AGREEMENT BETWEEN USER AND Boo-k.
2. Changes to the Terms
We may amend these Terms from time to time to comply with any regulatory requirements or if there are changes to our business practices. Every time you wish to use our Platform, please check these Terms to ensure you understand the terms that apply at the time. Your use of our Platform will be subject to the most recent version of the Terms available on the Platform. We recommend that you read through the Terms available on the Platform regularly so that you can be sure that you are aware of any changes that may apply to you.
3. Access and Use of the Platform
The Platform is currently made available to you for your personal, non-commercial use, free of charge.
We do not guarantee that access to the Platform, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Platform without notice to you.
You must not misuse the Platform by knowingly introducing viruses, Trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.
4. We do not sell Hotel Products
The Platform is a hotel search engine that provides users with comparisons for different offers for hotel rooms. Boo-k does not provide, own or control any of the hotel services and products that you can access through our Platform (the “Hotel Products”). The Hotel Products are owned, controlled or made available by third parties (the “Hotel Providers”), either directly (e.g., a hotel) or through a facilitator of hotel reservations (e.g., an online travel company). The Hotel Providers are responsible for the Hotel Products and all booking contracts, including for example Boo-k Express Bookings. The booking of a Hotel Product takes place solely on the platforms of the Hotel Provider. The Hotel Provider’s terms and privacy policies apply to your booking, so you must agree to, and understand those terms. Further, the terms of the hotel where you plan to stay, if different from the Hotel Provider, will also apply to your booking, so you must also agree to, and understand those terms. Your interaction with any Hotel Provider accessed through our Platform is at your own risk, and Boo-k does not have any responsibility should anything go wrong with your booking. Boo-k has no control over the Hotel Products or Hotel Providers. For more information about how Boo-k works, we recommend that you read our FAQs, which can be found here and are incorporated by reference into these Terms.
Boo-k hosts content, including prices, images and other information, made available by or obtained from Hotel Providers (“Provider Content”), as well as content provided by users, such as comments, ratings and other information (“User Content” and together with the Provider Content, the “Content”). Boo-k is in no way responsible or liable for the accuracy, quality, completeness, reliability, timeliness or trustworthiness of the Content, and Boo-k has no influence over the Content. In particular, we do not guarantee that Provider Content, in particular the prices reflected therein, will be updated in real time or that a particular Hotel Product will be available. As a result, the price displayed by a Hotel Provider may not correspond to that displayed on our Platform. Hotel ratings displayed on this Platform are intended as only general guidelines, and we do not guarantee the accuracy of the ratings or of any User Content.
5. Boo-k Express Booking
The “Boo-k Express Booking” service facilitates the booking of a Hotel Product with a Hotel Provider through our Platform. We may make Boo-k Express Booking available in our discretion from time to time. If you opt to use Boo-k Express Booking (where available), the booking will be made with the Hotel Provider named on the booking page, and Boo-k will forward the booking information that you provide to the relevant Hotel Provider. When you make a booking through Boo-k Express Booking, our Platform acts as only a user interface, and you will only have a valid booking with a Hotel Provider if you receive written confirmation within two days from that Hotel Provider accepting your booking. The contract for the relevant booking will be made between you and the Hotel Provider. Boo-k has no responsibility for the booking or the Hotel Product because Boo-k has no involvement in creating the description of the Hotel Product, in defining the price and any fees, and in providing the Hotel Products that you book. If you have any issues or disputes around your booking and/or the Hotel Product, you agree to address and resolve these with the Hotel Provider and not with us.
6. Use of the Platform
As a condition of your use of our Platform, you warrant that:
you are at least 18 years of age;
you possess the legal authority to create a binding legal obligation;
you will use the Platform in accordance with these Terms;
you will only use this Platform for your private use to search for legitimate hotel deals;
if you use the Platform on behalf of someone else, you will inform them about the Terms that apply to any searches and/or bookings you have made on their behalf, including all rules and restrictions applicable thereto;
all information supplied by you to our Platform is true, accurate, current and complete; and
if you have a Boo-k account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
We retain the right at our sole discretion to deny access to anyone to our Platform and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
The Hotel Products presented on the Platform are displayed in the currency you have selected. If you do not select any currency, the relevant currency for the respective top-level domain will be used as the default. Our currency conversion is for information purposes only and should not be relied upon as accurate and real time. Some Hotel Products may also be sold in another currency than the one preset or chosen by you for the display of the search results. Actual rates may vary and your payment provider (e.g. your credit card company) may charge conversion fees and apply another date’s exchange rate.
All prices displayed are to be understood as applying per night. For booking periods in excess of one night, the average price per night for the selected period is displayed.
7. Boo-k Members
You have the option of joining the Boo-k community by creating a member account within the Boo-k member area. Members can publish self-generated content, as well as actively participate in the Platform’s development via the administrative functions. Unregistered users may read the content on Boo-k for free.
Boo-k only allows one account registration per person. You are responsible for the accuracy and completeness of your personal information.
8. User Obligations and Prohibited Activities
As a user of the Platform you are responsible for any User Content (text, photos, reviews, links, etc.) that you upload to Boo-k. You must ensure that you have all the rights in respect of any content which you publish on the Boo-k Platform and that any User Content does not violate the rights of third parties.
