User Agreement | Consumer

Version 1.1 (updated on 25 June 2012)

1.1

This is the agreement between you, the Consumer (whom we refer to as “you”, “You”, “Your”, “Bookingrid Consumer”, “Buyer” or the “Consumer” hereafter) and us. We are ECOMSENSE UK LIMITED and we are the owner of this website. We are a company registered in England and Wales with our registered office at Lion House, Red Lion Street, London, WC1R 4GB (and we refer to ourselves as either “Bookingrid”, or “we”, or “us”, or “our” in this document). Our company registration number is 7674119.

1.2

This document sets out the terms and conditions (the “Agreement”) under which we grant you a licence to buy and sell bookings on goods and services published on the Bookingrid website at http://bookingrid.com  (the “Website”) - either directly or through external applications supplementary to the Website - by third party suppliers (“Supplier” or “Suppliers”). For the purposes of this Agreement we refer to such bookings on goods and services published on the Website by Suppliers as the “Bookings” hereafter. By using the Website, our auxiliary websites and applications supplementary to the Website, services provided via the Website including the information services, content and transaction capabilities on the Website, in particular, ability to buy and sell Bookings on the Website (all or any of these referred the “Service” hereafter) you expressly agree to be bound by the following terms and conditions.

1.3

We strongly recommend that you read and understand this Agreement, and in any event by continuing to use the Service you will be bound by the terms and conditions of this Agreement.

1.4

We reserve the right to amend the terms of this Agreement at any time. All amendments to this Agreement will be posted online. Such new Agreement will automatically take effect and replace the terms of this Agreement. You may terminate this Agreement by written notice to us if you do not wish to be bound by such new terms. However, continued use of the Service will be deemed to constitute acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, immediately remove any of your bids and offers from the Website and do not continue to use the Service.

2.        Registration and Consumer Accounts

2.1        Requirements

To use the Website and/or the Service, you must be 18 years of age or over.

Registration is required for you to purchase Bookings from sellers and to re-sell Bookings purchased by you to other Bookingrid Consumers via the Website. You may register with us by providing your name, address, phone number, email address, payment details and possibly some other personal information. Please refer to our Privacy Policy for more details on how we use and protect your personal information.

To be entitled to buy and sell Bookings (or Booking packages if applicable) via the Website and therefore become an Bookingrid Consumer, you must agree to accept the terms and conditions of this Agreement.

The Website and the Service are directed solely at those who access the Website from the United Kingdom. We make no representation that the Service or any Bookings are available or otherwise suitable for use outside of the United Kingdom. If you choose to use the Service from locations outside the United Kingdom, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

The Website, Service and any Purchase are for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping of the Website and hacking of the Website is not allowed.

2.2        User Name and Password

You may need a user name and password to access certain areas of the Website. You are responsible for maintaining the security of your user name and password and you are responsible for any action taken under your user name or password. We take all reasonable steps to ensure the security of your information on our systems.

2.2        Prevention of Use

We reserve the right to prevent you using the Service or any part of the Service.

2.2        Closing Accounts

We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if an non-UK user pretends to be a UK user, or disrupts the Website or the Service in any way.

2.2        Multiple Logins

If you use multiple logins for the purpose of disrupting a community or annoying other users, you may have action taken against all of your accounts.

3.        Buying and Selling Process

3.1        Bids

Any registered Consumer can place bids on offers of Bookings published on the Website. You can amend or cancel your bids on the Website.

If the seller has accepted a Consumer’s bid, such Consumer becomes the Buyer and holds the right to receive the underlying Booking from the Supplier at the published terms. If you are the Buyer, a confirmation email (“Deal Ticket”) will be sent to your indicated email address.

It is your responsibility to ensure that you provide us with your correct email address for correspondence as you shall still be liable and bound by the contract with the seller whether or not you receive a confirmation from us.

3.2        Accepting Offers

Consumers may accept offers on Bookings published by the Suppliers during trade periods which the Suppliers assigned to their published Bookings. Such offers may be listed by the Suppliers or Buyers of the Bookings. The very first sale of any booking on the Website is always performed by the Supplier published the respective Booking.

If any Consumer has accepted a seller’s offer, such Buyer becomes the holder of the right to receive the underlying Booking from the Supplier that published this Booking at the published terms. If you are the seller, a confirmation email (“Deal Ticket”) will be sent to your indicated email address.

