Terms of Use

These terms of use apply to the website https://bookerty.com, applications, and other offerings from Bookerty (hereinafter collectively the “Bookerty Platform”). The Bookerty Platform is owned and managed by the corporation “BOOKERTY” (hereinafter “Bookerty”).

The access to and use of the Bookerty Platform is governed by these terms of use (hereinafter the “Terms of Use”).

Before using the Bookerty Platform, please ensure that you have carefully read and understood the Terms of Use. Your access to or use of the Bookerty Platform constitutes your unreserved acceptance of and binding to the Terms of Use. In case you do not agree with the Terms of Use, your access to and use of the Bookerty Platform is not permitted.

The access to and use of the Bookerty Platform shall be in compliance with the Terms of Use and the laws, as in force.

Bookerty Platform

The Bookerty Platform offers an online platform where users (hereinafter each the “Member” and collectively the “Members”) publish and offer services, sharing (at their own discretion) contact information, set an “auction” process, or book offers (hereinafter each the “Host” and collectively the “Hosts”) or search for, book, use services, participate in an “auction” process, or publish offers (hereinafter each the “Guest” and collectively the “Guests”). The services provided by the Hosts are accommodations (hereinafter each the “Accommodation” and collectively the “Accommodations”) and other services (together with the term Accommodation, hereinafter each the “Service” and collectively the “Services”).

Member Account

In order to access and use the Bookerty Platform, you shall register an account. The registration of an account is only permitted to natural persons, who are over eighteen (18) years of age, and legal persons. You warrant that you or the entity you legally represent have the legal capacity and authority to use the Bookerty Platform, according to the laws of the country of your residence, establishment, or other applicable jurisdiction.

You are responsible for keeping your credentials confidential, which you may not disclose to any third party. In case of loss of your credentials or unauthorized use of your account or if your account is otherwise compromised, you shall immediately notify Bookerty. You are liable for any activity conducted through your Bookerty account, unless such activity is not authorized by you and you are not otherwise negligent.

If and as permitted by applicable law, Bookerty may, but has no obligation to, ask you to provide identification or other information, undertake checks for the verification of your identity or background, screen you against third-party databases or other sources, and request reports from service providers and obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

Hosts Terms

Platform Use

Bookerty provides the Bookerty Platform and tools for registering the Service terms therein (hereinafter each the “Registration” and collectively the “Registrations”), as specified below, and managing your Registrations.

You can use the Bookerty Platform to publish and offer your Services to the Guests, registering in the Bookerty Platform information about your Registration, such as availability, price, including any applicable taxes, other charges (e.g., cleaning fees), the requirements, and the rules that apply to your Registration or Guests (hereinafter each the “Service Terms” and collectively the “Services Terms”).

You may register only once for each Accommodation, but in case an Accommodation has multiple places to stay, you may have multiple Registrations.

You can also use optional services offered by Bookerty, including a fully customizable cancellation policy, the display of your contact details (phone number and website, if any), upon your request, and the application of features on your Registrations, which enables your Accommodations to be placed in premium positions on search results.

Further, you have the option to create special offers/discounts by setting reduced prices to your Services (hereinafter each the “Host Offer” and collectively the “Host Offers”), registering information about the Host Offer (hereinafter each the “Registration” and collectively the “Registrations”), as set in the hosts offer system section.

You can also use the Bookerty Platform in order to offer your Services through an “auction” process (hereinafter the “Auction Process”). You set the Auction Process, registering the details of the procedure (hereinafter each the “Registration” and collectively the “Registrations”), invite the Members to submit a bid and accept the most advantageous offer, as described in the auction processsection.

Further, you can accept an offer set by a Guest (hereinafter each the “Guest Offer” and collectively the “Guest Offers”) or make a counteroffer to the Guest, according to the procedure described in the guests offer system section.

Co-Hosts

In case you work with a co-Host or host as part of a team, business, or other organization, you warrant that you are authorized to represent and bind your team, business, or other organization and that the entity you represent is in good standing under the laws applicable to its establishment.

If you instruct Bookerty to transfer a portion of your payout to a co-Host or other Hosts or send payments to a third party, you shall be authorized to do so, and you are solely responsible for the accuracy of any payout information, such as the payment amounts, etc., provided to Bookerty.

Business Hosts

In case you use the Bookerty Platform as a business Host (hereinafter the “Business Host”), meaning that you offer your Services to the Guests for purposes relating to your trade, business, craft, or profession, you warrant that you only offer Host Services on the Bookerty Platform that comply with the applicable rules of EU law.

You shall provide Bookerty with the following information:

1. a. Your name and contact details, such as address, telephone number, and e-mail address.
2. b. A copy of your identification document or any other electronic identification, as defined in Article 3 of Regulation (EU) 910/2014.
3. c. Your payment account details.
4. d. The trade register in which you are registered and the registration number or equivalent means of identification in that register.
5. e. Any additional documentation required for the purposes of the information reliability and completeness assessment procedure to be conducted by Bookerty.

Following the completion of the aforementioned assessment procedure by Bookerty, you may offer your Services on the Bookerty Platform.

