BookingBooster.com

Master Subscription Agreement Terms and Conditions.

  1. About these Terms and Conditions.

    These terms and conditions (the "Agreement") set out the basis on which BookingBooster.com ("we" "us" "our") will provide to you the online services described in full on our website, including any offline components referred to therein ("the Services"). Please read the Agreement carefully before ordering any Services from our website. You should understand that by registering for and/or ordering any of our Services you agree to be bound by this Agreement.

    You should print a copy of this Agreement for future reference.

    PLEASE CLICK ON THE BUTTON MARKED "I ACCEPT" AT THE END OF THIS AGREEMENT IF YOU ACCEPT IT. PLEASE UNDERSTAND THAT IF YOU REFUSE TO ACCEPT THE AGREEMENT YOU WILL NOT BE ABLE TO ORDER ANY OF THE SERVICES FROM OUR WEBSITE.

    By placing an order through our website you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with this Agreement, you must select the "I DECLINE" button and may not use the Service.

    For ease of reference, a Definitions section is included at Section 26 at the end of this Agreement.

  2. Information about Us.

    BookingBooster.com is a site operated by BOOKING BOOSTER Ltd

    BOOKING BOOSTER Ltd is registered in England and Wales under company registration number 05709311 and registered office at The Brighton Forum, 95 Ditchling Road, Brighton, BN1 4ST, United Kingdom. Our main trading address is at The Brighton Forum, 95 Ditchling Road, Brighton, BN1 4ST, United Kingdom.

  3. Agreement and Provision of The Service

    Once you have accepted this Agreement and registered with us and placed an order and we have acknowledged and accepted your registration and order you will be able to use the Service which will include giving you access to a browser interface and provide you with data encryption, transmission, and access and storage services. The BookingBooster.com Service, through these facilities, will enable you to upload your hotel rates and availability information to our system so that the Agents that you deal with receive this information, by data transfer, in the precisely the same form that you have uploaded the information to us through the Booking Booster interface. Depending on the data transfer setup that you have with each individual Agent, the time of transfer can vary. If an Agent uses web services and has been connected to BookingBooster.com the transfer will be almost instant, however if the agent does not use the standard web services for transfer and is not connected to BookingBooster.com in this way, the time of transfer can vary but is unlikely to exceed 90 minutes.

    You cannot connect to our Service unless you have a contract with an Agent or Agents. If you so request we can facilitate contact between you and an Agent or Agents but whether you enter into a contract with any Agent is a matter between you and the Agent concerned.

    The contractual relationship between you and your Agents is a matter solely for you and we have no involvement with that relationship other than to facilitate the transfer of your data and information to your Agent or Agents pursuant to your order. Additionally, we have no connection whatsoever with any payments or reservations made for hotel rooms which you make available. The provision to you by us of the Service is a separate arrangement between you and us which is governed by this Agreement.

    As referred to in Section 1 above your use of the Service and/or your registration shall be deemed to be your agreement to this Agreement which shall also include all policies and statements on the BookingBooster.com web site including but not limited to our privacy and security policies.

    The Service is offered in several editions ;(1) the Basic account (2) the Plus Account and (3)the Max Account. In addition, we offer a 14-day free trial of our Basic account with no further obligation. Please see our website for feature differences between the various account options.

  4. Privacy & Security Disclosure

    BookingBooster.com's privacy and security policies may be viewed on our website and web application at all times. We reserve the right to modify our privacy and security policies in our reasonable discretion from time to time. Your Licensed Users will receive Service-related communications from us from time to time, however, they may opt out of receiving such communications at any time by changing their preference under Personal Setup. Note that because the Service is a hosted, online application, we may occasionally need to notify all Licensed Users of important announcements regarding the operation of the Service whether or not they have opted out as described above. If you become a paying customer of the Service, you acknowledge and agree that we shall be permitted at all times to disclose the fact that you are a paying customer and the edition of the Service that you are using.

  5. License Grant & Restrictions

    BookingBooster.com hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to this Agreement. All rights not expressly granted to you are reserved by BookingBooster.com.

