General terms and conditions Bookaglamping.com. A Booka Rentals company.
- The following terms shall, when written with a capital letter, bear the meanings indicated below.
Accommodation a residential property let through Booka Rentals Account an account with Booka Rentals, to be accessed by a Member using his username and password Booka Rentals the limited liability company under the laws of the Netherlands (besloten vennootschap met beperkte aansprakelijkheid) Booka Rentals, the user of these Terms Client a person using the Services Listing the listing of an Accommodation on the Website Member Content any images, texts, video, files and other works to which a Member has the rights Member a Client who has an Account with Booka Rentals Owner a Member letting or looking to let Accommodation to a Traveller via Booka Rentals Rent the rental price of the Accommodation, as determined by the Owner, which price excludes all fees payable to Booka Rentals and third parties Service Fee the fee charged by Booka Rentals to the Member as referred to in article 3.2 Services the services offered by Booka Rentals to Clients, as referred to under article 3.1 and other articles of these Terms Terms these general terms and conditions of Booka Rentals Traveller a Member renting or looking to rent Accommodation from an Owner via Booka Rentals Website the website of Booka Rentals, to be accessed via, inter alia, Bookaglamping.com
- Terms defined above in the singular shall include the plural and vice versa.
- The following terms shall, when written with a capital letter, bear the meanings indicated below.
Applicability of Terms
- By using any of the Services, you agree to comply with and be legally bound by the Terms contained herein. The applicability of general terms and conditions other than these Terms is explicitly excluded.
- All provisions of these Terms are binding upon all Clients, irrespective of whether a provision is targeted at Owners, Travellers or others. Any reference to a certain type of Client only implies that such provision is relevant mainly for such Client.
- In case of conflict between any clause of these Terms and any clause of any other contract entered into between Parties, the former shall prevail, unless Parties have explicitly derogated from these Terms in writing, indicating the specific clause from which is being derogated.
- Booka Rentals reserves the right to modify these Terms at any time and without prior notice. The modified Terms will be published on the Website. Owners will be notified about any changes. By continuing to use the Services, you agree to the modified Terms.
- If one or more provisions of these Terms at any time prove to be wholly or partly invalid, the remaining provisions of these Terms will continue to be fully applicable. The invalid provision shall be deemed to be replaced by a valid provision which corresponds to the original provision as much as possible or, at the discretion of Booka Rentals, shall after consultations between the Parties be replaced by a new provision which corresponds to the original provision as much as possible.
Scope of the services
- Booka Rentals provides an online platform connecting Owners and prospective Travellers who are looking to rent Accommodations provided by Owners. On this website (Bookaglamping.com) users can communicate with each other and conclude agreements. Booka Rentals itself does not offer, own, manage, control or let Accommodations, nor does it act as an intermediary for the lease of property. Booka Rentals merely offers a platform to Owners and Travellers and as such provides to both Owners and Travellers a website listing Accommodations, a secure communication and payment system as well as various other related services.
- For the use of its Services, Booka Rentals charges a Service Fee to its Members when renting or letting an Accommodation. This Service Fee is calculated as a percentage of the applicable Rent. The Service Fee is included in the price shown to prospective Travellers. Support to Members is always provided free of charge.
- Agreements are exclusively concluded between Owners providing the accomodations and Travellers renting the accommodations. Booka Rentals itself is not a party to the rental agreement. However, whereas the Accommodations are owned and let by third parties, Booka Rentals will use commercially reasonable efforts to ensure you enjoy your stay in the Accommodation as much as possible. To that end, Booka Rentals will, amongst other things, act as a first point of contact for Members, mediate between Members if any problem occurs or solve problems at its own discretion.
- Booka Rentals does not examine accuracy, legality or completeness of the advertisements published on the platform. Also the advertisements do not represent the views of Booka Rentals nor is it responsible for offerings or content of third-parties.
- You acknowledge that you will enter into a rental agreement with the Owner letting Accommodation when you rent such Accommodation through Booka Rentals, and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Owner. Consequently, when you let Accommodation through Booka Rentals, you will enter into a rental agreement with the Traveller renting such Accommodation. Booka Rentals is not a party to any such rental agreement and will not be responsible for the performance of any of the obligations under such agreement.