You are liable for the accuracy of the information provided, and you are required to keep your information updated at all times. In case there are sufficient indications that any of your information is inaccurate, incomplete, or not updated, Bookerty will request that you update the information without delay. If you fail to remedy the situation within the timeframe provided by Bookerty, the latter may suspend your use of the Bookerty Platform until you have provided the required information.

In such a case, you have the right to lodge a complaint with Bookerty’s complaint handling system or with a certified out-of-court dispute settlement body, according to the complaints section.

If you are established within the EEA or the United Kingdom, you have access to Bookerty’s internal complaint handling system for Business Hosts, which allows you to lodge complaints directly with Bookerty regarding any of the issues referred to in Article 11 of Regulation (EU) 2019/1150, including matters related to facts leading to measures in accordance with the violations and termination sections. For information regarding access to Bookerty’s internal complaint handling system for Business Hosts and relevant issues, as well as the mediation service that you can use if such a complaint is not resolved, you can contact Bookerty’s customer service.

Agreement with Bookerty

By registering in the Bookerty Platform as Member, you enter into an agreement with Bookerty. Bookerty Platform offers you the use of the platform, as described in the platform use section and you agree to pay fees, as described in the fees section.

Agreement with Guests

By accepting a booking request or receiving a booking confirmation notice through the Bookerty Platform, you enter into an agreement directly with the Guest and you shall provide the Services according to the Services Terms. You also agree to pay any applicable fees, such as Bookerty’s service fee and applicable taxes, as described in the fees section and taxes section respectively, for each Service booking.

You are responsible for the accuracy, completeness, and validity of the Services Terms information, e.g., calendar availability, etc., and the Registrations content, e.g., photos, etc. You are liable for your acts and omissions and for the acts and omissions of anyone you allow to participate in providing your Services, who must be informed about your obligations under the Terms of Use.

Further, you are responsible for obtaining and providing appropriate insurance on your Services.

Legal Obligations

You are responsible for complying with any laws, regulations, rules, and agreements with third parties applicable to your Registrations and the Services provided by you. Bookerty suggests that you always seek legal advice on the applicable laws and rules and in general the legal requirements that are related to the Services provided by you.

Disclaimer

It is expressly clarified herein that you are an independent individual or entity and no clause contained herein shall be construed as creating an employment relationship, a partnership, agency, or joint venture between you and Bookerty, except that Bookerty acts as a payment collection agent, as described in the fees section. Bookerty does not direct or control your Services and you have the sole and absolute discretion to set your Services Terms and/or enter into an agreement with the Guests.

Guest Terms

Platform Use

You can search for Services by using criteria and filters, as defined in the search results factors section, and book a Service provided by a Host.

You can also participate in an Auction Process set by a Host and submit a bid to book the Service offered, as described in the auction processsection.

Further, you can set a Guest Offer addressed to the Hosts, registering in the Bookerty Platform the details of the Guest Offer (hereinafter each the “Registration” and collectively the “Registrations”), invite the Members to accept the Offer or make a counteroffer and book the most advantageous offer, according to the procedure set in the guests offer system section.

Agreement with Bookerty

By registering in the Bookerty Platform as Member, you enter into an agreement with Bookerty. Bookerty Platform offers you the use of the platform, as described in the platform use section.

Agreement with Host

By booking a Service and receiving the booking confirmation notice through the Bookerty Platform, you enter into an agreement directly with the Host (hereinafter the “Reservation”) and you are responsible for complying with the Terms of Use and the Service Terms. Bookerty suggests that you read carefully and understand the Services Terms contained in the Registration prior to a Reservation. You also agree to pay all charges for your booking, including the Service price, any applicable fees, such as Bookerty’s service fee, and applicable taxes and any other costs identified during checkout (hereinafter the “Total Price”).

You are liable for your acts and omissions and for the acts and omissions of anyone you provide access to the Accommodation and all areas and facilities of the Accommodation. For example, this means:

1. a. You are responsible for leaving the Accommodation and all areas and facilities of the Accommodation in the condition it was initially given.

2. b. You are liable for paying all reasonable damage claim amounts.

3. c. You shall act with integrity and treat others with respect.

Accommodation Reservation

An Accommodation Reservation is a limited license to enter and use the Accommodation. The Host retains the right to enter the Accommodation during your stay, to the extent:

1. (i) it is reasonably necessary,

2. (ii) permitted by your agreement with the Host, and

3. (iii) permitted by applicable law.

If you stay past checkout, the Host has the right to proceed to any legal actions permitted by applicable law.

Legal Obligations

You are responsible for complying with any laws, regulations, and rules applicable to the Registration and the Services provided to you.

If you book a Service for an additional guest who is a minor or you invite a minor to join a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

Hosts Offer System

The Host Offer system is designed to provide Hosts with the flexibility to manage pricing effectively, create attractive Registrations, and therefore maximize occupancy, while the Guest experience is enhanced. The Host Offer system is offered according to the following terms and conditions.

