General Terms and Conditions for Services provided by BillyPDS B.V.
Version 01-03-2016
1. Definitions
“Accommodation” means apartments, rooms or houses that Owner offers for rental or use via internet or other media.
“Billy” means Billy PDS B.V., also operating under tradename BookingManager.com.
“Channels” mean the various booking companies or other intermediary contracted by Billy that operate websites or other media where Owners can offer their Accommodation for use or rental and Users can book such Accommodation and to which Billy transmits the Content via its Platform for promotion of Owner’s Accommodation.
“Content” means the promotional brochure/page of the Accommodation, including pictures, details and text, developed by Billy, for the promotion of the Accommodation and to be displayed on the Channel’s websites or other media.
“GTC” mean these General Terms and Conditions for Services provided by BillyPDS B.V.
“Service and Registration Contract” means the agreement between Billy and Owner in which the details and price of Billy’s Services and the Accommodation are described and agreed.
“Services” mean the sales and booking services provided by Billy or any of its affiliates, including the use of the Platform, as further described in article 3.
“Platform” means Billy’s websites www.billypds.com & www.bookingmanager.com
“Owner”: the individual or entity that owns the Accommodation or the individual or entity (including professional property managers) authorized to arrange or enter into rental or use agreements of such Accommodation directly with Users.
“User” means the party that reserves or books the Accommodation with Owner via a Channel’s website or other media and enters into a rental or use agreement to rent such Accommodation directly from Owner.
2. Applicability
These GTC, as may be amended from time to time, apply to any Services provided by Billy or by any of its affiliated companies and apply to the use of the Platform. These GTC form an integral part of the Service and Registration Contract, order confirmations, orders, or any other contract with respect to the use of the Platform and/or the Services provided by Billy. By using or registering on Billy’s Platform, or any of its applications, or using Billy’s Services, Owner acknowledges and agrees to have read, understood and agreed to these GTC. Owner agrees that future amendments to these GTC may be communicated via email and/or Billy’s platform and/or BillyPDS website, and Owner acknowledges that it agrees with these amendments by using the Platform and/or Billy’s Services.
3. Scope of Billy’s Services
3.1 For the duration of a Service and Registration Contract Billy provides sales an booking Services to Owners with respect to their Accommodation. Billy’s Services will be performed and provided from the Netherlands.
3.2 Billy’s Services consist of facilitating and supporting Owners in listing, promoting and display of its Accommodation on Channel’s Websites or other media, via Billy’s Platform, and the provision of access to the Platform to enable Owners to manage the availability etc. of their Accommodation. These Services to Owners include: – developing Content for the promotion of Accommodation on Channel’s websites or other media; – transmitting Content of Accommodation via the Platform to websites of the various Channels, to be listed and promoted by these Channels; – providing access to Billy’s Platform by creating an account and a dashboard; – active monitoring and management of Channels; – advising Owner on pricing and management of yielding; – advising Owner on styling and interior of their Accommodation; – customer support in case necessary; – providing support by a Support desk; – developing direct channels for Owner.
3.3 Billy’s Platform, including Billy’s Services, is merely aimed to connect with Channels’ website and is not providing access directly to Users. Billy is and will not be involved in, nor be responsible for the rent or use of the Accommodation, cancellation or other issues related to bookings, or the direct promotion of that Accommodation to Users. Agreements for use or rental of Accommodation will be concluded between User and Owner directly. Billy is and will not be a party in any such agreement concluded between the Users, Owners and/or Channels regarding the rent or use of Accommodation and is not liable for the (non) fulfillment of any obligations derived from or related to these agreements, even if Billy facilitates Owner with its contact with Users. The (non) fulfillment of these agreements is Owner’s sole responsibility.
3.4 As a service to Owner(s), Billy instructs Channels to apply Billy’s preferable cancellation policy for Users at the Accommodation webpage, as part of the Content. However, Channels may choose to apply their own cancellation policy. In cases of no show Owners can cancel the booking in the dashboard. In case of a cancellation by Users, Owners must contact Billy’s international service number immediately. In the event Billy charged the prepayment, User’s credit card details might be available to Billy. Only then will Billy assist Owner in collecting cancellation fees from Users, as Billy might then be able to charge the User for these cancellation fees. If charging of the cancellation fee is successful, Billy will pay out that fee to Owner after the expiration time of the charge back time of the credit card company involved. In general the charge back period is 4 months. Billy will invoice a credit card commission of 2.5% ex. VAT to Owner. Billy cannot guarantee payment of such fees by Users. In the event Billy is not able to collect cancellation fees because of situations such as the expiry or blocking of credit cards or the non-provision of credit card information, Billy shall not be liable for any damages or costs as a result thereof.
