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Version 2.0, September 2015
These Content Guidelines govern the content contributed by owners, property managers, guests and other users of myBookingPal’s website(s), apps or other platforms (each a “User”). myBookingPal reserves the right to remove any content that does not meet these Content Guidelines. Guest reviews, owner or property manager responses and any other content submitted by a User reflect only the subjective opinions of the User who posts the content and do not constitute the opinions of myBookingPal. myBookingPal does not endorse any content. myBookingPal has no independent knowledge of and therefore expresses no opinion regarding the accuracy of the content provided by Users. Capitalized terms not defined in these Content Guidelines shall have the meanings set forth in myBookingPal, Inc.’s General Terms and Conditions.
No User of the myBookingPal Platform may contribute content (including, but not limited to property listings, reviews and responses) that violates the following guidelines:
· The content must be directly related to its purpose. Examples include:
o Property descriptions related to the applicable property, including information that would be useful to a guest or prospective guest; and
o Property reviews related to a guest’s experience renting the property, which will typically focus on the stay but may address other factors relating to the rental process such as inquiries or bookings.
· Content posted in a forum must be relevant to the purpose of the forum and its discussion.
· The content must not infringe or misappropriate anyone’s rights, violate the law or otherwise be inappropriate. Examples include:
o Personal information that can be used to identify or contact any person;
o Promotional content that promotes other websites, businesses, services or products unaffiliated with the myBookingPal; and
o Content that is obscene, abusive, discriminatory or illegal.
· Property reviews and responses to review should not disclose the physical location of the property or the rates charged by the owner or property manager.
· Listings and reviews should be objective and accurate.
· Users who post content must have, and represent and warrant to myBookingPal that they do have, all legal rights to post the content.
· Users cannot post a review or a response to a review for the purpose of trying to force an owner or property manager or guest to do something that the User wants him or her to do. The reviews are for the benefit of future travelers, not to allow one party to threaten the other.
To review a property, a User must meet the following requirements:
· The User must be able to provide evidence that he or she stayed at the property displayed on the listing (which must be the same property being reviewed).
· The User must validate his or her identity or email as requested when submitting the review. A review may be written by any member of the rental party.
· Only one member of the rental party for any one stay at a property may write a review.
· The User may not own or manage the property.
· The review must be submitted within one year of the date of stay.
Users may contact myBookingPal at support@mybookingpal.com if they wish to update or remove their review. Please note that myBookingPal can only send Users a link to update the review or myBookingPal can remove it so that a new review can be resubmitted. myBookingPal is not able to make changes (such as editing words or changing the star rating) on a User’s behalf.
Please note that the content of a review could subject a User to liability if a person or business feels it is defamatory or damages its reputation.
In the event of legal action pertaining to User contributed content, myBookingPal will remove the content, provided that appropriate documentation is provided. Content removed by myBookingPal may be restored if the matter is resolved against the complaining party. Users should Contact myBookingPal at support@mybookingpal.com if they have commenced such a legal action and want to request that myBookingPal remove the User contributed content.
If Users see a review or response that does not conform to the above Content Guidelines, Users should contact myBookingPal at support@mybookingpal.com. myBookingPal will investigate reported abuse and immediately remove reviews or responses that myBookingPal finds are in violation of these Content Guidelines.
These Content Guidelines may be amended by myBookingPal without notice and were last amended on September 17, 2015.
TRAVEL AGENT TERMS AND CONDTIONS
1. WHAT THESE TERMS COVER
1.1. These Travel Agent Terms (TAT Terms) set out the terms of the contract entered into between: (a) the entity identified in your online application to register as an approved travel agent of ours (you/your), details of which are set out in the online account created by and for you upon registration (Online Account) and (b) BookingPal, Inc. a Delaware Corporation located at 18101 Von Karman Ave, Suite 400, Irvine, CA 92612.
1.2. The contract shall commence on the date you receive approved travel agent (TAT) status from us and shall continue unless and until terminated by either party in accordance with these TAT Terms.
