BookWhenFull.com Terms and Conditions
Article 1 - Definitions
In these terms, the following definitions apply:
- BookWhenFull: the Dutch business that operates the online platform BookWhenFull.com and provides the platform and reservation service described in these terms.
- Platform: the website, app, customer environment, email communication and other digital channels of BookWhenFull.
- User: any natural person or legal entity that visits or uses the Platform, creates an account or submits a reservation request.
- Consumer: a User acting for purposes outside their business or professional activity.
- Hotel / Provider: the third party that offers the accommodation, confirms availability and actually provides the accommodation.
- Accommodation: a hotel room, stay or other lodging service shown through the Platform.
- Reservation Request: the request submitted by the User through the Platform to reserve a specific accommodation for a specific period.
- Accommodation Agreement: the agreement relating to the stay which, if and when applicable, is formed exclusively between the User and the Hotel / Provider after the Reservation Request has been accepted by the Hotel / Provider.
- Service Fee: the separate fee charged by BookWhenFull for its own platform, processing and reservation service.
- Hotel Price: the price relating to the stay itself and not to BookWhenFull's service.
- Local Costs: tourist tax, local taxes, resort fees, hotel service charges, deposit, minibar, parking charges and other stay-related amounts that are not expressly included in the Service Fee shown by BookWhenFull.
- Durable medium: any means that enables the User to store information for future use, such as email or PDF.
Article 2 - Identity of BookWhenFull
- Trade name: Book When Full, operating via BookWhenFull.com.
- Chamber of Commerce number: 42018082.
- VAT identification number: NL005438197B75.
- Correspondence address: Lenteakker 171, 3206 TB Spijkenisse, the Netherlands. Email address for legal notices, customer service and complaints: info@bookwhenfull.com.
Article 3 - Nature of BookWhenFull's service
- BookWhenFull operates an online platform for displaying, processing and supporting reservation requests for accommodations.
- BookWhenFull does not itself provide accommodation, is not the owner, lessor, operator or actual provider of the stay and, unless expressly stated otherwise in writing, is not the contractual counterparty for the accommodation service.
- BookWhenFull's service relates exclusively to its own platform and reservation service for which the Service Fee is charged.
- In this model, BookWhenFull does not sell, provide or invoice the hotel stay in its own name.
- In this model, BookWhenFull does not offer a package travel service, tour operator service or its own travel service.
Article 4 - Role of Hotel / Provider
- The Hotel / Provider is responsible for availability, room information, actual prices of the stay, house rules, cancellation conditions for the stay, local taxes, safety and admission requirements, and the actual performance of the stay.
- Complaints about room quality, hygiene, stay experience, no-show by the hotel, overbooking, on-site facilities and local charges should in principle be submitted directly to the Hotel / Provider.
- BookWhenFull may, if desired, support the User with communication, but does so without taking over the responsibility of the Hotel / Provider.
Article 5 - Formation of reservation request and accommodation agreement
- A display of an accommodation on the Platform is in principle an invitation to submit a reservation request and not a binding offer by BookWhenFull to sell the Accommodation.
- A Reservation Request is submitted only after the User has provided all requested information and has seen the relevant price information. In this model, the Service Fee is paid only after the Hotel / Provider has accepted the request and the payment step has been shown to the User on the Platform.
- A Reservation Request does not automatically lead to a confirmed reservation.
- The Accommodation Agreement is formed exclusively between the User and the Hotel / Provider after the Hotel / Provider accepts the request. If the Hotel / Provider sets additional conditions, such as payment on site, deposit, identification or compliance with house rules, those conditions apply only within the relationship between User and Hotel / Provider.
- BookWhenFull sends the User a notification about the status of the request.
- Obvious errors, clerical errors, technical errors, evident pricing mistakes and unmistakable availability errors do not bind BookWhenFull.
Article 6 - Account, accuracy of data and authority
- The User warrants that all provided data is accurate, complete and up to date.
