Terms of Service
Last changed: 25 May 2017
These general terms and conditions (“T&C”) govern the service offered by B2Book S.r.l. (“B2Book”), with head office in Rome, Via Giuseppe Zanardelli, n° 5 – 00186, VAT ID Number 14312071005, through its own online platform (“Platform”) reachable at the following address: www.b2book.net (“Site”), that allow any legal entity which carries out activities such as travel agency, tour operator and/or travel packages promoter or any other tourism, travel and/or hospitality related activity (“Buyer”) to make through the Platform one or more reservations of the properties covered by the listings published on the Platform (“Service”).
These T&C shall be accepted by the Buyer upon the registration to the Service on the Platform.
B2Book reserves the right to modify these T&C at any time in whole or in part, by giving to the Buyer through the Site a thirty (30) days prior notice.
The Buyer is therefore required to periodically consult the Site in order to be always aware of the conditions applied.
The Buyer without charge or additional costs shall be entitled to withdraw from the Service within thirty (30) of the publication on the Site of any changes of the T&C, provided that continued use of the Services after any such changes have been made shall constitute the Seller consent to such changes.
1.1 For the purposes of these T&C, the following the following definitions shall apply:
: means the property owned and/or managed by the Seller and listed on the Platform;
: means the account created by the Buyer upon completing the registration to the Service on the Platform;
: means the agreement between B2Book and the Seller governed by these T&C;
: means a legal entity carrying out activities such as travel agency, tour operator and/or travel packages promoter or any other tourism, travel and/or hospitality related activities that intends to make a Reservation of Accommodations;
: means the fee set by the Buyer at the time of creating the Account corresponding to the fee that the Buyer intends to receive from the Guests relating to each Reservation; on the basis of the fee, that the Seller intends to grant to the Buyer, set by the Seller at the moment of publishing a Listing, the Buyer will display in the search results pages on the Platform exclusively the Accommodations satisfying the Buyer Fee; the Buyer is entitled to change the Buyer Fee in any moment by setting different percentages according to which it will be displayed on the search pages of the Platform exclusively the Accommodations satisfying the Buyer Fee;
: means the fee due to B2Book charged to the Buyer, corresponding to a percentage of Buyer Fee to the extent from time to time set out on the Platform;
: means the contents of the Listing;
: means the e-mail address and password chosen by the Buyer when registering to the Service;
: means the final price of the Accommodation that the Buyer will display on the Platform search pages, including the Total Price and the Buyer Fee;
"Force Majeure Event"
: means any of the following events that involve the Seller: extraordinary events, volcanic eruptions, disasters or natural disasters, fires, wars or act of wars, hostilities or all kinds of local or national emergencies, invasions, compliance with all kinds of order or demands from a national, provincial or public of any kind port authority, acts or decisions of government, military operations, civil wars, acts of terrorism, explosions (biological, chemical, nuclear or other types), rebellions, riots, uprisings, strikes, civil disorders (or the sole material or substantial threat or justified prediction of any of the up mentioned events), disruption of transport services, closure of airports or all those events, circumstances or exceptional and catastrophic emergencies, which make it impossible or illegal for the Seller to make the Accommodation available to Guests;
: means the end-user on behalf of whom the Buyer makes the Reservation;
: means the automatic reservation’s procedure set by the Seller at the time of publishing the Listing not requiring the approval by the Seller of the availability request received by the Buyer; this reservation method provides the possibility for the Seller of activating or not the Option;
: means the Accommodation listed by the Seller on the Platform for the purpose of the Reservation by the Buyer;
: means the reservation’s procedure set by the Seller at the time of publishing the Listing requiring the approval by the Seller of the availability request, received by the Buyer, within the Reservation Approval Term on the basis of the effective availability of the Accommodation; this reservation method implies the automatic activation of the Option by the Platform;
: means the feature that can be activated at the discretion of the Seller at the time of publishing the Listings relating to the Instant Reservation; with regard to the On-demand Reservation, the Option is automatically set by the Platform;
: means, if the Option is active, the Accommodation status automatically set by the Platform upon (i) the approval of the On-demand Reservation by the Seller within the Reservation Approval Term, or (ii) the submission of the Instant Reservation, which blocks any other Reservation until the confirmation of the On-demand Reservation or the Instant Reservation by the Buyer within the Option Validity Term;
