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2021-10-24 08:11:16

Terms & Conditions

Content

Code of Good Practices

Our mission is to make it easier for everyone to experience the world, by offering the world's best places to stay and greatest places and attractions to visit in the most convenient way. In order to achieve this goal, we will live up to the following good practices:

  • We care about you: and therefore offer our customer service in 40+ languages
  • We bring and allow you to experience: 1.5m+ properties from high (high) end to whatever serves your needs for your next stay in a hotel, motel, hostel, B&B, etc. wherever on the planet
  • We bring and allow you to experience attractions and other Trip Providers
  • We can facilitate the payment of any (entrance) fee, purchase or hire of any Trip product and service which uses our payment service
  • We help you (24/7): our customer service centers are here to help you 24-7-365-40+
  • We listen to you: our Platform is the product of what YOU (the users) prefer and find most convenient when using our service
  • We hear you: we show uncensored reviews (of customers who have actually stayed)
  • We promise you an informative, user-friendly Website that guarantees the best available prices
  • We Price Match

Introduction TCs

These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) Website through whatever platform and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

These pages, the content, and infrastructure of these pages and the online reservation services (including the facilitation of payment service) provided by us on these pages and through the Website are subject to such terms and conditions as set out below. The Website is used for your personal, non-commercial (B2C) purpose only. The relationship that we have with the Trip Providers are governed by separate terms and conditions which govern the (B2B) commercial relationship we have with each of these Trip Providers. Each Trip Provider acts in a professional manner vis-à-vis us when making its product and/or service available on or through the Platform (both for its business-to-business ("B2B") and/or business-to-consumer ("B2C") relationship). Note that Trip Providers may have, declare applicable, and/or require (acceptance of) – in addition to the policies and fine print as disclosed on the Platform, their own (delivery/shipping/carriage/usage) terms and conditions and house rules for the use, access, and consummation of the Trip (which may include certain disclaimers and limitations of liability).

1. Definitions

“We”, "us" or "our" means Booking.com Customer Service Center (Shanghai) Co., Ltd. (a limited liability company incorporated under PRC law with its address located at Room 617, No.8 Hua Jing Road, China (Shanghai) Pilot Free Trade Zone) and/or its affiliate Booking.com B.V. (a limited liability company incorporated under the laws of the Netherlands, and having its registered address at Herengracht 597, 1017 CE, Amsterdam, the Netherlands, and registered with the Chamber of Commerce of Amsterdam, and having the registration number of 31047344 and the value added tax registration number of NL805734958B01).

“You” or “your” means you or other users or customers which use services on the Platform.

“Website” means www.booking.cn which is owned, controlled, managed, maintained and/or hosted by Booking.com Customer Service Center (Shanghai) Co., Ltd. to provide travel services.

"Platform" means www.booking.cn and its mobile website which are owned, controlled, managed, maintained, and/or hosted by Booking.com Customer Service Center (Shanghai) Co., Ltd. to provide travel services.

"Trip" means the various different travel products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined, or consummated by you from the Trip Provider.

“Booking.com” means www.booking.com, its mobile website and applications which are owned, controlled, managed, maintained, and/or hosted by Booking.com B.V. to provide travel services.

“PRC” means the People’s Republic of China (for the purpose of these terms and conditions, excluding the Hong Kong Special Administrative Region, the Macau Special Administrative Region and Taiwan Area).

"Trip Provider" means the provider of accommodation (e.g. hotel, motel, apartment, bed & breakfast, landlord), attractions (e.g. (theme) parks, museums, sightseeing tours), transportation provider (e.g. car rentals, cruises, rail, airport rides, coach tours, transfers), tour operators, travel insurances, and any other travel or related product or service (if any) as from time to time available for Trip Reservation on the Platform (whether B2B or B2C).

"Trip Service" means the online purchase, order, (facilitated) payment, or reservation service as offered or enabled by us in respect of various products and services as from time to time made available by Trip Providers on the Platform.

"Trip Reservation" means the order, purchase, payment, booking, or reservation of a Trip.

2. Scope and nature of our Service

Through the Platform, we and our affiliate (distribution) partners provide an online platform through which Trip Providers can advertise, market, sell, promote, and/or offer (as applicable) their products and service for order, purchase, reservation, rent, or hire, and through which relevant visitors of the Platform can discover, search, compare, and make an order, reservation, purchase, or payment for products and services (i.e. the Trip Service). By using or utilising the Trip Service (e.g. by making a Trip Reservation through the Trip Service), you enter into a direct (legally binding) contractual relationship with the Trip Provider in which you make a reservation or purchase a product or service (as applicable). From the point at which you make your Trip Reservation, we act solely as an intermediary between you and the Trip Provider. We transmit the relevant details of your Trip Reservation to the relevant Trip Provider(s) and send you a confirmation email for and on behalf of the Trip Provider. We do not (re)sell, rent out, offer any (travel) product or service.