- The User may make reservations only for themselves and for third parties insofar as they are authorised to do so and ensure that relevant information, terms and obligations are passed on to the travellers concerned.
- The User is responsible for keeping login details confidential and for use of their account.
- BookWhenFull may request additional information or verification where there is reasonable cause, including indications of fraud, chargeback risk, sanctions risk or security reasons.
Article 7 - Service Fee / platform fee
- For BookWhenFull's own service, the User owes a separate Service Fee.
- The Service Fee relates exclusively to BookWhenFull's platform, processing and reservation service and not to provision of the accommodation.
- The amount or calculation method of the Service Fee is clearly shown before the Reservation Request is submitted. The final amount payable is shown no later than in the payment step before the User pays.
- The Service Fee may differ per request, destination, period, complexity, payment method or other objective factors disclosed in advance in the price explanation.
Article 8 - Prices, currency, taxes and price communication
- Unless expressly stated otherwise, the following applies:
- the Service Fee is paid to BookWhenFull;
- the Hotel Price and Local Costs are paid directly to the Hotel / Provider;
- additional hotel costs may fall outside BookWhenFull's sphere of influence and may be due on arrival or departure.
- In its own price communication, BookWhenFull clearly shows what amount is the Service Fee, which amounts are not part of the Service Fee, which costs are mandatory and which costs are only indicative or may be due on site.
- Where legally required, mandatory costs of BookWhenFull's own service are included in the first price display for that service.
- If currency conversion takes place, the displayed method or source of conversion is leading, unless manifestly incorrect.
- To the extent the Platform ranks or personalises search results in a way that triggers statutory information duties, BookWhenFull provides appropriate information about this.
Article 9 - Payments
- In this model, the Service Fee becomes payable only after the Hotel / Provider has accepted the Reservation Request. Payment then takes place through the payment step shown on the Platform.
- BookWhenFull may use third parties for payment processing.
- If costs are charged for a payment method, they are clearly stated in advance and never higher than legally permitted.
- After the Hotel / Provider has accepted the request, the User receives a status update through the Platform and, if a Service Fee is due, the payment step for that Service Fee. After payment, further confirmation follows within the Platform.
- The User remains liable for chargebacks, reversals, unjustified payment disputes and related reasonable costs if the claim was valid under these terms and applicable law.
Article 10 - When BookWhenFull does or does not collect payments
- In this model, BookWhenFull collects only its own Service Fee.
- Only if BookWhenFull later formally changes its platform model and expressly communicates this on the Platform in advance may this be deviated from.
- As long as such a change has not been expressly communicated, the User pays the Hotel Price and Local Costs directly to the Hotel / Provider.
Article 11 - Service Fee refund policy
- If a Reservation Request is rejected by the Hotel / Provider or no Accommodation Agreement is formed, any Service Fee already paid will be refunded.
- This article concerns only the commercial refund logic of the Service Fee and not the statutory right of withdrawal in article 20.
- Refunds of the Hotel Price or Local Costs do not fall under this article, but under the terms and handling of the Hotel / Provider.
- Refunds are generally made through the same payment method used for payment, unless otherwise agreed.
Article 12 - Cancellations, changes, refusal, expiry and no-show
- Cancellations or changes to the stay itself are in principle governed by the terms of the Hotel / Provider and not by BookWhenFull, unless BookWhenFull expressly communicates otherwise.
- The User remains responsible for timely and correct cancellation or change requests to the Hotel / Provider where the hotel terms require this.
- No-show, late arrival, missing travel documents, visa problems, local admission requirements, missed check-in deadlines and non-compliance with house rules are in principle for the User's account, unless mandatory law provides otherwise.
- BookWhenFull may refuse or suspend a Reservation Request where there are well-founded indications of fraud, misuse, sanctions risk, security risk, obvious errors or impracticability.
Article 13 - Communication between user and hotel
- BookWhenFull may facilitate communication between User and Hotel / Provider through the Platform or by email.
- The User is responsible for timely checking of messages, confirmations, status updates and additional requests from the Hotel / Provider.