“Option Validity Term”
: means, if the Option is active, the term set by the Seller at the time of publishing the Listing within which the Buyer shall confirm the On-demand Reservation or the Instant Reservation;
: means the method for making payments chosen by the Buyer at the time of the registration process such as, but not limited to, credit card, debit card or PayPal;
: means the method for sending payment chosen by the Buyer at the time of the registration process such as, but not limited to, Paypal, bank account for credit transfer, or (if applicable) tools for the electronic funds transfer (EFT) or credit card;
: means the online platform owned by B2Book which allows the provision of the Service to the Seller and Buyer;
: means the price per night related to the Accommodation, determined and exclusively set out by the Seller at the time of the publication of the Listing on the Platform, net of the Buyer Fee;
: jointly the Instant Reservation and On-demand Reservation deemed successful with the consequent conclusion of the deal between the Seller and the Buyer;
“Reservation Approval Term”
: means the term of 24 hours from the receipt of the On-demand Reservation by the Seller within which the Seller may decide whether to approve or not the On-demand Reservation on the basis of the effective availability of the Accommodation;
: means the reservation form filled out by the Buyer that shall contain the following information:
(a) name and surname, e-mail and citizenship of the Guest (mandatory information);
(b) notes relating to specific need of the Guests and/or their fellow travellers (optional information);
: means the legal person or natural person aged over 18 owning or managing one or more Accommodations and intends to use the Service in order to publish one or more Listings on the Platform;
: means the Service provided by B2Book thorough the Platform which allows the Buyer to make one or more Reservations on behalf of the Guests;
: means the total price that the Buyer shall pay to B2Book including the Price multiplied by the number of nights covered by the Reservation and the B2Book Fee;
: means the following travel issues found by the Guest shortly before and/or during the stay at the Accommodation:
(a) the Seller:
(i) cancels a Reservation shortly before the check-in date;
(ii) fails to provide the Guest with keys or security code or any other tool necessary for the Guest to access to the Accommodation;
(iii) is not available at the arrival of the Guest with consequent inability to access to the Accommodation for the Guest;
(b) the description of the Accommodation given in the Listing is not true with regard to the following information:
(i) size and general features of the Accommodation (i.e. number and size of the rooms, of bathrooms and/or of the kitchen or of other rooms) ;
(ii) lack or malfunctioning of service and additional and special features of the Accommodation, i.e. porch, pool, hot tub, bathrooms (wc/shower/tub), kitchen (sink/stove/fridge or other domestic appliances), light, heating or air conditioning;
(iii) geographical location of the Accommodation;
(c) at the check-in date or during the stay the Guest notes that the Accommodation:
(i) is dirty or otherwise not properly cleaned;
(ii) Poses dangers to the safety and / or health of the Guest;
(iii) is not provided with clean sheets or towels for the use of the Guest;
(iv) contains animals not specified in the Listing;
(v) is not free from people and at exclusive use of the Guest;
(vi) is not provided with kitchen and stove.
: collectively and indiscriminately the Seller and Buyer;
1.2 Any other following capitalised term hereafter stated in these T&C shall have the meaning attributed below.
2.1 The registration to the Service is free and allows the Buyer to create its own Account for using the Service (“Registration”).
2.2 Upon the Registration to the Service the Buyer shall be requested to enter in the Registration form (“Form”) the Credentials. In order to register on the Platform as Buyer it is also necessary to submit all the documentation that will be required from time to time during the Registration process on the Platform.
2.3 The Form submission constitutes a proposal of membership to the Service. Subsequently, B2Book will confirm the activation of the Account by sending an email to the address indicated by the Buyer. In any case the contract between B2Book and the Buyer is reached with the confirmation of the activation of the Account.
2.4 B2Book allows the Buyer to create solely one Account and, as a consequence, prohibits the creation of Accounts different from the Account originally created by the same individual or entity, without a specific written authorisation provided by B2Book. The creation of multiple Accounts in conflict with the provision of the present Article shall determine the suspension without notice of the Account and the Service.
2.5 The Credentials allow the Buyer to access to the Service. The Buyer commits to not transfer the Credentials, even temporarily, to third parties and to carefully preserve them and keep them confidential under its responsibility, as they represent the unique means of identification of the Buyer and validate its access to the Service. The Buyer is therefore informed that any action carried out through the use of Credentials shall be ascribed and will take effect in its regards.