4. Channels terms and conditions
Any agreement related to the rent or use of Accommodation will be subject to the terms and conditions of Channels on whose media the Accommodation is displayed. Billy advises Owner to check the applicable terms and conditions on the Channel’s websites.
5. Registration process, Owner account, pricing
5.1 The use of Billy’s Services and Platform requires that Owner has previously registered at the Platform. Billy starts providing the Services after the Owner provided for all necessary details by filling the requested details in the Service and Registration Contract and both parties signing the Service and Registration Contract or Owner agreeing online with the Service and Registration Contract.
5.2 After conclusion of the Service and Registration Contract, registration of listing will be confirmed by Billy and a login code for an owner account will be provided to Owner. After this confirmation Billy shall upload the Content on the Platform. In case Owner already offers its Accommodation at a website of one or more Channels, the concerning webpage(s) will be transferred to a Billy page in order to be offered via Billy’s Platform. Owners shall enable and cooperate with Billy to transfer said webpage.
5.3 Owner and Billy will agree on the prices of Accommodation to be offered, as well as the bandwidth in which the price may vary during a year. Owner agrees to accept all bookings made by Users within this bandwidth. In case Owner and Billy agree on dynamic pricing, Owner will accept the prices as set by Billy. When Owner also offers its Accommodation through other media than the Platform, Owner guarantees to offer its Accommodation at the same prices as offered via Billy’s Platform. In case public prices on other media than the Billy Platform are lower than the prices as set by Billy, Billy has the right to adjust the prices in the Billy Platform to match the lowest public price found.
5.4 An Owner account is not transferable. Owner ensures that his Owner account is only used by himself and that his password is kept secret.
5.5 By providing the confirmation as in 5.2, Owner receives the limited, revocable, and non-exclusive right to use the Owner account for managing its Accommodation in accordance with these GTC. Billy is entitled to refuse to upload or to alter certain information of Owner if reasonably necessary in terms of safety, integrity, prevention of damages to Billy or others.
5.6 By signing a Service and Registration Contract or agreeing with the Service and Registration Contract online, the Owner authorizes Billy (i) to transmit all Content to Channels on behalf of Owner, and to make Accommodation available to Channels for publication and booking on their sites or other media and, (ii) to promote Owners’ Accommodation for rental or use to each Channel contracted by Billy.
5.7 Owner realizes that Billy has no influence on which User is finally renting or using the Accommodation and Owner shall not make any exception in accepting bookings from Users in that respect.
5.8 Billy is entitled to permanently or temporarily exclude (block) an Owner from using the Platform if this is reasonably necessary in terms of safety, integrity, prevention of damages to Billy or others, capacity limitations or for the implementation of technical measures, and also when such restrictions serve to improve or maintain the performance of the Services used.
5.9 Billy reserves the right to visit Accommodation during the term of the Service and Registration Contract to establish whether the Accommodation conforms to Billy’s standard and to review if the information provided by Owner is correct.
6. Obligations of Owner, availability
6.1 Owner guarantees 70% of his available nights to Billy In the event Owner does not comply Billy has the right to terminate the partnership.
6.2 The Content and information transmitted by Billy to Channels, shall be based on information provided by Owner. It is Owner’s responsibility to provide Billy with correct prices, availability, additional information (such as cost of cleaning etc.) and other information related to the Accommodation. Although Billy will use reasonable care in performing its Services, Billy will not verify if, and cannot guarantee that all information and Content eventually posted on the Channel’s websites or other media is accurate, complete or correct, or is in adherence with any laws and regulations.
