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 accommodation provider’s property/ies into the Bookiply tool and to distribute them to various distribution channels (e.g. Holidu, Booking.com, Airbnb).
2. If the accommodation provider is offering property pictures to Bookiply, the accommodation provider 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 accommodation provider allows Bookiply to visit his property in order to take professional photos and create individual description texts.
4. The accommodation provider 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.
5. The accommodation provider 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.
6. The accommodation provider 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 accommodation provider is managing other distribution channels separately from the Bookiply tool.
7. When distributing a property, Bookiply reserves the right to increase the accommodation provider’s configured nightly rate according to the commissions charged to Bookiply by the respective distribution channels.
8. In order to eventually publish the property/ies online on the selected distribution channels, Bookiply needs a copy of the accommodation provider’s passport or ID card.
9. The very first guest reservation will be payed-out to the accommodation provider 2 working days after the guest’s check-in date.
10. The accommodation provider 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 accommodation provider 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.
11. Bookings coming from distribution channel sites are subject to the respective site’s payment and cancellation terms, not to the accommodation provider’s terms. The accommodation provider sees and accepts each site’s payment and cancellation terms by enabling the respective distribution channel in the Bookiply tool.
12. The accommodation provider offers a guarantee of the same or lower accommodation rates through the service as through any other own or third-party channel or distribution partner (excluding the respective channel or distribution partner commissions), for the same date(s) and for the same accommodation with the same configuration of contractual terms and restrictions, policies, amenities and accompanying services and facilities.
13. 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.
14. 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 accommodation provider.
15. If the accommodation provider cancels a booking, the accommodation provider 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 gets cancelled after 15 days or more
16. Bookiply does not require an exclusive cooperation, i.e. the accommodation provider can offer his properties to other distribution channels and Bookiply can do the same with other accommodation providers. 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 accommodation provider 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.
17. The accommodation provider 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.
18. The accommodation provider is responsible for paying any local taxes related to the renting of their vacation rental. Bookiply emits an invoice to the accommodation provider for each confirmed booking generated via the tool.
19. With this contract the accommodation provider 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.
20. 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 accommodation provider remains bound to meet the obligations in respect to the already procured bookings and fulfil them in accordance to this contract.