. Accommodation Providers agree that Bidroom provides certain information to Users, specifically regarding the rates charged by the Accommodation Providers on other platforms for identical requests in order to provide Users a base for comparison. Furthermore, Bidroom reserves the right to remove any information that is found to be inaccurate, misleading or of inflammatory nature.

Membership

By accepting these Terms & Conditions, Accommodation Providers acknowledge that the membership has an annual membership fee model, and accepts its responsibilities. The membership duration is not specified which means that it has an infinite validity. However, it can be deactivated upon Accommodation Providers’ request sent via email to ​office@bidroom.com​. Termination of the cooperation is only possible after payment of any outstanding fees.

1. Accommodation Provider cooperates with Bidroom based on the membership model, which provides commission-free bookings to members of Bidroom at discount rates.
2. Accommodation Provider joins Bidroom and works with the activation process including submitting most important information, photos and discounts level.
3. Accommodation Provider offers Bidroom members discounts, which apply to OTAs public rates at a level specified by the Accommodation Provider. These rates can be altered according to Accommodation Providers’ wishes, but cannot be lower than 5%.
4. The annual membership fee is due to Bidroom only if the minimum revenue (EUR) (indicated in the table below) is delivered by Bidroom.com within one calendar year (from 01 January up and including 31 December).
5. As soon as the revenue threshold has been reached, Bidroom will send Accommodation Provider an invoice.

Accommodation Provider declares the following thresholds (amount in EUR) are applicable:

Deactivation of Accommodation Providers

1. Bidroom reserves the right to deactivate Accommodation Providers in case it violates any of the items mentioned in these Terms & Conditions and refuses to do business with said Accommodation Provider in the future. Furthermore, Bidroom reserves the right to deactivate Accommodation Providers based on overly negative feedback received from Users of Bidroom.
2. Termination of the cooperation in the context of this paragraph does not discharge Accommodation Provider from the obligation to pay any outstanding fees.
3. Bidroom.com reserves its right to decline the activation of a property on the platform without providing substantiation.

VAT

1. For Accommodation Providers in the Netherlands, the membership fees are excluding the official tax rate of 21%.
2. For Accommodation Providers within the European Union, the EU reversed charge mechanism is applicable on the condition they provide Bidroom with their company name and VAT number for validation and listing.
3. Accommodation Providers outside the European Union are exempt from paying tax (taxed at 0% VAT).

Booking

1. Booking requests are to be confirmed by Accommodation Providers in a timely manner with a maximum of 24 hours response time upon receiving a request.
2. Instant bookings made through channel managers are confirmed upon receipt of the booking.
3. Accommodation Providers handle the process of card authorization, payments, and cancellations.
4. In case of incorrect credit card details of guest, Accommodation Providers have the right to cancel the booking.
5. Bookings made via the platform are non-commissionable.

Marketing

Bidroom is entitled to promote Accommodation Providers, using Accommodation Providers’ name in marketing, expressed at its own cost and discretion.

Ranking

Bidroom reserves the right to implement rankings on its received offers page (visible to Users) on the basis of but not limited to time of placement, frequency of bidding, successful conversion, received customer feedback and TripAdvisor rating.

Overbooking and Cancellation

1. Users are able to cancel or alter bookings in accordance with the individual Accommodation Provider’s cancellation policy. Any and all charges levied as a result of the cancellation or alteration shall be paid by the User and Bidroom shall not be held accountable for these charges.
2. Under no circumstances will Accommodation Providers be permitted to unilaterally cancel a booking made via Bidroom. If Accommodation Providers wish to cancel a booking, explicit User acquiescence is required.

Liability

Complaints or claims about the accommodation (regarding products or services offered, rendered or provided) or specific requests made by Users are to be dealt with by Accommodation Providers, without any mediation or interference from Bidroom. Bidroom is not responsible for and disclaims any liability regarding such claims from Users. Bidroom does reserve the right to occasionally and at its sole discretion offer customer support services, act as an intermediary between User and Accommodation Provider, provide alternative lodging in the event of an overbooking or otherwise assist Users in its communication with or actions against Accommodation Providers.

Force Majeure Event

In case of a Force Majeure Event, Accommodation Providers shall not charge (and/or shall repay if applicable) Users affected by the Force Majeure Event any fee, costs, expenses or other amount for any cancellation or change of the reservation made by the User or in relation to that part of the reservation which was not consumed due to the Force Majeure Event. In case of reasonable and justified doubt, Accommodation Providers may ask Users to provide reasonable evidence of the causality between the Force Majeure Event and cancellation, no-show or change of reservation.

Credit Cards

1. Guarantee of booking is based on the credit card details provided by User upon booking. Accommodation Providers shall at all times accept all major credit cards for guarantee of booking and are responsible for the verification of the validity of these credit card details, any authorizations placed on the credit card and the limit of credit on the date of the lodging booked.
2. Accommodation Providers shall upon receipt of a booking, verify and pre-authorize the credit card. If this is not possible, Accommodation Providers shall notify the User to guarantee the booking in an alternative manner. If the User is unwilling to do so, Accommodation Providers may cancel the booking after notifying the guest. If Accommodation Providers do not wish to cancel the booking after the credit card (or alternative) guarantee could not be effected, the booking shall always be at the risk and for the account of Accommodation Providers.
3. If Accommodation Providers wish to obtain payment prior to the date of check-in, they shall only be able to so when this is clearly explained to Users in the information provided to Users prior to making the reservation and is included in the accommodation information.
4. Accommodation Providers are responsible for charging guests for the consumed lodging, no-show fee or charged cancellation. Credit cards shall be charged in the same currency as set out in the reservation of the User or change currency by exception only after explicit consent of the User. In such cases accommodations may charge the credit cards of guests in a different currency using a reasonable and fair exchange rate.
5. Accommodation Providers are required to comply on an ongoing basis with the requirements, compliance criteria and validation processes as set forth in the Payment Card Industry (“PCI”) Data. Accommodation Providers acknowledge and agree to their responsibility to ensure the security of the cardholder data it processes.

Privacy

Bidrooms privacy policy is applicable to the Terms & Conditions. The privacy policy can be accessed via the link: https://www.bidroom.com/privacy

General

Bidroom reserves the right to amend the membership fee structure and the Terms & Conditions based on changes to the workings or processes of the website or in case of legal or fiscal force majeure.