1.3. These TAT Terms shall govern: (a) your use of our booking platform which is accessible either via the internet at www.Bookingpal.com or via the Sabre Red Workspace or Amadeus Smart Tab agency booking platform (the Site); (b) how you may make property rental Bookings via the Site on behalf of your customers; (c) how we will pay you Commission on those Bookings; and (d) other aspects of the contract between you and us.
2. INTERPRETATION
In these TAT Terms capitalized terms shall have the meanings defined in bold and brackets throughout the document and the following rules of interpretation shall apply:
2.1. Any reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
2.2. Any reference to writing or written includes email.
2.3. Any reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to what most nearly approximates to the English legal term in that jurisdiction.
2.4. Any reference to a document is a reference to that document as varied (in each case, other than in breach of the provisions of this contract) at any time.
2.5. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
3. BOOKINGS
3.1. We shall provide access to the Site via the internet and/or via the Sabre Red Workspace, Amadeus Smart Tabs agency booking platform. The Site contains a global listing of professionally managed properties for rent with real time availability information, and allows you to make property rental bookings of such properties behalf of your customers directly with the property management companies (Booking(s)). Each Booking shall constitute a contract directly between: (a) your customer, on whose behalf you are making the Booking (Customer) and (b) the property management company that manages, and is authorized to manage the rental of, the relevant property on behalf of the property owner (Property Manager). Full details of the Customer and Property Manager shall be specified in the Booking Form you submit via the Site to make the Booking, and also in the property voucher and booking confirmation we email to you when the Booking is made (Property Voucher). By making a Booking on behalf of your Customer you are acting as an authorized agent of your Customer. Accordingly, you are responsible for obtaining your Customer’s authority to use their details in order to make Bookings and submit payment for those Bookings on their behalf, and for ensuring the accuracy of those details.
3.2. Each Booking shall be governed by the provisions of: (a) our standard Customer Terms which are set out on the Site (Customer Terms) and (b) the conditions of the relevant Property Manager which are set out in the Booking Form you complete and in the Property Voucher (Property Manager Terms).
3.3. You shall be responsible for making the Customer aware of the Customer Terms and Property Manager Terms and agree to use all reasonable endeavors to ensure your Customer complies with the Customer Terms and Property Manager Terms relating to each Booking.
3.4. The property rating specified in each Property Listing is prepared by the Property Manager on the basis of the ratings guidance published on our Site (Ratings Guidance). We require the Property Manager to ensure that the Property Listing includes a rating that accords with our Ratings Guidance and also that all information and photographs of the property on the Site or on the ‘Show Me’ application are both accurate and reasonably up to date. However we do not visit the properties ourselves or perform any other checks to verify the accuracy of any ratings or other property details on the Site or Show Me application, and therefore cannot be held liable for any misleading or inaccurate information unless that misleading or inaccurate information is a result of our fault or an issue with our Site or with the Show Me application. Any comments or complaints about the accuracy of any rating, information or photographs that are attributed to a particular property listing on the Site or Show Me application (Property Listing) should be directed to the relevant Property Manager and also notified to us as soon as possible.
3.5. If you or your Customer wishes to cancel a Booking such cancellation must be made in accordance with the cancellation provisions that are set out in the Property Listing and Property Voucher using the cancellation facility on the Site and/or by giving written notice to us. The Property Listing/ Property Voucher will specify the circumstances in which we will be liable to refund any monies paid in respect of the Booking being cancelled, and/or whether any additional cancellation fee is payable. Any refunds owed as a consequence of a cancellation will be issued to you within 45 days of the date we receive your cancellation notice by a credit to the same method of payment used at the time of the original Booking.
4. COMMISSION
4.1. References in this clause 4 to Bookings which are “Non-cancellable” means Bookings which the Customer is not, or is no longer, entitled to cancel without forfeiting payment of the whole of the Price for the Booking, in accordance with the Property Manager Terms applicable to that Booking (Non-cancellable).