2.6 The Buyer ensures that the personal information provided during the Registration process and after creating the Account are complete and truthful the Buyer agrees to release, defend, indemnify, and hold B2Book harmless from and against any damage and/or claim for compensation and/or sanction resulting from and/or in any way related to the breach by the Buyer of the provisions of the present Article 2.
3. Service Description
3.1 The Platform connects the Buyer and the Seller and allows the Buyer to make one or more Reservations through the Platform on behalf of the Guests.
3.2 The Buyer, accessing to the Service in order to make a Reservation, shall enter on the Platform the information requested by B2Book, such as, but not limited to:
a) within the “Profile” section:
- the name of the company;
- the contact's name and surname;
- registered office;
- contact information (such as an e-mail address and / or phone number);
- billing information;
- information about their business;
b) within the “Account” section:
- general account settings (such as notification, language, currency, time zone preferences);
- the Buyer Fee;
- Payment Method and Payout Method;
c) any additional information required by B2Book for the provision of the Service.
3.3 Once entered all the information mentioned in the previous article 3.2, the Buyer will display on the Platform search pages the availability of the Accommodations according to the search criteria and the Buyer Fee. The Buyer will also display on the Platform search pages the Final Price as well as all characteristics of the available Accommodations.
3.4 B2Book expressly authorizes the Buyer to send to the Guest a customised quotation with data and logo of the Buyer, related to the available Accommodation selected by the Buyer.
In this regard B2Book grants to the Buyer a free, worldwide, royalty-free and no sublicenceable licence to copy, store, reproduce, integrate, modify, adapt, arrange derivative works, analyse all the Contents published on the Platform related to Listings for the disclosure to the Guests. It being understood that with the cancellation of the Account, the Buyer shall interrupt the disclosure of the Contents by ensuring their cancellation from its archives, without prejudice to particular constraints justifying the storage of information for a longer time according to the protection of Buyer’ rights.
4.1 According to these T&C the Buyer acknowledges and agrees that the Seller is the exclusive responsible to comply with any successful Reservation and to make available the Accommodation covered by the Reservation, remaining B2Book free of any liability whatsoever.
4.2 On the basis of the reservation method selected by the Seller at the time of publishing the Listing, the Buyer will make an Instant Reservation or an On-demand Reservation, by a prior filling out of the Reservation Form.
4.3 In case the Seller has selected the Instant Reservation, this reservation method will be intended successfully completed with the subsequent conclusion of the deal between the Seller and the Buyer at different times depending on the activation or not of the Option by the Seller, as follows:
a) if the Seller has not activated the Option, the Instant Reservation will be considered successfully completed with the subsequent conclusion of the deal between the Seller and the Buyer upon the submission by the Buyer of the Instant Reservation to the Seller without any prior approval by the Seller and any subsequent confirmation by the Buyer;
b) if the Seller has activated the Option, after the submission of the Instant Reservation by the Buyer, the Platform will automatically set the Option Status of the Accommodation that allow the Buyer whether to confirm or not the Instant Reservation within the Option Validity Term; it is understood that if the Buyer does not confirm the Instant Reservation within the Option Validity Term, the Instant Reservation will be automatically considered without effect; to the contrary, if the Buyer confirms the Instant Reservation within the Option Validity Term, the Instant Reservation will be considered successfully completed with subsequent conclusion of the deal between the Seller and the Buyer.
4.4 If, on the contrary, the Seller has selected the On-demand Reservation, this reservation method will be intended successfully completed with the subsequent conclusion of the deal between the Seller and the Buyer upon the confirmation of the On-demand Reservation by the Buyer within the Option Validity Term, after the approval of the On-demand Reservation by the Seller within the Reservation Approval Term. It is understood that if the Seller does not approve the On-demand Reservation within the Reservation Approval Term, the On-demand Reservation will be automatically considered without effect as well as if the Buyer does not confirm the On-demand Reservation within the Option Validity Term, the On-demand Reservation will be automatically considered without effect.
4.5 Upon the conclusion of the deal between the Seller and the Buyer the Platform will display a messaging area in which the Buyer and the Seller may freely communicate to each other; any message received by the Buyer and the Seller in the messaging area will be also notified to the corresponding e-mail address.