- Communication demonstrably sent through the Platform or to the contact details provided by the User may be recorded by BookWhenFull as sent. The User may provide evidence to the contrary.
Article 14 - Obligations of Hotels / Providers
- To the extent relevant to the relationship with the User, BookWhenFull may assume that Hotels / Providers supply accurate, complete and up-to-date information.
- BookWhenFull aims for careful display, but does not guarantee that all information supplied by Hotels / Providers is error-free, complete or permanently up to date.
- BookWhenFull may adjust, block or remove listings, information or availability where there are indications of inaccuracy, illegal content, misleading information, complaint patterns, safety issues or breach of contract by a Hotel / Provider.
Article 15 - Reviews and prohibited manipulation
- BookWhenFull may display user reviews, ratings and other user content.
- Reviews must not be misleading, unlawful, offensive, discriminatory, fake or manipulated.
- It is prohibited to buy or sell reviews, artificially stimulate them, have third parties post them without genuine experience, or selectively suppress negative reviews.
- BookWhenFull may moderate, not publish, temporarily block or remove reviews where there is reasonable cause.
- If BookWhenFull labels reviews as "verified" or similar, BookWhenFull explains how that verification takes place.
Article 16 - Limitations of liability
- BookWhenFull is liable for damage that is the direct result of an attributable failure in its own platform or reservation service, subject to the other provisions of this article.
- To the extent legally permitted, BookWhenFull's liability is limited to the amount of the fee paid for the relevant Service Fee, or to an amount that is reasonable and proportionate in the relevant case, unless there is intent, deliberate recklessness or a limitation is not permitted under mandatory law.
- BookWhenFull is not liable for indirect damage, consequential damage, loss of profit, missed savings, reputational damage or damage primarily resulting from acts or omissions of the Hotel / Provider, unless mandatory law provides otherwise.
- No provision in these terms limits rights of Consumers that may not be contractually excluded.
Article 17 - Exclusions of liability for hotel performance
- BookWhenFull is not responsible for the actual provision of the accommodation, performance of the stay, overbooking, no-show by the hotel, local safety conditions, local legislation, on-site damage, loss of luggage or property, or acts or omissions of the Hotel / Provider.
- This provision does not affect that BookWhenFull remains responsible for correct performance of its own separate service.
Article 18 - Force majeure, disruptions and external systems
- BookWhenFull is not liable for failures resulting from force majeure or external causes outside its reasonable sphere of influence, including disruptions in internet connections, payment providers, email traffic, hosting, API connections, cyber incidents, government measures, natural disasters, war, epidemics, strikes, sanctions and outages of external booking or communication systems.
- BookWhenFull may temporarily suspend its service if this is reasonably necessary for maintenance, security, incident response or legal compliance.
Article 19 - Complaints procedure
- Complaints about BookWhenFull's own service, including the Service Fee, the Platform and communication on behalf of BookWhenFull, may be submitted via info@bookwhenfull.com or by post to Lenteakker 171, 3206 TB Spijkenisse, the Netherlands.
- Complaints about the stay itself should in principle first be submitted directly to the Hotel / Provider.
- The User must submit complaints as soon as possible and with sufficient substantiation.
- BookWhenFull aims to confirm complaints and handle them substantively within a reasonable period.
Article 20 - Right of withdrawal for Service Fee
- To the extent the agreement between BookWhenFull and a Consumer qualifies as a distance contract for a service, the Consumer in principle has a 14-day right of withdrawal from the conclusion of the agreement.
- This right of withdrawal relates to BookWhenFull's separate service and not to the accommodation agreement with the Hotel / Provider.
- If the Consumer wants BookWhenFull to perform its service immediately during the withdrawal period, BookWhenFull requests express consent for this in the payment step.
- If the service has been fully performed within the withdrawal period, the right of withdrawal may lapse if the Consumer expressly consented in the payment step to immediate performance and acknowledged that they lose their right of withdrawal after full performance of the service.