    You may not access the Service if you are a direct competitor of BookingBooster.com unless we give you express prior written consent. In addition, you may not access the Service for purposes of monitoring BookingBooster.com's availability, performance or functionality, or for any other benchmarking or competitive purposes.

    You shall not ; (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the BookingBooster.com Technology in any way; (ii) modify or make derivative works based upon the Service or the BookingBooster.com Technology; (iii) create Internet "links" to the Service or "frame" or "mirror" any BookingBooster.com Technology on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one Licensed User but may be reassigned from time to time to new Licensed Users who are replacing former Licensed Users who have ceased to be in your employment or who have otherwise changed job status or function and who no longer need to use the Service as an Licensed User.

    You may use the Service only for your internal business purposes and shall not; (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

  6. Your Responsibilities

    You are responsible for all activity occurring under your Licensed User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall; (i) notify us immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to us immediately and use reasonable efforts to stop immediately any copying or distribution of BookingBooster.com Technology that is known or suspected by you or your Licensed Users; and (iii) not impersonate another BookingBooster.com Individual User or provide false identity information to gain access to or use the Service.

  7. Account Information and Data

    BookingBooster.com does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not BookingBooster.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and we shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), we will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. We reserve the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and we shall have no obligation to maintain or forward any Customer Data.

  8. Intellectual Property Ownership

    BookingBooster.com alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to the BookingBooster.com Technology, the and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the BookingBooster.com Technology or the Intellectual Property Rights owned by BookingBooster.com. The BookingBooster.com name, the BookingBooster.com logo, and the product names associated with the Service are trademarks of BookingBooster.com or third parties, and no right or license is granted to use them.

  9. Third Party Interactions

    During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between you and the applicable third-party. BookingBooster.com and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. We do not endorse any sites on the Internet that are linked through the Service and provide these links to you only as a matter of convenience, and in no event shall we or our licensors be responsible for any content , products, or other materials on or available from such sites. We cannot give any undertaking that products or services you purchase through third party sellers to whose website we have provided a link on our website will be of satisfactory quality and any such warranties are DISCLAIMED by us absolutely.

    You further recognize acknowledge and agree that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different licenses or other terms prior to your use of or access to such software, hardware or services.

    Booking Booster has no connection to your relationship with Agents and will not liable for any changes any Agents make to their terms and conditions vis-à-vis their contractual relationship with you.

  10. Charges and Payment of Fees

    You shall pay all fees or charges to your account in accordance with our fees, charges, and billing terms in effect at the time a fee or charge is due and payable. BookingBooster.com's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. The initial charges will be equal to the current number of total User licenses requested multiplied by the User License fee currently in effect. Payments may be made monthly, consistent with the Initial Term, or as otherwise mutually agreed upon. All payment obligations are non cancellable and all amounts paid are non-refundable. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. You must provide us with valid credit card or approved purchase order information as a condition to signing up for the Service. An authorized License Administrator may add User Licenses by executing an additional written Order Form or using the Online Order Center. Added User Licenses will be subject to the following: (i) they will be coterminous with the pre-existing License Term (either Initial Term or renewal term); (ii) the license fee for the added User Licenses will be the then current, generally applicable license fee; and (iii) User Licenses added in the middle of a billing month will be charged in full for that billing month. BookingBooster.com reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party. We shall be under no obligation to provide the Service to you at an incorrect price if an error has been made in stating the price to you either by e-mail or on the BookingBooster website.

  11. Billing, Renewal and Variations

    BookingBooster.com charges and collects in advance for use of the Service. BookingBooster.com will automatically renew and bill your credit card and issue an invoice to you every month for monthly license.

    You may upgrade your level of Service to a different edition or to add further features at anytime, however, you are not able to downgrade your level of Service or to reduce the number of Licensed Users before the end of the Commitment Period.

    You agree to provide us with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, we reserve the right to terminate your access to the Service with immediate effect in addition to any other legal remedies.

    If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

  12. Non-Payment and Suspension

    In addition to any other rights granted to BookingBooster.com herein, BookingBooster.com reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears).