5. Cancellation and missed check-in
5.1 The Buyer may decide to cancel a confirmed Reservation by using the appropriate feature available on the Account’s pages (“Cancellation”) within the terms and under the conditions indicated by the Seller in the Listing within “Cancellation Policy” section (“Cancellation Terms”).
5.2 If the Seller fails to attend the check-in at the day and time agreed with Guest (“Check-in Date”) relating to the Accommodation covered by the Reservation, (“Missed Check-In”), the Buyer shall be entitled to report the fact to B2Book within 24 hours from the Check-in Date (“Report”).
B2Book shall immediately notify the Report to the Seller and suspend any payment due to the Seller relating to the Reservation until B2Book, at its sole discretion, decides whether to refund or not the Buyer with the whole amount eventually paid as Total Price for that Reservation.
If B2Book’ evaluations on the Report show that the Missed Check-in is due to the Seller, B2Book will refund the Buyer with the whole amount eventually paid as Total Price for the Reservation charging the Seller with eventual additional costs, duly documented, incurred by the Buyer for supporting Guest in finding an alternative Accommodation. In this case B2Book will be entitled to receive, anyway, the B2Book Commission provided for the Reservation covered by the Cancellation.
To the contrary, if B2Book’ evaluations on the Report show that the Missed Check-in is due to a Force Majeure Event, B2Book will refund even in this case the Buyer with the whole amount eventually paid as Total Price for the cancelled Reservation, without charging the Buyer with the additional costs incurred by Buyer for supporting Gust in finding an alternative Accommodation. In this case B2Book is not entitled to receive the B2Book Commission for the Reservation relating to the Missed Check-In.
6. Refund request
6.1 When a Travel Issue occurs the Buyer shall submit to B2Book, within five (5) days from the check-out date, a claim for Travel Issue (“Refund Request”). B2Book shall immediately submit the Refund Request to the Seller, who shall provide B2Book with an answer regarding such Refund Request within three (3) days following the receipt.
In case of acceptance of the Refund Request by the Seller, B2Book shall pay to the Buyer the amount relating to the Refund Request through the Payout Method.
In case of denial or other objection relating to the Refund Request, B2Book reserves the right to evaluate the Refund Request at its sole discretion.
7. Security deposit and damages to accommodations
7.1 In the description of any single Listing each Seller shall specify whether is required or not any form of security deposit for the Accommodation, indicating the specific amount (“Security Deposit”).
B2Book has no liability to manage the Security Deposit which shall be directly provided by the Guest to the Seller at the Check-in Date.
7.2 The Buyer acknowledges, accepts and undertakes to ensure that the Guest leaves the Accommodation at the check-out date in the same conditions that it was at the Check-in Date. If a Seller complains and provides evidence of damages to the Accommodation caused by the Guest, the Buyer undertakes on behalf of the Guest to pay the cost of replacing and / or repairing the damaged items and / or parts of the Accommodation.
8. Relationship and Financial Terms
8.1 By signing this Agreement the Buyer grants to B2Book a representation mandate, by conferring a proper proxy, to find in the name and on behalf of the Guests the Accommodations as well as to make Reservations.
8.2 B2Book is entitled to receive the B2Book Commission for each successfully completed Reservation.
8.3 The Buyer shall pay the Total Price at the terms indicated by the Platform according to the Cancellation Terms directly to B2Book which collects the Total Price and eventual additional costs by way of borrowed funds for the execution of the representation mandate hereby conferred.
9.1 The Users may through the Platform review the Seller and the Buyer by assigning a score from a minimum to a maximum and by entering a written review (“Feedback”). B2Book owns the exclusive rights to use the Feedbacks published on the Platform. In this regard the Users grant to B2Book a free, perpetual, royalty-free and sublicenceable right to copy, store, reproduce, integrate, modify, adapt, arrange derivative works, analyse, exploit, even commercially, all the Contents published on the Platform.
9.2 In any case the Feedback feature will have the sole aim to enable Users to truthfully represent its experience, providing other Users with useful element for judging and contributing to the general improvement of the reliability and the quality of all kinds of services provided through the Platform. Is therefore prohibited to use the Feedback feature to publish illegal or not relevant content or information, such as, link towards websites of third parties, photo or video of underage, sensitive data, personal information in violation of others’ privacy, brutal, offensive, violent contents etc..