It is your responsibility to ensure that you provide us with your correct email address for correspondence as you shall still be liable and bound by the contract with the Buyer whether or not you receive a confirmation from us.

3.3        Re-selling Your Purchases

Subject to trade restrictions specified for Bookings (see 4.3), you may offer for re-sale to other Consumers some purchased Bookings during trade periods assigned by Suppliers to their Bookings.

In case of successful re-sale all corresponding rights are transferred from the seller of such Booking to the buyer of this Booking as a result of such transaction. The buyer becomes a holder of the purchased Booking.

3.4        Transfers

Subject to availability and trade restrictions specified for Bookings (see 4.3), you may offer for transfer to other Consumers some purchased Bookings during trade periods assigned by Suppliers to their Bookings. The recipient receives a message with your offer. Having accepted your offer, such Consumer becomes a holder of the purchased (or given as a gift) Booking. In such cases all corresponding rights are transferred from the seller (or donor) of such booking to the buyer (or recipient) of this Booking as a result of such transaction.

The transferred Bookings cannot be re-sold or transferred further.

3.5        Accepting Bids

If you are listing your offer on a Booking purchased on the Website, when we receive a bid on your offer we will inform you via email. You can also find bids on your offers on the Website.

You may accept bids on the Bookings you offered for sale during trade periods the Suppliers specified for their Bookings. If a seller has accepted a Consumer’s bid, such seller transfers the right to consume the underlying Booking to the Buyer. If you are the seller, a confirmation email (Deal Ticket) will be sent to your indicated email address.

It is your responsibility to ensure that you provide us with your correct email address for correspondence as you shall still be liable and bound by the contract with the Buyer whether or not you receive a confirmation from us.

3.6        Changes or Cancellations

All purchases on the Website are final and we will give you no refund or exchange. If you have changed your mind, you may list an offer on your purchase (see Clause 4) subject to trade restrictions specified for the Booking (see 4.3).

You should check the Suppliers’ terms and conditions for their applicable refund or cancellation policies.

4.        Listing Your Offers

4.1        Marketplace

Bookingrid is an open marketplace through which Bookings published by Suppliers may be sold to Consumers, purchased by Consumers, re-sold and/or transferred by Buyers to other Consumers. We do not take ownership of any Bookings published by Suppliers. We are not party to any contract that arise when Bookings are sold and purchased via the Website. Please note that there is no guarantee that Bookings offered for sale by you will sell. Please also note that we will not be responsible for any payments taking place outside the Website.

4.2        Listing Offers as Consumer

Usually any Buyer can re-sell purchased Bookings during the applicable trade periods. However some Bookings cannot be resold (see 4.3). You should check this restriction on the Booking information page before your purchase. You can find the list of your purchases which may be resold on the Website.

For Consumers, we do not distinguish resales from other offers. For each resale the Supplier remains the same and the terms of the Booking cannot be altered by the re-seller. The only applicable change is the price which you believe the fair. Also you may list your offer in Bundles containing your resalable items combined with other Bookings.

You can review and manage your offers on the Website.

When you are listing an offer on the Website, we may ask you to verify your payment details so that we can make payments to you. It is your responsibility to ensure that you provide us with your correct payment details.

4.3        Restrictions

Suppliers may set restrictions concerning Bookings they publish. Such restrictions are “Cannot be resold”, “Cannot be transferred”, trade period start date (if any), trade period end date, booking deposit percentage (or amount) / on-site payment amount, etc. Consumers cannot amend such restrictions.

4.4        Accurate Pricing

Market prices are volatile and can change frequently. With this in mind, the Consumer accepts full responsibility for maintaining current prices of its offers listed on the Website.

No matter what the circumstances, the Supplier fulfills the Booking at the published terms agreed at the time a Buyer accepts the offer of the Supplier or the Supplier accepts a bid of a Consumer.

If you have listed a price of a Booking incorrectly and it is, in our reasonable opinion, that the price you provided was an error then we may try and resolve the issue with the applicable Consumer. However, you must take full responsibility for any errors you make in offering Bookings for sale as once a Buyer purchases a booking via the Website a legal contract is made.

4.5        Taxes

Prices displayed on the Website are inclusive of Value Added Tax (VAT).