In particular, you must not create and upload any User Content that:
is advertising disguised as a review;
does not have specific content for a reviewed item;
is not objective or intentionally untrue;
is immoral, pornographic or in any other way offensive;
infringes upon the rights of third parties, in particular copyright;
violates applicable laws in any way or constitutes a criminal offense;
contains viruses or other computer programs that may damage software or hardware or that may affect the use of computers;
is a survey or chain letter; or
is aimed at collecting or using personal data from other users, especially for commercial purposes.
Additionally, you agree not to:
use our Platform or its contents for any commercial purpose;
make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
access, monitor or copy any content or information of our Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on our Platform or bypass or circumvent other measures employed to prevent or limit access to our Platform;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep-link to any portion of our Platform (including, without limitation, the purchase path for any hotel services) for any purpose without our express written permission which we may withdraw at any time in our discretion; or
“frame”, “mirror” or otherwise incorporate any part of our Platform into any other website without our prior written permission which we may withdraw at any time in our discretion.
If your activity on our Platform shows signs of fraud, abuse or suspicious activity, Boo-k may deny its services to you, and close any associated Boo-k accounts. If you have conducted any fraudulent activity, Boo-k reserves the right to take any necessary legal action and you may be liable for monetary losses to Boo-k, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Boo-k customer service.
9. Links to and from the Platform
Our Platform may contain hyper-links to websites operated by parties other than Boo-k. Such hyper-links are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. These Terms will not apply to your use of any third-party website that you access via our Platform. Your use of any third-party website may be subject to additional terms and conditions, which we suggest you read carefully before you visit any such website.
Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from our Platform or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
10. Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in our Platform and the Content (including, but not limited to, price and availability of hotel services) as well as the infrastructure used to provide such Content. While you may make limited copies of your itinerary (and related documents) for hotel reservations booked through our Platform, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Platform.
If you copy or use any part of the Platform in breach of the Terms, your right to use the Platform will cease immediately and you must destroy any copies of the materials you have made.
You agree not to generate automated page impressions or content on the Platform.
11. Privacy and Cookies
We do not guarantee that our Platform will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Platform will be free from errors or omissions.
We shall not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, without limitation, any failure to perform due to unforeseen circumstances or cause beyond our control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemic or other natural disaster, shortages of transportation facilities, fuel, energy, labor or materials or a failure of public or private telecommunications networks.
13. Our liability is limited
Boo-k makes no representations about the suitability of the Content displayed on our Platform for any purpose. The display on our Platform of a Hotel Product or any Content does not in any way imply, suggest, or constitute a recommendation by Boo-k of that Hotel Product or that Content, or any sponsorship or approval of such Hotel Product or such Content by such Hotel Provider, or any affiliation between such Hotel Provider and Boo-k. All Content and any other information provided on our Platform are provided “as is” without warranty of any kind. Boo-k disclaims all warranties and conditions that this Platform, its servers or any email sent from Boo-k are free of viruses or other harmful components. Boo-k hereby disclaims all warranties and conditions with regard to any Content or any other information provided on our Platform, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The Hotel Providers are independent from Boo-k and are not agents or employees of Boo-k. Boo-k is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Hotel Provider, including for injuries, death, property damage, or other damages or expenses resulting therefrom. Boo-k will not be liable for any cancellation, overbooking, strike, force majeure or other causes beyond its direct control. Boo-k does not accept responsibility for the uninterrupted accessibility to our Platform and may carry out technical or maintenance work on the Platform at any of its choosing.
In no event shall Boo-k be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Platform or with the delay or inability to access, display or use this Platform (including, but not limited to, your reliance upon opinions appearing on this Platform; any computer viruses, information, software, linked sites, products and services obtaining through this Platform; or otherwise arising out of the access to, display of or use of this Platform) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Boo-k has been advised of the possibility of such damages.
If, despite the limitation above, Boo-k is found liable for any loss or damage which arises out of, or in any way connected with, any of the occurrences described above, then the liability of Boo-k will in no event exceed, in the aggregate, One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose. The limitations of liability provided in these Terms survive the termination of your relationship with Boo-k.
14. Dispute Resolution
You agree to defend and indemnify Boo-k and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
your breach of these Terms or the documents referenced herein;
your violation of any law or the rights of a third party; or
your use of our Platform.
15. Dispute Resolution
Boo-k is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us and our subsidiaries. This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Arbitration Rules and specifically Consumer Arbitration Rule R-14, which gives the arbitrator the power to rule on all issues concerning the arbitrability of any claim or counterclaim. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions or in person in the state where you live or at another mutually agreed location.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Boo-k Legal,” at Boo-k N.V. Kesselstraße 5-7, 40221 Düsseldorf, Germany. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.
16. Complaints or Queries
If you have any queries or complaints about the Platform, please contact our support center here. We will use reasonable efforts to respond to you promptly.
These Terms and any non-contractual obligations arising out of them are governed by the Federal Arbitration Act, federal arbitration law, and for searches or bookings made by U.S. residents, the laws of the state in which you reside, without regard to principles of conflicts of laws. Use of our Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.
These Terms do not create or infer any rights that are enforceable by any person who is not a party to them.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Fictitious names of companies, products, people, characters, and/or data mentioned on the Platform are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
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