General Terms and Conditions - Bookiply GmbH

1. Bookiply is offering a software tool (hereinafter “Bookiply tool”) to distribute and market vacation rental properties (hereinafter “properties”) on various distribution channels. This includes the initiation and conclusion of travel agreements - further referred to as “bookings” - and their amendment, cancellation and termination as well as certain responsibilities related to payment handling and dispatch of travel documents described hereafter. All services provided are in digital form and no hard copies of data or services will be made available. Both parties agree to integrate the customer’s property/ies into the Bookiply tool and to distribute them to various distribution channels (e.g. Holidu, Booking.com, Airbnb).

2. If the customer is offering property pictures to Bookiply, the customer guarantees to hold the respective image copyrights and allows Bookiply to use and amend these pictures. In case there are no high-quality pictures available, Bookiply is entitled to create new, own image material, at which Bookiply then holds the exclusive image copyrights.

3. If there are no property description texts or pictures available, the customer allows Bookiply to visit his property in order to take professional photos and create individual description texts.

4. The listing of the property/ies in the Bookiply tool (including pictures and description texts) is free of charge for the customer.

5. Also usage of the Bookiply tool is completely free of charge for the customer.

6. The customer guarantees that all calendar data and availabilities listed in the tool are always up to date, in order that properties can be instantly booked online by guests, without any prior request and confirmation thereof being necessary. In case of instant bookings, they are automatically confirmed by Bookiply and they are binding.

7. The customer entitles Bookiply with a collection mandate in order to collect the booking amount of each booking directly from the guest or from the distribution channel. This includes next to the rental prices all additional charges which are payable prior to arrival as well as all amendment and cancellation charges.

8. The customer can use the Bookiply tool for exclusive distribution of his property/ies, which means that the only distribution channels used are the ones managed through the Bookiply tool. In the opposite case of non-exclusive distribution the customer is managing other distribution channels separately from the Bookiply tool.

9. The commission cost of the Bookiply tool is 4% of the configured price in the case of non-exclusive distribution or 2% in the case of exclusive distribution, regardless of the distribution channel selected and the distribution channel where the booking takes place. No VAT applies, as Bookiply is an intra-Community operator.

10. When distributing a property, Bookiply reserves the right to increase the customer’s configured nightly rate according to the commissions charged to Bookiply by the respective distribution channels.

11. In order to eventually publish the property/ies online on the selected distribution channels, Bookiply needs a copy of the customer’s passport or ID card.

12. The very first guest reservation will be payed-out to the customer 2 working days after the guest’s check-in date.

13. The customer can obtain the Bookiply payout conditions by providing the following document: recent copy (maximum 3 months old) of a billing document (heating, electricity, telephone etc.) from his property/ies. If the customer is an agency, he should provide the agency contract including the homeowner’s signature. If these documents can’t be provided, the payouts will always be completed only 2 days after the guest’s check-in date.

14. Bookings coming from distribution channel sites are subject to the respective site’s payment and cancellation terms, not to the customer’s terms. After having received the guest’s pre-payment and payment, Bookiply transfers the pre-payment and remainder amounts to the customer, deducting its 4% (or 2% if exclusive distribution) commission. The customer sees and accepts each site’s payment and cancellation terms by enabling the respective distribution channel in the Bookiply tool.

15. The customer guarantees to submit Bookiply his best price. The best price is defined as the price that the customer eventually wants to have paid-out or the published channel price minus the respective channel commission. For example: the published price on HomeAway minus the HomeAway commission.

16. Bookiply agrees with every single distribution channel on their cancellation policies towards the guest. In case a guest cancels a booking, he is obliged to pay the respective amount.

17. Bookiply, having the collection mandate, is authorized to collect the open booking amount according to the respective cancellation policy. After receipt, Bookiply directly forwards the amount minus possible administration fees to the customer.

18. If the customer cancels a booking, the customer is obliged to immediately reimburse Bookiply with the pre-payments already made. If this cancellation is due to force majeure (property being sold, accidents, natural disasters), no penalty shall apply. In the opposite case, the following penalties shall apply:
10% of the total received if the booking gets cancelled within 7 days after the booking has been made
20% of the total received if the booking gets cancelled within 8-15 days
30% of the total received if the booking get cancelled after 15 days or more

19. Bookiply does not require an exclusive cooperation, i.e. the customer can offer his properties to other distribution channels and Bookiply can do the same with other customers. For this reason, Bookiply is not guaranteeing any minimum occupancies or booking volumes. As soon as a property is being booked through another distribution channel, the customer is obliged to manually update his Bookiply calendar, in case no automatic calendar synchronization is in place. The calendar’s accuracy and up-to-dateness is indispensable due to Bookiply’s instant booking offer.

20. The customer can always add a new booking / reservation to the Bookiply calendar if there is not already a booking / reservation generated through Bookiply. In this case, the booking / reservation through Bookiply prevails.

21. The customer is responsible for paying any local taxes related to the renting of their vacation rental. Bookiply emits an invoice to the customer for each confirmed booking generated via the tool.

22. With this contract the customer assumes full responsibility to observe the current law, exempting Bookiply, its affiliates, its employees and any representative from any expenses and / or sanctions due to any committed infringements.

23. The cooperation agreement is valid after signed by both parties and is entered into for an indefinite period. In case of a contract termination, no matter of which reason, the customer remains bound to meet the obligations in respect to the already procured bookings and fulfil them in accordance to this contract.