https://www.booking.com/content/terms.it.html?aid=356980&label=gog235jc-1BCBQoggJCBXRlcm1zSDNYA2hxiAEBmAEJuAEHyAEP2AEB6AEBiAIBqAIDuAKf0rCABsACAdICJDg0NTJlNGY2LTlhYTMtNDZkYS05OTg1LWVmMTA5NjczNzI0MdgCBeACAQ&sid=fcc464f30eae9a7695b6c425d2982c61&tmpl=docs%2Fterms-and-conditions&lang=it&soz=1&lang_click=other;cdl=en-gb;lang_changed=1
2021-01-23 14:50:23
Travel Terms and Conditions
Contents
Code of good practice
Terms and Conditions - Introduction
Terms and conditions:
Definitions
Purpose and nature of our Service
Pricing, We refund price differences, Genius program and offers from a partner company
Privacy e cookie
Free service for customers, only travel providers pay
Credit card or bank transfer
Advance payment, cancellation, no-show and "Good to know" information
(Correspondence and further communications)
Ranking, Favorite Structures Program, stars and guest reviews
Disclaimer of Liability
Intellectual Property Rights
Applicable law, jurisdiction of belonging and dispute resolution
Information about Booking.com and support companies
Code of good practice
Our mission is to give everyone the chance to explore the world, providing access to the best places in the world to stay and fantastic places and attractions to visit, in the easiest way possible.
To achieve this, we will apply the following good practices:
You are important to us: this is why we offer you our Platform and customer support in more than 40 languages
We allow you to explore the world: 1.5 million properties, from luxury (luxury) to anything that meets your needs for your next stay in a hotel, motel, hostel, B&B, etc., anywhere in the world
We make attractions and other Travel Providers available to you and let you discover them
We can facilitate the payment of any ticket (including entry), purchase or rental of any Travel product or service that uses our payment service.
We are at your disposal (every day, 24 hours a day): our customer support helps you 24-7-365-40 +
We take your needs into consideration: our Platform is the product YOU (user) prefer and consider most convenient when using our service
We listen to you: we show uncensored reviews (from customers who have actually stayed)
We promise you an informative and easy-to-use website that guarantees the best available prices.
We refund the price differences
Terms and Conditions - Introduction
The following terms and conditions - and subsequent amendments - apply to all our services made available online, directly or indirectly (through distributors), via any mobile device, by email or by telephone.
By accessing our website (including from mobile devices), visiting it, using it and / or using any of the applications available through any platform (hereinafter referred to as "Platform"), and / or making a reservation, you declare that you have read, understood and accepted the terms and conditions set out below (including the Privacy Policy).
These pages, their content, their structure and the online booking service (including the payment facilitation service) provided by us on them and through this website are owned, operated and offered by Booking.com B.V. and are provided for personal use only with non-commercial (B2C) purposes, governed by the terms and conditions described below.
The relationships we have with Travel Providers are governed by different terms and conditions, which govern the (B2B) business relationship we have with each of these Travel Providers.
Each Travel Provider acts professionally towards Booking.com in making its product and / or service available on or through Booking.com (both for the company-company relationship ("B2B") and / or for the company- customer ("B2C")).
The Travel Providers may have, declare applicable and / or request (the consent of), in addition to the conditions and clauses indicated on the website, their own terms and conditions and the rules (of delivery / shipment / transport / use) for the use, access and fulfillment of the Trip, which may include specific disclaimers and limitations of liability.
Definitions
The words "Booking.com", "we" and "our / a / s" refer to Booking.com BV, a limited liability company subject to the laws of the Netherlands and with its registered office at Herengracht 597, 1017 CE, Amsterdam, Netherlands.
"Platform" means the website, mobile site and app on which the Travel Service is made available, is under the property and control of Booking.com and managed, maintained and / or hosted by it.
"Travel" means the various travel products and services of the Travel Provider, which can be ordered, acquired, purchased, bought, paid for, hired, supplied, booked, combined and consumed by you.
"Travel Provider" means the accommodation provider (eg.
hotel, motel, apartment, bed & breakfast, landlord), attractions (eg.
