Terms of Service
These Terms of Service (“Terms”) are a binding legal agreement between you and Bookingcy.net that govern your right to use the websites, applications, and other offerings from Bookingcy.net (collectively, the “Bookingcy.net Platform”). When used in these Terms, “Bookingcy.net,” “we,” “us,” or “our” refers to the Bookingcy.net entity with whom you are contracting.
The Bookingcy.net Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts,” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”). As the provider of the Bookingcy.net Platform, Bookingcy.net does not own, control, offer or manage any Listings. Bookingcy.net is not a party to the contracts entered into directly between Hosts and Guests, nor is Bookingcy.net a real estate broker, travel agency, insurer, or an organizer or retailer of travel packages under Directive (EU) 2015/2302. Bookingcy.net is not acting as an agent in any capacity for any Member.
We maintain other policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and Payments Terms, which govern any payment services provided to Members by the Bookingcy.net payment entities (collectively “Bookingcy.net Payments”).
If you Host, you are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to your Host Services.
Guest Terms
Our Mission.
Our mission is to create a world where you can belong anywhere. From cabins’ guests to castles’ guests, browse through hundreds of Listings to find the ones that fit the way you like to travel. Learn more about a Listing by reviewing the description and photos. If you have questions, just email us.
Searching and Booking on Bookingcy.net
2.1 Booking. When you book a Listing, you are agreeing to pay all charges for your booking, including the Listing price, applicable fees, and any other items identified during checkout (collectively, “Total Price”). When you receive the booking confirmation, you will be subject to, and responsible for complying with, all terms of the Reservation, including, without limitation, the cancellation rules and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.
2.2 Accommodation Reservations. An Accommodation Reservation is a limited license to enter, occupy and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by our terms of use, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.
2.3 Reservations for Experiences and Other Host Services. An Experience or other Host Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Host Service. Except where expressly authorized, you may not allow any person to join a Host Service unless they are included as an additional guest during the booking process.
Cancellations, Travel Issues, Refunds and Booking Modifications.
3.1 Cancellations, Travel Issues, and Refunds. In general, if you cancel a reservation, the amount refunded to you is determined by the REFUND and REBOOKING policy that applies to that reservation. But, in certain situations, other clauses of the terms of service policy take precedence and determine what amount is refunded to you. If something outside your control requires you to cancel a reservation, you may be entitled to a partial or full refund under our REFUND and REBOOKING policy. If the Host cancels, or you experience a Travel Issue (as defined in our REFUND and REBOOKING policy), you may be entitled to rebooking assistance or a partial or full refund under our REFUND and REBOOKING policy. You may appeal a decision of Bookingcy.net by contacting our [email protected].
3.2 Booking Modifications. Hosts and Guests can request via email [email protected] for any booking modifications they need to do and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
Your Responsibilities.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation or Experience. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Accommodation, and (iii) you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
Host Terms
Hosting on Bookingcy.net
5.1 Host. As a Host, Bookingcy.net offers you the right to use the Bookingcy.net Platform to share your Accommodation, Experience, or other Host Service with our vibrant community of Guests – and earn money doing it. It’s easy to create a Listing, and you are in control of how you host – set your price, availability, and rules for each Listing by email to [email protected].
5.2 Contracting with Guests. When you accept a booking request or receive a booking confirmation through the Bookingcy.net Platform, you are entering into a contract directly with the Guest and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Bookingcy.net’s service fee (and applicable taxes) for each booking. Bookingcy.net Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplement contract with Guests must: (i) be consistent with these our Terms of service.
5.3 Independence of Hosts. Your relationship with Bookingcy.net is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Bookingcy.net, except that Bookingcy.net Payments acts as a payment collection agent as described in the Payments Terms. Bookingcy.net does not direct or control your Host Service, and you understand that you have complete discretion whether and when to provide Host Services and at what price and on what terms to offer them.
Managing Your Listing.
6.1 Creating and Managing Your Listing. The Bookingcy.net Platform provides support that makes it easy for you to set up and manage a Listing as per your request. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions like coverage details and exclusions. You may only maintain one Listing per Accommodation but may have multiple Listings for a single property if it has multiple places to stay.
6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases or homeowner and condominium association rules restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our PRIVACY POLICY If you have questions about how local laws apply you should always seek legal advice.
6.3 Your Responsibilities. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Bookingcy.net.
6.4 Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business or other organization, the entity and each individual who participates in providing Host Services, is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Bookingcy.net to transfer a portion of your payout to a co-host or other Hosts or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
Cancellations, Travel Issues, and Booking Modifications.
