Terms and Conditions

Here you can read and download our terms and conditions  Terms and conditions – Version 2.2


Terms and Conditions ROOMERZZ

Table of content

 

1. Scope of and changes to Terms and Conditions. 3

2. Earnings of ROOMERZZ, earnings of provider. 3

3. Registration, formation of the terms of use, legal statements. 5

4. Obligations of the user: user account, system integrity, booking sites. 8

5. Dealing with content and rights. 10

6. Availability and alterations of the website. 11

7. Liability for third party sites. 11

8. Booking process, payment, billing, taxes. 11

9. Security deposit 14

10. Evaluation system – Reviews. 14

11. Duration, Termination. 16

12. ROOMERZZ’s liability. 19

13. Final Provisions. 19

 

 

1. Scope of and changes to Terms and Conditions

1.       The following Terms and Conditions (“Terms and Conditions”, “Terms”) apply to all visitors, users and others who access or use the online platform www.ROOMERZZ.com (“platform”). This service is operated by ROOMERZZ B.V. (“ROOMERZZ”, “us”, “we” or “our”).

2.     “User(s)” as defined in our Terms and Conditions are natural persons and legal entities who have registered at ROOMERZZ and whose registration has been confirmed by ROOMERZZ.

3.      ROOMERZZ makes the platform available for use, in particular the use of the database, solely in adherence to the Terms and Conditions as mentioned in this document.

4.     By registering and / or making use of our services, the user accepts the validity of the Terms and agrees to be bound by the Terms.

5.     ROOMERZZ reserves the right to alter the Terms and Conditions in the future should there be economical or legal necessity to do so. Alterations made will take effect after the user has consented to these changes. To reach this goal, it suffices ROOMERZZ to send an updated version of the terms to the email address the user has provided for informative purposes. If the updated Terms and Conditions are not disputed within one week, it shall be deemed as acceptance of and compliance with the changes by the user.

6.      Conflicting terms and conditions for the user are not valid without being detrimental to section 2.5, even if ROOMERZZ does not contradict the conflicting terms and conditions.

2. Earnings of ROOMERZZ, earnings of provider.

1.        It is an online platform on which users can offer accommodation in their hotels, B&Bs, apartments or other types of accommodation. ROOMERZZ provides the online marketing for these accommodations by presenting them simultaneously on multiple channels in order to increase the findability and occupancy rate.

2.       ROOMERZZ does not offer any accommodation; it limits itself strictly to being a mediator in the process of concluding an agreement between users.

3.       Lease and rental agreements are solely established between the providing user (“provider”) and the hiring user (“tenant”). ROOMERZZ is not a party in the agreement between users of the website. However, ROOMERZZ is authorised to act as a representative of the provider and has the authority to conclude agreements on behalf of the provider. Nonetheless, the provider and tenant are responsible for upholding and adhering to the contractual obligations. In case of negligence in adhering to or complying with the agreement, it needs to be conferred by the users. For this purpose, ROOMERZZ holds and distributes the contact details of both parties.

4.       ROOMERZZ does not explore the legality, accuracy or entirety of the offers published on the platform nor of the user information. These do not necessarily represent the vision of ROOMERZZ. ROOMERZZ is not responsible for the offerings by or information of third parties.

5.       Providers may use their own general terms and conditions for the accommodations they rent out, provided that these do not encroach upon the terms and conditions set by ROOMERZZ.

6.       Providers and tenants are solely responsible for the contents of the rental agreement of the accommodation and the applicable law(s) on that agreement.

3. Registration, formation of the terms of use, legal statements

1.       For the use of the database of ROOMERZZ a registration of the user is mandatory. Registration is free of charge and requires the user to accept and comply to the Terms and Conditions of ROOMERZZ. The user agreement between ROOMERZZ and the user becomes valid 48 hours after a confirmation mail of registration by the user has been sent to the email address provided by the user. In said email the user receives a signed Confirmation Form as well as the Terms and Conditions. No claim can be made towards conclusion of such a user agreement.

