Bidroom BV [Ltd.]
General Terms and Conditions
Keizersgracht 241, 1016 EA Amsterdam, the Netherlands (hereinafter referred to as "Bidroom")
Bidroom markets and procures hotel accommodations. For this purpose, Bidroom operates the "Bidroom.com" internet portal and mobile application. Registered users of the portal are authorised to book accommodations offered via the internet portal and mobile application with the operators of the accommodations.
1. Scope and definitions
1.1 The document contains the Terms and Conditions and general rules for the acquisition and use of membership of “Bidroom”, as well as the use of the internet portal and mobile application.
1.2 For the purpose of these General Terms and Conditions:
“Bidroom” and/or “Portal” are/is the portal operated by Bidroom and the services and benefits offered through Bidroom.com, mobile application and White Label pages operated by Bidroom;
"User/Member/You" are the individual persons registered on the portal as a user;
"Accommodation Provider" is the provider and/or operator of accommodation which is offered through the portal;
"Accommodation" is the accommodation offered by the tourism business.
2. Registration, login details, and formation of the user agreements
2.1 In order to use the portal, you are required to register and open a user account.
2.2 To register, you only need to provide your email address and your name. The email address must belong to you and be functional. It is not permitted to enter third-party data.
2.3 Your login details (username and password) may only be used by You. You must keep your password secret. If you have lost your password or have reason to believe that a third party is using your user account, you must notify us of this for your protection and ours. In such a case, we will block your account immediately as a preventative measure.
2.4 You, as the user, are obliged to ensure that email messages from Bidroom reach him/her and that their delivery is not prevented by security-checking safeguards (particularly spam filters).
2.5 The user agreement is concluded with the process of registration.
3. Bidroom membership
3.1 The services offered by Bidroom are not freely accessible; they are directed only towards a closed group of members within the context of their respective availability and the respective content. Only persons who are of legal age (at least 18 years old) and have full legal capacity (for example, the ability to independently engage in a contractual relationship or independently make decisions regarding their rights, duties and obligations) are authorised to acquire a Bidroom membership. Your Bidroom membership is personal and not transferable.
3.2 Detailed information about currently available membership option is retrievable at any time on the website at www.bidroom.com.
3.3 Your Bidroom membership may begin with a free period which is activated by a promo code. Entitlement to the free period is determined at the sole discretion of the company. You will be informed of the duration of the free period at the time of registration. If you choose to renew your membership after the free period, the public price available at this time will apply.
4. Payment and due date; price changes
4.1 The membership fee is paid in advance for the whole membership period.
4.2 The payment may be made using the payment methods offered by Bidroom. Membership fee payment is securely processed by an external, encrypted service. Credit card details (number, expiry date, CVV) are not processed, stored and used by Bidroom directly.
4.3 After extension of the membership, the applicable membership fee is charged automatically.
4.4 Price changes are only valid with the member’s consent. The member shall be notified of the new prices by email a minimum of 30 days prior to their implementation. If such a price change occurs within 3 months after obtaining membership and without the member’s consent, the membership can be dissolved. Consent is deemed as granted if the member does not object to the change within 14 days after receipt of the email. The objection must be issued in written form. In the notification email, Bidroom will inform the member about the option to object, the time limit and the consequences of the member’s inaction.
4.5 Any changes in the types of membership plans offered by Bidroom apply only to new users. All users registered on the platform are obliged to abide by the valid membership plan that was chosen during the registration process.
5. Term and cancellation of Bidroom membership
5.1 Bidroom membership extends automatically by the applicable additional period if it is not cancelled by the end of the membership term. The cancellation must take place no later than the calendar day before the last day of the membership, via the user’s personal account on the platform. Written cancellations are not accepted.
5.2 Example of cancellation notice period:
- Term: 15 August 2018 to 14 August 2019
- Last cancellation date: 13 August 2019
5.3 Bidroom is authorised but not obliged to inform the member by email about the upcoming automatic renewal prior to the start of the cancellation notice period.
5.4 In case of cancellation during the prepaid membership period, the subscription remains active and the user can make reservations up until the end of the prepaid membership period. No partial refunds are available.
6. Discount codes
6.1 Discount codes are issued at Bidroom’s entire discretion. They provide the recipient with the entitlement to purchase a Bidroom membership at a reduced price. Each discount code may be used a maximum of one time per person. It is not possible to combine several discount codes.
7. Hotel bookings
7.1 Bidroom membership provides the authorisation to book stays in the Accommodations listed on the portal.
7.2 The entitlement to booking and discounts only applies if the Accommodation Provider offers the booking at the special rate on the required booking date. The entitlement to book accommodation with a corresponding discount is subject to the availability of the premises of the relevant Accommodation Provider.
7.3 The entitlement to a discount applies if the user has a valid Bidroom membership at the time of the booking. The booking at the discounted Terms and Conditions also remains valid if a valid Bidroom membership no longer exists for the user at the time of the stay, but only to the extent that the user has (in a timely manner) fulfilled his/her obligations vis-à-vis Bidroom and the Accommodation.
7.4 There are two different types of reservations available on the portal:
- Booking on request – the hotelier has 48 hours to confirm the reservation;
- Instant booking – the reservation is confirmed immediately;
7.5 Bidroom is authorised but not obliged to contact the hotelier in order to confirm the reservation. The hotel’s direct contact details will be provided to the user during the reservation process.