7.1 Cancellations and Travel Issues. In general, if a Guest cancels a reservation, the amount paid to you is determined by the cancellation rules that apply to that reservation. As a host, you should not cancel on a Guest without a valid reason under our REFUND and REBOOKING policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If a Guest experiences a Travel Issue (as defined by the REFUND and REBOOKING policy), or a reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Bookingcy.net exceeds your payout, Bookingcy.net may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Bookingcy.net’s REFUND and REBOOKING policy, and these Terms of service the cancellation rules you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay the release of any payout for that Reservation until a refund decision is made. See each Policy for details about what is covered, and what your payout will be in each situation. You may appeal a decision of Bookingcy.net by contacting our [email protected].
7.2 Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Bookingcy.net Platform or direct Bookingcy.net customer service. to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
8. Taxes.
8.1 Host Taxes. As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes (“Taxes”).
8.2 Collection and Remittance by Bookingcy.net In jurisdictions where Bookingcy.net facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Bookingcy.net to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Bookingcy.net are identified to Members on their transaction records, as applicable. Bookingcy.net may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Bookingcy.net is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Bookingcy.net may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by our Guests and their organizations.
General Terms
9. Reviews.
After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory. Reviews are not verified by Bookingcy.net for accuracy and may be incorrect or misleading.
Content.
Parts of the Bookingcy.net Platform enable you to provide feedback, text, photos, audio, video, information and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Bookingcy.net a non-exclusive, worldwide, royaltyfree, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Bookingcy.net Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Bookingcy.net pays for the creation of Content or facilitates its creation, Bookingcy.net may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Bookingcy.net the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content. You agree that Bookingcy.net may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Bookingcy.net does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
Fees.
Bookingcy.net may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Bookingcy.net Platform. Any applicable fees are disclosed to Hosts before publishing a listing and to Guests before making a booking. Except as otherwise provided on the Bookingcy.net Platform, service fees are non-refundable.
Bookingcy.net Platform Rules.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
• Act with integrity and treat others with respect
o Do not lie, misrepresent something or someone, or pretend to be someone else.
o Be polite and respectful when you communicate or interact with others.
o Follow our Policies and do not discriminate against or harass others.
• Do not scrape, hack, reverse engineer, compromise or impair the Bookingcy.net Platform
o Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Bookingcy.net Platform.
o Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Bookingcy.net Platform or Content.
o Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Bookingcy.net Platform.
o Do not take any action that could damage or adversely affect the performance or proper functioning of the Bookingcy.net Platform.
• Only use the Bookingcy.net Platform as authorized by these Terms or another agreement with us
o You may only use another Member’s personal information as necessary to facilitate a transaction using the Bookingcy.net Platform as authorized by these Terms.
o Do not use the Bookingcy.net Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
o You may use Content made available through the Bookingcy.net Platform solely as necessary to enable your use of the Bookingcy.net Platform as a Guest or Host.
o Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
o Do not request, make or accept a booking or any payment outside of the Bookingcy.net Platform to avoid paying fees, taxes or for any other reason.
o Do not require or encourage Guests to open an account, leave a review, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by Bookingcy.net
o Do not engage in any practices that are intended to manipulate our search algorithm.
o Do not book Host Services unless you are actually using the Host Services.
o Do not use, copy, display, mirror or frame the Bookingcy.net Platform, any Content, any Bookingcy.net branding, or any page layout or design without our consent.
• Honor your legal obligations
o Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
o If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
o Read and follow our Terms of Service and Policies.
o Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your reservation that violates our rules for parties and events, as incorporated by reference herein.
o Do not use the name, logo, branding, or trademarks of Bookingcy.net or others without permission.
o Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with Bookingcy.net branding.
o Do not offer Host Services that violate the laws or agreements that apply to you.
o Do not offer or solicit prostitution or participate in or facilitate human trafficking.
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Bookingcy.net In addition, if you believe that a Member, Listing or Content has violated our Terms you should report your concerns to Bookingcy.net If you reported an issue to local authorities, Bookingcy.net may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
12.3 Copyright Notifications. If you believe that Content on the Bookingcy.net Platform infringes copyrights, please notify us.
13. Termination, Suspension and other Measures.
13.1 Term. The agreement between you and Bookingcy.net reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email. Bookingcy.net may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Bookingcy.net may also terminate this agreement immediately and without prior notice and stop providing access to the Bookingcy.net Platform if (i) you materially breach these Terms or Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of Bookingcy.net, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
13.3 Member Violations. If (i) you breach these Terms of Service and Policies, (ii) you violate applicable laws, regulations or third party rights, (iii) you have repeatedly received poor Reviews or Bookingcy.net otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of Bookingcy.net, its Members, or third parties, Bookingcy.net may:
suspend or limit your access to or use of the Bookingcy.net Platform
suspend or remove Listings, Reviews, or other Content;
cancel pending or confirmed bookings; or
suspend or revoke any special status associated with your account.
In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by Bookingcy.net and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.