(theme) parks, museums, sightseeing), the transport service provider (eg.
car rental, cruises, train travel, air flights, bus tours, transfers), tour operators, travel insurance, and any other product or service related or related to the theme of travel available for the Booking of the Trip on the Platform (B2B or B2C ).
"Travel Service" means the online purchase, order, payment (facilitated) or booking service, as offered or activated by Booking.com with respect to various products and services made available by the Travel Providers on the Platform.
"Travel Booking" means the order, purchase, payment or booking of a Trip.
1.
Purpose and nature of our Service
Through the Platform, we (Booking.com B.V. and its affiliate (distribution) partners) provide an online platform that enables Travel Providers, in their professional conduct of business (eg.
B2C or B2B), to advertise, market, sell, promote and / or offer (where applicable) their products and services for ordering, purchasing, booking and rental, and for visitors to the Platform to discover, search , compare and place an order, reservation, purchase or payment (eg.
the Travel Service).
Through the use or use of the Travel Service (eg.
by making a Travel Reservation through the Travel Service), you will establish a direct contractual relationship (binding in legal terms) with the Travel Provider with whom you made the booking of the product or service (where applicable).
From the moment of the aforementioned Travel Reservation, we will act exclusively as intermediaries between you and the Travel Provider, transmitting the details of the Travel Reservation to the relevant Travel Provider (s) and sending you a confirmation e-mail for and in your name. of the Travel Provider.
Booking.com does not (re) sell, rent or offer any (travel) products or services.
In providing our Travel Service, we disclose the data that has been provided to us by the Travel Providers.
All Travel Providers who market and promote their Trip on the Platform are therefore given access to our systems and the extranet, of which they are fully responsible for updating rates / costs / prices, availability, rules and conditions, and other information displayed on our Platform.
Although we provide our Travel Service with diligence and attention, we are unable to verify and guarantee the accuracy, completeness and correctness of the information, nor can we be held responsible for any errors (including manifest and typing errors), interruptions of the service (whether due to a failure, even temporary and / or partial, to the repair, upgrade or maintenance of the Platform or other), inaccurate, misleading or false information or its failure to deliver.
Each Travel Supplier is responsible at all times for the accuracy, completeness and correctness of information (including descriptive ones), including rates / costs / prices, rules and conditions, and availability, displayed on our Platform.
Our Platform does not have the purpose, and must not be seen from this perspective, to recommend or support any Travel Provider marketed on it, in terms of quality, level of service, type of structure, classification and assignment of the category through stars or in relation to the offices, structures, vehicles, services and products (main or secondary) made available, unless otherwise indicated.
Our Travel Service is available for personal, non-commercial use only.
Therefore, it is not allowed to resell, deep-link, use, copy, monitor (using for example spider, scrape), view, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any type of activity with a commercial or competitive purpose.
2.
Pricing, We refund price differences, Genius program and offers from a partner company
The rates offered by the Travel Providers indicated on our Platform are highly competitive.
All rates for your trip include VAT and all other taxes (subject to the currency exchange of such taxes) and penalties, unless otherwise indicated on our Platform or on the confirmation email or on the ticket.
The cost of the ticket is per person or group and subject to validity or expiry as indicated on the ticket, if applicable.
The Travel Provider may decide to charge taxes and penalties (including tourist / stay tax) in case of no-show or cancellation.
Sometimes on our Platform you will be able to find cheaper rates for a particular stay, service or product.
However, the aforementioned rates, proposed by the Travel Providers, may involve special restrictions and conditions, for example regarding cancellation or refund.
Before making the reservation, carefully check the presence of these conditions in the details regarding the product, service or reservation.
We want to offer you the product or service of your choice at the lowest possible rate.
If, once you have booked through the Platform, you find the product or service you have chosen on the Internet at the same Travel conditions and at a lower rate, we will smooth out the difference between our rate and the lower one, according to the terms and conditions applicable when We refund the price differences.
Our commitment to refund price differences does not apply to products and services that are not related to accommodation.
The currency converter is for information purposes only and should not be relied upon as an accurate and operational indicator in real time; rates may vary.
