Bidroom BV [Ltd.]

General Terms and Conditions

Keizersgracht 241, 1016 EA Amsterdam, the Netherlands (hereinafter referred to as "Bidroom")

Preliminary remark

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 authorized to book accommodations offered via the internet Portal and mobile application with the operators of the accommodations. By booking accommodation, registered users enter into a direct contractual relationship with the Accommodation Provider, and Bidroom acts solely as an intermediary between the registered user and the Accommodation Provider.

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/We/Us/Our” means Bidroom BV a limited liability company incorporated under the laws of the Netherlands and having its registered address at Keizersgracht 241, 1016 EA Amsterdam, the Netherlands;
  • “Portal” means the website, mobile application, and White Label pages operated by Bidroom on which the services and benefits are made available;
  • "User/Member/You" means the individual persons registered on the Portal as a user;
  • "Accommodation Provider" means the provider and/or operator of accommodation which is offered through the Portal;
  • "Accommodation" means the accommodation offered by the Accommodation Provider through the Portal.

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 need to provide your email address and your name. The email address must belong to you and be functional. You can also register using your social media accounts by connecting your profile and personal data associated with it with Bidroom. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. Bear in mind that entering third-party data is not permitted.

2.3 Your login details (username and password) may only be used by you. You may not register more than one account or transfer your account to someone else. 

2.4 You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Bidroom if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. In such a case, we will block your account immediately as a preventative measure.

2.5 You are responsible and liable for activities conducted through your Bidroom account unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). 

2.6 You, as the user, are obliged to ensure that email messages from Bidroom reach you and that their delivery is not prevented by security-checking safeguards (particularly spam filters).

2.7 The user agreement is concluded with the process of registration.

3. Bidroom membership

3.1 The services offered by Bidroom can be accessed only by registered users; 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 authorized to acquire a Bidroom membership. Your Bidroom membership is personal and not transferable.

3.2 Detailed information about currently available membership options is retrievable at any time on the website at www.bidroom.com.

3.3 Users can manage their personal details and membership plan directly from the user’s account. Users will be provided with a choice to upgrade to the premium membership, cancel their current membership plan or deactivate the entire account at any time and it's their decision to do so. 

3.4 Your membership with full access to the services provided by Bidroom 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 When the membership fee is applicable, it 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 In case of the membership extension, 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 canceled 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 Bidroom is authorized but not obliged to inform the member by email about the upcoming automatic renewal prior to the start of the cancellation notice period.

5.3 In case of cancellation during the prepaid membership period, the subscription remains active and the user can fully use the service provided by Bidroom up until the end of the prepaid membership period. No partial refunds are available. If you decide to cancel your paid plan, the membership will expire automatically at the end of the prepaid period and your user account will be downgraded to the free version. Bear in mind that the option to completely deactivate your account is available in the user profile at all times. 

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 authorization 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 authorized 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. Partner Deals 

8.1 The Portal may display offers that are not directly sourced from Accommodation Providers but are facilitated by a Bidroom partner company and contain links to third-party websites, applications, services, or resources (Partner Deals) that are subject to different terms and privacy practices

8.2 All Partner Deals are accessible from the user profile. Discounts and special offers provided by Partners are directed only towards a closed group of Bidroom members. 

8.2 Bidroom reserves the right to divide Partner Deals between respective membership plans at Bidroom’s entire discretion. 

8.3 To the extent to which it is legally possible, Bidroom is specifically not liable for any aspect of such offers presented on the Portal on behalf of our Partners and links to Partners’ websites. Partner deals 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.

9.  Extra services

9.1 Bidroom reserves a right to include extra services into respective membership plans which costs will be paid by Bidroom. Each extra service will apply in accordance with dedicated Terms & Conditions that can be found in the list below:

  • Travel insurance: click here to access travel insurance Terms & Conditions and IPID.

10. Liability and set-off

10.1 The details of Accommodations on the Portal are based on the information provided to Bidroom by Accommodation Providers. The Accommodation Providers are given access to Bidroom systems and extranet through which they are fully responsible for updating all rates/fees/prices, availability, policies & conditions, and other relevant information. Each Accommodation Provider remains responsible at all times for the accuracy, completeness, and correctness of the information displayed on 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 Accommodation Providers.

10.2 To the extent that this is legally possible, Bidroom is specifically not liable for any inaccuracy relating to the descriptive information (including rates, availability, and ratings) of the Accommodation Provider made available on Portal, and the services rendered or the products offered by the Accommodation Provider or other Bidroom Partners.

10.3 Bidroom is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Portal. 

10.4 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.

10.5 To the extent that this is legally possible, neither Bidroom nor any of its agents, officers, directors, employees, representatives, subsidiaries, affiliated companies shall be liable for any punitive, special, indirect, or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim unless the damage was caused intentionally or by gross negligence.

10.6 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 authorize Bidroom to challenge.

10.7 To the extent that this is legally possible, and without prejudice to clauses 10.1. to 8.7. Bidroom shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your annual membership fee.

11. Amendments to the General Terms and Conditions

11.1 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.

11.2 However, the option of amending the General Terms and Conditions does not apply to changes that impair the content and scope of the core utilization 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.

12. Privacy

12.1 Bidroom gives the highest priority to protecting your information. For further information please refer to the privacy policy which can be accessed via the link:  https://www.bidroom.com/pages/privacy

13. Force Majeure

13.1 Bidroom shall not be liable for any delay or failure to perform resulting from circumstances (force majeure events) beyond the control of Bidroom whose performance is being affected, including but not limited to natural disasters, epidemics, governmental or regulatory actions or restrictions, sanctions, embargoes, hostilities of any kind, wars, civil wars, terrorist acts, riots, insurrections, nuclear incidents, EMP, essential utility failure, etc. 

14. Salvatory clause 

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

15. Choice of law, jurisdiction

15.1 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.

15.2 Any dispute arising out of these Terms and Conditions shall exclusively be submitted to the competent courts in Amsterdam, the Netherlands. Notwithstanding the foregoing jurisdiction clause, If you have concluded the contract as a consumer, you may also bring proceedings in respect of the enforcement of these Terms and Conditions in the courts of the country in which you are domiciled. 

15.3 If you have concluded the contract as a consumer you may access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that Bidroom is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers, in particular, is not committed nor obliged to participate in, an online dispute resolution before a consumer dispute resolution institution.

16. Contract language, translated versions, contract text

16.1 English is the only language that may be used to conclude the contract. 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.

16.2 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: 2 August 2021

Bidroom BV [Ltd.]  iOS App End User License Addendum ("Mobile Addendum") 

1. Acknowledgement

1.1 Parties

This Mobile Addendum is between you and Bidroom BV a limited liability company incorporated under the laws of the Netherlands, and having its registered address at Keizersgracht 241, 1016 EA Amsterdam, the Netherlands (“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. Warranty

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, defense, 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. Contact 

8.1 Should you have any questions, complaints, or claims relating to the Bidroom app, please contact us at office@bidroom.com.

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: 2 August 2021