These are the general terms and conditions of Bookinglayer.
We make bookings easy. We do the same with our general terms and conditions and therefore have easy-to-read general terms and conditions.
If you have any questions about these terms and conditions, please do not hesitate to contact us at hello AT bookinglayer.com.
Who is who?
When you read ‘you’ in these general terms and conditions, we mean you as the client of Bookinglayer or as the user of our platform. You are a user if, for example, you log in as an employee to keep the accounts or to keep track of bookings on our platform.
If you read ‘we’, ‘us’ or ‘our’, we mean TimTim BV as contracted party and as provider of the Bookinglayer platform. Bookinglayer is the trade name of TimTim BV established at the Stationsweg 23, 9671 AM in Winschoten, the Netherlands and registered under chamber of commerce number 34358043.
When do these terms and conditions apply?
These terms and conditions apply to all quotations we send you and all agreements we conclude with you. These terms and conditions also apply to anyone using Bookinglayer or the Bookinglayer trial account.
Deviation from these terms and conditions is only permitted if we agree this with you in writing.
By using Bookinglayer you state that you are familiar with the contents of these terms and conditions and that you agree to them.
We work only on the basis of these general terms and conditions. We explicitly reject your terms and conditions of purchase.
How is our agreement concluded?
The agreement with Bookinglayer is concluded by the signing of the agreement in writing.
After concluding the agreement, the main user can create a user account. As the main user, you must ensure that all users understand and comply with the content of these terms and conditions.
How do we calculate our fees?
Our Pricing page gives a global overview of our pricing structure. We believe the fairest way to charge fees is based on how our software is used. This pertains to the number of bookings as well as to what features are used by our clients.
If you are on a fixed price plan you will be invoiced at the start of each billing cycle.
If you are charged a booking processing fee, we will charge a percentage based fee for every booking that you process with Bookinglayer. This percentage depends on the agreed percentage. Each processing fee price plan comes with a minimum amount that we charge you per month, as also agreed. Please note that we do not distinguish if the booking was made online or entered manually and we charge fees on all bookings processed.
We calculate the monthly booking processing fee as follows:
On the first day of the month we charge the sum of booking processing fees of the services that were actually used by your customers via Bookinglayer in the previous month. This pertains to all provided activities and overnight stays. The overnight stays we charge in the month in which the overnight stay takes place. This means that if the stay takes place in two overlapping months, we will split out the nights for each month. This rule also applies to package holidays.
The monthly booking processing fee is always accompanied with a minimum amount. If the total booking processing fee amount is lower than the agreed minimum amount, we will charge the minimum amount of your price plan.
Our booking processing fee comes with a one-off onboarding fee. This onboarding fee will be paid at the start of the onboarding. As soon as the onboarding is finalized, but no later than the following month, the agreed price plans (fixed or processing fee based) will come into effect. The agreement describes exactly what we do and not do during the onboarding phase.
If you have requested a trial account with us, you can try out your demo account free of charge for a 14 day period to decide if our system is suited for your needs. After this 14day period we will send you an agreement and after signing it, you will be able to start our onboarding.
The VAT rate depends on where your company is established.
The rates applicable are set out below:
- a Dutch customer always pays the statutory rate. This is currently 21%.
- a customer within Europe (but outside NL) is exempt from VAT. For this to be applicable a valid VAT number will have to be provided. Otherwise we are forced to charge VAT.
- a customer outside Europe does not pay VAT;
If the legal regulations concerning the payment of VAT change, we will adjust our prices accordingly.
How does the payment procedure work and what happens if you pay too late?
In general payments are collected automatically. With your first charge you will authorize Bookinglayer to automatically collect payments each month You can pay by direct debit (SEPA) or credit card.
If payment was not successful, we will notify you of the failed payment. In certain cases we can charge statutory interest and collection costs, but never without notifying you first to try and get to a solution. We also have the right to cancel the agreement or block certain functionalities until you have paid. We will always inform you of this by way of a ‘notice of default’ before taking any action.
How do we deal with price changes?
We may have to change our prices. Because of added functionalities or to adjust prices in line with the inflation. If we change our prices, we will let you know at least three months in advance. For fixed price plans we will evaluate how you are using our system on an annual basis. If we see that the conditions to which a fixed price was set have changed considerably, we will reach out before adjusting pricing.
What can you do if you disagree with the price change? Then you can always cancel the agreement. If you continue to use Bookinglayer after the price change, you agree to the change by default.
When can you cancel the agreement? When can we cancel the agreement or close your account? How do we calculate the final invoice?
You can cancel the agreement by giving us a 3 months’ notice. You do this by sending an e-mail to firstname.lastname@example.org. Please state the date on which you wish to cancel your agreement with Bookinglayer in your message. Three months after you have given notice of cancellation, you will not be able to use Bookinglayer.
Once those three months have passed we will close your account and keep your data for at least another three months in order to give you the opportunity to download the data.