Obvious errors are not binding, including printing errors.
All special offers and promotions are indicated as such.
If they are not mentioned as such, no rights can be claimed in the event of obvious mistakes or errors.
Genius Program
The Genius rate is a discounted rate offered by participating properties for certain types of rooms / accommodations.
The Genius rate is reserved for members of the Booking.com Genius program.
Anyone with an account on the Platform can enroll in the Genius program.
Becoming a member does not require any registration fees and the only condition is to complete two (2) stays over two (2) years.
Membership and Genius rates are for a single member and are non-transferable.
Membership may also be associated with specific campaigns or incentives that are from time to time launched or communicated in Booking.com's sole discretion.
The Genius program currently offers two (2) membership levels based on the number of bookings made through the Booking.com platform, each with different levels of discount on selected properties and / or options (10% and 15% respectively).
Membership levels may vary and may be subject to change at Booking.com's sole discretion.
Booking.com reserves the right to terminate and unsubscribe from any member's Genius membership in the event of abuse, such as violating these terms and conditions and / or using invalid credit cards.
Booking.com also reserves the right to revoke and unsubscribe from Genius any member who demonstrates inappropriate attitudes: for example, violent, threatening, harassing, discriminatory, obscene or defrauding behavior against Booking.com (or its employees and agents) and / or the facility (or its employees and agents).
The Genius rate cannot be combined or used with other discounts (except where approved by the hotel or otherwise indicated).
Booking.com may, at its discretion, alter, limit or (partially) modify the structure or any other feature of the Genius program (including, without limitation, the status of the individual's Genius levels) for any reason, without notice.
The Genius membership is associated with the user's account on Booking.com and will not expire or be canceled unless the latter cancels, terminates, deletes or revokes the account.
Booking.com also reserves the right to deregister or disable an inactive account without notice.
An "inactive account" means an account that has not made reservations for more than five (5) years.
If the account is disabled, it will no longer be possible to benefit from the Genius benefits.
You can reactivate your account by making a valid booking with your Booking.com account.
Offered by Partner Site
Booking.com may show offers that do not come from Travel Providers, but from a Booking.com partner company, such as another platform ("Partner Site Offers").
The Offers from the Partner Site are shown clearly and are distinguished from those proposed by the Travel Providers.
They also include the following special conditions, unless otherwise indicated on our Platform:
Price: same conditions shown on our Platform.
Prepayment: You will pay securely with Booking.com at the time of booking.
No changes: once booked, it is not possible to change personal data or those relating to the reservation.
You can request changes directly to the property, but there is no guarantee they will be accepted.
Other offers that cannot be combined: it is not possible to apply promotions, incentives or rewards to the booking.
No Reviews: You will not be able to leave a review on our Platform.
3.
Privacy e cookie
Booking.com respects your privacy.
See our privacy and cookie policies for more information.
4.
Free service for customers, only travel providers pay
Unless otherwise indicated, our service is free for customers since, unlike many other sites, we will not charge any costs for the Travel Service offered, nor will we apply additional costs (not even related to the booking) to the rate.
You will pay the Travel Provider the amount due as indicated in the Travel Reservation (plus, where not included in the price, applicable taxes, duties and additional costs (if any)).
Travel Providers pay a commission, i.e. a small percentage of the product price (for example, the accommodation rate) to Booking.com after the guest has used the Travel Provider's product or service (for example after who stayed at the facility and paid the amount due to it).
Travel Providers can improve their ranking by increasing the commission (Visibility Booster).
The use of the Visibility Booster (increasing the commission in exchange for a better position in the ranking) is at the discretion of each Travel Provider and can be decided from time to time or based on the product offered.
The ranking algorithm will take into account the increase in commission when establishing the Default Ranking.
Preferred Partners pay a higher commission in exchange for a better ranking.
Only Travel Providers who have a business relationship with Booking.com (through a contract) will be available on the Platform (for B2B and / or B2C promotion of their product).
Booking.com is not an open platform (like Amazon or eBay) where the end user can make his product available (it is not a C2C platform); Booking.com does not allow non-professional parties to offer or sell their product on or through Booking.com.
