ACCOMMODATION PROVIDER TERMS & CONDITIONS

GENERAL

  • The Accommodation Provider confirms to agree to the Terms & Conditions and Bidrooms privacy policy, which are part of this Cooperation Agreement.
  • Alterations to this agreement have to be made in writing and signed by both Parties in order to become valid
  • This Agreement shall be governed, construed, interpreted, and enforced in accordance with Dutch law. The court of jurisdiction for the contracting parties is the seat of Bidroom, Amsterdam, The Netherlands
  • Accommodation Provider cooperates with Bidroom based on the membership model, which provides commission-free bookings to Users at discounted rates.
  • Accommodation Provider joins Bidroom and works with the activation process including submitting most important information, photos and discounts level.
  • Accommodation Provider offers Users discounts, which apply to OTAs public rates at a level specified by the Accommodation Provider. These discounts can be altered according to Accommodation Providers’ wishes, but cannot be lower than 5%.

TERMS & CONDITIONS

The following terms and conditions apply to the services rendered by Bidroom International BV (hereafter referred to as “us”, “we”, “Bidroom”) or companies associated with Bidroom, through platform bidroom.com or/and any online communication platform provided by Bidroom or/and companies associated with Bidroom or/and websites and mobile applications using Bidroom’s technology to process reservations. 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, 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 centred 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) . 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 bidroom.com or/and any online communication platform provided by Bidroom or/and companies associated with Bidroom or/and websites and mobile applications using Bidroom’s technology to process reservations.
  • “Services” refers to the online communication platform provided by Bidroom or/and companies associated with Bidroom as well as websites and mobile applications using Bidroom’s technology to process reservations, through which Users and Accommodation Providers can communicate about possible reservations. It also refers to any additional services Bidroom offers and the entire technical environment in which users can browse, select and book Accommodation Provider’s offering via the website, the mobile application and or/and websites and mobile applications using Bidroom’s technology to process reservations.

Accommodation Information

  • 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.
  • Accommodation Providers are obliged to transmit all necessary information for the cooperation to Bidroom and to update this information in case of changes (especially rates and availability) immediately and independently on the Admin Panel via the provided access. Accommodation Providers are obliged to inform Bidroom immediately about restrictions / changes in the quality of the accommodation. Accommodation Providers are responsible for any complaints which result from the fact that Bidroom was not informed in advance about restrictions / changes. The full fee claim of Bidroom shall remain unaffected. Accommodation Providers undertake to fulfill their offers as shown on www.bidroom.com, in terms of service, room amenities and general accommodation description.
  • Accommodation Provider offers Users discounts, which apply to OTAs public rates at a level specified by the Accommodation Provider. These discounts can be altered according to Accommodation Providers’ wishes, but cannot be lower than 5%.
  • If Bidroom determines that an Accommodation Provider does not fulfill its services in accordance with the accommodation description on www.bidroom.com, Bidroom is entitled to delete any different points from the profile until the offered services correspond to the accommodation description or to change the offer so that the accommodation description corresponds to the actual services of the accommodation. In case of repetition, Bidroom is entitled to permanently delete the accommodation from the booking portal. Accommodation Providers are obligated to notify Bidroom without delay of changes in the service offer. Should Bidroom incur a financial disadvantage because the advertised services does not correspond to the actual services at the accommodation, the Accommodation Provider commits itself to the payment of the full fee, even if the mediated accommodation guest departs prematurely.
  • Accommodation Providers are committed to the fact that the accommodation offered at the Bidroom.com are always bookable at the same best conditions as compared to other online tour agencies and the Accommodation Providers own website decreased by discount agreed by Bidroom and the Accommodation Providers in the Cooperation Agreements. This applies prices as well as sales and cancellation conditions. Accommodation Providers are solely responsible for entering and entered rates, availability and closing dates into the Admin Panel. The Bidroom's claim of fee remains unaffected in the case of wrong inputs by the Accommodation Provider which leads to overbookings or cancelations by the Accommodation Provider. Accommodation Providers will indemnify Bidroom against all claims by Users due to false, incorrect or misleading information about the accommodation.
  • 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.

Rights of Use

  • Accommodation Providers transfer to Bidroom with the content, space and media unlimited rights of use for all information and images displayed on platform Bidroom.com, other platforms kept by Bidroom or/and companies associated with Bidroom and as well as their profiles on social media channels like facebook, pinterest, instagram, linkedIn, twitter and future social media platforms not yet mentioned here by name. The right to use expires upon termination of the contract.
  • Accommodation Providers assure that they are owners of the unrestricted rights of use and exploitation of all information and images provided and that images, photos, graphics, videos, logos supplied to Bidroom and downloaded files are not covered by third party copyright which could limit or prevent their unrestricted use by Bidroom. Accommodation Providers indemnify Bidroom from any third party claims.
  • Bidroom may at any time reject photos that do not meet the Bidroom standard. Accommodation Providers agrees that Bidroom is entitled to stop publishing the material at any time at Bidroom’ sole discretion, so that Accommodation Providers are not entitled to request use of the material by Bidroom

Accommodation Provider Membership

By adding Accommodation to Bidroom and 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.