4.2. We shall pay a commission to you on all Non-cancellable Bookings at the rate specified in your Online Account from time to time, save where this rate conflicts with any minimum or maximum Commission restrictions specified by the Property Manager of the relevant property as stated in the applicable Property Listing in which case we will pay your Commission at a rate which accords with the Property Manager’s specified commission restrictions (Commission). You may amend your selected rate of Travel Agent Commission at any time via your Online Account. The rate of Commission we will pay in relation to each Booking will be the rate specified in your Online Account at the date of the Booking.
4.3. The rental costs for each Property Listing and Booking which are displayed on the Site (Price) will (whilst you are logged on via your Online Account) be automatically adjusted to include your selected rate of Commission.
4.4. We will keep a statement of all Commission due to you and pay the Commission on the 15th of each month in respect of the immediately preceding calendar month by electronic transfer to the payment details specified in your Online Account, provided that the aggregate commission payment owed equates to more than $150, failing which such payment will be held until and added to the next monthly payment due. If you dispute the accuracy of any Commission calculations or payments then you must provide us with full details of the basis for this dispute not less than 30 days after you receive payment of the Commission.
5. OUR OBLIGATIONS
5.1. We will use reasonable endeavors to facilitate the conclusion of any Booking you wish to make on behalf of your Customer with the relevant Property Manager in accordance with the Customer Terms and the Property Manager Terms.
5.2. We cannot guarantee the availability of the Site or that it will be in any way fault free. We will offer support in relation to any issues encountered with the Site or any Bookings via a 24-hour telephone helpline, details of which are available on the Site.
5.3. We will keep all monies which we receive in relation to Bookings in a trust account with our bank before such monies are paid to the Property Manager for the relevant Booking (after deducting our mark up and fees relating to the relevant Booking, in accordance with our agreement with the Property Manager).
6. OTHER IMPORTANT TERMS
6.1. Each party shall comply with all applicable laws, statutes, regulations and codes relating to their performance of this contract.
6.2. You shall retain all memberships and accreditations referred to in support of your registration application for TAT status for the duration of the contract between us and you.
6.3. You shall share with us any material feedback or complaints you receive from your Customers in relation to any Bookings and shall use reasonable endeavors to assist Customers with the resolution of any disputes with us or any Property Manager. You shall do whatever we reasonably require of you to assist in the resolution of Customer dissatisfaction.
6.4. Where the Customer wishes to make a change to any Booking, you shall deal with such request on behalf of the Customer by lodging a change enquiry with the Property Manger via the Site. Any change requests shall be dealt with on a case by case basis and shall be subject to the discretion of the Property Manager who is not obliged to agree to any change to a Booking.
6.5. You shall indemnify us in respect of any and all reasonable costs, losses, expenses, liabilities and claims which arise out of or in connection with any breach by you of these TAT Terms.
6.6. You acknowledge that you have no right to use the Site or its content other than in accordance with these TAT Terms and for the purpose of making and managing Bookings and managing your Online Account. The intellectual property rights in relation to any material on the Site will remain the property of us or our licensors. We grant to you a non-exclusive, nontransferable, limited license to use such material and access the Site and solely for the purposes designated in these TAT Terms.
6.7. You shall not: (a) attempt to decompile, reverse engineer or hack any website or computer network we use in connection with the Site or to defeat or overcome any encryption or other technical protection methods implemented with respect to any such website or network or any data processed or stored by us in connection with the Site. (b) use any automatic or manual device or process nor take any steps to interfere with or in any manner compromise any security measures or the proper working of any website or computer network we use in connection with the Site; (c) collect any information or communication about us or our users by monitoring, interdicting or intercepting any Bookings; or (d) introduce any virus, worm, Trojan horse or other similar thing or device that may prevent, impair or otherwise adversely affect the operation of any computer software, hardware, network, telecommunications service, programmed or data or user experience in relation to the Site or any website or computer network we use in connection with the Site.
7. DATA PROTECTION
7.1. Each party shall comply with its obligations under any applicable data protection law.
7.2. Where one party to this contract provides the other party with data of a personal or sensitive nature about individuals who are resident within the EEA (the DATA Exporter), and the other party intends to process that data outside of the EEA, (the DATA Importer), then the DATA Importer shall comply with those provisions in the EU model clauses that are set out in the Appendix to these TAT Terms which relate to the DATA Importer (as such term is defined in the Appendix.