Hosts may create Host Offers for bookings up to 365 days in advance, while the Host Offers can remain active until the day of the Guest's arrival. The Hosts have the option to create special offers/discounts by setting reduced prices for their Accommodations. To create a Host Offer, Hosts shall provide specific details about the Host Offer, such as the timeframe during which the Host Offer will be active, the Accommodation location, the room or apartment to which the Host Offer applies, including any applicable attributes, e.g. room type, capacity, amenities, etc., whether it shall apply to specific dates, months or broader periods, and the minimum duration of stay required, e.g. a night, a week, a month, etc. There are no restrictions on the monetary value of the Host Offers or the number of the Host Offers a Host can create.

Once a Host Offer is created, it will be displayed to Guests searching for Accommodations in the specified area, based on the filters they have selected. If no properties match the exact dates of a Guest’s search, Bookerty may suggest nearby or alternative dates with available offers to provide a wide range of options to the Members of the Bookerty Platform.

The booking of a Host Offer is binding. Regardless of whether the Guest utilizes the Reservation, the booking remains valid for the entire duration of the stay, and the corresponding dates will remain blocked on the Host's calendar. Cancellations are subject to the applicable cancellation policy.

For all bookings made through the Host Offer system, Bookerty applies standard service fees, as defined in the fees section, calculated on the final booking price.

Auction Process

The Auction Process is a unique feature designed to facilitate dynamic pricing for Accommodations. This system allows Hosts to auction their Accommodations for specific dates, providing an opportunity to maximize revenue, while offering Guests the chance to secure Accommodations in high-demand seasons. By participating in the Auction Process, both Hosts and Guests agree to the following terms and conditions.

The Hosts may place Accommodations in an auction for specific dates up to 365 days before the booking start date. Each auction can remain active for a duration ranging from 1 to 30 days, as determined by the Host. When initiating an auction, the starting bid must be at least 20% lower than the Host’s basic price for the selected dates. The Hosts are responsible for specifying the duration of the auction, the capacity of the Accommodation and any additional terms, such as a “buy-out” price, which allows Guests to immediately secure the Accommodation by paying a predefined amount.

Once an auction is live, the Accommodation will no longer be available for standard bookings during the auctioned dates. The Registration will, however, appear in both the standard and auction search tabs, with clear indications that it is available only through the Auction Process. Hosts may cancel an auction only if no bids have been placed. Once a bid has been submitted, the auction is binding, and cancellation is no longer permitted.

Auctions are displayed in a dedicated tab on the Bookerty Platform, sorted by the time remaining until auction closure. Guests can filter auctions by location, dates, capacity, amenities, and other preferences. If no auctions match a Guest’s search criteria, the Bookerty Platform will suggest nearby or similar options where possible. To ensure fair participation, all bids must meet the Host’s specified minimum increment and cannot be cancelled once placed.

Bookerty will send real-time notifications to Hosts and Guests about auction activity. Guests will be notified when they are outbid and Hosts will be informed when new bids are placed. If a bid is placed in the final minute of an auction, the auction will automatically extend by one additional minute to allow for competitive bidding.

Once an auction has closed and a winner is derived, the booking is binding and the Accommodation remains reserved for the Guest for the full duration of the stay, regardless of whether the Guest utilizes the Reservation. The Accommodation’s availability will be blocked on the Host’s calendar for the specified dates.

Only the highest bid at the closure of the auction will result in a booking, unless a Guest engages in the buy-out option of the auction if available by the Host, and the winning bid amount will be deducted from the Guest’s Wallet. Once a booking is confirmed through the auction, it is binding for both Hosts and Guests, and no refunds or cancellations are allowed. Guests who wish to “buy out” an auction must pay the Host’s predefined buy-out price, if applicable, to immediately secure the Accommodation.

Bookerty charges a standard service fee for all bookings made through the Auction Process. If the auction closes without a winning bid above the basic price, Bookerty will apply standard service fees, as defined in the fees section, based on the final auction price. If the winning bid exceeds the basic price, Bookerty will charge the standard service fee on the basic price and an additional 15% fee on the difference between the basic price and the final auction price. All fees will be deducted automatically from the Host’s payout upon completion of the booking. Guests are also subject to standard service fees, depending on the type of the Accommodation booked.

Bookerty reserves the right to modify these terms, including fee structures and operational guidelines, with at least 14 days’ notice provided to users via email or Bookerty Platform notification.

Bookerty is not liable for any disputes arising from misuse or misunderstanding of the Auction Process.

Guests Offer System

The Guest Offer system is designed to create a seamless negotiation process between Guests and Hosts, enhancing the Members’ experience, while maintaining transaction transparency and fairness, ensuring trust and reliability on the Bookerty Platform. The Guest Offer system is offered according to the following terms and conditions.

The Guest Offer system allows Guests to create personalized offers for Accommodations, which remain valid up to 48 hours before the Guest’s specified arrival date, so that timely responses and a streamlined booking process can be ensured. To create a Guest Offer, Guests shall provide information about the Guest Offer, such as the duration of the Offer, the budget, location, Accommodation amenities, dates of stay, number of Guests, etc. The maximum of the Guest Offers permitted for the same dates is up to three in parallel.

Hosts within the specified area, whose Accommodation capacity accommodates the Guest Offer criteria and the requested number of Guests (including up to two additional people), can view and accept the Guest Offer, while their Registration remains available in the Bookerty Platform.