6.3. It is Owner’s responsibility to maintain the availability of its Accommodation at the Platform, to keep his account up to date with respect to prices and availability and in the event of changes, to correct it immediately.To prevent double bookings, Billy prefers and advises Owner not to offer its Accommodation(s) through any other medium than through Billy’s Platform during the term of the Service and Registration Contract. In case Owner also offers its Accommodation through other media than the Platform, it is Owner’s responsibility to keep the availability and the minimum length of stay in line with the availability and minimum length of stay offered at the Platform and to avoid double bookings. In case the availability and/or the minimum length of stay on other media is not in line with the Billy platform, Billy has the right to adjust the availability and the minimum length of stay on the Billy Platform to match the publicly offered availability and minimum length of stay. Owner agrees to accept every booking of its Accommodation that is in accordance with the availability provided by Owner in his account on the Platform. In case of double booking(s) it is Owner’s responsibility to arrange alternative accommodation for bookings made via other media.
6.4 Owner will not cancel or change a booking directly with User, but will communicate with Billy directly. In case Owner is forced to cancel or change a booking for whatever reason, Owner shall (i) pay Billy a handling fee of EUR 100,- (excl. VAT) for each cancelled or changed booking and, (ii) compensate Billy for the costs of relocation in the event Billy needs to offer alternative Accommodation to a User for a different price than originally agreed. If an Owner cancels bookings more than three times, this can be a valid reason for Billy to remove all Owner’s Accommodation(s) from the Platform and/or to terminate the Service and Registration Contract with immediate effect.
6.5 Owner warrants that (i) the information Owner includes as part of the registration process and thereafter enters into its user account is accurate, up to date and not misleading and that there are no ‘hidden fees’., (ii) Owner is legally entitled and authorized to offer its Accommodation for rental or use and to enter into such rental or use agreements, (iii) Owner’s Accommodation, and the use or rent thereof, complies with applicable local laws and regulations to enter into such rental or use agreements (iv) Owner has all necessary permits and licenses, and fulfills any law or regulation necessary to rent its Accommodation (iv) the use or rental of the Accommodation is not infringing rights of third parties, (v) the Content is not infringing rights of third parties and, (vi) that the Accommodation is tidy and clean and all furniture and appliances are in working order and according to normal expectations of a User.
6.6 Owner guarantees he will be available to be contacted by a User from 2 days before an arrival date until after departure. If a User contacts Billy because the Owner is not reachable, Billy is entitled to invoice Owner a handling fee of 100 euro ( ex VAT).
6.7 Owner guarantees to uphold a good service level. If a User has a problem or a complaint about the Accommodation, Owner will deal with it and try to keep a User satisfied according to reasonable standards. If however a complaint has to be handled by Billy support, Billy is entitled to invoice Owner a handling fee of 100 euro ( ex VAT).
7. Intellectual property
The software required for Billy’s Services, available at or used by Billy’s website and the intellectual property rights (including the copyrights) related to Content, the Platform itself, or any information or material on the Platform are owned by Billy. Owner is not allowed to re-sell, copy, display, download or reproduce any Content, software, products or services available on Billy’s Platform. Owner provides Billy a worldwide, royalty free right to (i) use, reproduce, transmit, display, publish and distribute the Content and to grant access to the Content to third Parties via sites or any marketing and promotional material (ii) edit, adapt or translate the Content for promotional purposes.
8. Privacy
Billy respects the Owner’s privacy. Except for disclosures required by law or any authority in any relevant jurisdiction, Billy will not disclose Owner’s personal data, such as name, email address and credit card details to third parties, without Owner’s consent. Owner permits Billy to transfer Owner’s personal data, as provided in the Service and Registration Contract, necessary for transmitting to the Channels for the purpose of the promotion, payment and processing of the Accommodation bookings.
9. Fee and Payment
9.1 For the provision of Services, Billy shall charge the following fees, to be further described in the Service and Registration Contract. A) Owner shall pay a set up fee, which is a fixed amount per Accommodation, as further specified in the Service and Registration Contract. Billy shall invoice the set up fee after the moment Parties agreed on the Service and Registration Contract. The set up fee will be due 7 days after the date of invoice. B) Irrespective whether Owner has received a payment from a User or not, Owner shall pay a BM fee as a percentage of the total booked turnover (booked turnover means the price of the rent, incl. VAT and local Taxes of all bookings of Owner’s Accommodation via Billy’s Platform). The BM fee ranges from 6,5% to 8% ex VAT over total booked turnover incl. VAT and local taxes. Billy shall invoice the service fee after each month in which the arrival date of the booking(s) of Accommodation takes place. The service fee will be due 7 days after the date of the invoice. C) Billy will charge the handling fees, rate differences and prepayment refunds to guest for Owner cancellations and overbookings as mentioned in article 3.4, 6.6 and6.7. These fees will be due 7 days after date of invoice. D) If any amount due to Billy is not received in time, Owner shall be in default and Billy is entitled to charge 25 euro (ex. VAT) for every overdue payment [and 1% interest per month over the amount due].