  13. Termination for Cause

    Any breach of your payment obligations or unauthorized use of the BookingBooster.com Technology or Service will be deemed a material breach of this Agreement. BookingBooster.com, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, BookingBooster.com may terminate a free account at any time in its sole discretion. You agree and acknowledge that BookingBooster.com has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

  14. Representations & Warranties

    Each party represents and warrants that it has the legal power and authority to enter into this Agreement. BookingBooster.com represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online BookingBooster.com help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.

  15. Our Liability

    Our liability in connection with the provision of the Service by us to you through the BookingBooster.com website is strictly limited to the amount of fees or charges paid to us by you for the Service. This does not include or limit in any way, our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation committed by us or any matter in relation to which it would be illegal for us to exclude or attempt to exclude liability.

    We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

  16. Internet Delays, Service Delays and System Errors

    BOOKINGBOOSTER.COM'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. BOOKINGBOOSTER.COM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

    Further, BOOKINGBOOSTER.COM cannot guarantee or be made responsible for any unforeseen errors and/or delays in the provision of rate and availability updates and/or in relation to any other aspect of the Service which are due to circumstances beyond our control such as but not limited to (1) software malfunction (2)errors, malfunction or the non response or rejection by an agents web service (3) the Licensed User entering the wrong information or (4) the Licensed User or the agent changing a username/password used to access the Service without notifying us.

  17. Modification to Terms

    BookingBooster.com reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

  18. Written Communications

    When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

  19. Notices

    All notices given by you to us must be given to BookingBooster.com at our email address. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

  20. Transfer of Rights and Obligations

    The Agreement between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under the Agreement between us, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under the Agreement between us, at any time during the term of this Agreement.

  21. Events outside our Control

    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control ( a "Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    (a) Strikes, lock-outs or other industrial action.
    (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
    (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
    (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    (e) Impossibility of the use of public or private telecommunications networks.
    (f) The acts, decrees, legislation, regulations or restrictions of any government.
    Our performance under the Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.

  22. Waiver

    If we fail, at any time during the term of the Agreement to insist upon strict performance of any of your obligations under the Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of the terms in this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

  23. Severability

    If any of the terms of this Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  24. Entire Agreement

    The terms of this Agreement and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Agreement and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

    We each acknowledge that, in entering into the Agreement neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to the Agreement except as expressly stated in the terms of this Agreement.

    Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the Agreement (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in the terms of this Agreement.

  25. Law and Jurisdiction

    This Agreement for the purchase of Services through the BookingBooster.com website will be governed by English law. Any dispute arising from, or related to this Agreement shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

  26. Definitions

    "Agents" means the various agent websites and web portals you work with and provide your rates and availabiilty to.

    "BookingBooster.com Technology" means any idea, method, invention, discovery, design, business process or method, communication, analysis, drawing, composition, database, writing, computer software, computer data or any other similar item (in any media) used in connection with the BookingBooster.com website application and/or the Service.

    "Commitment Period" means the period which you have committed to receive the Service for in the form of and as specified in the Order Form

    "Initial Term" means the initial term for which you wish to purchase the Service.

    "Intellectual Property Rights" means all patents, topography rights, design rights, trademarks, copyrights, rights in databases and computer data, generic rights and all other intellectual property rights of a similar nature in any part of the world and all applications and rights to apply for the protection of any of the foregoing.

    "License Term" means when taken together the Initial Term and any renewal term.

    "License Administrator" means an individual appointed by you to administer the use of the Service by your Licensed Users.

    "Licensed User" means an individual appointed by you and licensed by us to use the Service.

    "Order Form" means the form completed by you specifying the edition of Service, the number of Licensed Users, and the Initial Term you require and the means of payment you want to use.

    "Online Order Centre" means the area in the BookingBooster.com website where your account is created.

    "Personal Set Up" means the area of the BookinBooster.com website where you can set your individual preferences in relation to your use of the Service.

    "User License" means a license granted to a Licensed User.

Questions or Additional Information:

If you have questions regarding this Agreement or wish to obtain additional information, please contact us