5.
Credit card or bank transfer
Some Travel Providers may provide for and make available the possibility of offering Travel Reservations to be paid in full or in part (as required by the Travel Provider's payment conditions) to the Travel Provider itself during the Trip Booking process, through a method secure online payment (to the extent that this feature is offered and supported by your bank).
For some products and services, Booking.com manages (through third parties) the payment of the particular product or service (i.e. the payment management service) for and on behalf of the Travel Provider (Booking.com does not act or operate under any circumstances. as an official seller).
Payment is securely debited from your credit / debit card or bank account, and credited to the Travel Provider's bank account, through the management of a third party.
Any payment managed for and on behalf of the Travel Provider and subsequently transferred to the Travel Provider will in any case constitute a payment by you of (or part of) the cost of the reservation, relating to a particular product or service, with a value of definitive payment ("bevrijdende betaling") of the price due (full or partial) and cannot be claimed by you in any way.
For some rates (including non-refundable) or special offers, advance payment may be required by bank transfer (if provided as a payment method by the Travel Provider) or by credit card.
If a credit card is used, this may be pre-authorized or charged (sometimes without the possibility of reimbursement) at the time of booking the trip.
Before making the Booking of the Trip, carefully check the presence of these conditions in the details regarding the product or service you have chosen.
Booking.com is not responsible for any charges (authorized, unauthorized or alleged or incorrect) by the Trip Provider and you will not be able to request a refund of the amount correctly charged to your credit card by the Trip Provider (including : pre-paid rates, no-shows or cancellations with penalty).
In the event of fraud or unauthorized use of your credit card by third parties, most banks and credit card companies assume the risk and cover all charges resulting from such fraud or unauthorized use.
However, this could result in an amount usually being charged to your card 50 EUR, or the equivalent in your currency.
In the event that the company issuing your credit card or the bank charges you this amount due to unauthorized transactions resulting from a booking made on our Platform, we will refund this amount, up to an amount equal to 50 EUR (or to the equivalent in your local currency).
In order to be able to make your compensation, please make sure to report the fraud to the credit card provider (in accordance with their policies and procedures) and contact us immediately.
In the email you will need to provide proof of the deductible charged (based on the conditions of the credit card issuer).
This compensation applies only to bookings that have made use of the secure server of Booking.com and only after verifying that the unauthorized use of your credit card derives from a default or an act of negligence on our part and not from your incorrect use of the secure server.
6.
Advance payment, cancellation, no-show and "Good to know" information
By making a booking with a Travel Provider, you accept and approve that Travel Provider's respective cancellation and no-show policies and any other additional Travel Provider rules or conditions applicable to your booking or during your stay (including the section "Good to know" of the Travel Provider, present on our Platform, and the relative rules of the Travel Provider structure), including the services and / or products offered by the Travel Provider (the rules and conditions of delivery / purchase / use / transportation of a Travel Supplier are obtained directly from the Travel Supplier itself).
The general cancellation and no-show rules of each Travel Provider are mentioned on the Platform in the information pages regarding the Travel Provider, during the booking procedure and on the confirmation email or ticket.
For some rates, costs or special offers no cancellations, refunds or changes are allowed.
In case of no-show or cancellation, the Travel Provider may still charge the tourist tax (if applicable).
Before making the reservation, carefully check the presence of these conditions in the details regarding the product or service you have chosen.
If the Travel Reservation requires an advance payment or a total or partial prepayment, this may be canceled (without prior notification of default or notice) in the event that the remaining amount cannot be withdrawn in full on the established date, as required by the Travel Provider's payment conditions and booking specifications.
The cancellation and prepayment conditions may change depending on the sector, product or service for each Trip.
Read carefully the "Good to know" section (found under the various types of Trips available and at the bottom of the page dedicated to the Trip Provider on our Platform) and the important information in your booking confirmation, given that particular additional conditions may be applied by the Travel Provider (e.g. related to age requirements, security deposit, extra charges or cancellation policy for groups, extra beds, rates without free breakfast included, pets and credit cards accepted).
