General terms and Conditions

On this page you will find the general terms and conditions for participating charities, version 11 March 2014. Download the pdf.

  • Article 1.
    Definitions
    1. AccommodationEvery hotel, guest house or other accommodation which can be booked through the BookDifferent website.
    2. Terms and ConditionsThese general terms and conditions.
    3. Private WebsiteThe part of the BookDifferent website, which is not generally accessible and is solely accessible for a Charity for the purpose of entering and modifying the Charity-specific data, image materials, references and other Charity-specific information.
    4. ClientEach natural person or legal entity booking an Accommodation via BookDifferent.
    5. BookingThe booking of an Accommodation via BookDifferent.
    6. Contact PersonThe person designated by a Charity to represent that Charity for the purpose of Participation and whose contact information is outlined in the application for Participation.
    7. ParticipationOn-line fund raising by a Charity via the BookDifferent website, pursuant to these Terms and Conditions.
    8. DonationThe amount equal to 10 percent (10%) of the commission that BookDifferent has actually received for a Booking or any higher amount as determined by BookDifferent on a case by case basis.
    9. CharityAny legal entity that meets the criteria of Article 3 of these Terms and Conditions.
    10. ExclusionThe decision of BookDifferent to exclude a Charity from receiving Donations pursuant to Article 9.3 and the removal of the Charity from the website.
  • Article 2.
    Scope
    1. These General Terms and Conditions apply to the Participation of each Charity to which BookDifferent may transfer any Donation. These General Terms and Conditions cannot be waived or deviated from, except by written agreement between BookDifferent and the Charity.
  • Article 3.
    Conditions for Participation
    1. Charities are eligible to receive Donations if they meet all criteria of this Article 3.
    2. Unless otherwise agreed in writing between BookDifferent and a Charity, the Charity must be registered in an accredited registration for Charities in the country where the legal entity responsible for the management of the Organisation, has its principle place of business. Such registration shall at least confirm that the Charity is allowed to raise funds from the public for charitable, cultural, scientific or other purposes that are beneficial to the public. To fall under the definition of fundraising, the monies so received should be ceded voluntarily and free from claims for care or aid.
    3. Charities shall refrain from discriminative acts, incitement to hatred or violence, or being directly or indirectly involved in illegal practices, including any practices or activities that are punishable under any European, national federal and/or state law provisions.
  • Article 4.
    Fundraising
    1. BookDifferent offers Charities the opportunity to receive Donations via Bookings, without services, goods or favours by the Charity being due in return.
    2. The Client will indicate the Charity to which the Donation shall be designated at the time of the Booking or, after being notified, any time thereafter. The choice for the Charity shall be at the Client's sole discretion, unless:
      1. A Charity is Excluded pursuant to Article 9.3 hereof; or
      2. The Client fails to elect a Charity, in which case BookDifferent is entitled to distribute the Donation pursuant to Article 11 hereof.
  • Article 5.
    Registration and Commencement of Participation
    1. Charities may submit to BookDifferent an application for Participation. Applications should be submitted by the Contact Person, who by submission declares him/herself to be the authorised Contact Person for the Charity for the purpose of the Participation.
    2. BookDifferent may in its absolute discretion, for any reasons whatsoever, refuse the registration of any Charity and will have no obligation or liability to any applicant Charity for which the application was being made, or to any third party, for any damages, losses or other consequences, whether arising directly or indirectly from such refusal.
    3. BookDifferent may on its own initiative approach any Charity for Participation.
    4. Participation shall be effectuated after BookDifferent's acceptance and authorization of the registration. From the effective date of Participation Donations can be appropriated to the Charity.
  • Article 6.
    Specific responsibilities of the Charity
    1. Each Charity is self-responsible for the accuracy, completeness and reliability of its data, image materials, references and other information entered in the Private Website and to keep such information up-to-date at all times.
    2. It is the sole responsibility and liability of the Charity to hold any and all registrations and permits referred to in Article 3.2 and/or mandatory under its national and local law and regulation, and to maintain such registrations and permits in full force and effect during its Participation. Proof of registration and permits will be provided to BookDifferent at request, prior to activating the Charity's Participation. In addition, it is the sole responsibility and liability of each Charity to ensure that it is entitled to receive Donations under its national law and regulations.
  • Article 7.
    Transfer of Donations
    1. The Charity is entitled to Donations designated to it, when and to the extent the commission for the corresponding Booking is transferred into the BookDifferent bank account. The Donation will be calculated based on the actual received commission, which amount may deviate from any previously amount published on the BookDifferent website or communicated to the Charity.
    2. BookDifferent shall undertake reasonable efforts to establish that the commission over each Booking shall be transferred into the BookDifferent bank account, within two months after the Client has checked out from the Accommodation.
    3. Without prejudice to any of BookDifferent's rights to withhold or delay payment under these General Terms and Conditions, Donations shall be transferred twice yearly in June and December into the account of Charities based on Donations designated to them. Payments shall be made by bank transfer or via Paypal or Skrill, or any other means as agreed between the Charity and BookDifferent.
  • Article 8.
    Communication and accountability
    1. Communication with the Charity shall be via the Contact Person, preferably by means of e-mail. The Charity is entitled to replace the Contact Person, provided that BookDifferent is promptly informed of the name and contact information of the successor Contact Person.