8. OUR LIABILITY TO YOU
8.1. Nothing in these TAT Terms shall be construed as limiting in any way our liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or (d) any other liability which cannot be excluded by applicable law.
8.2. Subject to paragraph 8.1, all warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to satisfactory quality and fitness for purpose) are hereby excluded to the fullest extent permitted by law and no warranty is made that the Site will operate uninterrupted or error free.
8.3. Subject to paragraph 8.1, we shall not be liable to you, whether in contract or tort (including negligence or breach of statutory duty), misrepresentation or however arising, for any pure economic loss, loss of profit, loss of business revenue, goodwill or anticipated contracts, or for any other indirect or consequential losses.
8.4. Subject to paragraphs 8.1, our total liability (whether in contract, tort or otherwise) under or in connection with these Customer Terms shall in no circumstances exceed a sum equal to 125% of the aggregate value of any Commission we have paid or are liable to pay to you in the 12 month period preceding the date when the cause of action arose.
9. TERMINATION
9.1. Without affecting any other rights or remedies to which it may be entitled, either party may give notice in writing to the other terminating this contract immediately for any reason, provided that such termination shall not take effect in relation to any Bookings that are current at the date of termination until both parties’ obligations in under the contract respect of such Booking(s) are satisfied.
9.2. Clause 3.5 deals with the cost consequences of terminating any Booking.
9.3. Any provision of this contract that expressly or by implication is intended to come into or continue in force on or after termination of this contract shall remain in full force and effect.
9.4. Termination of this contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the contract which existed at or before the date of termination or expiry.
9.5. Upon termination of this contract you shall immediately cease using your Online Account and the Site except to the extent required to allow you to perform your obligations in relation to any outstanding Booking that was current at the date of termination.
10. CONFIDENTIALITY
10.1. In this clause 10, “Confidential Information” means all information of a confidential nature disclosed (whether in writing, orally or by another means and whether directly or indirectly) by one party (Disclosing Party) to the other party (Receiving Party) whether before or after the date of this contract including, without limitation, information relating to the Disclosing Party's pricing, products, operations, processes, plans or intentions, product information, know-how, design rights, trade secrets, market opportunities and business affairs (Confidential Information).
10.2. Each party undertakes that it shall not at any time disclose to any person any Confidential Information, except as provided by clause 10.3.
10.3. Each party may disclose the other party's Confidential Information: (a) to those of its employees, officers, representatives, advisers or subcontractors who need to know such information for the purpose of carrying out the party's obligations under this contract (Recipient). Each party shall ensure that each Recipient complies with this clause 10; and (b) as may be required by law, court order or any governmental or regulatory authority.
10.4. Before disclosure of Confidential Information to a Recipient, the Receiving Party shall ensure that the Recipient executes a confidentiality agreement in a form approved by the Disclosing Party. The Receiving Party shall ensure that the Recipient at all times complies with the confidentiality agreement.
10.5. Clause 10.2, clause 10.3 and clause 10.4 do not apply to Confidential Information which: (a) is in the public domain other than through breach of this contract by the Receiving Party or a Recipient; (b) can be shown by the Receiving Party to the Disclosing Party's reasonable satisfaction to have been known by the Receiving Party before disclosure by the Disclosing Party to the Receiving Party; or (c) subsequently comes lawfully into the possession of the Receiving Party from another.
10.6. No party shall use any other party's Confidential Information for any purpose other than to perform its obligations under this contract.
10.7. Each party shall have in place industry-standard policies, procedures, training programs and draft confidentiality agreements so as to ensure that its employees are able to identify and label Confidential Information disclosed by the other party and deal with it in accordance with the obligations imposed under this clause 10. Each party will upon reasonable written notice disclose to the other on a regular basis details of its policies, procedures and standard documents relating to confidentiality.