A late payment, incorrect bank account or credit / debit card details, invalid credit / debit card details or insufficient funds put the booking at risk and may result in a refusal of a refund of any prepayment (especially if not refundable) unless the Travel Provider agrees to make the refund or allows other solutions provided for in its prepayment and cancellation conditions.
If you wish to check, modify or cancel your Trip Reservation, access your confirmation email and follow the instructions contained therein.
The Travel Provider may charge a cancellation fee in accordance with the provisions of the cancellation, prepayment and no-show policies of the facility itself, and you may not be entitled to compensation for any amounts already paid (in advance).
Before making your reservation, we recommend that you carefully read the cancellation, prepayment and no-show rules provided by the structure, and remember to make subsequent payments on time, as required by the specific reservation.
If you arrive late or late on the day of check-in or plan to arrive the next day, be sure to inform (promptly / in time) the Travel Provider, who will know when to welcome you, so as to avoid cancellations of your Trip (Booking ) or no-show charges.
If necessary, our customer service department can help you inform the Travel Provider.
Booking.com accepts no obligation or liability for the consequences of your late arrival or for cancellations or no-show charges by the Travel Provider.
7. (
Correspondence and further communications)
By making a Travel Reservation you agree to receive (i) an e-mail shortly before the arrival date, containing information about your destination and various suggestions and offers (including from third parties, if you have expressly given your consent) relating to your Trip (Booking) and to your destination, (ii) an email after arrival to evaluate the experience with the Travel Provider and Travel Service and (iii) an email after your stay, with an invitation to express your opinion on the structure.
Read our privacy and cookie policies for more information on other ways in which we may contact you.
Booking.com is not responsible for communications from or with the Travel Provider that occur on or through its Platform.
It is not possible to advance rights related to requests or communications directed to the Travel Provider, or related to any form of notification of receipt of requests or communications.
Booking.com cannot guarantee that any request or communication will be received, read, accepted, executed or accepted by the Travel Provider in a precise and timely manner.
In order to complete and complete the Trip Reservation successfully you must provide a valid e-mail address.
We are not responsible for non-existent or incorrect e-mail addresses, telephone numbers (landline or mobile) or credit card numbers, nor are we obliged to verify their existence or correctness.
Any complaints or claims against Booking.com or related to the Travel Service must be submitted as soon as possible, and in any case within 30 days after the date on which use of the product or service would be completed (for example the check-out date of a stay).
Complaints and requests received after this 30-day period may be rejected, and the applicant will have to waive any right to compensation (for damages or costs).
Due to constant rate and availability updates, we strongly recommend taking screenshots during the booking process, which you can use as supporting documentation if needed.
For consumers in the European Economic Area: If you have any complaints, we recommend that you contact our Customer Care first.
If the issue is not resolved, you can submit your complaint via the European Commission's online dispute resolution platform, which you can find at this address: http://ec.europa.eu/odr.
8.
Ranking, Favorite Structures Program, stars and guest reviews
Our goal is to show you search results that are relevant to you by providing you with a custom default ranking for Travel Providers on our Platform.
You can scroll through this default ranking, use filters and sort results by alternative rankings, and therefore have the ability to influence the presentation of search results in order to receive a ranking based on other criteria.
We use multiple algorithms to generate predefined ranking results, resulting in a constantly evolving process.
Booking.com has identified the following parameters to be more closely related to your search for a suitable Travel Provider and, in light of this, prioritizes those parameters in the algorithms (main parameters): your search history personal, "click through" rate from the search page to the hotel page ("CTR"), number of bookings related to the number of visits to the Travel Provider's page on the Platform ("Conversion"), gross bookings (including cancellations) and net (excluding cancellations) of a Travel Provider.
Conversion and CTR can be influenced by various factors (even unconnected), including review scores (in aggregate form or in individual components), availability, conditions, rates (and their competitiveness), quality. of the contents and certain characteristics of the Travel Provider.
The percentage of commission paid by the Travel Provider or other benefits to Booking.com (e.g.,
through commercial arrangements concluded with the Travel Provider or with the help of strategic partners) may have an impact on the default ranking, as well as the history of regular payments by the Travel Provider.