5.        Payments

5.1        Prepayments

There are two payments for each Booking: the online payment payable via the Bookingrid and the on-site payment (see 5.2). The online payment is prepayment. Usually the deposit is set by the Supplier to 100% and the prepayment covers the full price of the Booking. We require prepayments for the Bookings each time you are buying accepting a seller’s offer or going to buy placing a bid on such an offer.

If you change the price of your bid, we ask you to prepay the respective online payment for the new bid. In such case your prepayment for the previously made bid will be refunded to you. 

We guarantee that we make all prepayments to the sellers whoever they are.

5.2        On-site Payments

On-site payments (if applicable) are paid by the Buyers to Suppliers directly at the time of supply. We inform you about on-site payments whether such payments are applicable. Please note that we are not responsible for any payments taking place between you and your Suppliers outside the Bookingrid website or applications.

5.3        Payments to Sellers

We make a respective payment to the seller once a confirmation (Deal Ticket) have been sent to the Buyer. We endeavour to make payments to the seller in 10 working days after the Deal Ticket has been sent.

5.4        Seller’s Fees

Most of our services constituting the Service are free, although we do charge fees for successful sales of Bookings on the Website. We call these fees Seller's Fees. By default the Seller’s Fee for resales is set to 15%.

You agree that we deduct (withhold) Seller’s Fees from payments received from Buyers before we make payments to the seller.

5.5        Refunds

If your bid is not successful or you cancel your bid, we will refund your prepayment to you in full.

If you change the price of your bid, we will refund the respective prepayment for the previously made bid to you in full.

6.        Delivery and Supply for Consumption

6.1        Delivery of Booking

If a Booking has been purchased by the end of trade period, a voucher containing a unique code will be issued at the end of trade period. The Buyer holding the Booking at the end of the trading period receives the voucher. The same voucher will be sent to the indicated email address of the Supplier which published the purchased booking.

You should present the voucher to the Supplier to receive the Booking at the agreed terms. It is your responsibility to ensure that you provide us with your correct email address for correspondence.

6.2        Supply for Consumption

The Bookingrid Suppliers guarantee supplies of published Bookings at the corresponding terms to the holders of the applicable vouchers.

7.        Use of the Service

7.1        Correction of Errors

We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Service or the Website will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to Query@bookingrid.com.

7.2        Interruptions

We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Website will be transmitted accurately, reliably, in a timely manner or at all.

We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.

Also, although we will try to allow uninterrupted access to the Service, access to the Service and the Website may be suspended, restricted or terminated at any time.

7.3        Changes

We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website or forming part of the Service from time to time. Your access to the Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate. For the avoidance of doubt, we may also withdraw any information from the Website or Service at any time.

7.4        Removal of Undesirable Materials

We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of this Agreement.

8.        Indemnification and Liability

8.1        Indemnities

The Consumer is entitled to a full refund of their entire purchase on the Website in the event of

(i)        a non-supply of a Booking; or

(ii)        the Bookings supplied to a Consumer are not those which were published for sale by the Supplier on the Website; or

(iii)        the terms of supply are different from those which were published by the Supplier on the Website.

8.2        Responsibility

Suppliers but not ECOMSENSE UK LIMITED are the suppliers of the Bookings. They are solely responsible for providing you with the Bookings and for the Bookings themselves.

8.3        Third Parties

Due to the nature of our business and the fact that we cannot control the acts or omissions of third parties, we make no warranty, and specifically disclaim any liability, for any goods or services provided by third parties which are incidental to, ancillary to or consequent on your use of the Website. Further, you agree to that you have no claim against us for the actions, whether negligent or intentional, of any third parties from whom you may purchase Bookings (or others good and services) via the Website or who provide goods or services to which such Bookings (or others good and services) relate.

We act as an intermediary between you and Suppliers on the Website and you agree to accept all liability associated with the payment, delivery cost or misuse of any services or goods provided as a result of your use of our Service.

8.4        Liability

We shall in no circumstances be liable to you for any indirect or consequential losses or any loss (whether direct or indirect) of enjoyment, opportunity, profits, revenue, business, savings, goodwill or reputation arising out of your use of the Service, including without limitation from your purchases and resales of Bookings. In respect of each transaction you make via the Website, our liability to you whether in contract, tort or otherwise shall be limited in aggregate to the total amount paid by you in relation to such transaction.