9.2 All mentioned fees invoiced by Billy to Owners are excluding VAT. In addition to the fees mentioned in 9.1, Billy shall invoice sales fees or commissions charged by Channels.
9.3 Owner will pay the Billy invoices via direct debit to:
ADYEN Client Management Foundation Stichting. IBAN: NL37ABNA0423430890 BIC: ABNANL2A CreditorID: NL48ZZZ342764500000
9.4 Billy may change service and handling fees at any time. However, changes in service fees will not impact any bookings of Accommodation that have been already agreed before the fee changed. Billy will always inform Owner about the exact change of the applicable fee.
9.5 In case of termination of the Service and Registration Contract for any reason, all outstanding invoices or future fees, shall become due immediately and shall be collected by Billy and paid by Owner immediately.
10. Liability
10.1 Billy shall only be liable for direct damages of Owner due to an attributable shortcoming of Billy’s obligations in respect of a Service and Registration Contract, up to the aggregate amount of the fee paid to Billy under a Service and Registration Contract related to the damage causing event (whether for one event or series of connected events).
10.2 Billy shall not be liable for any damage, or costs, suffered by Owner, which is arising out of or in connection with the use or rent of the Accommodation, including any (partial) cancellation, no show by Users, overbooking, strike, force majeure or any other event beyond Billy’s control. Billy shall not be liable for any 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. Further, Billy shall not be liable for any damages or costs as a result of or in connection with (i) inaccuracy of the information or Content posted on a Channel’s website, including rates and availability, (ii) services or products rendered by a Channel, (iii) the use, inability to use, interruption, errors or delay of Billy’s website and/or Platform.
10.3 Owner agrees to defend, indemnify and hold harmless Billy from any claims of third parties, including Channels and Users, regarding damages, losses, proceedings, liabilities, expenses, arising out of or related to the use or rent of the Accommodation, or related to any of the circumstances as mentioned in article 6.5.
10.4 Billy has the right to transfer its rights and obligations in this contract in whole or part to a third party.
11. About Billy
All of Billy’s services are rendered by Billy PDS B.V. which is a private limited liability company, incorporated under the laws of the Netherlands and having its offices at Herengracht 451, Amsterdam, the Netherlands and registered with the trade register of the Chamber of Commerce in Amsterdam under registration number 55355099. The Platform www.BillyPDS.com & www.bookingmanager.com is a service of BillyPDS B.V., the Netherlands.
12. Duration, Termination, Deposit
12.1 Unless otherwise stated in the Service and Registration Contract, any Service and Registration Contract will be concluded for an indefinite period and will start at the moment that both parties sign the Service and Registration Contract or Owner agrees online with the Service and Registration Contract.
12.2 Either Party may terminate a Service and Registration contract for any reason. For Owner there is a 3 month notice period Termination must be done in writing (e.g. letter, fax, e-mail). Termination of a Service and Registration Contract does not affect running rent or use of Accommodation, existing bookings of Accommodations, pending offers for such rent or use and does not affect pending payments, fees to be paid or claims on payments.
12.3 Owner will be required to pay a deposit to cover for any costs or losses that Billy might incur from the Service and Registration contract, for example due to non-payment or non-performance by the Owner. The deposit amount is set at 1500 Euro/GBP and it will be invoiced in 4 monthly terms of 375 Euro/GBP. After termination of the Service and Registration contract, the deposit will be settled with the final invoice.
13. Applicable law
These General Terms and Conditions, each Service and Registration Contract and the provision of Billy’s Services shall be governed by and construed in accordance with Dutch law and any dispute arising out of that shall exclusively be submitted to the competent courts in Amsterdam, the Netherlands.