Term and Conditions
Document version: 1.0
Last update: June 6, 2017
Hello, and welcome to our Terms and Conditions!
This website (hereinafter referred to as "website") is part of and is offered by BCR Applied Software, office at Rosmalen (5242KM) at Eikakkerhoeven 95 and registered in the Chamber of Commerce under number NL164798699B01.
In these terms, "we", "we" or "our" refers to BCR Applied Software, and "you", "your" or "visitor" to you as the user of this website.
Changes to the terms and conditions
At any time, for any reason, we can make changes to the terms and conditions. A new version will then be published on the website. These changes do not affect to rights and obligations arising from the use of the website prior to the publication of the changes. However, your continued use of the website is subject to the new / modified terms. Check the terms and conditions regularly for changes.
Scope of our service
Our website is a search engine for holiday accommodation, hereinafter referred to as "platform". This platform is offered to providers to advertise their products (i.e. holiday accommodations) and to visitors to find and book a holiday accommodation, the platform aims to bring together the supply and demand.
We are not the contracting party in the rental of an accommodation. When you make a booking through our website, that booking is made with the provider of the accommodation in question, and we only act as an intermediary. You must read the rental agreement that you receive from the provider at all times and contact the provider immediately if you have any questions or concerns.
Any communication between you and the provider through our website is at your own risk, we are not responsible for any damage and / or errors arising from the communication; As these may occur when making a booking for instance.
The website publishes advertisements that include text, photos, prices and availability made available by (or obtained from) the providers. We are in no way responsible for the accuracy, completeness or timeliness of this content. This responsibility can not be met because we do not control the products of the providers. For instance, the price on the booking may be different from the price as shown on our website, a reason may be that there are additional charges that are not known to us or that variations occur due to currency conversions or because price components are unintentionally rounded.
However, we do our utmost to validate submitted information, for instance to reject malicious content to prevent abuse of the website.
Our platform provides a private area where providers can define their ads. The provider is responsible for keeping the product descriptions, availability, price models and other content displayed on the website up-to-date. The content is not verified by us and we are not responsible for any errors arising from the provider's input, or due to an interruption of the service (in case of maintenance, repair or malfunction) or due to upgrade of the service (for instance resulting in modification/extension of input capabilities).
Intellectual property rights
The software required by our website, our platform and the intellectual property (including copyrights) of the content and information and material on our platform (including the look and feel of the website and the infrastructure of the platform on which The service is made available), with the exception of the content of the ads (texts, photos, ...) obtained from providers, is owned by BCR Applied Software and you do not have permission to copy, scrape, publish, promote, trade, integrate, use or otherwise use our brand without prior express written permission.
By advertising as a provider on our platform, you certify, warrant and agree that you own the copyright to the content of the advertisement (this includes texts, translations, and footage) and you agree that the content may be used by us on the platform and in (online and offline) promotional material and publications. By uploading content to the platform, you accept full legal and moral responsibility of any and all legal claims that may be made by any third parties as a result of the publication or the use of the material by us. We are not the owner of the content; you will remain the owner of the content.
We respect the Intellectual Property Rights of others and we prohibit the upload, distribution and distribution of content on our website (our platform) by users when this infringes another person's intellectual property rights. If you believe that your intellectual property rights have been infringed, please contact us through the contact details under "Contact".
Use of the website
You may only use the website (i.e. registering an account or using our platform to search for a vacation rental) when you reach the age on which you can enter into a binding contract.
When you register, you are responsible for maintaining the secrecy of your login information and your account information. You are responsible for the use of our platform with your login information (with or without your permission). All information you provide to us (such as profile information) must be accurate and up-to-date. When changes occur (for example, by moving), then you must update it immediately.
The website (our platform) may be used solely for legitimate searches or for creating / managing legitimate ads and may not be used for fraudulent or speculative reservations / ads.
In addition, you agree not to do any of the following without the prior written permission of us:
- Use of the website other than:
- For personal use, i.e. look for holiday accommodations.
- Manage your ads as a provider.
- Crawling of the website with the intent to include pages in a publicly accessible search engine.
- Manual or automated scraping or retrieval of data is prohibited for both commercial and non-commercial purposes.
- Collecting personal information of others.
- Reproduce, copy, sell, trade or exploit the website or (portions of) its content.
- Use of any device or software that interferes or attempts to interfere with the normal operation of our website.
- Uploading or distributing content on our website (our platform) that violates the law or the rights of a third person or is malicious (including but not limited to viruses and trojan horses) or pornographic, illegal, obscene, offensive, objectionable or inappropriate.
- Publishing advertisements other than advertising of holiday accommodations (for which the website is intended).
Subscriptions and Payment
Registering an account on our platform is free and provides access to a private area of the website where ads can be created. However, to publish advertisement(s), a subscription is required.
The subscription offer consists of a "Startup" plan, a free no-cure-no-pay subscription that only charges fees for actual bookings, and fixed-price subscriptions where you pay a fixed amount and no additional charges are calculated for bookings and referrals. Subscriptions have an length of one year (with the exception of the Startup plan which has a length of a month), are automatically renewed and can be adjusted at any time. When you modify the subscription (upgrade or downgrade), the new subscription immediately replaces the existing one for the remainder of the length of the original subscription; the billing cycle is thus not changed and the invoice only charges the difference for the current billing cycle.
You can cancel your subscription at any time; However, the maturity is maintained. By cancelling you can prevent your subscription from being renewed automatically. Your account containing your profile and ads will remain operational after your subscription expires.
Payment can only be made through the payment options as indicated on the website.
The "Startup" plan is a free plan where only fees over actual bookings are calculated. Therefore we do ask for payment information (i.e. credit card information) when signing-up for this plan.
A number of additional definitions are applicable only to the "Startup" plan:
- It is not allowed to exchange contact information through the website with the purpose of making a booking that is not archived under the account of the provider (the home owner).
- The provider (home owner) is responsible for keeping prices in the booking requests up-to-date with the actual booking.
- The provider is also responsible for confirming (or declining) booking requests. Booking requests are automatically approved after a period of 3 months.
We endeavor to update and / or supplement the contents of this website regularly. Despite constant care and attention we pay to the composition of this website and the information contained therein, we can not guarantee the completeness, accuracy or timeliness of data and content of the website. Therefore, we do not accept liability for any direct or indirect damages of any kind arising from or in any way related to the use of the website or the platform or the accessibility of the website or not being able to safely access or due to incorrect functioning of the website.
Statements and opinions expressed in articles and announcements on the pages of this website are those of the author(s) and not (necessarily) ours, we cannot be held responsible in any way for the content and we are not liable for any direct or indirect damages resulting from the expressions.
If, for whatever reason, we are still liable, you can only receive a compensation from us no more than the subscription fees with a maximum of six months. Other losses and / or costs are not reimbursed.
BCR Applied Software
Chamber of commerce registration: 60017864
VAT number: NL164798699B01