2.     When an accommodation is registered at ROOMERZZ by a user, a signature on the Conformation Form suffices. By signing this Confirmation Form the user admits having read the Terms and Conditions and agrees to be bound by the Terms and Conditions. After signing the Confirmation Form the user makes a selection of services provided by ROOMERZZ, as seen below. The services will be implemented 48 hours after sending the confirmation mail. Selected service may be

 

R Reservation List Free – compulsory

R Placing accommodation on selected booking sites Free – compulsory

R Per reservation 2% - compulsory

R Monthly optimisation prices accommodation Free

R Managing reviews Free – compulsory

R Support Local Area Manager (AM) Free

R Transfer key, per transfer Via AM

R SmartLock–give remote access to guests – once only Via AM

R Photographer Via AM



 

3.      Registering is solely granted to natural persons, legal entities and corporations with unlimited ability to act. Registration of and / or by a legal entity or corporation can only be executed by an authorized natural person whose name must be fully stated. At registration only individuals can be named as owner of the user account (i.e. no (married) couples or families).

4.     During registration / sign up it is compulsory for the user to supply correct, most current and full information as is required by the Sign Up and / or New Customer Form, in particular first name and surname, current address (a PO box number will not be accepted), the address of the accommodation which is being submitted to ROOMERZZ, a valid e-mail address and, if applicable the company name, if applicable the registration number and an authorized representative. The details provided must by correct and be current at all times. Multiple registrations under different names is prohibited. After registering the owner of the accommodation receives a conformation mail within 1 working days and a password and assigned username within 1 working day. After 2 working days the system is fully operational. ROOMERZZ is not liable if the system is not fully operational within 5 working days should:

a)   the owner of the accommodation has failed to supply ROOMERZZ with already existing log in details of other booking sites on which the accommodation is already being offered.

b)   the booking site(s), for whatever reason may be, does not grant access to its platform(s) after signing in by ROOMERZZ.

c)    unforeseen circumstance arises resulting in an impossibility to sign up the accommodation in a timely fashion.

5.     The user can receive legal statements on an email address chosen by the user.

6.      At the start of the service bookings that already have been made will have to be put in the system manually by the owner of the accommodation. Once the service starts, the owner of the accommodation will owe a fee of 2% to ROOMERZZ for all the new reservations that are booked in the system. An owner of the accommodation can add blocked dates in the online agenda. If ROOMERZZ, by means of service, submits already existing bookings to the system, ROOMERZZ cannot, in any circumstance, be liable for wrongful entry of a booking. The owner of the accommodation verifies on own accord if all reservations have been entered in the system. Furthermore, ROOMERZZ fills in text(s) which have been submitted by the owner of the accommodation to various booking channels. ROOMERZZ is in no way liable for inaccurate texts. The owner of the accommodation will have to check the submitted text to the booking channels in their own accord.

7.      After the owner of the accommodation agrees to the terms and conditions the user agrees to a legally binding agreement for a minimum of three months, after which an automatic continuation for an undetermined period will go in effect. The actual continuation of the agreement is free of charge. After the trial period, the agreement can be cancelled on a monthly basis free of charge. Cancelling of the agreements should be done in writing, or via e-mail, not later than the 25th of the month. The agreement consists of providing services in the package of choice with corresponding possible charges per package, as can be viewed in section 3.2 of the Terms and Conditions.

8.     Should the owner of the accommodation cancel the agreement within 3 months, the owner of the accommodation will owe € 300 (three hundred euro) to ROOMERZZ. This amount can immediately be laid claim to. Should the cancelations be done after 3 months, however before the automatic continuation, no shall be owed to ROOMERZZ. The trial period consists of a minimum and maximum of 3 months. After 3 months the owner of the accommodation agrees to a legally binding agreement for an undetermined period of time, which can be cancelled on a monthly basis. This should be done not later than the 25th of a month, effected on the 1st of the following month with a cancellation period of 1 month. The date on which a signed Conformation Form, sent by ROOMERZZ will be seen as the starting date on which the Terms and Conditions apply.

9.     ROOMERZZ uses “Stripe” for handling payments. “Stripe” has their own Terms and Conditions. These terms apply to any agreement with ROOMERZZ. The Terms and Conditions of “Stripe” can be found by clicking HERE. All Terms described on this page of “Stripe” are applicable.

10.  Should the owner of the accommodation make use of a photographer assigned by the Area Manager to make photos of the accommodation and decides to use these photos for booking sites, payment of an amount found in section 3.2 will be made to the Area Manager by the owner of the accommodation. ROOMERZZ is not liable in any way concerning this particular agreement.