11. FORCE MAJEURE
11.1. “Force Majeure Event” means any circumstance not within a party's reasonable control including, without limitation: (a) acts of God, flood, storm, drought, earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition; (f) collapse of buildings, breakdown of plant or machinery, fire, explosion or accident; (g) any labor or trade dispute, difficulty or increased expense in obtaining workers, materials or transport, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause or its Property Managers or companies in the same Group as that party); and (h) interruption or failure of utility service (Force Majeure Event).
11.2. Provided it has complied with clause 11.4, if a party is prevented, hindered or delayed in or from performing any of its obligations under this contract by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of this contract or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
11.3. The corresponding obligations of the other party will be suspended, and its time for performance of such obligations extended, to the same extent as those of the Affected Party.
11.4. The Affected Party shall: (a) as soon as reasonably practicable after the start of the Force Majeure Event but no later than 14 days from its start, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the contract; (b) use all reasonable endeavors to mitigate the effect of the Force Majeure Event on the performance of its obligations; and (c) as soon as reasonably possible after the end of the Force Majeure Event, notify the other party that the Force Majeure Event has ended and resume performance of its obligations under this contract.
12. ENTIRE AGREEMENT
12.1. This contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
12.2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this contract.
13. VARIATION We shall be entitled to make variations to these TAT Terms (and therefore to the terms of the contract between you and us) at any time by giving you not less than 30 days written notice and your continued use of the Site after that 30 day notice period shall be deemed as evidence of your agreement to any such variations. No other amendments or variations of the contract between you and us shall be effective unless it is agreed in writing by an authorized representative of each party.
14. ASSIGNMENT AND OTHER DEALINGS
14.1. This contract is personal to the parties and neither party shall assign, transfer, mortgage, charge, declare a trust over or deal in any other manner with any of its rights and obligations under this contract save as permitted in this clause 14.
14.2. Either party may, after having given prior written notice to the other party, assign and transfer all of its rights and obligations under this contract to any person to which it transfers that part of its business to which this contract relates, provided that the assignee undertakes in writing to the other party to be bound by the obligations of the assignor under this contract.
14.3. Either party may subcontract or delegate in any manner any or all of its obligations under this contract to any third party, provided that it seeks the other party’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed.
15. FREEDOM TO CONTRACT The parties declare that they each have the right, power and authority and have taken all action necessary to execute and deliver and to exercise their rights and perform their obligations under this contract.
16. WAIVER No failure or delay by a party to exercise any right or remedy provided under this contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
17. SEVERANCE
17.1. If any provision or part-provision of this contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of this contract.
17.2. If one party gives notice to the other of the possibility that any provision or part-provision of this contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
18. NOTICES
18.1. Your Online Account will include reference to a unique TAT number which must be quoted in all communications you have with us and may only be, trading as BookingPal used by you, and you must not disclose it to any third party nor allow anybody else to use it. 1
18.2. Any notice given to a party under or in connection with this contract shall be in writing and shall be: (a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or (b) sent by email to the most recent email address notified or used by the other party.
18.3. Any notice under clause 18.1 above shall be deemed to have been received: (a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; (b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second day after posting or at the time recorded by the delivery service; and (c) if sent by email, at 9.00 am on the next day after transmission.
18.4. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
19. THIRD PARTY RIGHTS A person who is not a party to this contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract.
20. NO PARTNERSHIP OR AGENCY
20.1. Nothing in this contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorize any party to make or enter into any commitments for or on behalf of any other party.
20.2. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
21. GOVERNING LAW This contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of state of California.
22. JURISDICTION Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract or its subject matter or formation (including non-contractual disputes or claims
APPENDIX
You and we have agreed on the following clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the other party (the data importer) of the personal data provided by the data exporter to the data importer pursuant to the TAT Terms.
Clause 1 - Definitions For the purposes of this Appendix:
(a) ‘personal data’, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority’ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data; (b) ‘the data exporter’ means the controller who transfers the personal data;
(c) ‘the data importer’ means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;
(d) ‘the sub-processor’ means any processor engaged by the data importer or by any other sub-processor of the data importer who agrees to receive from the data importer or from any other sub-processor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;
(e) ‘the applicable data protection law’ means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;
(f) ‘technical and organizational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
Clause 2 - Details of the transfer The details of the transfer and in particular the special categories of personal data where applicable shall be agreed between the parties from time to time, which forms an integral part of the Clauses.