    2. Parties shall inform and keep each other informed on all matters that (may) in any way affect the continuation or termination of the Charity's Participation.
    3. Charities shall have access to up-to-date information of the cumulated amounts donated to them, through their Private Website. In addition BookDifferent shall publish an oversight of the most recent Donations on its website, irrespective of the Charities concerned.
    4. A Charity may inspect the BookDifferent financial records to the extent related to Donations designated and paid to such Charity, on request. Any such inspections shall be without prejudice to applicable privacy law and regulations.
    5. BookDifferent shall publish its annual financial reports approved by the BookDifferent board on its website.
  • Article 9.
    Termination and Exclusion
    1. The Charity may terminate its Participation at any time with immediate effect, upon written notification to BookDifferent. Written notification includes e-mail notification by the Contact Person.
    2. BookDifferent may terminate the Agreement with a Charity upon 30 days' notice by email to the Contact Person in the event:
      1. the Charity fails to comply with any of its obligations under the Terms and Conditions;
      2. the Charity ceases its charitable fund-raising activities, or
      3. Pursuant to Article 9.3 sub b or c, provided BookDifferent in its sole discretion refrains from effecting Article 9.3.
    3. BookDifferent may Exclude a Charity with immediate effect, at any time, in the event:
      1. the Charity becomes or is declared insolvent, a petition in bankruptcy has been filed against it or the Charity is dissolved;
      2. the Charity no longer meets the requirements of Article 3 of these Terms and Conditions, or
      3. the reputation of the Charity falls into discredit.
    4. BookDifferent will provide the Charity with advanced notice regarding an intended Exclusion including the reasons therefore, unless BookDifferent, acting reasonably, determines that the circumstances justify immediate Exclusion, in which case the Charity shall be notified promptly after effecting the Exclusion.
  • Article 10.
    Consequences of Termination and Exclusion
    1. Upon termination of the Charity's Participation pursuant to Article 9.2, the name and information of the Charity shall be deactivated and removed from the website.
    2. After termination of the Charity's participation under Article 9.2, BookDifferent shall transfer any Donations designated to the Charity until the date of termination, in the Charities account.
    3. In case of Exclusion, the Charity's Participation shall automatically be terminated at the same date, without further liability of BookDifferent to the Charity whatsoever.
    4. In case of Exclusion BookDifferent shall immediately stop transferring Donations to the respective Charity and may, in case of Exclusion pursuant to Article 9.3 sub b at its sole discretion recover already-paid Donations resulted from Bookings after the date that the Charity stopped meeting the requirements of Article 3 of these Terms and Conditions. Any Donations assigned but not yet paid to the Charity shall be distributed between one or more of the other Charities pursuant to Article 11 hereof.
    5. Upon termination of Participation or in case of Exclusion of a Charity, BookDifferent is entitled to inform potential Clients of such termination of Participation, without detailing the reasons for such termination.
  • Article 11.
    Allocation of non-allocated Donations
    1. At least after the ending of the financial year, Donations that have not been allocated to one of the participating Charities, will be allocated to one or more participating charities as determined by BookDifferent.
  • Article 12.
    Warranty, Liability and Indemnification
    1. BookDifferent makes no warranty, either express or implied, that a Charity's Participation will result in any Donation to such Charity at any time or in any frequency.
    2. BookDifferent shall not be liable be in default of its obligations if such default is the result of war, hostilities, terrorist activity, revolution, civil commotion, strike, and epidemic or because of any other cause beyond the reasonable control of BookDifferent.
    3. BookDifferent's liability shall at all times be limited to
      1. direct damage caused by material breach of its obligations under this General Conditions or related contracts between Charity and BookDifferent, its negligence and/or wilful or intentional wrongdoing ("Default") and
      2. the total amount of Donations paid to the Charity during six months prior to the Default.
    4. In no event shall BookDifferent be liable for special, incidental or consequential damages arising in relation to or as a result of Charity's Participation or any fundraising activities via the BookDifferent website (or termination thereof), including, but not limited to, loss of prospective profits or on account of expenses, investments, or commitments in connection with the business or goodwill or otherwise.
  • Article 13.
    Amendments
    1. BookDifferent reserves the right to amend these Terms and Conditions. The Charity's Contact Person will be notified of any amendments by e-mail.
  • Article 14.
    Use of name and logo
    1. BookDifferent is entitled to publish the logo of the Charity on its website for the sole purpose of identifying the Charity and will not use the same for any other purpose without the prior consent of the Charity.
    2. Each Charity is entitled to publish on its website and advertising or promotional materials, the name and logo of BookDifferent for the sole purpose of transparency regarding the fund-raising activities. Charities will not use the name and logo of BookDifferent for any other purposes without the prior consent of BookDifferent.
  • Article 15.
    Law and Venue
    1. To the maximum extent permitted by law, these Terms and Conditions and any agreements, or services resulting from or relating to Participation, including the Donation shall be governed by and construed in accordance with the laws of The Netherlands.
    2. Any dispute arising out of or related to these Terms and Conditions, agreements or services shall exclusively be submitted to the competent courts in Amsterdam, The Netherlands.
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