11.    In case of cancelation by a user by means of agreed upon course of action, the owner of the accommodation adheres to the following items:

a.     Until the end of the agreement (including the cancellation period) the user owes all fees.

b.     Liability of all reservations after the agreement with ROOMERZZ lies with the user. This includes reservations made during a period in which the contract was still valid.

c.      All credit card details used by guests who have made a booking are no longer available. Arriving guests will have to pay at the accommodation itself. The owner of the accommodation will have to export a reservation list from the current reservation system on their own accord. ROOMERZZ is in no way liable for missed bookings and / or income.

d.     Accounts that have been created by ROOMERZZ on booking channels will be removed. The user cannot adopt these accounts. Pre-existing accounts will be released. The owner of the accommodation is responsible for accessing these accounts.

12.  ROOMERZZ, amongst other things, supplies a reservation system. Reservations by guests are done via booking channels (Booking.com / Expedia / HoeAway / etc.) These channels have their own Terms and Conditions and supersede the Terms of ROOMERZZ.

13.   ROOMERZZ reserved the right to alter service costs at any given time. This is not applicable to contracts already agreed upon. The user will be informed about service costs in a timely fashion via email by means of the booking review.

4. Obligations of the user: user account, system integrity, booking sites.

1.       The owner of the accommodation is solely responsible for all content that the owner wishes to have placed on the various booking sites. ROOMERZZ copies the contact that is supplied by the owner of the accommodation. The owner of the accommodation obliges him or herself in relations to ROOMERZZ to not supply unlawful content to booking sites and to refrain from unlawful conduct. ROOMERZZ is not liable for wrongfully supplied texts and / or content.

2.     The owner of the accommodation should make sure that the accommodation provided by the owner is fully and rightfully described. The owner is obliged to, as a minimum, supply details as asked by required fields of the sign-up form of ROOMERZZ so that the accommodation and the range on offer have been sufficiently described. Additionally, the user is free to add additional terms, such as a deposit amount, costs of a final clean, cancelation fees, etc. The various cancelation fees to which an agreement can be made can be found under ‘cancellation terms’. The owner of the accommodation is solely responsible for supplying cancellation terms.

3.      The owner of the accommodation is obliged to make available current and accurate information to its member account. In case of any changes the owner of the accommodation is obliged to immediately notify ROOMERZZ. An account is not transferable or hereditary.

4.     The owner of the accommodation is the sole person who can use the account and is obliged to keep the password undisclosed to others.

5.     The owner of the accommodation is liable to ROOMERZZ for all acts and activities during use of the member account.

6.      When the user becomes aware of the possibility that a third party may have access to his / her details, or in any form have granted access to their account to others, the user is obliged to immediately notify ROOMERZZ. ROOMERZZ has the authority to block the member account until the issue has been resolved.

7.      Every user should check the identity of the contract partner in question on their own account. ROOMERZZ does not accept any form of liability for the correctness of the contact details of the users that are stated on the platform.

8.     The user is obliged to set up his / her systems, (software) programmes connected to the range ROOMERZZ offers in such a manner that these do not interfere or influence the safety, integrity or the availability of the systems provided and / or used by ROOMERZZ. Users may not block, rewrite, alter content created by ROOMERZZ or obstruct in any way any service offered by ROOMERZZ. ROOMERZZ is authorised to take any necessary measure, as can be found in section 12.1, needed to safeguard the systems of ROOMERZZ or third-party members

9.     Users can only use addresses, contact details and e-mail addresses, which they have gained by means of using the website, for no other purpose than for contractual communication. In particular, it is strictly prohibited to supply these details to unauthorised people or to send adverts, unless permitted on forehand by ROOMERZZ.

10.  The user is not allowed in any circumstance to send mass messages, which contain the similar or exact content, via the platform. Any form of spam or comparable aggravating acts towards other users or third parties is strictly forbidden.

11.    Every user is solely responsible for saving any information that can be seen on the website and which are saved by ROOMERZZ on one of ROOMERZZ’ independent storage mediums, and which are required for the purpose of saving of proof, bookkeeping, etc.

12.  If the accommodation is placed on the booking channels, the accommodation owner checks the accounts. ROOMERZZ ​​is in no way responsible for the text, photos and prices on the booking channels. The accommodation owner checks the accounts on the booking channels for text, photos and prices and is responsible for these.

13.   In case of a breach of the Terms and Conditions by a user, ROOMERZZ shall be empowered to execute their virtual rights. ROOMERZZ can deny the user in question their service, remove the content that the user uses or take other measures that fall under the definition of section 12.