Clause 3 - Third-party beneficiary clause
1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.
2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.
3. The data subject can enforce against the sub-processor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses.
4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.
Clause 4 - Obligations of the data exporter The data exporter agrees and warrants:
(a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;
(b) that it has instructed and throughout the duration of the personal data processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses;
(c) that the data importer will provide sufficient guarantees in respect of any reasonable technical and organizational security measures specified in writing by the data exporter;
(d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;
(e) that it will ensure compliance with the security measures;
(f) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;
(g) to forward any notification received from the data importer or any sub processor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;
(h) to make available to the data subjects upon request a copy of the Clauses, and a summary description of any security measures imposed by the data exporter pursuant to these Clauses, as well as a copy of any contract for sub-processing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;
(i) that, in the event of sub-processing, the processing activity is carried out in accordance with Clause 11 by a sub-processor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and (j) that it will ensure compliance with Clause 4(a) to (i).
Clause 5 - Obligations of the data importer The data importer agrees and warrants:
(a) to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
(b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
(c) that it has implemented any reasonable technical and organizational security measures specified in in writing by the data exporter before processing the personal data transferred;
(d) that it will promptly notify the data exporter about: (i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation; (ii) any accidental or unauthorized access; and (iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorized to do so;
(e) to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;
(f) at the request of the data exporter to submit its data-processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;
(g) to make available to the data subject upon request a copy of the Clauses, or any existing contract for sub-processing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information;
(h) that, in the event of sub-processing, it has previously informed the data exporter and obtained its prior written consent;
(i) that the processing services by the sub-processor will be carried out in accordance with Clause 11;
(j) to send promptly a copy of any sub-processor agreement it concludes under the Clauses to the data exporter.
Clause 6 - Liability
1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or sub-processor is entitled to receive compensation from the data exporter for the damage suffered.
2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his sub-processor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity. The data importer may not rely on a breach by a sub-processor of its obligations in order to avoid its own liabilities.
3. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by processor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the sub-processor agrees that the data subject may issue a claim against the data sub-processor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the sub-processor shall be limited to its own processing operations under the Clauses.
Clause 7 - Mediation and jurisdiction
1.The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject: (a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority; (b) to refer the dispute to the courts in the Member State in which the data exporter is established.
2. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.
Clause 8 - Cooperation with supervisory authorities
1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.
2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any sub-processor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.
3.The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any sub-processor preventing the conduct of an audit of the data importer, or any sub-processor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5(b).
Clause 9 - Governing law [Deliberately left blank]
Clause 10 - Variation of the contract The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.
Clause 11 - Sub-processing
1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the sub-processor which imposes the same obligations on the sub-processor as are imposed on the data importer under the Clauses. Where the sub-processor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the sub-processor’s obligations under such agreement.
2. The prior written contract between the data importer and the sub-processor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses.
3. The provisions relating to data protection aspects for sub-processing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established. This requirement may be satisfied by the sub-processor co-signing the contract entered into between the data exporter and the data importer under this Decision.
4. The data exporter shall keep a list of sub-processing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5(j), which shall be updated at least once a year. The list shall be available to the data exporter’s data protection supervisory authority.
Clause 12 - Obligation after the termination of personal data-processing services
1. The parties agree that on the termination of the provision of data-processing services, the data importer and the sub-processor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore.
2. The data importer and the sub-processor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data-processing facilities for an audit of the measures referred to in paragraph 1.
Effective May 25, 2018
This Privacy Policy is meant to help you understand what information we collect, why we collect it, and how you can update, manage, and delete your information.
We are a cloud-based B2B software platform that enables vacation rental owners and managers to
generate more online bookings and reduce their cost of operations through our suite of technology
solutions and services.
Our services include:
If you have any questions about this Privacy Policy, you can contact us at support@bookingpal.com.