9.3 The Feedbacks entered into the Platform shall always respect the formal requirement of objectivity with the explicit prohibition of publishing defamatory, sexual, gross judgements which should encourage violence or, in any way, violate the human dignity.
9.4 In case of breach of the provisions set out in this Article 9, B2Book is entitled to report the fact to competent Authorities, preserving its right, even without any prior notice, to remove the prohibited contents and suspend or delete the User’s Account, with the exception of any other remedy expressed in these T&C or by law.
9.5 It being understood that the Contents published on the Platform, even if relevant to the aim of the Platform, are not under B2Book’s control; B2Book, therefore, is not liable for their lawfulness, truthfulness and / or fairness.
10. Obligations of the Buyer
10.1 The Buyer specifically represents and guarantees:
(i) to own all the permits, licenses and other legal authorizations required to conduct, implement and continue their activities;
(ii) to be in possession of all appropriate authorizations by the Guests in order to make for their own account Reservations on the Platform;
(iii) that all the information provided to B2Book at the time of the Registration and the Reservation of the Accommodations are punctual, updated and truthful;
The Buyer undertakes to promptly communicate to B2Book any change to the above mentioned representation and warranties. The Buyer is aware that B2Book does not operate any prior or post control on the truthfulness of the representation and warranties of the Buyer who remains liable for untrue or incomplete statements.
10.2 Is specifically prohibited to the Buyer to:
- violate any local, state, provincial, national or other applicable law or regulation, including, but not limited to, zoning restrictions and fiscal laws;
- make Reservation without the prior consent of the Guest;
- use the Site, the Platform or the Service for any other commercial purpose or other purposes that are not expressly permitted by these T&C;
- damaging the image and/or reputation of B2Book;
- copy, store, access or use any information contained in the Site, Platform or Service or the Contents for purposes that are not expressly permitted by these T&C;
- interfere with or damaging the Site, Platform and/or Service, including, without limitation, through the use of, i.e., virus, cancelbot, trojan, harmful codes, flood ping, denial-of-service attacks, backdoor, IP packages or IP spoofing, counterfeit routing or information regarding the email address or similar methods or technology;
- use the Site, the Platform or the Service with the intention of “spamming”;
- complete the Reservation process outside the Platform with Sellers approached through the use of the Site, Platform or Service.
11.1 B2Book's provides technological services related to the use of Platform and related features. Therefore, B2Book undertakes to maintain and manage the Platform using its best efforts in order to guarantee the efficiency. In particular, B2Book undertakes to monitor the ongoing functioning of the technical devices necessary for providing the Service, by reducing to the extent possible, interruptions, suspensions, malfunctioning and any other technical issue subsequent to the use of the Service, considering that the Platform is provided on “as is” basis and without any warranty of any kind. In this regard, B2Book will not be held liable for any damage including, but not limited to, indirect, consequential, special, incidental damages, nor for eventual and/or anomalies that are not under the direct control of B2Book including, but not limited to, disfunctions of the management of telematics networks or malfunctioning due to errors in the use of the tools that are necessary to access to the Platform, or misuse of the Platform.
11.2 B2Book, according to the existing legislation, is exclusively liable for damages deriving from the breach of contract representing an exclusive, immediate and direct consequences of behaviours determined by fraud or gross negligence in providing the Service described in these T&C.
11.3 In any case, B2Book or any other subject appointed to the creation or maintenance of the Service shall be held responsible for any missed earning or loss of profits that may concern the Buyer or third parties. The limitation of liability here provided is not valid in case of B2Book’s fraud or gross negligence.
11.4 Excepting for case of fraud or gross negligence, the liability for damage of B2Book in the regard of the Buyer, with respect to the services provided through the Platform, must be proportionate to the relating Reservation and, in any way, it could not overcome the amount paid by the Buyer to B2Book relating to the same Reservation.