14.  In the event that an owner of the accommodation receives an invoice from ROOMERZZ, the invoice should be paid within 15 days by the owner of the accommodation. After 15 days ROOMERZZ will send a reminder, after which payment needs to be settled within 5 days. 20 days after the first invoice was sent, ROOMERZZ will send a final notice. In this final notice ROOMERZZ will state that should a payment not be done in a timely fashion, a legal debt collecting agency will be engaged to collect the outstanding amount. Any costs that come from this will be charged to the owner of the accommodation. After 25 days ROOMERZZ will declare the owner of the accommodation in default and hands over collection of the outstanding amount. The collection will be carried out by a legal debt collecting agency of the same country of residence as the owner of the accommodation.

15.  In case of ROOMERZZ carrying out collections of payments done by guests, ROOMERZZ will disburse these once a month to the owner of the accommodation. ROOMERZZ also disburses outstanding invoices of the accommodations within the booking sites. The amounts will be offset with the outstanding amount(s) at the end of the month.

5. Dealing with content and rights

1.       Within the range of the platform, users can place a variety of media in order to enhance the appeal of their offers to potential clients. Certain rules must be adhered to be ensured that any media or other content that has been made publicly available have been purchased and used in a legal manner in such a way that liability under no circumstances lies with the user or ROOMERZZ. The rules and regulations have been deducted from the existing general copyright, trademark and other marks and have been appended to these Terms and Conditions.

2.     ROOMERZZ stores the multimedia (pictures, texts, et cetera), which have been made publicly available by its users, or solely supplies in needed memory space needed to grant access to this media. Claims by third parties will be recuperated from the user as all liability concerning the making public of such multimedia content lies with the user. This provision is mainly of effect concerning cost of legal persecution and the use of legal aid / assistance.

3.      The user is responsible for adhering to the existing general copyright, trademark and other marks concerning multimedia that has been made publicly available as well as the general norm concerning decency and appropriateness. Furthermore, the user takes care that the multimedia that has been made publicly available does not violate the rights of third parties concerning general copyright, trademark and other marks, such as right of publicity. The user does not make any content available that is pornographic, violent or racist of nature. In specific, the user does not make publicly available any content that is in violation of The Netherlands Code of Criminal Procedure or the framework convention concerning the protection of minorities. This provision also applies to communication via email or other electronic ways of communication via the online platform.

4.     By making multimedia publicly available, the user grants ROOMERZZ the right to use its contents without costs, without limits and on any desired location. In specific these user rights entail the right to make multimedia content available for offline purposes, in printed or electronic form, by use of wired or wireless connections on any multimedia system (smartphones, tablets, et cetera.)

5.     Content offered via ROOMERZZ is protected by copyright. In general, the platform is used by an individual using a web browser. The use of technologies such as webspiders, crawlers or similar software with the purpose of, not only indexing the content of the website, but also granting mass access to the platform and / or saving content is prohibited. This includes technologies which use screenscraping and / or operate other services by third parties.

6.      When these provisions and guidelines of these Terms and Conditions are breached, ROOMERZZ reserves the right to refuse content, to immediately delete and block content and to remove links directed to the content. In these cases, the user does not have the right to restore the content on the internet platform and does not have the right to release the deleted user account.

6. Availability and alterations of the website

1.       The user does not have the right to permanent use of the platform. In particular, ROOMERZZ is not obliged to guarantee the availability of the platform. However, ROOMERZZ focuses on functionality and availability of its platform, taking appropriate counter measure against disruptions and malfunctions and ensuring that the users are served in the best way possible.

2.     ROOMERZZ can temporarily block access in case of emergency concerning safety, integrity, limit of capacity and technical measures (maintenance). ROOMERZZ especially puts in effort to ensure the interests of the client by notifying the user at an early stage.

7. Liability for third party sites

1.       Various pages of the platform contain links to other internet webpages maintained by third parties, with a content unknown to ROOMERZZ. ROOMERZZ solely provides access to these webpages and is in no way liable for their contents. Links to third party websites are mostly geared towards navigation. ROOMERZZ does not encourage the visiting numbers of these websites and would rather distance itself from the contents of all internet pages to which the platform directs. Solely the owners of the webpages that ROOMERZZ links to are responsible for the content, the product(s) and the / or the services that they offer on their webpages. The booking sites to which the user account is connected have their own Terms and Conditions. By agreeing, accessing or using the service of these booking sites, the owner of the accommodation agrees to be bound by these Terms of the linked booking sites. The Terms and Conditions of these booking sites supersede the Terms of ROOMERZZ.