When you create a BookingPal Account, you provide us with personal information that includes your name, email address, postal address, phone number, and a password. You can also choose to add a bank account, or other payment information, to your account.
We also collect the content you create and transfer to our platform from your Property Management Software (PMS) platform or upload directly into our platform, as well as the content you receive when using our services. This includes things like property content information (e.g. photos, descriptions) and rates & availability calendars, or guest information such as name, email, phone number, and credit card information.
We collect information about your activity in our platform. We use various technologies to collect and store information, including cookies, pixel tags, local storage, such as browser web storage or application data caches, databases, and server logs.
We use the information we collect from all our services for the following purposes:
Provide our services
We use your information to deliver our services, like distributing your property content to online booking sites, or processing reservations and payments.
Maintain & improve our services
We also use your information to ensure our services are working as intended, such as tracking outages or troubleshooting issues that you report to us. And we use your information to make improvements to our services — for example, improving the performance of our connections to channel partners.
Develop new services
We use the information we collect in existing services to help us develop new ones. For example, analyzing the quality of the content you provide to us has led to the development of our myOptimize report, which highlights how to improve your listing quality and drive more bookings.
Communicate with you
We use information we collect, like your email address, to interact with you directly. For example, we may send you a notification to let you know about upcoming changes or improvements to our services. And if you contact BookingPal, we’ll keep a record of your request to help solve any issues you might be facing.
Protect BookingPal, our customers, and the guests
We use information to help improve the safety and reliability of our services. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm BookingPal, our users, or guests.
We’ll ask for your consent before using your information for a purpose that isn’t covered in this Privacy Policy.
This section describes key controls for managing your privacy across our services.
Go to the BookingPal Online Portal
Your personal information
Manage your contact information, such as your name, email, phone number, and bank information.
Your property content information
Manage the property content information, such as photos, descriptions, and amenities.
or
Go to the Property Management Software (PMS)
Manage the property content information, such as photos, descriptions, rates & availability calendars.
Remember, when you share information with BookingPal, your property content information will become accessible through online booking sites.
We do not share your personal information with companies, organizations, or individuals outside of BookingPal except in the following cases:
With your consent
We’ll share personal information outside of BookingPal when we have your consent. For example, if you use BookingPal to schedule cleaning services for your property, we’ll get your permission before sharing your address with that service. We’ll ask for your explicit consent to share any sensitive personal information.
For external processing
We provide personal information to our trusted business partners or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures. For example, we use service providers to help us with customer support.
For legal reasons
We will share personal information outside of BookingPal if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to:
We may share non-personally identifiable information publicly and with our partners — like online booking websites or technology development partners. For example, we share information with our partners to show booking trends in the vacation rental market.
If BookingPal is involved in a merger, acquisition, or sale of assets, we’ll continue to ensure the confidentiality of your personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.
The BookingPal platform is built with strong security features that continuously protect your information.
The insights we gain from maintaining our services help us detect and automatically block security threats from ever reaching you. And if we do detect something risky that we think you should know about, we’ll notify you and help guide you through steps to stay better protected.
We work hard to protect you and BookingPal from unauthorized access, alteration, disclosure, or destruction of information we hold, including:
To delete your information, you can (via the BookingPal online portal):
In some cases, we retain data for limited periods when it needs to be kept for legitimate business or legal purposes.
We try to ensure that our services protect information from accidental or malicious deletion. Because of this, there may be delays between when you delete something and when copies are deleted from our active and backup systems.
Data transfers
We maintain servers around the United States and your information may be processed on servers located
outside of the country where you live. Data protection laws vary among countries, with some providing
more protection than others. Regardless of where your information is processed, we apply the same
protections described in this policy.
When we receive formal written complaints, we respond by contacting the person who made the complaint. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of your data that we cannot resolve with you directly.
Changes to this policy
We change this Privacy Policy from time to time. We will not reduce your rights under this Privacy
Policy without your explicit consent. We always indicate the date the last changes were published, and we
offer access to archived versions for your review. If changes are significant, we’ll provide a more
prominent notice (including, for certain services, email notification of Privacy Policy changes).
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