13.4 Legal Mandates. Bookingcy.net may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination. If you are a Host and terminate your Bookingcy.net account, any confirmed booking(s) will be automatically cancelled, and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled, and any refund will depend upon the terms of the Listing’s cancellation rules. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Bookingcy.net Platform has been limited, or your Bookingcy.net account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Bookingcy.net Platform through an account of another Member.
13.6 Appeal. If Bookingcy.net takes any of the measures described in this Section 13, you may appeal such a decision by contacting our [email protected].
14. Modification of these Terms.
When we propose changes to these Terms, we will post the revised Terms on the Bookingcy.net Platform and update the “Last Updated” date at the top of these Terms. We will provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the services provided by Bookingcy.net, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the Bookingcy.net Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.
15. Resolving Complaints and Damage Claims.
15.1 If a Member provides valid evidence that you, your guest(s), or your pet(s) culpably damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, (“Damage Claim”), the complaining Member can notify Bookingcy.net. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, you authorize Bookingcy.net to collect the amount of the Damage Claim from you.
15.2 If the Host and Guest cannot resolve, or a Guest fails to pay a Damage Claim, the Host may notify Bookingcy.net under the terms of the Host Damage Protection Terms and seek compensation. Bookingcy.net will review the Damage Claim and ask the Host to provide any required evidence (e.g. through appropriate documents, photos, invoices, or third-party experts) which substantiates the Damage Claim and the Damage Claim amount. The Guest will be given the opportunity to respond and provide any relevant counter evidence. If Bookingcy.net determines, under consideration of the evidence provided, the Host Damage Protection Terms, and applicable statutory rules on the burden of proof that the Guest is responsible for the Damage Claim, Bookingcy.net will pay out the Damage Claim to the Host. If Bookingcy.net pays out the Damage Claim to the Host, Bookingcy.net may collect the amount of the Damage Claim from the Guest, including by charging the guest’s Payment Method up to a maximum amount of $500 USD. Bookingcy.net may also pursue claims for recovering Damage Claims amounts, including amounts exceeding the maximum amount applicable for charging the Guest’s Payment Method, against a Guest using any remedies it may have available under applicable law, including referral of the matter to a collection agency, and/or pursuit of available causes of action and/or claims against a Guest. Members may appeal a decision by Bookingcy.net by contacting our [email protected]. As between Members and Bookingcy.net, the burden of proof regarding the Damage Claim and the Damage Claim amount always lies with Bookingcy.net.
15.3 You agree to cooperate in good faith, provide any information Bookingcy.net requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.
15.4 Any decisions made by Bookingcy.net in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
16. Bookingcy.net’s Role.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. When Members make or accept a booking, they are entering into a contract directly with each other by accepting our Terms of Service. Bookingcy.net is not and does not become a party to or other participant in any contractual relationship between Members. Bookingcy.net is not acting as an agent for any Member except for where Bookingcy.net Payments acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our members have great experiences using Bookingcy.net, we do not and cannot control the conduct or performance of Guests and Hosts and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Members. You acknowledge that Bookingcy.net has no general obligation to monitor the use of the Bookingcy.net Platform and verify information provided by our Members but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Bookingcy.net Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting our [email protected]. Members agree to cooperate with and assist Bookingcy.net in good faith, and to provide Bookingcy.net with such information and take such actions as may be reasonably requested by Bookingcy.net with respect to any investigation undertaken by Bookingcy.net regarding the use or abuse of the Bookingcy.net Platform.
18. Disclaimer.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party and we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being “verified” (or similar language) indicate only that the Member or Bookingcy.net has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Bookingcy.net Platform. Bookingcy.net may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Bookingcy.net Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Bookingcy.net Platform.
19. Liability.
Bookingcy.net is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability or in case of a culpable injury to life, limb, or health. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents Bookingcy.net’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Bookingcy.net in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Bookingcy.net is excluded. To the extent that Bookingcy.net’s liability is excluded or limited, this also applies with regards to the personal liability of its legal representatives, directors, employees, and other agents.
20. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend at Bookingcy.net, indemnify, and hold Bookingcy.net, other affiliates, and their personnel harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature).
(ii) your improper use of the Bookingcy.net Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
21. Applicable law and Jurisdiction.
These Terms of service are governed by and construed in accordance with Cyprus law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Cyprus law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Bookingcy.net’s place of business in Cyprus. If Bookingcy.net wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Cyprus courts.
22. Bookingcy.net Platform Content. Content made available through the Bookingcy.net Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Bookingcy.net and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Bookingcy.net Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Bookingcy.net grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Bookingcy.net Platform and accessible to you, solely for your personal and non-commercial use.
23 Force Majeure. Bookingcy.net shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
24 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Bookingcy.net account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Bookingcy.net Account.
25 Contact Us. If you have any questions about these Terms of service, please email us at [email protected]
