These are the Terms of Use of Holidot, Chamber of Commerce 02082347, Groningen, The Netherlands and having its registered offices at Zernike park 12, Groningen the Netherlands, VAT number 8126.39.005.B.01, which are applicable to the services of Holidot.
1. Holidot Services
The services provided by Holidot consist of providing our users with information about recreational and travel facilities and accomodations throughout Europe as well as the facility to – directly or indirectly - book your facility and/or accomodation through our website www.holidot.com (hereafter: the Website). The information on the facilities and accomodations that is available on the Website is provided by third parties. Therefore, Holidot has no or at most very little control over the quality or accuracy of the information thus provided and/or the bookings performed directly through the provider of the facility or accomodation.
2. Scope of the Terms of Use
2.1 These Terms of Use apply to the use of the Website, to all offers made by Holidot and to all agreements where Holidot is a party.
2.2 By using our services, you agree to bound by these Terms of Use. Holidot is entitled to modify these Terms of Use at any time without prior notice to its users. We recommend therefore to (re)view these Terms of Use upon your repeated use of our services.
2.3 You are responsible for the filing and printing of the Terms of Use and the booking agreement, if so desired, by using the facilities made available on the Website, and you are also responsible for the accessibility of the filed copy.
3. Intellectual Property Rights
3.1 You acknowledge and agree that our Website includes files which are owned by Holidot, its licensors and/or other users of the Website and which are protected by applicable intellectual property rights including, but not limited to, copyrights and trademarks.
3.2 Nothing in these Terms of Use and/or our Website is meant to transfer any intellectual property rights and/or to grant any intellectual property rights to you. You will not perform any acts that infringe on the intellectual property rights.
4. Bookings and cancellation
4.1 To any booking that is performed through our Website, the rates and conditions (such as the term during which the offer shall apply) shall apply as applied by the facility and/or accomodation. Payments can be performed through our Website and in accordance with the payment instructions as published on our Website or, in applicable cases, directly at the facility or accomodation. The prices mentioned on the Website are inclusive of VAT and any other levies unless specified otherwise and may be subject to change.
4.2 Holidot and/or the facility or accomodation shall at all times be entitled not to accept or perform a booking.
4.3 In the event of untimely payment or failure to pay, you shall be in default, without proof of default having to be served.
4.4 If you wish to cancel your booking, the conditions as set forth by the applicable facility or accomodation – which shall be stated in the e-mail which confirms your booking and/or the applicable website if you book directly at the facility or accomodation - shall apply. A cancellation fee may be applied by the applicable facility of accomodation.
4.5 As Holidot’s services concern accommodation and/or recreational services which should be performed in a certain period or at a certain date and/or time, statutory regulations that give the customer the right to terminate the agreement entered into remotely without stating reasons and within a specific term therefore do not apply to the agreement concluded through our Website, nor to the services.
5. No warranty
Our Website and the information that is available on the Website has been put together with due care. However, you acknowledge that our Website is based on information provided to us by the third parties that offer their facilities and accomodations through our Website. We therefore do not warrant that the information on our Website is accurate, error-free and complete at all times and Holidot shall not be liable for any costs or damages that are the result of any information provided through our Website.
6. My Holidot
6.1 Holidot allows you to create your own page on our Website (hereafter: “your Page”) where you may share your experiences with the facilities and accomodations available on our website with other users of our Website. In order to do this, you apply for your own account as described on our Website. Holidot may at its own discretion decide whether or not to provide you with an account. An account is solely provided to private persons and not to companies.
6.2 Your Page shall allow internet users to book facilities and accomodations through our Website. It is therefore not allowed to present information on any facility or accomodation that is not available through our Website. If an internet user completes a reservation (including payment) for a facility or accomodation via your Page, you shall be entitled to so-called “holidots” in the manner as described on our Website. Holidots are only valid for use through our Website and in combination with a payment for a facility or accomodation and cannot be exchanged for currency
6.3 You are responsible for the content and presentation of the information on your Page as well as for the correct use of your account and you shall comply with Holidot’s reasonable instructions in that respect.
6.4 You shall refrain from any actions or representations that may have a negative impact on Holidot’s goodwill and reputation.
6.5 You guarantee that the information provided by you to Holidot, is complete, truthful and accurate including your personal details such as your name and e-mail address. You agree that we save your details and use them in connection with the management of your account.
6.6 You yourself are responsible for keeping the password of your account confidential to others and you will not grant others access to Holidot by using your account. In case you have any reason to believe that your username and/or password have been exposed, you shall inform Holidot immediately and without delay in order to permit Holidot to take appropriate measures. Holidot is not liable for any damages and/or losses caused by the exposure and/or abuse or its username and/or password and you shall indemnify Holidot for any claims of third parties in this respect.
6.7 You shall ensure that the content provided by you does not contain any pornographic, hate-related or violent content or contain any other material that violates or encourage conduct that would violate any criminal laws, or any third party rights, such as, but not limited to, intellectual property rights.
6.8 You are solely responsible for the content offered on your Page and you shall comply with all applicable laws and regulations with regards to your page and you shall indemnify Holidot for any claims of third parties in this respect.
6.9 By making content available to Holidot, you automatically grant to Holidot a free, unencumbered, worldwide, non-exclusive license to use, reproduce, distribute, transfer, grant sublicenses and publish the content in connection with our Website as well as the right to remove, without any reason being given, from the Website any content made available by you, without Holidot becoming liable to you or to any third party.
6.10 By making content and/or files available on your Page, you guarantee that you are authorized to do so and that this content and/or files do not infringe upon any rights of third parties; also, you guarantee that you are entitled to grant Holidot the rights as meant in these Terms of Use.
6.11 You acknowledge and agree that the content that you make available through your Page will be used by other users of Holidot. Holidot is not liable for any act of any third party which are contrary to these Terms of Use or any legal provision or other unlawful act or a third party.
6.12 You can terminate your account at any time by sending us an e-mail terminate@holidot.com .
7. Discontinuation of services
7.1 Holidot is entitled to take the Website and/or its services (temporarily) out of service without prior notification or to restrict the use of the services or to terminate the services without having to state the reasons to do so and without this resulting in any right towards Holidot for damages.
7.2 Holidot does not guarantee that the Website and/or its services is accessible at all times and without interruptions or breakdown.
8 Links to other websites
Our Website includes links to other websites, such as the websites of the facilities and accomodations that are available through our Website. Holidot is not responsible for the content and manner of operation of these websites and will therefore not accept any liability for these websites. Therefore the use of these websites is your own responsibility.
9 Privacy
Holidot shall deal with any personal data of its users with due care and in accordance with our Privacy Statement.
10 Liability
10.1 Holidot shall never be liable for any direct or indirect damages resulting from or in connection with the use of our Website or the impossibility of using it and/or any associated service from Holidot, to the extent as permitted by applicable mandatory law.
11 General provisions
1.1 These Terms of Use include all the arrangements made between you and Holidot. They replace all arrangements and agreements made previously which the parties have made or formed in this connection. Verbal statements, promises or arrangements have no legal effect unless they have been confirmed in writing.
11.2 If one or more provisions of these Terms of Use are null and void or are annulled, the remaining provisions will remain in full force and effect.
11.3 These Terms of Use are governed by Dutch law. Any and all disputes resulting from this agreement will exclusively be submitted to the competent courts in Amsterdam