Welcome to the terms of BookingXS.
We think it is important that you understand as much as possible what these terms and conditions are about. We hope you find these (and other) easy to understand terms. If you still have questions, you can always contact us by mail or telephone as listed on our contact page.
We offer various services that we will briefly outline below. Below we give the available conditions that apply when using the services.
SITE AND SERVICES
1. We offer our website an online platform on which providers of (holiday) accommodation offer these properties for rent or sale to any prospective renters or buyers.
2. We also provide our partners with a portal where suppliers (of vacation accommodations) offer these properties for lease to any prospective renters.
3. Both through our online platform as well as by using the portal above, the landlord Be it vendor will have access to their own website, which we call the customer website. This website offers customers the landlord or seller the opportunity to praise his property and contains a calendar.
4. Both our platform online and when using the portal, the landlord will have the opportunity to place his accommodation in different distribution channels. If the property is not only to find prospective tenants on our website or that of our partners, but also on the website of many other distribution partners. As a landlord you decide which distribution partners can choose by simply clicking on this.
- These terms and conditions regarding the use of our website and the services we provide (which we call 'the General Conditions ").
- Our policy on privacy, personal data and cookies (this is included in the "Privacy Statement")
- The general conditions that apply to a landlord or seller of a (holiday) accommodation (which we call 'the Conditions Landlord / Seller ")
- The general conditions applicable to all tenants and every landlord must impose on a tenant (this is called 'the Conditions Tenant ")
- The different terms and conditions of third parties with whom we work (which we collectively referred to as "Third Party Terms"). These third parties include the above cooperation and / or distribution partners, but also includes, for example, the Party taking the financial settlement for his account and the hosting party.
Please note that all documents referred to above contain provisions that are important to you in connection with your visit to our website and / or use of our services. You should always check what conditions apply to you in the particular case.
The Terms and Conditions, Privacy Statement and Terms and Conditions always apply when you visit the website and / or uses the services we provide. For Tenants also subject to the Conditions for Tenants and Landlords apply to the Landlord and Conditions. If you do not agree with any provision of the above documents, please do not use the Website or the services we provide. As you do so, you acknowledge and agree that you have read the documents, understood and agree to be bound.
DEFINITION OF USE
Every time we "we" use "we", "us" or "our", we mean BookingXS Operations BV located at Krammerstraat 12-2, 1078 KH Amsterdam Chamber of Commerce and registered under number 62916831. And every time we "you", "your" or "user" is, we mean the visitor to our website www.bookingxs.com and / or the buyer (user) of the service we provide (whether through our collaboration partners). Someone who is offering accommodation for rent on our website or the website of one of our cooperation partners we call landlord. Someone who accept the offer of a landlord and a property of the landlord rents are called tenant. The person who offers for sale his property, we call seller.
So you might be at the same time user and landlord.
Several documents are relevant, as has been clear from the introduction. In addition to the documents mentioned there, sometimes there are also additional conditions apply. In some cases, the same subject is addressed in several documents, but in general, the one case and in the other case specific. If the text content are similar, but contradictory, then count what's in the specific document. In addition, we apply the texts of the various documents sometimes. The latest text then goes over the older text. We'll let you know via our website if there is a new version available.
If you use our services through one of our partners, keep in mind that they also apply their own conditions. The same goes for our distribution partners. In addition, as you also said to do with the Third Party Terms.
If you make a reservation through our website or portal (via our partner), go one (contractually binding) relationship with the landlord. We will from the moment you made your reservation act solely as an intermediary between you and the accommodation provider. More on this can be found in the Terms and Conditions Landlord Tenant.
If you use our services through one of our partners, keep in mind that they may have their own privacy policies. The same goes for our distribution partners.
OPERATION OF THE WEBSITE AND SERVICES
We take great care to the website and our services to operate as effectively as possible and to ensure that the correct information can be found there. In many cases, however, we also depend on third parties. For example, the information about the accommodations offered compiled by landlords. The landlords are responsible for updating all rates, availability of accommodation and other information displayed on our website, the customer website or the partner portal. We will not verify this information. Every landlord is at all times responsible for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed.
The availability of our own website and the website for landlords is made possible by our hosting partner and technical party.
We are therefore dealing with a number of third parties, and despite the good agreements we have made with them, we will not be able to guarantee that our website, the platform, the portal and / or the customer website still without interference will be able to function or always will be available or that the information is correct it.
We are not liable for damages or costs arising from system failure, connection failure, impaired mobility, misinformation, inaccurate, misleading or non-truthful information or lack of information; the non-safe or not available from the website or service, or parts thereof, or other defect (or within) our website and / or services and to the extent permitted by law, we exclude such liability. We are not liable for damage or costs resulting from your use of our website or services. Here too we any liability to the extent permitted by law exclude. We will of course try a failure to recover as soon as possible.