The Travel Provider itself may influence its ranking by participating in certain programs - which may be updated from time to time - such as the Genius program, offers, the Preferred Partner Program and the Visibility Booster (the latter two provide that the Travel Provider pay a higher commission).
The stars shown on Booking.com for accommodations are not determined by Booking.com, but by the accommodations themselves or by independent third parties, which provide an (objective) rating.
The offers are shown based on the number of stars (from lowest to highest or vice versa), which the suppliers themselves communicate to Booking.com.
According to local regulations, they are assigned by independent third parties (for example an official organization, even independent) or are based on the opinion of the accommodation providers, regardless of any objective criteria.
Booking.com does not impose formal obligations on star ratings and does not undertake to review the stars that have been awarded.
Overall, the stars reflect how the property meets legal requirements (if applicable) or, in the absence of regulations, how it meets industry standards in terms of pricing and services available.
These standards and requirements may vary from country to country and from organization to organization.
To make it easier for customers to find the right property based on their travel preferences, Booking.com may assign some properties a quality rating, which is determined by Booking.com and shown by yellow squares.
To ensure comparability, the quality assessment is based on many (over 400) characteristics, which have been divided into 5 main categories: (i) amenities / services offered by the property on Booking.com, (ii) configuration of the property, such as unit size, number of rooms and occupancy, (iii) number and quality of photos uploaded by the property, (iv) average guest review score, as well as detailed scores, for example on cleanliness, as they have proven to be particularly useful for customers in assigning the quality of some structures, and (v) history of anonymous and aggregated data on bookings (for example, to evaluate the star rating of booked structures).
We use these multiple features to derive statistical patterns.
Based on these factors, an analysis based on machine learning is conducted, which ends in a quality assessment (from 1 to 5, shown by 1-5 yellow squares next to the name of the structure) calculated automatically and assigned to the structure .
Only customers who have actually stayed at the Accommodation facility will be asked to leave a rating on Booking.com on their stay at the relevant facility and to indicate a score about some aspects of their stay, or they will be invited to leave an evaluation during their stay. .
The guest's judgment (including that requested during the stay), once completed, may be (a) uploaded to the Travel Provider's page on our Platform in order to provide (future) customers your point of view about (level of) service and quality of the Travel Provider, and (b) wholly or partially used and placed by Booking.com, in its sole discretion (eg.
for reasons related to marketing, for promotional purposes or to improve the service), on the Platform or on social network platforms, on newsletters, in case of special promotions, on applications or on other channels owned by Booking.com and hosted by it , used or controlled.
In order to offer and maintain recent (and therefore relevant) reviews, reviews can be sent within a limited period (3 months) following the stay and each review will only be available for a limited period (36 months) from its online appearance.
The default ranking of judgments depends on the date the judgment was left and is related to other additional criteria (such as language, judgments with comments), but the judgment of a client who has written [always] comprehensive and detailed judgments (aka "Travel Reporter") may appear at the top of the ratings list.
You will have the possibility to choose between ranking and filters of various types (eg.
type of guest, date, language, score).
Booking.com allows the Travel Provider to respond to reviews.
We reserve the right to change, reject or remove reviews in our sole discretion if they violate our rating conditions.
The guest review form should be considered a survey and will not include any (further) offers, invitations or incentives of any kind, not even commercial.
Booking.com undertakes to check and remove as much as possible the reviews that include obscenities and any references to names of people or lost objects.
Booking.com will not accept reviews that include:
Vulgarity, sexually explicit expressions, incitements to hatred and violence, discriminatory content, threats
References to concrete people, personal attacks on staff
Promotion of illegal activities (eg.
drugs and prostitution)
Sites, e-mails and addresses, telephone numbers, credit card details
Political comments
Booking.com and the Travel Provider both have the right to terminate the relationship for any reason (including in cases of breach of contract or declaration of bankruptcy) upon notice period, as agreed between the parties.
9.
Disclaimer of Liability
Without prejudice to the limitations and clarifications indicated in the hypotheses provided for by these terms and conditions and to the extent permitted by law, we will be held liable only for direct and immediate damages actually suffered, paid for or to which we have encountered, due to a failure to comply with the our obligations in respect of the services that we should have performed.