- When you rent or let Accommodation through Booka Rentals, you will also enter into a service agreement with Booka Rentals subject to these Terms. Under this agreement, Booka Rentals will provide various Services such as customer care to you, irrespective of whether you are a Traveller or an Owner.
Booka Rentals Account
- To book or publish Accommodations you must have an Account. Anyone can create an Account and thus become a Member. In order to create an Account, you must provide accurate, current and complete information as requested during the Account creation process. You shall keep such information accurate, current and complete. Booka Rentals reserves the right to refuse an Account.
- You shall not disclose your password to any third party and shall take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions.
- In case you fail to fulfil any of your obligations under these Terms, Booka Rentals may, in its own discretion, without prior notice, at any time and without liability to you decide to limit, suspend, deactivate or cancel your Account. As a consequence of cancellation, any confirmed bookings or bookings requested by you or regarding your Accommodation may be cancelled.
- You may cancel your Account at any time via the Website. Such cancellation will not affect any confirmed bookings nor any rental agreements with other Members. Booking requests will be cancelled or rejected automatically.
- Creation of an account is only available to natural persons, legal persons and partnerships that are fully legally competent. The registration of a legal person is allowed only by a natural person with power of representation who must be named. Only individual persons may be given as the owner of a property (so no married couples, families, etc).
- When registering the user must provide up-to-date, accurate and complete information as required by the registration form. In particular first- and last name, current address (this may not be a PO Box), valid email address and when applicable the name of the company and authorized representative.
- You as a Client are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the Services. In connection with your use of the Services, you will not:
- violate any law or regulation or any order of a court, or infringe the rights (such as intellectual property, privacy or contractual rights) of Booka Rentals, other Clients or any third person;
- use the Services or any information provided by Booka Rentals for any purposes that are not expressly permitted by these Terms;
- tamper with, interfere with or damage our Website and other Services, or use automated software, devices, scripts, robots or other means or processes to access or use our Website or to collect information from our Website;
- use our name, trademarks, Website or other Services in connection with the distribution of unsolicited e-mail or advertisements unrelated to lodging in a houseboat;
- offer, as an Owner, any Accommodation that you do not yourself own or rent, or list Accommodations as an Owner if you are serving in the capacity of an agent for a third party;
- offer any Accommodation that may not be rented or subleased pursuant to an agreement with a third party, such as a property rental agreement;
- register for more than one Account, register for an Account on behalf of an individual other than yourself, or misrepresent yourself or your affiliation with any person or entity;
- request, book or stay at any Accommodation that you will not actually be staying at yourself;
- contact another Member for any purpose other than asking a question related to a booking, such Member's Accommodations or Listings or such Member's use of the Services;
- recruit or otherwise solicit any Member to join third-party services or websites that are competitive to Booka Rentals;
- use the Services to connect to Members and then book or let an Accommodation without using the Services and/or without paying a Service Fee to Booka Rentals;
- post, upload, publish, submit or transmit to other Members or to Booka Rentals or its Website any content that: (i) infringes a third party's intellectual property rights; (ii) is contrary to public morality; or (iii) incorrect, misleading, inaccurate, deceptive or fraudulent; or
- encourage or assist any other Client or third party in doing any of the foregoing.
- The Client will only use his account himself and keep his password safe.
- The Client is liable to Booka Rentals for all actions performed using his Account, unless the Client is not responsible for the misuse of the Account.
- Once a Client is aware that third parties have access to his Account, he must immediately notify Booka Rentals. Booka Rentals my in her sole discretion block the Account until the situation is clarified.
- The Client is responsible himself for archiving all data that can be saved and viewed on the Website if Booka Rentals on a storage medium independent from Booka Rentals.
- You as a Client are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the Services. In connection with your use of the Services, you will not:
- As an Owner, you may create a Listing. In order to create a Listing, you shall provide all requested information about the Accommodation to be listed. Other Members will be able to book the listed Accommodation based upon the information provided in the Listing. As an Owner, you warrant that any Listing you create correctly and faithfully represents the listed Accommodation.