8. Booking process, payment, billing, taxes

1.       When a user places an accommodation on various booking sites via ROOMERZZ this will be seen as a non-committal invitation to make a bid on this accommodation. Hereafter, a second user can make a proposition to come to a rental agreement for this accommodation. The agreement will be binding if the user accepts the offer within the set timeframe, in accordance with the ROOMERZZ procedure. In any other case, the second user will not be bound to the agreement.

2.     Cancelations will be deemed as withdrawal of planned check-in. A choice can be made from the given options as noted in the Terms of Cancelation. If in case of cancelation reimbursement should be necessary, these will be submitted by ROOMERZZ to the user using the same, user chosen, channel within the meaning of section 8.4.3. In case of a payment not done via ROOMERZZ, the owner of the accommodation is responsible for reimbursement.

3.      The user must ensure that:

a.     The descriptions of the accommodation and any placed images are not in violation of law or in breach of the rights of third parties and that solely the user is connected to the accommodation on offer.

b.     There is correct reference to successful bookings of the accommodation.

c.      The placed information is not a direct translation of content owned by third parties.

d.     He /she adheres to the legal statements with regards to legal provisions and statutory regulations concerning payments, invoice rights and taxes. Adhering to these provisions, regulations and duties are the sole responsibility of the offering party. ROOMERZZ reserves the right to request proof from the user which confirms the placed information about the accommodation by the user. The lessor has the responsibility, in all its totality, lies with the lessor concerning adhering and complying to provisions, regulations and (legal) duties. ROOMERZZ reserves the right to check the offer(s) and request corresponding proof.

4.     Payment processes via booking engine sites are subject to the following conditions:

a.     The agreement will be in effect by showing the total amount due at the end of the payment menu. This amount includes rent and service costs, which are made up of an administrative component and an owner-location component, determined by the rent. After the booking has been made, ROOMERZZ notifies the users of the content and total price.

b.     The tenant is obliged to pay the entire amount shown in the booking. This can be done via various payment options in the payment menu, owned by “Stripe”. ROOMERZZ receives the money from the tenant on behalf of the lessor and stores it for the lessor in a non-interest-bearing trust account or own its own business ABN AMRO bank account. The tenant might have to pay extra costs should the debt collection be unsuccessful. This is not the case in an event where the tenant is not responsible for failed debt collection.

c.      In conclusion of the booking process, ROOMERZZ transfers the money to the lessor after the tenant has completed their stay. ROOMERZZ makes one payment per month, at the end of the month, to the lessor. If the use of the accommodation has not been finalised via a contract, the tenant can reject this obligation set by ROOMERZZ. Instructions to ROOMERZZ must be communicated immediately via the contact form.

d.     The lessor will adhere to the payment obligations of the service costs set by ROOMERZZ though allowing ROOMERZZ to transfer the money paid by the tenant to a personal account of the lessor, minus the costs (see 8.11). In this way the user does not need to make any more own payments.

e.     Users can only offset payments due/ or future claims of administration costs by ROOMERZZ if these claims have been legally determined or are undisputed. Assigning claims to third parties is not possible.

5.     The lessor is required to make the invoice available to the tenant, should the latter request it. ROOMERZZ supplies the lessor with an invoice including the administration costs, albeit bar the turnover tax or comparable indirect taxes in compliance with fiscal provisions, unless explicitly indicated otherwise in these terms and conditions.

6.      Unless ROOMERZZ has been notified differently, it will be disputably assumed that the lessor act in a capable business-like manner and is aware of resulting (turnover) tax duties and complies with them accordingly. ROOMERZZ is authorised to request proof of business acumen of the lessor. ROOMERZZ pays the owner of the accommodation including existing VAT/taxes. ROOMERZZ diverts the VAT/taxes to the owner of the accommodation. The owner is obliged to pay taxes. The owner of the accommodation is obliged to surrender tourist tax. ROOMERZZ is not responsible for surrendering taxes that the owner of the accommodation owes. Within Europe it differs per country. ROOMERZZ ​​may have been instructed by a European country to reserve the VAT and pay it directly to the tax authorities. The monthly payment of ROOMERZZ ​​to the accommodation owner will then be without the tax percentage. ROOMERZZ ​​will clearly state this on the monthly credit note

7.      The lessor reserves the right charge extra costs based on use and usage (in particular: electricity, water and heating). The lessor must inform the tenant that he has the standard right to charge for these costs prior to finalising the agreement. These costs will not be included in the determining of the service costs. This also applies to any form of bond or deposits.

8.     Booking vouchers supplied by ROOMERZZ can be used by tenants to make bookings within a certain period. The lessor will not receive payment.