The compensation may go up to the total amount of the cost of your booking, as established in the e-mail confirming the Travel Booking (either for a single circumstance or for a series of related circumstances).
However, and to the extent permitted by law, neither we nor any of our operators, managers, employees, representatives, subsidiaries, affiliates, affiliate (distribution) partners, licensees, agents or persons involved in the production, sponsorship , in promoting or disclosing the site and its contents, we will be held liable for (i) punitive, special, indirect or consequential loss or damage, loss of production, profit, income or contract, injury or damage to good name and to the reputation, loss of rights, (ii) the inadequacy of the information (including descriptive) of the Travel Provider (regarding rates, availability and classification), made available on our Platform, (iii) the services provided or products offered by the Travel Provider or other business partners, (iv) damages (direct, indirect, consequential or punitive), losses or costs suffered, paid or to which data encountered as a result of the inability to use or delay of our Platform, but consequent or related to use, or (v) physical injury, death, property damage or other types of damages (direct, indirect, special, consequential or punitive), losses or costs suffered, paid or incurred, (legal) actions, errors, violations, (serious) faults, intentional maladministration, omissions, negligence, false declaration, civil or objective liability for an unlawful act attributable partially or totally to the Travel Provider or one of our other business partners or their employees, directors, officers, agents, representatives, contractors or affiliated companies, whose products or services are directly or indirectly made available, offered or advertised on the Platform or through it, including cancellations (even partial), overbooking, strike, force majeure or any other event outside our c ontrol.
Booking.com is not responsible (and disclaims any responsibility) for the use, validity, quality, compatibility, adequacy and disclosure of the Trip, nor for any representations, warranties and conditions of any kind in this regard ( neither implied, nor legally, nor otherwise), including no implied warranties, for specific purposes, on merchantability, title, non-infringement and fitness.
You declare and agree that the relevant Travel Provider is solely responsible and assumes all responsibility in relation to the Trip (including all warranties and representations made by the Trip Provider).
Booking.com is not a (re) seller of the Trip.
Complaints or claims regarding the Trip (including what concerns the price offered (special / promotion), conditions or specific requests from Customers) must be handled by the Trip Provider.
Booking.com is not responsible (and disclaims any liability) for such complaints, claims and obligations (including on the product).
Whether the Travel Provider charges (or has already charged) the cost of the Trip, or whether the payment of the amount or any additional costs (Trip) is handled by us, in both cases you accept and declare that you are aware that it is always the responsibility of the Travel Provider to collect, withhold, send and pay the applicable taxes to the competent authorities, calculated on the basis of the total price of the trip or any additional costs.
Booking.com cannot be held responsible (nor can it be held responsible) for the collection, withholding, sending or payment to the competent authorities of the taxes applicable to the cost of the Trip or any additional costs.
Booking.com does not act or operate under any circumstances as an official seller of any product or service made available on the Platform.
By uploading photos / images to our system (for example, attached to a review) you certify, warrant and represent that you own the copyrights on the photos / images, and you agree that Booking.com may use the photos / images on its site ( also mobile) and on apps, in promotional material and publications both online and offline, in the manner that Booking.com deems appropriate.
Grant to Booking.com, in a non-exclusive, global, irrevocable, unconditional and perpetual manner, the right and license to use, reproduce, display, reproduce, distribute, sub-license, communicate and make available the photos / images in the manner that Booking.com deems appropriate.
The person who uploads the photos / images assumes full legal and moral responsibility for any claims made by third parties (including, but not limited to, owners of accommodation facilities) following the publication and use of the photos / images by part of Booking.com.
Booking.com does not own or endorse the photos / images uploaded.
The truthfulness, validity and right to use all photos / images are guaranteed by the person who uploads the photos / images, and are not the responsibility of Booking.com.
Booking.com disclaims any liability arising from the photos / images published.
The person who uploads the photos / images guarantees that they do not contain viruses, trojans or infected files, or pornographic, illegal, obscene, offensive, bad taste or inappropriate material, and that the photos / images do not infringe any intellectual property rights, copyright or third party privacy.