After cancelling your account, you will receive a final invoice for the bookings you made and the services you purchased. Because cancellations are always made over a period of time, we will send you the final invoice stating an average cancellation percentage. We calculate this cancellation percentage as follows:
- we take the period in which you were our client;
- we look at the number of cancellations during that period and use this number to calculate the average cancellation rate per year. We subtract this percentage from the final invoice.
How can you give others access to Bookinglayer?
You can create accounts for other users from your main account. If you are an employer, you can create accounts for your employees so they can keep track of the bookings. Please be careful when granting certain rights. If someone deletes data, you will not be able to retrieve it.
What should you be aware of when using Bookinglayer?
The login details of all users are strictly personal and may not be shared with any other person. All users are responsible for ensuring their usernames and passwords are kept secret. For security reasons, we recommend that you change passwords regularly and choose unique passwords that are only used for Bookinglayer.
We advise you to regularly download the data you have entered in Bookinglayer and save it somewhere else. We do not provide standard backups. Once data is deleted, it cannot be restored.
Illegal content may not be placed on Bookinglayer. By this we mean material that infringes the intellectual property rights of third parties, or content that is contrary to the law, public policy, or public morality. In addition a Bookinglayer account may not be created for the purpose of reproducing all or part of Bookinglayer.
We may close your user account with immediate effect if you do not comply with the rules set out in these terms and conditions.
What can you expect from our system in technical respects?
We offer Bookinglayer as is, with the functionalities included at the time they are offered. Functionalities may change and at some point we may no longer offer a specific component.
Bookinglayer is compatible with the latest internet browsers, for example, Google Chrome. We advise you to work with the latest browser version and to update it regularly. We cannot guarantee that Bookinglayer will display properly on old browsers.
We do our utmost to ensure Bookinglayer’s optimal availability and accessibility but we cannot guarantee that Bookinglayer will always be available in its entirety all of the time or that it is free of errors. Bookinglayer may, for example, be temporarily unavailable if we need to carry out maintenance, fix bugs or implement updates.
We will always endeavour to carry out maintenance at times when it affects as few users as possible. We aim to notify you well in advance so that you can take this into account. If, however, there is an emergency, this might have to be done without prior notice.
We do everything we can to ensure Bookinglayer is free of errors and to fix website errors as soon as possible. But we cannot guarantee that these errors will always be fixed, or that Bookinglayer is free of errors.
We have the right to close Bookinglayer permanently. If we decide to do so, we will notify you of this at least six months in advance.
How do the integrations and APIs work?
In Bookinglayer you can create connections that use external APIs, such as a payment provider. We have no control over these APIs and in the event of a malfunction, data sent may not be properly linked or transmitted. We are not liable if this occurs.
The use of the Bookinglayer API is subject to API terms and conditions. These will be shared with you if you contact us to request API access. By using the API you agree to these API conditions.
How do we deal with problems and with liability?
If something goes wrong, please let us know. We can then try and resolve the matter together.
Ideally, we would like to settle any disputes together. If this is not successful, then we will submit our dispute to the court in Amsterdam. Dutch law applies in this respect.
If you wish to hold us liable, please notify us of this in advance (by sending us a ‘notice of default’). In the notice you state why you wish to hold us liable and you give us the opportunity to remedy any damage or loss and to fix any errors. You always give us a reasonable period of time in which to do so.
Are we liable for damage or loss because of an attributable breach of contract or liable in some other way?
If we are liable, our total liability is limited to compensation of the direct damage or loss, up to a maximum of the amount that you have paid or would pay us in one year for the use of Bookinglayer. If we are insured for that damage or loss, our liability is limited to the amount paid out by our insurer.
We will never be liable for indirect loss, including consequential loss, lost profits, lost savings, and loss due to business interruption.
This limitation does not apply if the damage or loss is caused by intent or gross negligence on our part.
Any claim for liability automatically lapses 24 months after the claim has arisen.
What do we do in the event of force majeure?
In the event of force majeure, we do not have to fulfil our obligations under the agreement. By force majeure we mean the lack of or stagnation in the provision of services resulting from the use of third parties, external APIs that do not work or do not work in full or the inability to deliver as a result of failure in the power and/or telecommunication facilities.
If the situation of force majeure lasts longer than 60 days, you have the right to cancel your subscription prematurely. We are not liable for any damage or loss in this respect. You will, however, receive a refund of any subscription fees already paid in proportion to the months not used.
When can we change these conditions?
We can change our general terms and conditions and API terms and conditions at any time. If we do so, we will send you our new terms and conditions one month before the date they take effect.
If you continue to use Bookinglayer after a change to these terms and conditions, you agree to the content of these terms and conditions.
We hope that these terms and conditions are clear. If you have any questions with regard to the terms and conditions, please do not hesitate to ask us.
Version April 1st 2021