9.     Users are not permitted to bypass aforementioned booking- and payment processes set by ROOMERZZ, in particular this is valid for the administration and service costs.

10.  Should the tenant rent an accommodation through a booking site, the tenant will pay directly to ROOMERZZ.

11.    ROOMERZZ puts this amount aside and disburses this once a month to the owner of the accommodation on the account chosen by the owner. This amount will consist of the reservation total, minus the commission of the booking channels, minus the fee for ROOMERZZ, minus the existing bank costs and possibly minus the VAT to be paid to the tax authorities of the country where the accommodation is located.. ROOMERZZ indicates a booking fee of at least 10%, which is entirely to the benefit of ROOMERZZ, on the account of the booking site of the accommodation at the start of the service.

12.  ROOMERZZ pays the reservations per month. Accommodations located outside of Europe pay ROOMERZZ will pay VAT Reverse Charged. This means that the accommodation owner must pay taxes to the local authorities. ROOMERZZ cannot be held liable in any way for taxes to be paid outside of Europe. All amounts collected and paid out from and at the accommodations include taxes

13.   ROOMERZZ ​​mentions a room rate per night on the booking channels. This price includes VAT. On request ROOMERZZ ​​can state the tourist tax on the booking channels but will not collect it. All tourist taxes are collected by the property owner from the guest upon check in

14.  It is absolutely forbidden to request an email address from a tenant on a booking channel. It is also forbidden to give a hint via the booking channel to have the tenant contacted directly. If this rule is violated, ROOMERZZ ​​can block the account of the accommodation owner on the channel(s)

9. Security deposit

1.       The lessor can choose to place a security deposit in their offer. Should a lessor demand payment of a security deposit from the tenant on the day of check-in, the lessor is obliged to indicate the relevant details, being amount of the deposit and payment method, in the offer. The amount of the security deposit must be determined before the booking takes place. Furthermore, it should be clear when the amount should be paid (e.g. three months prior to check-in, cash on arrival). The information must be indicated by using the services offered by ROOMERZZ, so that these added requirements are visible within the offer on the ROOMERZZ website.

2.     Should the lessor not have indicated aforementioned information prior to the booking, but does insist on payment of a security deposit after the booking has been made and the tenant does not agree with this, then this shall be seen as a failure to meet agreements made in the contract with ROOMERZZ and therefore be a breach of contract. ROOMERZZ reserves the right to cancel the booking and charge the lessor with a cancellation fee.

3.      ROOMERZZ is not responsible in any way for the administration and / or acceptance of and / or safekeeping of the security deposit by request of the lessor and thus ROOMERZZ rejects any form of responsibility concerning this.

10. Evaluation system – Reviews

1.       Every booking site has an evaluation system. This system is called: Reviews.

2.     After completion of the agreement between tenant and lessor ROOMERZZ / the booking site allows the users to evaluate each other. The website gives users the opportunity to evaluate the renting and letting of the accommodation after the agreement has been carried out. The evaluations should lead to a useful register of the reliability of the users. The evaluations will not be assessed by ROOMERZZ on forehand. The user is responsible for managing the reviews. Because of this ROOMERZZ rejects any form of responsibility concerning managing the reviews. The user automatically authorises, by accepting the Terms and Conditions, the Area Manager of ROOMERZZ to carry out the proceedings, however the owner remains responsible for this process. Both the Area Managers and ROOMERZZ are not liable for any given review.

3.      The user is obliged to solely give truthful statements in his / her evaluation and is obliged to adhere to corresponding legal provisions. The reviews of users may not violate the rights of third parties or infringe upon privacy laws and rights. Reviews must be made in an objective manner and cannot contain any form of defaming criticism.

4.     Any use of the evaluation system that is in violation of the goal of the evaluation system is prohibited. Users are explicitly forbidden to write reviews about themselves or enabling third parties to include matters that do not relate to the handling of underlying agreements, or using evaluations for any other purpose than trade on the website.

5.     ROOMERZZ does not intervene without just cause in the evaluation system. ROOMERZZ neither alters nor deletes evaluations. Evaluations cannot be altered after they have been posted unless ROOMERZZ is legally obliged to do so. Reviews cannot be altered after being posted. They are stored permanently in the reviewing profile of the user and can be seen by all visitors of the websites. ROOMERZZ is authorised to add a comment to a review if this is useful for clarification purposes and for giving a better insight in the corresponding review.

