General Terms and Conditions of Bidroom BVKeizersgracht 241, 1016 EA Amsterdam, The Netherlands (hereinafter referred to as "Bidroom")
Bidroom markets and procures hotel Accommodations. For this purpose, Bidroom operates the “Bidroom.com” Internet portal. Registered users of the portal are authorised to book Accommodations offered via the portal with the operators of the Accommodations.
1. Scope; definitions
1.1 The following General Terms and Conditions contain the terms and conditions and general rules for the acquisition and use of the membership at “Bidroom”, as well as the use of the portal.
1.2 For the purposes of these General Terms and Conditions,
- “Bidroom” and/or “Portal” are/is the Portal operated by Bidroom and the services and benefits offered through it.
- “User/Member/You” are the individual persons registered on the Portal as a User,
- “Accommodation Provider” is the provider and/or operator of an accommodation, which is offered through the Portal,
- “Accommodation” is the Accommodation offered by the tourism business.
2. Registration, access data, formation of the User agreement
2.1 In order to use the Portal, you are required to register and open a User account.
2.2 To register, you only need to provide your email address and your name. The e-mail address must belong to You and be functional. It is not permitted to enter third-party data.
2.3 Your access data (User name and password) may only be used by You. You must keep your password secret. If You have lost your password or indications exist that a third-party is using your User account, you must notify us of this for your protection and ours. In such a case, we will block your account immediately, in case of doubt.
3.4 The User agreement is concluded with the registration.
2.5 The User is obligated to ensure that the electronic messages from Bidroom reach You and their delivery is not prevented by security-checking safeguards (particularly SPAM filters).
3. Bidroom membership; trial period
3.1 Offerings of Bidroom are not freely accessible, they are only directed towards a closed group of Members within the context of their respective availability and the respective content. Only persons who are of full age and have full legal capacity are authorised to acquire a Bidroom membership. The Bidroom membership is not transferable.
3.2 With a first-time membership, you may initially use the Bidroom free of charge for 30 days (hereinafter referred to as “Trial Period”). Bookings that are made within the Trial Period also remain valid if You cancel within the Trial Period.
3.3 If You do not intend to use the Bidroom beyond the Trial Period, you may cancel the membership by the last day of the Trial Period. The cancellation must take place by no later than on the last day of the Trial Period in the personal account on the platform. Cancellations in a different form are not accepted during the Trial Period. In the case of cancellation within the Trial Period, the obligation to pay the annual fee ceases to apply and the membership ends.
4. Due date and payment; price changes
4.1 The price for the membership is due for one year in advance. By way of derogation from this, the price only falls due after the end of the Trial Month in the first year of the membership.
4.2 The payment may be made using the payment services offered by Bidroom (currently VISA, MasterCard, PayPal or direct debit).
4.3 Price changes are only valid with the Member’s consent. The new prices are sent to the Member by e-mail no later than one month prior to their inception. The consent is deemed as granted, if the Member does not object to their validity within 14 days after receipt of the e-mail. The objection must be issued in text form. In the e-mail, Bidroom will inform the Member about the option to object, the time limit and the consequences of the Member’s inaction.
5. Term and cancellation of the Bidroom membership
5.1 The minimum term of the Bidroom membership is one year.
5.2 The Bidroom membership extends automatically by a respective additional year, if it is not cancelled as of the end of the respective term. The cancellation must take place no later than on the day before the last day of the membership in the personal account on the platform. Written cancellations are not accepted.
5.3 Example of cancellation notice period:
Term: 15 August 2016 to 14. August 2017
Last cancellation date: 13 August 2017
5.4 Bidroom is authorised but not obligated to inform the Member by e-mail about the upcoming automatic renewal prior to the start of the cancellation notice period.
6.1 Discount codes are issued at Bidroom’s free discretion. They provide the recipient with the entitlement to purchase a Bidroom membership at a reduced price. The same discount code may be used a maximum of one time per person. It is not possible to cumulate several discount codes.
7. Hotel bookings
7.1 The Bidroom membership provides the authorisation 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 for booking an Accommodation with a corresponding discount is limited to the availability of the respective premises of the 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.
8. Liability and set-off
8.1 The details about Accommodations on the Portal are entered and maintained by the Accommodations and the Portal. Bidroom assumes no liability for the correctness and/or completeness of the offers and/or information provided by the Accommodations.
8.2 Bidroom is specifically not liable for deviating, incorrect or non-current price quotations of the Accommodations on the Portal.
8.3 Not all the Accommodations have fully activated accounts, and Bidroom is not liable for the booking requests with those Accommodation Providers.
8.5 Claims for damages 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 maliciously or with gross negligence.
8.6 The User may not assert compensation for damages as a consequence of a challenge due to non-culpable errors and printing, advertising or transmission errors, which authorise Bidroom to challenge.
8.7 In any case, the liability of Bidroom is limited to the annual purchase price of the Bidroom.
9. Set-off prohibition, right of retention
9.1 The User is not authorised to set-off, unless the counterclaims are not disputed by Bidroom or established as final and absolute by a court of law.
9.2 The User may not assert a right of retention.
10. Amendments to the General Terms and Conditions
10.1 Bidroom reserves the right to amend these General Terms and Conditions at any time and without giving reasons. The new General Terms and Conditions will be sent to You by e-mail. The new General Terms and Conditions are deemed as agreed, if You do not object to their validity within 14 days after receipt of the e-mail. The objection must be issued in text form. In the e-mail, we will inform You about the option to object, the time limit and the consequences of your inaction.
10.2 However, the option of amending the General Terms and Conditions neither exists for changes that impair the content and scope of the core utilisation options of the Bidroom and the Portal to your disadvantage, nor for the introduction of new duties for You, which were previously not established in the General Terms and Conditions.
11. Choice of law, contract text, contract language
11.1 The law of the The Netherlands applies exclusively to the contractual relationship with the holders. If the holder has concluded the contract as a consumer, the compulsory consumer protection regulations are also applicable, which are valid in the country, in which the User has his usual abode, provided that they grant the User further protection.
11.2 English is only available as a language for conclusion of the contract. You will receive these terms and conditions and any further relevant information for the contract in conjunction with the registration. Bidroom will not store any additional contract text regarding the User relationship, which You could retrieve. However, the Terms and Conditions of Use are also retrievable at any time on the website at https://www.bidroom.com/pages/terms.
As of: 1st of April 2017