- You acknowledge that you are responsible for any and all Listings you create. Accordingly, you warrant that any Listing you create and the booking of, or a Traveller's stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws (see appendix 1) and rules and regulations that may apply to such Accommodation, and (b) not conflict with the rights of third parties.
- As an Owner, you agree that other Members as well as Booka Rentals itself may place reviews about your Listing on the Website.
- In case you fail to fulfil any of your obligations under these Terms, Booka Rentals may, in its own discretion, without prior notice, at any time and without liability to you, decide to remove or disable access to any Listing.
- Booka Rentals reserves the right to promote your Listing as featured property.
- To book an available Accommodation, a Traveller must request a booking with the Owner using the Website. The Owner will be required to confirm the booking request within 72 hours from the receipt of the booking request.
- Depending on the Owner's payment policy, the Traveller shall pay the booking in full or partial upon receiving the Owner's confirmation. A reservation to such amount shall be made when requesting the booking, which amount shall be debited after the Owner has confirmed the booking. If the Traveller's preferred payment method does not allow a reservation, Booka Rentals will send a payment request to the Traveller after the Owner has confirmed the booking.
- In case a partial payment policy is active the second 50% of the payment shall be deducted automatically from the chosen payment method if possible. This recurring payment can be stopped by cancelling the booking. Funds will be refunded according to the cancellation policy active during booking.
- A confirmed booking request will be cancelled automatically if the amount due un-der the applicable payment policy has not been paid for within 72 hours from the confirmation of the Owner.
- If the Owner does not confirm a booking request within 72 hours, any amount collected or reserved on the selected payment method by Booka Rentals with respect to the requested booking will be refunded to the Traveller, or released.
- If the Owner confirms the booking and the Traveller has paid for such booking the dates of the booking will be marked as unavailable in the relevant Listing's availability calendar. Until the dates have been marked as unavailable, the Accommodation may be booked by other Members.
- Both the Traveller and the Owner may change the dates and duration of the requested booking, the price of the Accommodation for such booking and the number of people staying at the Accommodation. Owners who let several Accommodations may also change the Accommodation. As an Owner, you may refuse the changes made to a booking request by the Traveller. As a Traveller, you may cancel the booking if you do not agree to changes made to the booking request by the owner, in which case you will receive a full refund of all amounts paid with respect to such booking.
- As an Owner, you must choose one of the security deposit policies offered by Booka Rentals.
- If an advance security deposit is required by the Owner, Booka Rentals will, on behalf of the Owner, try to make a reservation for the required amount through the Traveller's preferred payment method. If Booka Rentals fails to make such reservation, the Traveller will be requested to authorise the reservation himself or to fulfil the deposit in cash on arrival.
- Booka Rentals will use its commercially reasonable efforts to address Owner's requests and claims related to security deposits, but is not responsible for administering or accepting any claims by Owners related to security deposits, and disclaims any and all liability in this regard.
- The Owner shall, prior to the Traveller's arrival at the Accommodation, provide access and arrival instructions to the Traveller by e-mail .
- The Owner shall honour a confirmed booking and provide the booked Accommodation to the Traveller during the period agreed upon between such Members. The Owner warrants that the Accommodation is available to the Traveller, neat, clean and in a good state of repair on the moment of the Traveller's arrival.
- When staying at the Accommodation, the Traveller shall treat such Accommodation with due care and diligence. Subject to the rental conditions imposed by the Owner, after the travel period the Traveller shall leave the Accommodation in a proper state.
- As a Traveller, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that an Owner claims otherwise and provides evidence of damage, you shall pay to the Owner the costs of reparation or, at the Owner's discretion, the costs of replacing the damaged items. Such costs may be deducted from the security deposit.
- If a Traveller stays at the rented Accommodation longer than agreed upon with the Owner, the Owner may charge the overstaying Traveller twice the original average nightly Rent, plus applicable taxes and fees, for every day, or part thereof, the Traveller overstays without the Owner's consent. Any costs for removing the overstaying Traveller from the Accommodation may be charged to the Traveller or deducted from the security deposit.