6.      In case of improper use of the evaluations by a user, ROOMERZZ reserves the exclusive rights to delete the evaluation and to take measures as stated in paragraph 12. In particular this applies when:

a.     the evaluations must be removed as a result of an enforceable legal judgement against the person(s) who have placed the evaluation.

b.     the evaluation contains vulgar, obscene, racist, prohibited material for minors or criminal insults.

c.      the evaluation contains details of another member, e.g. name, address, telephone number, e-mail address, et cetera.

d.     the evaluation contains unacceptable links or texts and if a user by mistake has left a negative evaluation for a user but has rectified said post and added the post to the correct user.

e.     the evaluation has been done by a person who, at the time of placing the review, was not authorised to do so (e.g. a minor).

f.       the evaluation is made by users whose member account has been blocked by ROOMERZZ within 90 days of registration. The evaluation cannot be removed with member accounts that have been blocked, for instance due to non-payment of a commission, or in situations wherein the user gets the opportunity to solve the problem and the member account is restored.

g.     If both parties agree, they can choose to retract the post online. The evaluation will be deleted and will not be shown in the evaluation profile of the account. The comment will be saved en added into with a mention of the retraction. The booking channel takes the final decision.

7.      ROOMERZZ can adopt the managing of the reviews without charge. However, this will be done by use of a standard text. Specific answers to specific questions will have to be seen to by the owner of the accommodation him / herself, or the authorised Area Manager of ROOMERZZ.

8.     Should the owner of the accommodation, due to many negative reviews, be suspended on a booking site, ROOMERZZ will automatically suspend the accommodation on other booking channels. Within 48 hours the owner of the accommodation will receive an email from ROOMERZZ. In it there will be a summary of all deficiencies of the accommodation. The owner is obliged to deliver a list of implemented improvements to ROOMERZZ a week before the end of the suspension. The local Area Manager of ROOMERZZ checks if ascertained deficiencies have been dealt with in a satisfactory manner so that negative reviews can be prevented. The owner of the accommodation can make use of the existing knowledge of ROOMERZZ by making a plan of action. If the Area Manager approves, ROOMERZZ will place the accommodation on booking sites again, after the booking channel that initially carried out the suspension has placed the accommodation again.

9.     If the owner of the accommodation has not sufficiently implemented improvements according to the Area Manager, see section 10.9, the owner will receive one more opportunity (7 working days) to implement improvements. After said 7 working days, the improvements must be implemented and checked by the Area Manager.

10.  Should the accommodation after the set term in 10.9 not comply with proposed improvements, according to the Area Manager, ROOMERZZ reserves the right to;

a.     Assess the accommodation again at a further set term to check implemented improvements.

b.     Block the accommodation from the booking channels thereby coming into effect of 3.11. However, ROOMERZZ will then be the party to unilaterally cancel the agreement.

11. Duration, Termination

1.       The user agreement will be concluded for an indefinite period. Here, the regulations as stated in section 3.6, 3.7 and 3.8 of these Terms and Conditions apply.

2.     The user can terminate the agreement, as stated in sections 3.6, 3.7 and 3.8. A written notification of termination to ROOMERZZ (e.g. letter or e-mail) will suffice, however the conventions as stated in sections 3.6, 3.7 and 3.8 apply. Existing and approved or mediated rental agreements of the user with other users remain intact after the ending of the agreement. This also applies to outstanding payments.

3.      ROOMERZZ can, at any given moment, terminate the agreement. ROOMERZZ will notify the user 5 days in advance.

4.     This does not influence the right to block, the right to terminate on reasonable grounds, as well as the individually agreed upon rights to terminate of the user. There are reasonable grounds if:

a.     The user does not comply to the obligation of total or partial payment, despite the sending of a notification in which a suitable term has been indicated;

b.     The user does not meet his obligations according to these Terms and Conditions and, despite a reminder with a suitable term, does not take any correctional measures. A reminder is not needed if it is deemed useless, or if the violation is of such a severe nature, or of the continuation of the agreement is of such a limiting, that this is unreasonable for ROOMERZZ. Moreover, the severity of the violation can be the result of the fact that the user has been warned several times for similar violations;

c.      The law, a court of law or an authority demands that the site can no longer be offered in this fashion;

d.     ROOMERZZ terminates its platform and / or its activities;

e.     On the assets of the owner insolvency procedures have been opened;

f.       Measurements have been taken in case of violation of the law and /or the agreement by the user.