Hosts who receive Guest Offers have the option to counter the proposed price with a lower offer. The counteroffer option will only be visible to Hosts whose average nightly rate for the requested dates exceeds the Guest Offer price by at least €0.01.

Every time a Guest Offer is accepted by a Host, the Guest is notified. Guests can view all Accommodations of the Hosts that accept the Guest Offer and/or make a counteroffer and choose their preferred Accommodation and finalize the booking by completing the payment within 24 hours as from the completion of the Guest Offer duration. If the Guest fails to make the payment within this timeframe, the Hosts are released from the obligation to honour the Guest Offer, and the Guest Offer becomes void. If a Host accepts a Guest Offer but the specific Accommodation is booked before the Guest’s response, this Accommodation will be automatically removed from the Guest’s list, and the Host will no longer be obligated to honour the Guest Offer.

All bookings made through the Guest Offer system are binding. Once a booking is confirmed, the Accommodation remains reserved for the Guest for the full duration of the stay. The corresponding dates will remain blocked on the Host’s calendar, regardless of whether the Guest utilizes the Reservation. Cancellations are strictly prohibited for both Hosts and Guests.

For all bookings made through the Guest Offer system, Bookerty applies standard service fees, as defined in the fees sections and additionally a fee of 15% on the savings achieved through the Guest’s Offer price. If the Guest submits multiple parallel offers for the same dates, the additional fee increases to 20% for the second parallel offer and 25% for the third parallel offer.

Content

Any information and/or data registered in the Bookerty Platform (hereinafter the “Content”) must be accurate and not contain any inappropriate, including misleading, offensive and discrimination, comments and may not violate applicable laws.

Reviews

Following the execution of the agreement between the Hosts and the Guests, both parties will have the opportunity to review each other. Your review must be accurate and not contain any inappropriate Content, including misleading, offensive and discrimination comments and may not violate applicable laws.

Fees and Charges

Any applicable fees, such as Bookerty’s service fees, promotional programs fees, which are non-refundable and the relevant terms thereof, are disclosed to the Hosts before publishing a Registration, and any applicable fees, such as Services fees, cancellation fees, applicable taxes and any other costs and the relevant terms thereof are disclosed to the Guests before making a booking.

Bookerty’s service fees for the Hosts

For hotel Registrations, the service fee is set at 9% of the total booking price, which includes any transaction fees.

For apartment Registrations, the service fee is 2% of the total booking price. Once an apartment Host has paid the threshold amount in fees, the service fee is reduced to 0.1%. The threshold amount is determined based on the average nightly price of the registered property. For properties priced between €1 and €120 per night, the threshold is €140. For properties priced between €121 and €200 per night, the threshold is €250. For properties priced above €200 per night, the threshold is €450. Prices include VAT.

Regarding the reduced service fee of 0.1%, apartment Hosts with multiple properties may qualify for discounts on the threshold amount for each property depending on their price per night. A 10% discount in the threshold amount is applied to Hosts managing three or more properties, and a 20% discount is applied to those managing seven or more properties.

Bookerty’s service fees for the Guests

For hotel bookings, the Guests are not charged any additional service fees.

For apartment bookings, the Guests are charged a 6% service fee on the total booking price.

Promotional programs fees - Fees for optional features provided for the Hosts

Bookerty offers optional services for the Hosts to enhance their Registrations and increase visibility. These include a fully customizable cancellation policy, priced at €99.99 per year for hotels and €49.99 per year for apartments. Hosts can choose to display their contact details (phone number and website) for €34.99 per month or €359.99 per year for hotels, and €19.99 per month or €199.99 per year for apartments. Featured Registrations are also available, placing Accommodations in premium positions on search results, for €29.99 per month or €299.99 per year for hotels, and €14.99 per month or €99.99 per year for apartments. A bundled package offering all three features is available for €574.99 per year for hotels and €314.99 per year for apartments. All prices include VAT.

Auction Process fees

Bookerty charges a standard service fee for all bookings made through an Auction Process and additionally 15% on the difference between the basic price and the final auction price, if and where applicable according to the auction process section, as Bookerty’s service fee for Hosts.

Guest Offer system fees

Bookerty charges a standard service fee for all bookings made through the Guest Offer system and additionally 15% on the savings achieved through the Guest’s Offer price. If the Guest submits multiple parallel offers for the same dates, the additional fee increases to 20% for the second parallel offer and 25% for the third parallel offer.

Cancellation fees

If a booking is canceled by either the Host or the Guest, a flat fee of €10 will be applied. In the case of a Guest canceling, €10 will be deducted from their payment. If the cancellation is initiated by a Host, €10 will be deducted from their payout.

Transaction fees

Transaction fees are applied based on the payment method selected by the Guest. These fees are transparently displayed during the checkout process. Payments made via Visa or Mastercard incur a 2% fee, while payments through IRIS are fee-free. Transactions completed through Viva Wallet are subject to a 0.5% fee, and payments via Revolut incur a 0.3% fee. The Guests are responsible for any additional fees imposed by their financial institution, including currency exchange charges. Bookerty recommends using cost-effective solutions to minimize these costs.

