Booking Terms and Conditions

Booking Terms and Conditions

Welcome to Booking Travel and www.bookingtravel.info (our “Platform”). These Booking Terms (the “Terms”) constitute a legal agreement between you and S.C Booking Travel International S.R.L. of Street. Banul Udrea, number. 2, Bucharest, Romania. governing the use of our Platform and our Services. We license use of our Platform to you on the basis of these Terms. We do not sell our Platform to you and we remain the owner of our Platform at all times.

1.      General Terms of Use

1.1.   The provisions set out in these Terms govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.

1.2.   Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our Platform on these Terms.

1.3.   By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Platform, you agree and acknowledge that:

1.4.   you have read the terms set out in these Terms and agree to be bound by and comply with them; and

1.5.   you shall ensure that all Users of your Account abide by these Terms. 

1.6.   You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.

1.7.   We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites (including social media pages).

1.8.   We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

1.9.   Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.

1.10.                  The following additional terms also apply to your use of our Platform and form part of these Terms:

1.10.1.    Our Privacy Policy

1.10.2.    Our Cookie Policy

1.10.3.    Our Terms and Conditions

2.      Acknowledgements

2.1.   By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that he/she:

2.1.1. has read these Booking Terms and has the authority to and does agree to be bound by them;

2.1.2. consents to our use of personal data in accordance with our Privacy Policy,

2.1.3. is authorised on behalf of all persons named on the booking to disclose their personal details to us,

2.1.4. is over 18 years of age and resident in the United Kingdom

2.1.5. accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

2.2.   We act only as an agent in respect of all bookings we take and/or make on your behalf. 

3.      All Bookings

3.1.   When making your booking we will arrange for you to enter into a contract with the applicable Host, as specified on your confirmation invoice.

3.2.   Your booking with us is subject to these Booking Terms and the specific terms and conditions of the relevant Host you contract with and you we advise you to read both carefully prior to booking. The Host’s terms and conditions may limit and/or exclude the Host's liability to you.

3.3.   Your booking is confirmed and a contract between you and the Host will exist when we send you confirmation on their behalf. It is important that you understand that payment at the time you are making your booking does not in itself mean that your booking is confirmed – your booking is not confirmed until issue you with a booking confirmation on part of the Host.

3.4.   In order to confirm your booking, we have to make live reservations with Hosts and as such we have to have the security that we have appropriate payment from you and your initial payment to us is your authority to us to make your booking with the Host. If, in the unexpectedly in the short time between your payment to us and us seeking to confirm your booking with the Host the Travel Arrangements have become unavailable and we cannot obtain an alternative acceptable for you, you will of course receive a complete refund of the money you have paid for those Travel Arrangements.

3.5.   As an agent we accept no responsibility for the acts or omissions of the Host or for the Travel Arrangements provided by the Host.

4.      Bookings

4.1.   We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the Travel Arrangements that you wish to book before you make your booking.

4.2.   When you make a booking, you will have the opportunity to review/confirm all the details of the booking before making payment. Once you have reviewed and confirmed these details and made payment, we will proceed to make the booking with the Host.

4.3.   Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below.

4.4.   Please ensure that the names given are the same as in the relevant passport.

4.5.   The booking information that you provide to us will be passed on only to the relevant Host of your Travel Arrangements or other persons necessary for the provision of your Travel Arrangements. The information may be provided to public authorities such as customs or immigration if required by them, or as required by law.

5.      Prices and Payment

5.1.   We and our Hosts reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen Travel Arrangements at the time of booking.

5.2.   In order to book your chosen Travel Arrangements, you must pay a deposit as required by the Host. You must also pay all applicable insurance premiums and booking fees.

5.3.   If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will inform the Host who may cancel your booking and charge the applicable cancellation fees (as set out in the Host’s terms and conditions).

6.      Special Requests

Any special requests must be advised to us at the time of booking e.g., diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. We will pass your request on to the Host, but we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the Host is not confirmation that the request will be met.

7.      Fitness to Travel and Medical Conditions

7.1.   We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen Travel Arrangements.  We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen tour.

7.2.   Acting reasonably, if the Host is unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking on the Host’s behalf or, if you did not give us full details at the time of booking, we will inform the Host who may cancel it and impose applicable cancellation charges, when we become aware of these details.

8.      Your Conduct

8.1.   You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others.

8.2.   If in the Host’s opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, the Host reserves the right to terminate your booking immediately with no further liability to you. 

8.3.   You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused.

8.4.   Full payment for any such damage or losses must be paid directly to the Host prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you.

8.5.   We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

9.      Uploading content to our Platform

9.1.   You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Platform complies with our Privacy Policy, the GDPR and any other applicable laws.

9.2.   You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:

9.2.1. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or

9.2.2. the loss of any content or data (whether in physical or digital form) provided to us by you. You should keep a record of all such content and data (including for the avoidance of doubt any insurance policies).

9.3.   We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.

9.4.   We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the Platform.

9.5.   We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable law.

10.   Warranties

10.1.                  While we make all efforts to maintain the accuracy of the information on our Platform, we provide the Services, Platform and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.

10.2.                  As part of the Services, you may communicate with Hosts. Any information about Hosts is provided on an “as is” basis, based on information provided to us by the Hosts. We do not make any warranties, express or implied, as to the qualifications, quality, suitability, fitness for purpose, completeness or correctness of any Host or Host’s Information.

10.3.                  You acknowledge that Hosts are not our agents or employees, and all Hosts are solely responsible for any information provided by them. No Host is authorised to make any statement or representation for and on behalf of us.

10.4.                  To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.

11.   Limitation of Liability

11.1.                  We are not liable for the completeness, accuracy or correctness of any information uploaded on our Platform and any Related Content. You expressly agree that your use of the Services and our Platform, including reliance on any Host’s Information, is at your sole risk.

11.2.                  We do not assist with dispute resolution between any you and any Host and are not obliged at any time to adjudicate on any such dispute. In the event of any dispute, you are responsible for contacting the relevant Host. Without prejudice to the foregoing, we remain entitled at all times to investigate at our discretion any complaint regarding the use of our Platform or any suspected unlawful activity and to take any action that we deem appropriate, including to file a report with the appropriate authorities.

11.3.                  You agree not to use the Services, our Platform and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Platform or any other website or software) for:

11.3.1.    loss of profits, sales, business, or revenue;

11.3.2.    business interruption;

11.3.3.    loss of anticipated savings;

11.3.4.    loss or corruption of data or information;

11.3.5.    loss of business opportunity, goodwill or reputation; or

11.3.6.    any other indirect or consequential loss or damage.

11.4.                  Nothing in these Terms shall limit or exclude our liability for:

11.4.1.    death or personal injury resulting from our negligence;

11.4.2.    fraud; and/or

11.4.3.    any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

11.5.                  Our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.

11.6.                  These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

12.   Indemnity

You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Platform, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

13.   Other important terms

13.1.                  We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.

13.2.                  You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

13.3.                  No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.

13.4.                  These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.

13.5.                  If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

13.6.                  Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

13.7.                  These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of Romania. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Bucharest.