  • The annual membership fee is calculated for each hotel separately.
  • The annual membership fee is due to Bidroom only if the Revenue Delivered indicated in the table below is delivered to the Accommodation Provider by Bidroom or companies associated with Bidroom, through platform bidroom.com or/and any online communication platform provided by Bidroom or/and companies associated with Bidroom or/and websites and mobile applications using Bidroom’s technology to process reservations within one calendar year (from 01 January up and including 31 December).
  • Revenue Delivered is calculated only based on data in Admin Panel (defined in Terms & Conditions) and is result of multiplying
  • In case the Revenue Delivered threshold indicated in the table below, entitles Bidroom to the maximum annual fee, has been reached earlier than at the end of calendar year, the annual membership fee is due to Bidroom at the end of the calendar month when this Revenue Delivered threshold has been reached.
  • Bidroom will issue to Accommodation Provider all invoices in Euro. All invoices will be sent to the Accommodation provider by email.
  •  All invoices are due and payable within 30 days of receiving an invoice without discount, set-off or other claim Accommodation Provider may have against Bidroom.
  • The following thresholds are applicable

table

VAT

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

Booking

  • As soon as a User has made a booking, the booking is binding with this delivery. Rejection of a booking, for whatever reason, is excluded. In addition, a notification can be sent by e-mail. Accommodation Providers are obligated to accept all received online bookings via Bidroom.com without exception. Due to technical uncertainties in the transmission of e-mails, Bidroom can not generally check or guarantee the delivery of the booking by e-mail. The validity of the booking remains unaffected. Legally binding for the booking is not the delivery of the booking or cancellation by e-mail, but the data recording of the bookings and cancellations in the Admin Panel. All information on bookings and cancellations can be found in the Admin Panel. Accommodation Providers shall immediately to enter all sold periods/rooms of the accommodation (regardless of which website sold a room) to the Extranet in order to avoid overbookings.
  • Accommodation Providers handle the process of card authorization, payments, and cancellations.
  • In case of incorrect credit card details of guests, Accommodation Providers have the right to cancel the booking.
  • 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. Bidroom and the Accommodation Providers mutually agree

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 public ranking on public travel platforms.

Overbooking and Cancellation

  • 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.
  • 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.
  • Accommodation Providers shall immediately enter all sold periods/rooms of the accommodation, regardless of which website sold a room, to the Extranet in order to avoid overbookings. If, due to a breach of duty, the Accommodation Provider has an overbooking and cannot provide the User with the booked accommodation to the day of arrival, the Accommodation Provider undertakes to provide the User with a replacement accommodation at the same or higher cost and quality at his own expense. If the Accommodation Provider does not succeed in providing a replacement accommodation in the same period or at a higher cost and quality, Bidroom will try to obtain an accommodation for the User. Any additional costs for the replacement accommodation will be borne by the originally booked accommodation, even if the accommodation price is higher than the originally booked by the User. In case of cancellation by the Accommodation Provider due overbooking, the Accommodation Provider is obliged to pay the lost Bidroom fee.
  • The full fee is due to Bidroom if a booking which is not or only partly made is due to a mistake of the accommodation provider. Same occurs if a traveller complains on the spot booked services of the accommodation and thereby a discount on the original travel price from the Accommodation Provider gets granted. Also the full fee is due, if a travel customer on the day of arrival or during the booked stay has to leave the accommodation because of unacceptable conditions. Unacceptable conditions are e.g. Lack of hygiene, described travel services are not available, construction noise as well as other reasons, which justify a premature departure. Excluded from this is a default due to impossibility.

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 or/and companies associated with Bidroom are expressly excluded from the liability of offered accommodation services. Bidroom or/and companies associated with Bidroom are 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

  • In case of a Force Majeure Event, as a guideline, 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.
  • Solving the Force Majeure Event is however at the sole discretion of the Accommodation Provider, guided by applicable local general or specific consumer law. We, as Bidroom, will not charge Accommodation Providers for a credit to a User, without agreement to do so.

Credit Cards

  • 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
  • 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.
  • 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.
  • 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.
  • 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

Right of modification

Bidroom reserves the right to amend the membership fee structure and this Terms & Conditions at any time should this be necessary from a technical or legal or fiscal point of view or to optimize booking processes. Bidroom will inform Accommodation Providers of any changes

Deactivation of Accommodation Providers and Termination of Cooperation

  • The Cooperation Agreement may be terminated and Accommodation Provider may 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.
  • Bidroom reserves the right to terminate the Cooperation Agreement immediately and 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 terminate the Cooperation Agreement immediately and to deactivate Accommodation Providers based on overly negative feedback received from Users of Bidroom
  • Bidroom reserves the right to terminate the Cooperation Agreement immediately and to deactivate Accommodation Providers in case if the Accommodation Operator deliberately transmits higher prices to Bidroom via connective partners than those offered on other or own websites for the accommodation, so that it is no longer possible for Bidroom to offer competitive prices for the accommodation concerned.
  • Termination of the Cooperation Agreement and deactivation of Accommodation Provider does not discharge Accommodation Provider from the obligation to pay any outstanding fees.
  • Bidroom.com reserves its right to decline the activation of a property on the platform without providing substantiation.
  • In the event of termination of the Cooperation Agreement and deactivation of Accommodation Provider all open bookings on the part of the Accommodation Provider should be carried out as if the contract were in force

Salvatory clause

In the event that a clause of these Terms & Conditions is ineffective, this does not affect the remaining part of the Terms & Conditions.

Translated versions

Versions translated into other languages are used to improve comprehension. In cases of dispute about the content or interpretation of these general terms and conditions, contradictions or discrepancies between the English language version and one in another language, the English language version is binding and conclusive.

Transfer of the Cooperation Agreement

Bidroom has the right to transfer Cooperation Agreement to companies associated with Bidroom.

Governing Law and Jurisdiction

These Terms & Conditions shall be governed, construed, interpreted, and enforced in accordance with Dutch law. The court of jurisdiction for the contracting parties is the seat of Bidroom, Amsterdam, The Netherlands.

These "Terms & Conditions" together with the "Bidrooms privacy policy" are mandatory fixed elements of the Cooperation Agreement.

Last update: July 2021