Bookerty reserves the right to revise its fee structure or introduce new charges and adjust these fees and thresholds. Any changes will be communicated to the Members with at least 14 days’ notice, delivered via email or Bookerty Platform notification. All fees paid to Bookerty, including service fees, promotional programs fees - optional feature fees and transaction fees are non-refundable. By using the Bookerty Platform, Hosts and Guests acknowledge and agree to these terms.

Bookerty acts as payment collection agent. Bookerty securely holds the funds paid by the Guests for their bookings and releases the payment to the Hosts 24 hours after the Guest’s arrival, provided that everything is in order with the Reservation. Bookerty deducts its service fees for facilitating the transaction.

Bookerty will deduct amounts you owe from your payout unless a different method is agreed between you and Bookerty.

In case you, as a Guest, choose to pay using a currency that differs from the currency set by the Host on the Services Terms, the price displayed to you is based on a currency conversion rate determined by Bookerty.

Taxes

As a Host, you are responsible for determining and fulfilling your legal obligations to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist taxes, income taxes or other taxes (hereinafter the “Taxes”). All fees outlined by Bookerty are inclusive of applicable VAT, unless otherwise stated.

As far as required by law, Bookerty collects and/or reports tax information about you to tax authorities.

Cancellation – Reservation issues – Refund

The Host shall not cancel a Reservation without good reason, assessed on a case-by-case basis, or applicable law. In case:

1. a. The Host cancels a Reservation without a good reason.
2. b. The agreement between the Host and Bookerty is terminated, according to the termination section.
3. c. A Guest experiences a Reservation issue.

Bookerty will reduce the amount you are paid by the amount of the refund, to which the Guest is entitled, or the costs of the rebooking service provided to the Guest, by any other reasonable costs and expenses that occur as a result of the cancellation, and by a cancellation fee, as described in the fees section, that may be imposed to the Host.

If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs and fees exceeds your payout, Bookerty may recover that amount from you, including by deducting the refund against your future payouts. If Bookerty reasonably expects to provide a refund to a Guest, according to the above-mentioned provisions, it may delay release of any payout for that Reservation until a refund decision on the relevant appeal addressed to the customer service of Bookerty is made.

If the Guest cancels a Reservation, any refund, to which the Guest may be entitled, is determined by the cancellation policy contained in the Service Terms, subject to the above-mentioned provisions.

In case of force majeure events, namely extraordinary events or circumstances beyond the parties’ control, the Guest may be entitled to a refund, according to the aforementioned clauses.

Reservation Modifications

The Hosts and the Guests are responsible for any Reservation modifications they agree to make via the Bookerty Platform (hereinafter the “Reservation Modifications”) and agree to pay any additional fees or taxes related to the Reservation Modifications.

Damage Claims

In case there is damage to the Host’s or the Accommodation owner’s property or the property the complaining Member is responsible for or has an economic interest in, caused by the Guest, its guest(s) or pet(s), the complaining person can use the resolution platform provided by the Bookerty Platform to submit a relevant complaint providing valid evidence and seek compensation regarding the property damage or other consequential damages, which result directly from the damage, and/or the cleaning expenses in excess of the cleaning fee (hereinafter each and collectively the “Damage Claim”).

Bookerty will notify the Guest about the Damage Claim and the Guest will have the opportunity to respond to such a query providing any relevant counter evidence. In case the Guest agrees to pay the compensation amount, Bookerty is authorized to collect the amount of the compensation for the Damage Claim. The Hosts and the Guests agree to cooperate in good faith, provide any information Bookerty requests, execute documents and take any further reasonable action in relation to the Damage Claim, claims under insurance policies or other claims related to the provision or use of the Services.

The above-mentioned resolution procedure does not affect in any way your legal rights to take legal action for the settlement of the dispute.

Complaints

In case you provide illegal or incompatible with the Terms of Use Content, Bookerty may take any of the following measures:

1. a. Remove or disable access to or restrict visibility of the Content
2. b. Suspend or terminate the provision of the services through the Bookerty Platform, in whole or in part, to you.
3. c. Suspend your account.
4. d. Suspend, terminate or otherwise restrict the ability to monetize Content provided by you.

Bookerty provides you and third parties, including trusted flaggers, acting within their designated area of expertise, according to Article 22 of the Regulation (EU) 2022/2065 of the European Parliament and of the Council, with an electronic notification form (the “Notification Form”) to notify Bookerty of the presence on the Bookerty Platform of allegedly illegal Content. Bookerty shall process such notices and take decisions in respect of the information to which the notices relate, in a timely, diligent, non-arbitrary and objective manner.

Bookerty provides you for a period of six (6) months following the decision referred to herein, with access to an internal complaint-handling system that enables you to lodge complaints, electronically and free of charge, against the decision taken by Bookerty upon the receipt of a notice or against the following decisions taken by Bookerty on the grounds that the information provided by you constitutes illegal Content or is incompatible with the Terms of Use:

1. a. Decisions whether or not to remove or disable access to or restrict visibility of the information.
2. b. Decisions whether or not to suspend or terminate the provision of the services through the Bookerty Platform, in whole or in part, to you.
3. c. Decisions whether or not to suspend your account.
4. d. Decisions whether or not to suspend, terminate or otherwise restrict the ability to monetize information provided by you.