8. Liability and set-off
8.1 The details of Accommodations on the portal are entered and maintained by the Accommodation Providers and the portal. To the extent that this is legally possible, Bidroom is not liable for any defect in the correctness and/or completeness of the offers and/or information provided by the Accommodations.
8.2 To the extent that this is legally possible, Bidroom is specifically not liable for incorrect or out-of-date price quotations for the Accommodations on the portal.
8.3 Not all of the Accommodations have fully activated accounts, and Bidroom is not liable for the booking requests with those Accommodation Providers to the extent that this is legally possible.
8.4 To the extent that this is legally possible, Bidroom is specifically not liable for incorrect or out-of-date offers presented on the portal on behalf of our partner companies. Travel extras available on the portal are valid in accordance with Terms & Conditions provided by a respective partner. Bidroom is not liable for any event that occurs outside of its portal.
8.5. To the extent that this is legally possible, claims for damages on whatever legal basis (including but not limited to claims due to breach of duty and from illicit acts, as well as claims for compensation of futile expenditures), are excluded vis-à-vis Bidroom, as well as its legal agents and vicarious agents, unless the damage was caused intentionally or by gross negligence.
8.6 To the extent that this is legally possible, the user may not claim compensation for damages as a consequence of a challenge due to non-culpable errors and printing, advertising or transmission errors, which authorise Bidroom to challenge.
8.7 To the extent that this is legally possible and without prejudice to clauses 8.1. to 8.5., in any case, the liability of Bidroom is limited to the annual purchase price of Bidroom.
9. Amendments to the General Terms and Conditions
9.1 Bidroom reserves the right to amend these General Terms and Conditions at any time and without reason. In case of amendments the new General Terms and Conditions will be sent to you by email. The new General Terms and Conditions are deemed as accepted if you do not object to their validity within 14 days after receipt of the email. In the email, we will inform you about the option to object, the time limit and the consequences of your inaction. The objection must be issued in written form.
9.2 However, the option of amending the General Terms and Conditions does not apply to changes that impair the content and scope of the core utilisation options of Bidroom and the portal to your disadvantage, nor to the introduction of new obligations for you, which were not previously established in the General Terms and Conditions.
10. Choice of law, contract text, and contract language
10.1 The contractual relationship with you is governed exclusively by Netherlands law. If you have concluded the contract as a consumer, the compulsory consumer protection regulations of the country in which You are habitually resident are also applicable, provided that they grant you further protection.
10.2 English is the only language that may be used to conclude the contract. Terms and Conditions, along with any further relevant information pertaining to the contract agreement, are sent at the time of registration. You will receive these Terms and Conditions and any further relevant information for the contract in conjunction with the registration. All documents regarding the user relationship will be retrievable and accessible to the user. The Terms and Conditions are also retrievable at any time on the website at https://www.bidroom.com/terms
Last updated: 17 June 2020
Bidroom BV [Ltd.] iOS App End User License Addendum ("Mobile Addendum")
This Mobile Addendum is between you and Bidroom BV [“Bidroom”] and governs the use of Bidroom’s mobile applications for iOS. This Mobile Addendum is an addendum to Bidroom’s Terms of Service (https://bidroom.com/terms).
1.2 Terms of Service
To use the Bidroom iOS Apps, you must register to become a Bidroom member. In doing so, you must accept Bidroom’s Terms&Conditions (https://bidroom.com/terms)
2. Scope of License
2.1 Limited License
Bidroom grants you a limited, non-exclusive, non-transferable, revocable license to use the Bidroom iOS Apps for your personal, non-commercial purposes. You may only use the Bidroom iOS Apps on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the Apple App Store Terms of Service.
3. Maintenance and Support
3.1 Bidroom is solely responsible for the maintenance and support of the Bidroom iOS Apps. To the extent that any maintenance or support is required by applicable law, Bidroom, not Apple, shall be obligated to furnish any such maintenance or support.
4.1 Bidroom disclaims all warranties about the Bidroom iOS Apps to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Bidroom, not Apple, shall be solely responsible for such warranty.
5. Product Claims
5.1 Bidroom does not make any warranties concerning the Bidroom iOS Apps. To the extent you have any claim arising from or relating to your use of the Bidroom iOS Apps, Bidroom, not Apple, is responsible for addressing any such claims, which may include, but are not limited to: (i) any product liability claim; (ii) any claim that the Bidroom iOS Apps fail to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Mobile Addendum shall be deemed an admission that you may have such claims.
6. Intellectual Property Rights
6.1 Bidroom shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Bidroom iOS Apps. To the extent Bidroom is required to provide indemnification by applicable law, Bidroom, not Apple, shall be solely responsible for the investigation, defence, settlement and discharge of any claim that the Bidroom iOS Apps or your use of it infringes any third party intellectual property right.
7. Legal Compliance
7.1 You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8.1 Should you have any questions, complaints, or claims relating to the Bidroom app, please contact us at firstname.lastname@example.org.
8.2 Bidroom BV is registered at the address Keizersgracht 241, 1016 EA Amsterdam, the Netherlands.
9. Third-Party Terms of Agreement
9.1 You must comply with applicable third-party terms of agreement when using this Application. Your right to use this application will terminate immediately if you violate any provision of this Mobile Addendum.
10. Third-Party Beneficiary
10.1 Bidroom BV, not Apple, Inc. [“Apple”] is solely responsible for the Bidroom iOS Apps and their content. Although Apple is not a party to this Mobile Addendum, Apple has the right to enforce this Mobile Addendum against you as the third party beneficiary relating to your use of the Bidroom iOS App.
Last updated: 17 June 2020