- If the Consumer withdraws during the withdrawal period after expressly requesting commencement of the service, BookWhenFull may charge a proportionate fee for the part of the service already performed.
- BookWhenFull also makes the statutory model withdrawal form available and processes withdrawals by email or another unambiguous statement from the Consumer.
Article 21 - Privacy and personal data
- BookWhenFull processes personal data in accordance with applicable privacy legislation and the privacy policy published on the Platform.
- The privacy policy states, at a minimum, which personal data is processed, for which purposes, on which grounds, with which recipients, how long data is kept, which rights data subjects have and how international transfers are arranged.
- To the extent BookWhenFull shares personal data with Hotels / Providers or service providers, this is done only insofar as necessary for the service, legal obligations or legitimate interests, with due observance of the applicable rules.
Article 22 - Cookies and tracking
- BookWhenFull uses functional cookies and may also use analytical or other cookies.
- To the extent legally required, BookWhenFull requests prior consent for non-essential cookies or similar tracking technologies.
- Information about cookies, purposes, withdrawal of consent and settings is provided in the Privacy Policy and in the cookie settings panel on the Platform.
Article 23 - Intellectual property
- All intellectual property rights to the Platform, design, databases, texts, software, trademarks and content of BookWhenFull belong to BookWhenFull or its licensors.
- Without prior written permission, it is not permitted to copy, scrape, republish, sell, reverse engineer or otherwise commercially exploit content of the Platform, except to the extent mandatory law permits this.
Article 24 - Prohibited use, fraud, misuse, circumvention and account measures
- It is prohibited to use the Platform for unlawful, fraudulent, misleading or discriminatory purposes.
- It is prohibited to circumvent or manipulate security measures, access restrictions, pricing logic, booking systems or review systems.
- It is prohibited to post content that is illegal or infringes the rights of third parties.
- BookWhenFull may take measures, including warning, temporary suspension, refusal of requests, account blocking, removal of content and internal or external reporting, where there is well-founded cause.
- To the extent specific platform rules, such as the DSA, apply to BookWhenFull, BookWhenFull will provide the required information, reasoning and complaint options.
Article 25 - Suspension, termination and removal
- BookWhenFull may suspend or terminate access to the Platform or an account in whole or in part in case of breach of these terms, fraud indicators, security incidents, legal obligations or other compelling reasons.
- For B2B relationships with Hotels / Providers, separate partner terms may also apply.
Article 26 - Evidence, logging and digital communication
- Digital records, logs, timestamps, emails, payment data, audit trails and system data of BookWhenFull constitute evidence, subject to contrary evidence, of communication, requests, consents, payments, acts of use and moderation decisions.
- BookWhenFull may record and store relevant system information for security, fraud investigation, complaint handling and legal compliance within the limits of the law.
Article 27 - Invalidity and survival
If a provision of these terms is void or voidable, the other provisions remain fully in force. In that case, the relevant provision is deemed to be replaced by a valid provision that approximates its purpose as closely as possible.
Article 28 - Changes to terms
- BookWhenFull may amend these terms.
- Changes are announced through the Platform or by email before they take effect.
- For already concluded agreements, changes do not apply retroactively, unless mandatory law or the nature of the change allows this.
- For any business partners, the applicable platform rules on prior notification of changes also apply.
Article 29 - Applicable law and competent court
- Dutch law applies to the agreement between BookWhenFull and the User.
- This choice of law does not deprive a Consumer of the protection of mandatory provisions of the country where that Consumer has their habitual residence, insofar as those provisions would apply without a choice of law.
- To the extent mandatory law permits, disputes with BookWhenFull are submitted to the competent court of the district in which BookWhenFull is established, on the understanding that a Consumer may also rely on the court that is competent under mandatory consumer procedural law.
- Claims relating to the stay itself must in principle be assessed in the legal relationship between the User and the Hotel / Provider; in addition to contractual arrangements, rules of the country where the accommodation is located may also affect this.