The photos / images that do not meet the criteria listed above will not be used and / or may be removed / deleted by Booking.com at any time and without notice.
10.
Intellectual Property Rights
Unless otherwise specified, the software required for our services or available on or used by our Platform and the intellectual property rights (including copyrights) of the content, information and material on our Platform are owned by Booking.com BV, its Travel Providers or suppliers.
Booking.com holds exclusively all rights, titles and interests in and with respect to all intellectual property rights concerning the graphic aspect and the general interface (including the infrastructure) of the Platform through which the service is made available (including guest reviews and translated content).
No one is authorized to copy, derive, link, publish, promote, integrate, use, combine, or in any other way use the contents (including translations and guest reviews) or our brand without our express written approval. .
In the event that a person uses or combines (in part or totally) our content (including guest reviews and translations) or otherwise takes possession of any intellectual property rights of the Platform or any content (or translation) , it will have to assign, transfer and entirely assign these intellectual property rights to Booking.com.
Any use that does not comply with the law or any of the actions or behaviors mentioned above constitutes a material violation of our intellectual property rights (including copyright and database protection rights).
11.
Applicable law, jurisdiction of belonging and dispute resolution
These terms and conditions, as well as the provision of our services, will be governed and interpreted in accordance with Dutch law.
Notwithstanding what has been said about jurisdiction, a natural person who uses any of our services for a use that can be considered unrelated to his professional activity (hereinafter also referred to as "consumer") may invoke the laws in force in the country in question. which he has his habitual residence (ie laws that apply in any case, regardless of whether or not the person chooses to make use of the laws of his country of residence, and hereafter referred to as "Mandatory Provisions").
Any dispute arising out of these general terms and conditions and our services must be submitted exclusively to the competent courts of Amsterdam, the Netherlands.
Notwithstanding the aforementioned jurisdiction clause, a consumer can also appeal for the enforcement of the Mandatory Provisions relating to the specific case in a court of the country in which he is domiciled, while an appeal against a consumer can only be lodged before the judges of the country in which he is domiciled.
For consumers in the European Economic Area: If you have any complaints, we recommend that you contact our Customer Service first.
If the issue is not resolved, it is possible to send the complaint through the platform of the European Commission for online dispute resolution, available at this address: http://ec.europa.eu/odr.
The original English text of these Terms and Conditions may have been translated into other languages.
The translated version is unofficial and for illustrative purposes only, therefore without legal value.
In the event of disputes or inconsistencies or discrepancies between the English text and the other language translations of these Terms and Conditions, the English text will prevail and be the final version.
The English text is available on our Platform (by selecting the English language) or will be sent upon written request.
In the event that any of the clauses of these Terms and Conditions are invalid, become invalid, or become non-binding, you will continue to abide by all other clauses set forth herein.
In this case we will replace the aforementioned clause with a clause that is valid and binding, that has an effect as similar as possible to the one replaced and that you undertake to accept in compliance with the contents and purposes of these Terms and Conditions.
12.
Information about Booking.com and support companies
The Travel Service is provided by Booking.com BV, a private limited liability company subject to the laws of the Netherlands and with its registered office at Herengracht 597, 1017 CE, Amsterdam, Netherlands, and registered in the Amsterdam Chamber of Commerce under number registration number 31047344.
Our VAT number is NL805734958B01.
Booking.com is headquartered in Amsterdam, The Netherlands, and is supported internationally by various groups of affiliated companies (the “support companies”), which perform an internal support function for the benefit of Booking.com.
Some designated companies provide limited customer support services (by telephone only).
The support companies do not own any Platform (and in no way do they control, manage, maintain or host the Platform).
Such support companies are not authorized and have no legal power to provide the Travel Service, to represent Booking.com or to enter into any contract on behalf of, for or on behalf of Booking.com.
Under no circumstances is a relationship (legal or contractual) created with the support companies.
Support companies do not operate, nor are they authorized to act as official representatives or service providers of Booking.com.
Booking.com does not recognize or consider domicile in any place, position or office in the world (including the offices of its support companies) other than the registered office in Amsterdam.