You are entitled to select any certified out-of-court dispute settlement body in order to resolve disputes relating to those decisions, including complaints that have not been resolved by means of the internal complaint-handling system referred to herein. Both parties shall engage, in good faith, with the selected certified out-of-court dispute settlement body with a view to resolving the dispute. Bookerty may refuse to engage with such out-of-court dispute settlement body if a dispute has already been resolved concerning the same information and the same grounds of alleged illegality or incompatibility of the Content or is already subject to an ongoing procedure before another competent out-of-court dispute settlement body or a competent court.

The misuse of online platforms by frequently providing manifestly illegal Content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems provided by Bookerty, respectively, undermines trust and harms the rights and legitimate interests of the parties concerned. In such cases, Bookerty is entitled to suspend the processing of complaints for a reasonable period of time, having taken into account all relevant facts and circumstances apparent from the information available to Bookerty, including:

1. a. The amount, severity and frequency of unfounded notifications.
2. b. The ratio of unfounded notifications to all notifications of the notifier.
3. c. The intentions pursued by the notifier, insofar as they can be determined by Bookerty.

Where appropriate, Bookerty will issue a warning, prior to such a suspension.

As part of its own initiative investigations and the review of Content notifications, Bookerty uses various processes and tools to identify, review and moderate Content. This may include human review, automated review or a combination of both. If automated means have been used to review Content and Bookerty has subsequently taken action with respect to that Content, Bookerty will notify the Member who posted the Content of the use of automated means to the extent that legitimate interests of Bookerty and its Members do not preclude such notice.

For all other complaints that are not subject to Bookerty’s complaint handling system, you can contact Bookerty’s customer service.

Reporting

Should you believe that any rights are violated and a person or property could be harmed by a user of the Bookerty Platform, a Registration or a Content, you shall immediately contact the competent local authorities and then report your concerns to Bookerty submitting also a copy of your report before the local authorities to it, as per its request. Except as required by law, Bookerty is not obliged to take any action in response to any report.

Violations

In any of the following cases:

1. a. Breach of the Terms of Use.
2. b. Violation of any applicable laws, regulations or third parties’ rights.
3. c. Provision of illegal or incompatible with the Terms of Use Content.
4. d. Repeated receipts of poor reviews or complaints on your performance or conduct.
5. e. Repeated cancellations of confirmed bookings or failure on response to booking requests without a good reason or for purposes of protection of the personal safety or property of Bookerty, the Members or third parties.

Bookerty may take any of the following actions:

1. a. Suspend or limit your access to or use of the Bookerty Platform and/or your account.
2. b. Remove or disable access to or restrict the visibility of Registrations, reviews or other Content.
3. c. Cancel pending or confirmed bookings.
4. d. Suspend or revoke any special status associated with your account.

In case of non-material violations or where otherwise appropriate, you will be notified of any measures to be taken by Bookerty and you will have the opportunity to resolve the issue, unless such notification would prevent or impede the detection or prevention of fraud or other illegal activities, harm the legitimate interests of Members or third parties or contravene applicable laws.

Where required, you will be notified for any of the above-mentioned measures taken by Bookerty with a statement of reasons in accordance with the latter’s legal obligations.

Term – Termination

Term

The agreement between you and Bookerty remains in effect until any of the parties terminates the agreement in accordance with the Terms of Use.

Termination

You may terminate the agreement between you and Bookerty at any time by sending an email or by deleting your account.

Bookerty may terminate the agreement between you and Bookerty for any reason by providing 30 days’ notice before the termination effects become effective, via email or without prior notice in case of:

1. a. Material breach of the Terms of Use or Bookerty’s policies.
2. b. Violation of applicable laws or regulations.
3. c. Infringement of any rights of Bookerty, the Members, or third parties, in which cases the termination effects become effective immediately.

Termination Effects

In case of termination of the agreement between a Host and Bookerty, any confirmed booking/-s will be automatically cancelled and the Guests will receive a full refund.

In case of termination of the agreement between a Guest and Bookerty, any confirmed booking/-s will be automatically cancelled and any refund will depend upon the cancellation policy contained in the Service Terms.

In cases where your access to or use of the Bookerty Platform has been limited or disabled, or your Bookerty account has been suspended or the agreement between you and Bookerty has been terminated by Bookerty, you may not register a new account or in any way access or use the Bookerty Platform.

Miscallaneous Provisions

Search Results Factors

Search results are based on relevance with the search criteria/filters, which (the relevance) is determined by factors, including, but not limited to the following:

1. a. Guest search parameters, such as travel destination, travel dates, number of guests, price, etc.
2. b. Registration characteristics, such as calendar availability, Accommodation location, price, reviews, popularity, etc.
3. c. Guest experience, such as customer service, cancellation history of the Host, etc.
4. d. Registration requirements, e.g., minimum or maximum booking dates, etc.
5. e. Guest preferences and history, such as previous trips and saved registrations, etc.

Search results may differ on the mobile application compared to the website and/or in the map view. Bookerty may provide Hosts with promotional programs in relation to the Registrations in search on the Bookerty Platform by paying an additional fee, as described in the feessection.