- Before you inform Booka Rentals on any complaints regarding a Member, a Listing or an Accommodation, Booka Rentals asks you to first discuss such complaint with the Member involved. If such consultation does not lead to an amicable arrangement, or if you prefer not to discuss the complaint with the Member involved, you may contact Booka Rentals.
- As a Traveller, you should submit any complaints about an Accommodation or its Owner to Booka Rentals as soon as possible, but in any case within 24 hours after your stay at such Accommodation has begun, in order to qualify for a possible refund. As an Owner, you should submit any complaints about a Traveller to Booka Rentals within 24 hours of the end of his stay at your Accommodation in order to qualify for a possible compensation from the security deposit. Any other complaints, whether from a Traveller or from an Owner, should be submitted to Booka Rentals within a reasonable time period from the moment the complaint has risen.
- Complaints shall be submitted to Booka Rentals by means of the contact form on the Website.
- Upon receipt of a complaint, Booka Rentals will assess the complaint. Booka Rentals may contact the other Member to ask him to reply to the complaint. Booka Rentals may also choose to visit the Accommodation which is the topic of a complaint, or to have such Accommodation visited by a local agent.
- In case the complaint was filed by a Traveller, Booka Rentals may, in its sole discretion but only after hearing the Owner, decide to deduct a reasonable amount from the Rent, or future Rent, to compensate the Traveller for his complaint. If the complaint proves to be unfounded, or if the complaint does not warrant compensation to the Member, Booka Rentals may decide not to compensate the Traveller for his complaint.
- In case the complaint was filed by an Owner, Booka Rentals may, in its sole discretion but only after hearing the Traveller, decide to withhold a reasonable amount from the security deposit to compensate the Owner for his complaint. In addition to the amount of the damages, Booka Rentals also withholds transaction costs, possible exchange fees, VAT and a €20 handling fee. If the complaints proves to be unfounded, or if the complaint does not warrant compensation to the Member, Booka Rentals may decide not to compensate the Owner for his complaint.
- In case the complaint does not have a relation to a Traveller's stay in an Accommodation, or the resolutions referred to under article 5 and 11.6 do not suffice, Booka Rentals may choose to resolve a complaint in its own discretion. Such resolutions include the removal of a Listing or the cancellation of an Account.
- The Accommodation prices shown on the Website include the Rent, cleaning costs, the Service Fee as well as VAT, unless indicated otherwise. Prices shown on the Website do not include payment fees, exchange fees, security deposits or additional costs to be paid to the Owner, unless indicated otherwise.
- Members may select a preferred currency in which prices will be displayed. If this is another currency than the currency in which the Accommodation price is calculated, Booka Rentals converts the Accommodation price to your preferred currency.
- Booka Rentals may, in its sole discretion, round up or round down amounts that are payable from or to Owners or Travellers to the nearest whole functional base unit in which the currency is denominated. In case a currency is denominated in large numbers, Booka Rentals may round up or round down amounts to the nearest 10, 100, 1.000 etc. of the currency.
- Owners may pledge to donate part of the Rent to a particular cause. Booka Rentals does not take any responsibility or liability for whether the Owner does make the donation he pledged to make.
- As an Owner, you must choose one of the payment policies offered by Booka Rentals. Depending on the applicable payment policy, a Traveller will be required to pay the Rent and applicable fees at once or in instalments. Any booking made within thirty days of arrival at the Accommodation should, regardless of the payment policy chosen by the Owner, be paid for in full immediately upon confirmation of the booking.
- Booka Rentals serves as the authorised payment collection agent of the Owner for the purpose of accepting, on behalf of the Owner, payments from Travellers of such amounts stipulated by the Owner.
- Upon payment to Booka Rentals of an amount due to another Member, your payment obligation with respect to such amount is extinguished. Booka Rentals is responsible for remitting the amount less the fees and if applicable, the VAT in respect of such fees, in the manner described in these Terms.