Nothing in this Agreement is intended nor shall it be construed as an attempt by any party to exclude or limit its liability for any liability which cannot be excluded or limited under applicable law, including without limitation its liability for death or personal injury caused by its negligence or for its fraudulent misrepresentation.

To use the Service, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.

8.5        Release

We are not involved in the actual transactions that occur between third party buyers and sellers on our Website – we provide the marketplace (i.e. the Website) and some related services but any contract for the sale or purchase of tickets (or other goods or services) via the Website is made between you and the party that lists the applicable tickets (or other goods or services) for sale. You release us from claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute arising from your purchase of tickets (or other goods or services) via the Website. We will however, do our best to try and resolve any disputes, claims or demands between you and a third party seller to the best of our ability.

9.        Warranties

9.1        True Information

You represent and warrant that the information you have submitted to us in your registration or offer is true, accurate and complete. You agree not to use false names or addresses, or any other false information, in using the Website.

9.2        Legal Compliance

You represent and warrant that, during any interaction with the Website you will comply with all applicable local, regional, national and international laws. You also represent and warrant that you are 18 or over and therefore able to enter into legally binding contracts.

10.        Suspension and Termination

10.1        Suspension

If you use (or anyone other than you, with your permission uses) the Website or Service in contravention of this Agreement, we may suspend your use of the Service and/or Website in whole or in part.

Without limitation to anything else in this Clause 10, we shall be entitled immediately or at any time (in whole or in part) to: (i) suspend the Service and/or Website; (ii) suspend your use of the Service and/or Website; (iii) suspend the use of the Service and/or Website for persons we believe to be connected (in whatever manner) to you; and/or (iv) terminate this Agreement immediately if:

(A)        you commit any breach of this Agreement;

(B)        we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or

(C)        we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

10.2        Restoration

If we suspend the Service, we may refuse to restore the Service until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.

10.4        Termination

Notwithstanding anything else in this Clause 10, we may terminate this Agreement at any time.

Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

10.5        Survival

In any event, the provisions of Clauses 5, 6 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Service.

11.        General Information

11.1        Entire Agreement

This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected.

Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns.

11.2        No Other Terms

Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

11.3        No Partnership / Agency

The Consumer and ECOMSENSE UK LIMITED are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement and neither shall have any authority to bind the other in any way.

Neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

11.4        Assignment

You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement, without the prior written consent of us, which we can refuse in our absolute discretion. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.

11.5        Severability

No failure or delay by ECOMSENSE UK LIMITED in exercising any of its rights under this Agreement should be deemed to be a waiver thereof and no waiver of a breach of a provision of this Agreement shall be deemed to be a waiver of any subsequent breach.

11.6        No Waiver

No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.

11.7        Privacy Policy

Access to Consumer’s data is subject to our privacy policy available on the Website.

11.8        Intellectual Property Rights

The content and software on the Website (including without limitation copyrights, trademarks, design rights, patents and other intellectual property rights) are the property of ECOMSENSE UK LIMITED and/or its suppliers and licensors and is fully protected by UK and international worldwide intellectual property laws. You may not without our permission reproduce, edit, publish or transmit any of the contents of this Website. All rights in the trade mark and logo “Bookingrid” are expressly reserved to ECOMSENSE UK LIMITED and all goodwill derived from use of the “Bookingrid” trade mark or logo accrues to ECOMSENSE UK LIMITED.

11.9        Force Majeure

We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

11.10        Interpretation

The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.

References to bids / offers on published Bookings shall be deemed to mean bids / offers on Bookings on these Bookings.

References to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.

11.11        Governing Law

This Agreement shall be governed by and construed in accordance with English law and both parties hereby submit to the exclusive jurisdiction of the courts of England.

12.        Notices

12.1        

Any notices required or permitted to be given under this Agreement shall be in writing and shall be delivered by hand, email (other than, if you are sending a notice to us for the purpose of legal process) or by registered post (i) if to us, at our registered office and (ii) if to you, at the address you supplied to us.

12.2        

Any notice sent to us by email shall only be valid if acknowledged by us in writing.

12.3        

The Website and the Service are owned and operated by ECOMSENSE UK LIMITED, a company registered in England and Wales, whose registered office is at Lion House, Red Lion Street, London, WC1R 4GB.

12.4        

If you have any queries, please contact us at Query@bookingrid.com.