Technical Measures

You are prohibited from using any tools to access, collect data, or interact with the Bookerty Platform, take any action that could affect the functional settings of the Bookerty Platform, such as manipulating the search algorithm, etc., and in general engage in any practices that could affect the security measures protecting the Bookerty Platform or its Content or harm the functionality of the Bookerty Platform.

Bookerty warrants that it takes all reasonable technical measures to ensure the secure use and proper function of the Bookerty Platform. However, Bookerty is not responsible for any damage or technical malfunction occurring on the Bookerty Platform, resulting in the temporary or permanent interruption of the Bookerty Platform use, such as the non-registration of some entries, due to Internet and telecommunications infrastructure disruptions.

Further, Bookerty does not warrant that the servers through which the Bookerty Platform is made available to the Members are provided without harmful software or that the services, options or results thereof are correct, complete, and available at all times. It is the sole responsibility of each Member to ensure, by using anti-virus software, that their personal computer and files are not compromised and protected from harmful/malicious software, such as viruses or malicious programs - applications, as well as the eventual combating of any such detected software.

In any case, Bookerty shall not bear any responsibility and/or expense for the necessary maintenance or repair of the Member’s computer and in general its system for any damage suffered following its visit to the Bookerty Platform, as well as for any other damage from this cause and for any reason and cause.

Bookerty may, temporarily and under consideration of the Members’ legitimate interests (e.g., by providing prior notice), restrict the availability of the Bookerty Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of Bookerty’s servers or to carry out maintenance measures that ensure the proper or improved functioning of the Bookerty Platform.

Links

Links to the Bookerty Platform are prohibited without the prior written consent of Bookerty.

The Bookerty Platform may contain links to other websites (hereinafter the “Links”). Bookerty bears no responsibility for the availability of the Links, their security, or their content. Bookerty suggests that you carefully read the terms of use and the privacy and cookies policy of these Links before using them.

Copyright

By registering any information and/or data in the Bookerty Platform, you grant Bookerty the sub-licensable license to use, copy, modify, prepare derivative works of, reproduce, publish or distribute such content. You warrant that you own the information and/or data registered in the Bookerty Platform or that you are authorized to grant Bookerty the above-mentioned rights, and you are liable in case any of the content registered in the Bookerty Platform by you infringes any third party’s intellectual property or privacy rights.

The Bookerty Platform and the Bookerty content are the intellectual property of Bookerty and/or its licensors and are protected by the provisions of national and international law governing intellectual property.

The Content of the Bookerty Platform is provided solely for your information and personal, non-commercial use and you may use it only to the extent necessary to use the Bookerty Platform as a Host or a Guest. Any other use of the Bookerty Platform or its content is prohibited. You may not copy, modify, prepare derivative works of, reproduce, publish or distribute and in any way exploit any content of the Bookerty Platform, except to the extent you are the legal owner of the content, you have the written permission of the legal owner or as expressly permitted in the Terms of Use.

Content

Bookerty is not responsible for the accuracy, completeness, and validity of the Content, which shall be legal and compatible with the Terms of Use. The Content is not verified by Bookerty, however, Bookerty reserves the right to undertake investigations to detect and disable access to illegal or incompatible Content and to take any required measures according to the laws and the Terms of Use, and you agree to cooperate with Bookerty in any reasonable way with respect to the above-mentioned purposes.

You acknowledge that Bookerty may use, for your convenience, services or automated tools to translate the Content and is not responsible for the accuracy of such translation. Bookerty suggests that you always check the quality of the translations of the original wording of any Content.

Bookerty’s Role

Bookerty does not own, control, offer or manage any Reservations, Host Services, or tourism services. Bookerty is not a party to the agreements entered into directly between Hosts and Guests, nor is Bookerty a real estate broker, travel agency, insurer or an organiser or retailer of travel packages under Directive (EU) 2015/2302. Bookerty is not acting as an agent in any capacity for any Member, except that Bookerty acts as payment collection agent, as described in the fees section.

General Rules

In case you provide Bookerty with someone else’s personal information, you:

1. a.Shall do so in compliance with applicable law.
2. b.Shall be authorized to do so.
3. c.Authorize Bookerty to process that information under Bookerty’s Privacy Policy.

The Bookerty Platform, the messaging tools or Member’s personal information shall not be used for sending commercial messages, without their express consent.

Hosts shall not encourage the Guests to create third-party accounts, submit reviews, provide their contact information or take other actions outside the Bookerty Platform in violation of the Terms of Use, except for the cases explicitly referred to herein.

Any terms or conditions that you include in any supplement agreement with the Guests must:

1. a. Be consistent with the Terms of Use and the information provided in your Registration.
2. b. Be prominently disclosed in your Registration description, unless not applicable according to the Terms of Use, i.e., in case you share your contact information in accordance with the Terms of Use.

Hosts shall not collect any additional fees or charges outside the Bookerty Platform, unless otherwise provided for in the fees section.

Legal Obligations

Bookerty may take any actions reasonably necessary to:

1. a. Comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described in the Terms of Use.
2. b. Secure the Bookerty Platform, including for fraud prevention, risk assessment, investigation and customer support purposes.
3. c Ensure the Members’ compliance with the Terms of Use.
4. c. Address Content that is determined by Bookerty to be harmful or objectionable.
5. d. Maintain and enforce any quality or eligibility criteria.