- When the booking is confirmed by the Owner, Booka Rentals will collect the Rent on behalf of the Owner, as well as the applicable fees. Upon such collection, Booka Rentals will hold the Rent in deposit.
- If you, as a Traveller, choose to pay the Rent in another currency than the currency in which the Accommodation price is calculated, you are required to pay the Accommodation price in full, either immediately upon booking or immediately upon the confirmation as referred to in article 1, plus an exchange fee of 5%, regardless of the payment policy of the Owner. Booka Rentals will use the most recent ECB foreign exchange reference rates in order to determine the Accommodation price in your preferred currency.
- Payment of the Rent to the Owner will be made in the currency in which the Accommodation price is listed and will be initiated within 48 hours from the Traveller's arrival at the rented Accommodation, but only when Booka Rentals has not received any complaint from the Traveller concerning the Accommodation. If Booka Rentals receives a complaint regarding the Accommodation from the Traveller, the complaint will be reviewed before the Rent is being transferred to the Owner.
- Booka Rentals may engage the services of a third party for the collection and payment of Rent and fees. Such third party may charge a payment fee, both to Travellers and to Owners. Such payment fees are not included in the Accommodation price. Booka Rentals will also not be responsible for any costs or fees charged by a Member's bank or other payment collector.
- Booka Rentals may at any time set off any amount owed by you to Booka Rentals with any amount payable by Booka Rentals to you.
- Booka Rentals's obligation to pay the Rent to the Owner is subject to and conditional upon successful receipt of the payment of such rent by the Traveller to Booka Rentals.
- As a Member, you agree that all invoices and statements will be issued by e-mail only.
- As an Owner, you are obliged to include all applicable taxes in the Accommodation price to be displayed in a Listing.
- For Members based in the European Union, the Service Fee is subject to VAT. In respect of the VAT on the Service Fee, all Members are deemed to be private persons, unless you are a professional Owner and have registered yourself as such by providing your valid VAT number through the Website. In such case, the VAT on the Service Fee charged to you as a professional Owner will be reverse-charged to you, unless you are based in the Netherlands, in which case the VAT on the Service Fee is payable in any event.
- As an Owner, you are solely responsible for determining (i) your applicable tax reporting requirements, (ii) the taxes that should be included, and for including taxes to be collected or obligations relating to applicable taxes in the Listing, and (iii) the payment of any reverse-charged VAT on the Service Fee. You are solely responsible for remitting to the relevant authority any taxes included or received by you.
- As an Owner, you must choose one of the cancellation policies offered by Booka Rentals. Depending on the applicable cancellation policy, a Traveller may be allowed to cancel his booking, after which he may receive a full or partial refund of the Rent. Service Fees, exchange fees and payment fees will not be refunded. In case the Traveller has paid for the Accommodation in another currency than the currency in which the Accommodation price was calculated, the Rent or part thereof will be refunded in the former currency. The amount of such refund, which shall be reduced by the applicable exchange fees, shall be determined using the ECB exchange rate applied to the payment referred to under article 5.
A). In case the Traveller has not fully paid the Accommodation 25 days before arrival, the Owner has the right to cancel the booking without ‘Owner penalty (arti-cle 15.4)’. Subject to the applicable cancellation policy, the Traveller may receive a refund of the amounts already paid.
B). In case the Traveller has only paid 50% to Booka Rentals and the remaining 50% is paid to the Owner (in)directly, full Service Fees will be withheld from the 50% pay-out to the Owner by Booka Rentals.
C). In case only 50% of a booking is paid and the booking is cancelled, while the Cancellation Policy permits a 50% pay-out to the Owner, full Service Fees will be withheld from the 50% pay-out to the Owner by Booka Rentals.
- As exception to article 15.2, if an Owner accepts a 50% pre-paid booking request within 30 days before arrival the cancellation policy for that booking will be set to the 'flexible' policy automatically in order to provide the traveller a reasonable amount of time to fulfil the whole payment.