12.1 The Buyer will keep B2Book and its officers, directors, employees and agents waived from any claim, liability for damage, losses and costs, including, but not limited to, reasonable legal and accounting fees resulting from or in any way related to:
(a) the use of the Site, the Platform and the Service by the Buyer;
(b) the fraudulent use or any misuse of credit or debit cards or other Payment Method used by the Buyer to make Reservations;
(c) the violation of these T&C by the Buyer;
(d) the stay of the Guest at the Accommodation;
13. Term, Withdrawal and Termination
13.1 The Agreement shall be for indefinite period.
13.2 The Buyer is entitled to withdraw from the Agreement at any time and without costs, by using the proper feature on the Platform for the cancellation of the Account, being understood that the Buyer shall pay all successfully completed Reservations to B2Book.
B2Book is entitled to withdraw from the Agreement at any time and for any reason by sending a written communication at the email address given by the Buyer at the act of Registration on the Platform with at least a thirty (30) days’ notice. In this case all the Reservations, already confirmed by the Buyer, for a stay in a period after the expiry of the above mentioned notice periods, will be deemed operating and therefore as such will be completed.
13.3 In case the Buyer fails to meet the obligations provided in the above Articles 2.5), 2.6), 4.1), 7.2), 8.3), 9.2), 9.3), 10.1), 10.2), 12.1), 14.1), 14.2) 17.1), B2Book reserves the right to terminate the Agreement by sending a written communication at the email address provided by the Buyer during the Registration, without prejudice to the right to compensation for damage and any other remedy provided by the law or these T&C.
13.4 In any case of termination of the present Agreement for any reason, the Buyer’s Account will be cancelled; the Buyer declares here and now to have nothing to claim in this regard against B2Book.
14. Intellectual Property
14.1 By entering into this Agreement the Buyer duly acknowledges the B2Book’s intellectual property rights over the Service and undertakes not to change, adapt, translate, decompile, decode, disassemble the Service or not to attempt to extract the source code in another way, or not to create or attempt to create a substitute or similar service or product by using or accessing the Service or proprietary information related thereto.
14.2 Excepting for the Contents, the B2Book’s trademarks, symbols, distinctive marks and any other content in the form of text, database, graphic, pattern, sound, music, front-end etc … on the Platform must be considered of sole property of B2Book, with the result that their use for purposes that are not in connection the services related to the Platform is strictly prohibited without the B2Book’s written authorization.
15. Modifications to Platform Features
15.1 B2Book reserves the right to modify, improve and delete at any time the features of the Platform, without any right of indemnification or compensation for the Buyer; as far as possible B2Boook will ensures to the Buyer with appropriate information regarding the changes operated on the main features of the Platform.
16. Processing of Personal Data
16.1 B2Book ensures the Buyer to operate in compliance with the legislation regarding the processing of personal data, governed by the Privacy Code in D.Lgs. 196/2003.
16.3 The data controller is B2Book. Any complaint shall therefore be addressed to the following e-mail address: [email protected]
16.4 Upon the Registration the Buyer may be required to consent to receiving commercial information, including newsletters, and for communicating data to third parties for their business information. In such cases, the Buyer will be free whether to give or not its consent.
17.1 In view of the strictly personal nature of the Buyer's Account, it is expressly forbidden for the Buyer to transfer this Agreement to third parties, or the rights and obligations arising out of it.
17.2 The Buyer hereby authorizes B2Book, without the need for a specific consent, to transfer this Agreement or its rights and obligations to other companies of the same group, even resulting from mergers, divisions or incorporations, or to subjects whom the business would be eventually transferred or leased.
17.3 These T&C and the documents referred to herein represent the entire Agreement between B2Book and the Buyer and supersede all other agreements or arrangements, whether oral or written, express or implied.
17.4 Any eventual tolerance to the violation of one or more clauses can never be understood as silent renunciation of the rights resulting from the violated provisions.
17.5 If any clause of these T&C has become illegal, invalid or otherwise unenforceable under the law of any jurisdiction, this shall not affect the legitimacy, validity or performance of any other clause of these T&C.
17.6 Nothing in these T&C creates a partnership or established a relationship of principal and agent or any other fiduciary relationship between the B2Book and the Buyer. This Agreement is not intended to confer rights on third parties.
18. Applicable law and Jurisdiction
18.1 These T&C are governed and interpreted in accordance with the Italian law.
18.2 Disputes arising out of this Agreement, including but not limited to, its validity, interpretation, fulfilment, effects and consequences, may be resolved under the exclusive jurisdiction of the Court of Rome.