Force Majeure

Bookerty is not liable for any non-performance, hindrance or delay of its obligations pursuant to the Terms of Use resulting directly or indirectly from extraordinary events or circumstances beyond Bookerty’s control, such as accidents, fire, flood, earthquake, elements of nature or acts of God, pandemics, epidemics or disease, acts of war, terrorism, riots, embargoes, rebellions or revolutions, strikes, civil disorders, shortages of transportation facilities, fuel, energy, labour or materials, acts of civil or military authorities or any other similar cause.

Disclaimer

Bookerty works hard to ensure that the Members have great experiences using the Bookerty Platform, but cannot control the performance of the Hosts, the Guests or third parties and does not warrant the existence, suitability, quality, safety or legality of any Registrations or Services and the accuracy, completeness or validity of the Registrations, reviews or other Content provided by the Members.

Bookerty does not guarantee that any verification, identity or background controls conducted on the Members will identify past or prevent future misconduct. Any references to a Member being “verified” (or similar language) indicate only that the Member or Bookerty has completed a relevant verification or identification process and nothing else.

In the case that the Host’s contact details are shared with the Guests, according to the Terms of Use, Bookerty bears no liability for any terms or conditions that are included in any agreement between the Hosts and the Guests or any issue arising in connection with or as a result of such agreement, including any preparatory actions, such as communications, etc.

Indemnification

In any of the following cases:

1. a. Breach of the Terms of Use.
2. b. Violation of any applicable laws, regulations or third parties’ rights.
3. c. Failure to fulfil any legal obligation, such as Bookerty’s obligation to report tax information about you to the tax authorities.
4. d. Improper use of the Bookerty Platform.
5. e. Interaction with any Member, stay at any Accommodation, participation at any Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use.

You agree to release, defend (at Bookerty’s discretion), indemnify, and hold Bookerty harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the afore-mentioned cases.

No waiver

No failure or delay by Bookerty in exercising any of its rights hereunder shall operate as a waiver of such rights. Except as expressly set forth in the Terms of Use, the exercise of any remedy under the Terms of Use will be without prejudice to other remedies under the Terms of Use or otherwise permitted by law.

Assignment

Bookerty may assign any rights and obligations hereunder, at its sole discretion, with 30 days’ notice prior to the assignment.

The Members shall not assign or transfer or purport to assign or transfer any of their rights or obligations hereunder or any benefit thereof or interest therein without Bookerty’s prior written consent.

Notices and communications

Unless specified otherwise, any notices or other communications to Members permitted or required under the Terms of Use will be provided electronically and given by Bookerty via email, Bookerty Platform notification, messaging service or any other contact method Bookerty enables you to provide.

You will receive administrative communications from Bookerty using the email address or other contact information you provide for your Bookerty account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from Bookerty. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Bookerty account.

Interpretation

The Terms of Use constitute the entire agreement between Bookerty and you in respect of the Bookerty Platform access and use and related matters contained herein. This Agreement supersedes any and all prior agreements and understandings between the parties in relation to the aforementioned subject matters.

The invalidity or unenforceability of any provisions of the Terms of Use shall not affect the validity, legality or enforceability of the remainder of the Terms of Use, it being intended that all rights and obligations of the parties pursuant to the Terms of Use shall be enforceable to the fullest extent permitted by law.

Terms of Use modifications

The Terms of Use may be modified at any time, in which case Bookerty will provide a 14 days’ notice before the date the revised terms of use become effective, via email or Bookerty Platform notification.

In case the modifications of the Terms of Use are material, Bookerty will request your explicit acceptance of the revised terms of use. In case you reject the revised terms of use, the agreement between you and Bookerty will be terminated immediately, while in case you do not respond to the relevant request within the set timeframe, the agreement between you and Bookerty will be terminated automatically on the prior date of the effective date of the revised terms of use, without any further notice. For the termination effects, please refer to thetermination section.

In case the modifications of the Terms of Use are non-material or imposed by law, a legally binding court decision or a binding order of a competent authority, the use of the Bookerty Platform will be deemed as implied acceptance of the revised terms of use by you.

In any case, Bookerty suggests that you regularly refer to the Terms of Use, in order to keep informed of their current version.

Contact

If you have any questions on the Terms of Use, please contact us at: support@bookerty.com.

Governing Law – Jurisdiction

Governing Law

The Terms of Use are governed by and interpreted in accordance with Greek Law.

Dispute Resolution

The parties shall use their best efforts to amicably settle any differences/disputes arising from or relating to the Terms of Use.

Consumer residents in the Union can access the European Commission’s online dispute resolution platform: https://ec.europa.eu/consumers/odr. Bookerty is not committed nor obliged to use an alternative dispute resolution entity within the meaning of Directive 2013/11 EU to resolve disputes with consumers. The European Commission’s online dispute resolution platform is not available for residents of Switzerland or the United Kingdom.

Jurisdiction

You hereby agree that any dispute arising directly or indirectly from the Terms of Use or the use of the Bookerty Platform shall be subject to the jurisdiction of the Courts of Athens.