If we for some reason still be liable, our liability shall be limited to:
- Where a claim by a tenant: up to the amount of the bald week price paid to the landlord for the relevant property;
- If a claim of a landlord: up to the amount of the bald week price paid to the landlord by the tenant for that property;
- In case of other users who are not tenants or landlord: a maximum amount of € 150, -.
On our website you can find a varied selection of rental and sale properties. Through the portal we make available to our partners will also find rental accommodation. All of these units are to be regarded as a database and then rest database rights as contained in the Databases. We own this database. If you need to actually speak multiple databases, we own all these databases.
Users are not permitted to share this database (do) (re-) use or to (do) on strike, unless prior written permission has been obtained from us.
In the event failed to qualify the database as a database (right) within the meaning of the Databases for whatever reason, or where the database for any other reason does not fall within the scope of any statutory provision, it is users are still not allowed to (have) parts of the database (re) use or to (do) store, (unless prior written permission has been obtained).
SOMETIMES INTELLECTUAL RIGHTS IN CONTENT AND SOFTWARE
By landlord is content on our website, the cooperation partner portal and / or set the distribution of the website. Consider, for example images, videos and texts. This content intellectual property rights. The landlord shall ensure that the intellectual property rights of the content of him (and he thus does not infringe the rights of third parties). To ensure that we, our partners and distribution partners can make use of the content is up to us and our partners a license issued by the landlord.
The intellectual property rights to other content on our website from us (or possibly from third parties which we have been given a license). The software required is provided, is available up or used by our website and services is also our intellectual property. We also reserve the exclusive ownership of all rights, names and interest in and to (all intellectual property rights), our website or the portal, including the "look and feel" and the infrastructure of our website, portal and / or services.
If you want to use the content (by us or the landlord), our software or other parts of our Web site, portal and / or services that we provide, you need written permission. Until you obtain this permission, you have no right to use the content, software or other components. For example, you have no right to copy the content (or software), store, reproduce, publish, promote, sell, integrate, use, combine, reproduce and / or publish.
OTHER RESTRICTIONS FOR USERS
There has already indicated a few things above in relation to matters to which you are not entitled to the use of the website and / or our services. Below we take a number of things on which you are not entitled.
You are not allowed to collect personal information from fellow users, landlord and / or tenant. It is also not permitted users, tenants and / or landlords to make offers of the same or similar services we provide or services other than our services. It is not allowed for any (content) information, software, products or services including those offered on our website for any commercial or competitive activity or purpose also for resale, monitor (eg spider, scrape), to reproduce, deep linking, use, copy, display or download.
- We find it important that our website and services are used in a proper manner by the different users. It goes without saying that the user's website and / or services must not abuse it. Under abuse fall in our opinion, in any case unlawful, (in our opinion) immoral, degrading or criminal behavior. If we conclude that these behaviors are addressed, we will act against it.
- We are entitled to our rights and obligations relating to the services that we offer and our website, to be transferred to third parties and third parties for these services (or our website) to commission and provide. Users will be informed about this on our website.
- If uncertainty exists regarding the interpretation of one or more provisions of these Terms and Conditions, then there should be the explanation for the actual purpose of these provisions.
- If between us and you a situation arises which is not governed by these Terms and Conditions, this situation must be assessed in the intent and purpose of these Terms and Conditions.
- If one or more provisions of these Terms and Conditions or any other agreement with us in conflict with any applicable law rule the relevant provision will lapse and will be replaced by a to be determined by our new legally permissible similar provision.
- In the case by a court ruling one or more provisions of these Terms fully or partially invalid, this shall not affect the remaining provisions of these Terms and Conditions.
- In the event of force majeure we are entitled, at its option, the execution of a possible between you and our existing contract and / or delivery of our services services to suspend or terminate the agreement without judicial intervention. We will communicate in writing and in such case we shall not be liable for any compensation. This is different only if this would be unacceptable in the circumstances to standards of reasonableness and fairness. The above is valid without prejudice to our other rights.
- Force majeure is defined as any failure can be attributed to us, because this is not due to our fault or because those under the law, legal act or generally accepted practice in traffic does not come at our expense.
- All legal relationships to which we are party, including any between us and a user agreement, only Dutch law, also if a contract wholly or partly abroad or if the party involved in the legal relationship residence has. The applicability of the Vienna Sales Convention is explicitly excluded.
- The Amsterdam District Court has exclusive jurisdiction to hear disputes. Nevertheless, we have the right to submit a dispute to a (different) legally competent court.