5.     If there is sufficient evidence that a user deliberately violates legal provisions, rights of third parties and / or the Terms and Conditions, or if ROOMERZZ has an otherwise justifiable concern, in particular the protection of members against fraudulent acts, ROOMERZZ can, pending the conditional terminational, take one or more of the following actions:

a.     Warn the user;

b.     Remove the offers and other content of the user from the booking sites;

c.      Limit or terminate the use of the account by the user;

d.     Temporarily or permanently block the user from the platform;

e.     Challenge existing rental agreements on behalf of the host and cancel without regards for the applicable cancelation agreements and reject the user’s offer in name of the host before the completion of the rental agreement;

f.       ROOMERZZ take the legitimate interests of the user in question into account while choosing these measures;

g.     Rental agreements completed between the user and other users will not be affected by the removing of the offers. The same applies to already recoverable commissions. Should an offer that has not been accepted by a user be removed by ROOMERZZ, no effective rental agreement will be closed.

6.      ROOMERZZ reserves the right to permanently block a user from using the website and / or services of ROOMERZZ in all of the following cases, in which the legitimate interests of the user will be taken into account. ROOMERZZ reserves the right to exclude a user when:

a.     There are repeating negative reviews in the evaluation system according to section 10 (see 10.9, 10.10 and 10.11) and the blocking is a necessity to protect the interests of other economic operators;

b.     False contact details have been given in a members account, in particular a false or invalid email address;

c.      A members account has been signed over to another party.

d.     There are reasonable grounds for similar risks and a lack of responsibility on the user’s end;

e.     A user has an acceptance and / or occupancy rate that is significantly lower than the average acceptance and / or occupancy rate and an improvement is not in the line of expectations;

f.       When a user has been permanently blocked by ROOMERZZ, the user has no rights to the recovery of the blocked user account. The user may not use the website via another account or register again.

7.      In the event of bankruptcy or cancellation of business operations by the accommodation owner, the following conditions apply

a.     ROOMERZZ ​​disconnects the accommodation from the booking channels. If an account of a booking channel is owned by the accommodation owner, it will be returned to the owner. Booking channel accounts created by ROOMERZZ ​​will be deleted.

b.     Existing reservations, of which ROOMERZZ ​​has collected the deposit, are refunded by ROOMERZZ ​​to the guest by means of a refund

c.      For the costs incurred and missed fee for ROOMERZZ, the accommodation owner will receive an invoice, where the agreed payment period of 15 days applies.

12. ROOMERZZ’s liability

1.       ROOMERZZ is not responsible for the behaviour of its users. In particular, ROOMERZZ is not liable for the adhering to obligations arising from the rental agreement between the users and the tenants, so not for the contractual execution of the agreement and / or for damage of whichever nature by one of the parties of the agreement. ROOMERZZ solely acts as a mediator.

2.     ROOMERZZ has unlimited liability concerning intent and grave negligence. In case of minor negligence of a primary obligation or of a secondary obligation, which endanger the goal of the agreement or through which sufficient execution of the agreement becomes possible, and with which the client has to be familiar (‘essential secondary obligations’), the liability of ROOMERZZ is restricted to typical, foreseeable damage by the closing of the agreement.

3.      Since ROOMERZZ has no part in the contractual agreement between tenant and lessor, ROOMERZZ cannot be made liable for contracts for accommodations.

13. Final Provisions

1.       ROOMERZZ reserves the right to transfer its rights and obligations in this agreement in total or in part to third parties.

2.     When a property manager signs up for ROOMERZZ, ROOMERZZ ​​assumes that all owners of the accommodations have given permission to place their accommodation through ROOMERZZ ​​on various booking sites via the property manager. ROOMERZZ ​​is not liable if the property manager has not given permission. ROOMERZZ ​​cannot be held responsible for not granting approval

3.      This agreement is solely governed by Netherlands material law with the exception of the UN treaty concerning the International Sale of Goods and the Netherlands International Private law.

4.     When the user is a consumer as stated in article 230g, paragraph 1 of book 6 of the Dutch Civil Code, then this has no effect on the laws concerning consumer protection applicable in the country of residence of the consumer.

5.     Should a separate provision of these Terms and Conditions partially or entirely be lapsed, then the remaining Terms and Conditions will still apply. In case of such a lapse, the concerning provision will be replaced by a legal provision.

6.      All statements in the context of the closing of the user agreement must be send to ROOMERZZ in writing or by e-mail. The postal address as well as the e-mail address must be identical to current contact details in the account of the user.

7.      Disputes resulting from these Terms and Conditions shall be settled before the Amsterdam Court House, The Netherlands.

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

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