Terms and Conditions
BOOKABED GENERAL TERMS AND CONDITIONS
The following terms and conditions shall apply to all dealings between TravelPaths Limited, Cavan Street, Oldcastle, Co Meath. Ireland acting as Agent for BookaBed AG, having its registered office at 5 Haldenstrasse, 6340 Baar, Switzerland. References in these terms and Conditions to "Bookabed" are to be construed as references to TravelPaths Limited acting as Agent for Bookabed AG.
1. Legal Capacity of Parties:
1.1 Bookabed, shall in the majority of instances act as the agent of an appointed agent of the Accommodation Provider and in a limited number of instances Bookabed may act as the agent of another Third Party Intermediary;
1.2 BookaBed is not the principal in the provision of accommodation
1.3 Bookabed has no legal liability for the hotel services provided
1.4 The Travel Agent shall at all times act as the agent of the Customer, unless otherwise provided;
1.5 The Travel Agent’s Customer’s (the “Customer”) contract shall in all circumstances be with the Accommodation Provider. Bookabed shall only accept a booking where at least one member of the party is over 18 years of age and the Travel Agent shall be liable to ensure that this is the case in all bookings it places with Bookabed.
2. In respect of each and every booking placed with Bookabed by the Travel Agent on behalf of one of its Customers, the Travel Agent shall:
2.1 on completion of the booking is made advise the Customer of the identity of the Accommodation Provider with whom the Customer is entering into contract;
2.2 provide its Customer with a copy of the Accommodation Provider’s Terms and Conditions of Booking;
2.3 forward to its Customer the details set out in Bookabed’s Confirmation Invoice;
2.4 provide its Customer with Bookabed’s Accommodation Voucher upon receipt of same from Bookabed;
2.5 shall inform Bookabed of any special needs requirements that its Customer’s may have and not confirm any booking where there is a special needs requirement until it has received confirmation in writing from Bookabed that such requirements can be provided by the Accommodation Provider.
3. Bookabed hereby undertakes to:
3.1 furnish the Travel Agent with (i) the identity of the Accommodation Provider/intermediary; (ii) the Accommodation Provider’s Terms and Conditions; and (iii) Bookabed’s Confirmation Invoice.
4. Amendments and Cancellation:
4.1 Bookabed hereby reserves the right to alter or cancel the accommodation arrangements which the Travel Agent may have booked on behalf of its Customers.
4.2 In such circumstances Bookabed shall endeavour to use reasonable endeavours to source alternative arrangements. If it is not possible to source an alternative or the alternative arrangements are not to the Travel Agent’s Customer’s satisfaction, a full refund of all monies paid to us shall be processed.
5. Changes by Customers:
Any amendment or cancelation by a Customer shall be subject to the relevant Accommodation Provider’s/intermediaries Terms and Conditions o Booking.
6. Terms of Payment:
if paying by direct debit its the next Monday after the check in date.
if paying by cheque its 10 days prior to check in date.
7. Complaints:
Bookabed shall forward any complaints received by the Travel Agent from its Customers relating to the Accommodation to the relevant Accommodation Provider.
8. Pricing
Bookabed sell at net rates to travel agents.
9. Liability:
9.1 Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by the Travel Agent due to an attributable shortcoming of Bookabed’s obligations in respect to our services up to an aggregate amount of the aggregate cost of a Customer’s booking as set out in our Booking Confirmation Invoice (whether for one event or series of connected events).
9.2 However and to the extent permitted by law, neither Bookabed nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the hotel as made available on our website, (iii) the services rendered or the products offered by the hotel, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the hotel (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
10. Indemnity:
The Travel Agent hereby undertakes to indemnify Bookabed and hold Bookabed harmless against any claim made against it in respect of any matters arising as a result of the negligence of and/or breach of these Terms and Conditions of Booking by the Travel Agent, its servants or agents under its control.
11. Termination:
Either party shall be entitled forthwith to terminate this Agreement by written notice to the other if:
(i) an encumbrancer takes possession or a receiver is appointed over any of the property or assets of that other party;
(ii) that other party makes any voluntary arrangement with its creditors or becomes subject to an administration order;
(iii) that other party goes into liquidation (except for the purposes of amalgamation or reconstruction and in such manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other party under this Agreement);
(iv) anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to that to that other party under this Agreement; or
(v) that other party ceases, or threatens to cease, to carry on business.
12. Data Protection:
Each party warrants to the other that it will comply with all applicable requirements of the Data Protection Acts 1998 - 2003 in performing its duties and obligations under this Agreement.
13. Miscellaneous:
13.1 Whole Agreement: This Agreement (including the documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings and agreements between the parties hereto relating to the subject matter hereof, and sets forth the entire, complete and exclusive agreement and understanding between the parties relating to the subject-matter hereof. No party has relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in this Agreement.
13.2 Confidentiality: The Travel Agent hereby undertakes that it will not at any time after the making of this agreement divulge any information in relation to Bookabed’s affairs or business or method of carrying on business save to the extent that disclose is required by law.
13.3 Severability: All terms and provisions of this Agreement are distinct and severable, and if any term or provision is held unenforceable, illegal or void in whole or in part by any court, regulatory authority or other competent authority it shall to that extent be deemed not to form part of this Agreement, and the enforceability, legality and validity of the remainder of this Agreement will not be affected; provided that, in any case where as a result of the operation of this clause the rights or obligations of a party are materially altered to the detriment of that party, that party may terminate this Agreement within 30 days from the date of the relevant decision of the relevant court, regulatory authority or other competent authority.
13.4 Variation: This Agreement may not be supplemented, amended, varied or modified in any manner except by an instrument in writing signed by a duly authorised officer or representative of each of the parties hereto.
13.5 Assignment: (i) The Agent may not assign any of its rights or obligations hereunder without the prior written consent of Bookabed, which consent not to be unreasonably withheld.
(ii) Bookabed may assign, transfer, charge, encumber or otherwise deal with any of its rights and obligations hereunder.
13.6 Force Majeure:
Force Majeure includes Acts of God; hurricane, tornado and other weather conditions; labour strike, lockout or other industrial disturbances (excluding those directly involving the employees of the party claiming Force Majeure); war, riot, sabotage, act of public enemy, terrorist act or gang violence; blockade; earthquake or other earth movement, flood or other natural disaster; bomb blast or other explosion; fire; power failure; hacking; failure of the Internet (or parts/aspects of it); general shortage of goods essential to the affected party’s performance of this Agreement; government action that prevents performance; or other reasons beyond the reasonable control of the affected party.
13.7 Dispute Resolution:
13.8 Governing Law: This Agreement and all relationships created hereby will in all respects be governed by and construed in accordance with UK Law.
13.9 Jurisdiction: It is hereby irrevocably agreed that the UK Courts are to have jurisdiction to settle any disputes which may arise out of or in connections with this Agreement or its performance and accordingly that any suit, action or proceedings so arising may be brought in such courts.