- An Owner may cancel a confirmed booking for other reasons than referred to under article 3 and article 15.2. In case of cancellation for other reasons, the Traveller will receive a full refund of the Rent and the Service Fee, within a reasonable time of the cancellation. Booka Rentals may apply reasonable penalties or consequences to the Owner or the relevant Listing, including (i) publishing a review on the Listing indicating that a reservation was cancelled, (ii) keeping the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, (iii) imposing a cancellation fee, and/or (iv) charging currency exchange losses suffered by Booka Rentals due to having to refund the Traveller in a currency different from the currency in which the Accommodation was listed.
- In certain circumstances, other than those specified in these Terms, Booka Rentals may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking. In such case, all amounts paid by the Traveller with respect to such booking will be refunded. Booka Rentals does not accept any liability arising from such cancellation.
- The Website and other publications of Booka Rentals as well as its logos and trademarks are the exclusive property of Booka Rentals and/or its licensors. You may access and view such content, but shall not infringe any rights of Booka Rentals and/or its licensors to such content.
- Booka Rentals may permit you to publish or transmit Member Content. By making available any Member Content through our Services, you grant to Booka Rentals a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sub-license, to use, view, copy, modify, distribute, sell, transfer, display, transmit, and otherwise exploit such Member Content by means of the Services.
- As a Member, you are solely responsible for all Member Content that you make available through the Services. Accordingly, you warrant that: (i) you are authorised to make such Member Content available through the Services and to grant to Booka Rentals the rights referred to in article 2; and (ii) neither the Member Content itself nor your or Booka Rentals' publication or transmission thereof will infringe any third party's right.
Limitation of Liability
- The liability of Booka Rentals for damage of any kind related to its Services is limited to (a) the Service Fees you have paid to Booka Rentals for bookings in the twelve months prior to the event giving rise to the liability; or (b) € 100 if you have not paid any Service Fees to Booka Rentals in the twelve months prior to the event giving rise to the liability. The liability of Booka Rentals for any damage related to the use of calendar synchronisation functions is entirely excluded. The aforementioned limitations of liability will not apply in case the damage is due to Booka Rentals's deliberate intent or wilful recklessness (opzet of bewuste roekeloosheid).
- Under no circumstances shall Booka Rentals be liable for any indirect or consequential damages (gevolgschade), nor shall Booka Rentals be liable for damages resulting from the rental agreement entered into between the Owner and the Traveller.
- The use of the Services is at your own risk. To the maximum extent permitted by law, the entire risk arising out of use of Services remains with you. The Website and other Services are provided “as is”, without warranty of any kind.
- You are solely responsible for all of your communications and interactions with other Clients. You acknowledge that Booka Rentals does not have an obligation to conduct background checks on any Member. You shall take reasonable precautions in all communications and interactions with other Clients, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by Booka Rentals. Booka Rentals explicitly disclaims all liability for any act or omission of any Traveller or other third party.
- You indemnify (vrijwaren) Booka Rentals and its officers, directors, employees and agents against any claims, liabilities and damages arising out of or in any way connected with (a) any violation of these Terms by you or on your behalf; (b) your Member Content; (c) your (i) interaction with any other Client, (ii) booking of an Accommodation, or (iii) creation of a Listing; (d) the use, letting or rental of an Accommodation by you.
- The Client has no legal claim to permanent use of the Website. Booka Rentals is not required to ensure that the Website is available at all times. However, Booka Rentals, will take all reasonably acceptable measurements to keep the Website performing with as little disruptions as possible and develop it to keep Clients as satisfied as possible.
- Any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You will not attempt to impose liability on or seek any legal remedy from Booka Rentals in respect to such actions or omissions.
- These Terms shall be interpreted solely in accordance with the laws of the Netherlands.
- Any dispute arising between the Parties shall be brought before the courts of Amsterdam, the Netherlands, unless Booka Rentals wishes to enforce any of its rights against you, in which case it may elect to do so in the courts of the jurisdiction in which you are resident.
Appendix 1. Local legislation
Applicable (local) laws, as meant in article 7.2, vary per location. To help owners out with local legislation we're starting a list with links to this local legislation. This list does not claim to cover all local legislation. Nor does is it complete. It should be seen as a starting point, at most. For:
- Amsterdam, click here.