When rendering our Trip Service, the information that we disclose is based on the information provided to us by Trip Providers. As such, the Trip Providers that market and promote their Trip on the Platform are given access to our systems and extranet through which they are fully responsible for updating all rates/fees/prices, availability, policies & conditions, and other relevant information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Trip Service, we will not verify if, and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade, or maintenance of our Platform or otherwise), inaccurate, misleading, or untrue information, nor non-delivery of information, unless otherwise provided by law. Each Trip Provider remains responsible at all times for the accuracy, completeness, and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions, and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification (or star), rating, or type of accommodation of any Trip Provider (or its facilities, venue, vehicles, (main or ancillary products or services) made available, save as explicitly indicated or set out otherwise.

Our Trip Service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download, or reproduce any content or information, software, reservations, tickets, products, or services available on our Platform for any commercial or competitive activity or purpose.

3. Prices, We Price Match, Genius Programme and offers facilitated by a partner company

The prices as offered by the Trip Providers on our Platform are highly competitive. All prices for your Trip are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently on our Platform or the confirmation email/ticket. Ticket prices are per person or group and subject to validity or expiration as indicated on the ticket, if applicable. Applicable fees and taxes (including tourist/city tax) may be charged by the Trip Provider in the event of a no-show or cancellation.

Sometimes cheaper rates are available on our Platform for a specific stay, product, or service, however, these rates made available by Trip Providers may carry special restrictions and conditions, for example non-cancelable and non-refundable. Please check the relevant product, service, and reservation conditions and details thoroughly for any such conditions prior to making your reservation.

We want you to pay a price as low as possible for your product and service of choice. Should you find your property of choice booked through the Platform, with the same Trip conditions, at a lower rate on the Internet after you have made a reservation through us, we will match the difference between our rate and the lower rate under the terms and conditions of the We Price Match. Our We Price Match promise does not apply to non-accommodations related products and services.

The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.

Unless otherwise provided by law, obvious errors and mistakes (including misprints) are not binding.

All special offers and promotions are marked as such. If they are not labeled as such, you cannot derive any rights in the event of obvious errors or mistakes, unless otherwise provided by law.

Genius programme

The Genius rate is a discounted rate offered by participating properties for certain rooms / accommodation types.

The Genius rate is for members of the Platform Genius programme. The Genius programme is open to anyone that has an account on the Platform. There are no membership fees, and all you need to do to become a member is to create an account on the Platform. The membership and the Genius rates are for that individual member and are non-transferable. Membership can also be linked to specific campaigns or incentives, as occasionally launched or communicated per the Platform’s sole discretion.

The Genius program consists of multiple membership levels based upon the number of reservations made through the Platform, each with different levels of discount on selected properties and / or selected options (https://www.booking.cn/genius.html). Membership levels may vary and may be subject to change, at our sole discretion.

We reserve the right to revoke and cancel the Genius membership of any individual in the event of abuse, such as violation of these terms & conditions and / or use of invalid credit cards. We furthermore reserve the right to revoke and cancel the Genius membership of any individual who engages in inappropriate behavior, such as violence, threat, harassment, discrimination, obscenity, or fraud in relation to us (or our employees and agents) and / or the accommodation provider (or its employees and agents).

The Genius rate cannot be combined or used with other discounts (unless approved by the accommodation or indicated otherwise). We may, at our discretion, (partially) alter, limit, or modify the Genius programme structure or any other feature of the programme (including but not limited to the (status of the) subject Genius level(s)), for any reason, without prior notice.

The Genius membership is linked to your account on the Platform and will not expire or otherwise terminate unless you terminate, close, delete, or otherwise revoke your account. Without notice to you, the Platform also reserves the right to “unregister" or otherwise disable an account that is inactive. An inactive account is defined as an account that has not made a reservation for more than five (5) years. In the event that your account is disabled, you will no longer be eligible for the Genius benefits. You may reactivate your account by making a qualifying reservation using your account on the Platform.

Partner offer

Booking.com may display offers that are not directly sourced from Trip Providers, but are facilitated by a Booking.com partner company, such as another platform (Partner offer). Partner offers will be clearly displayed and distinguished from the regular offers directly sourced from Trip Providers and have the following special conditions, unless mentioned otherwise on our Platform:

  • Price policy: as displayed on our Platform.
  • Pay in advance: You’ll pay securely with Booking.com at the time of the booking.
  • No modifications: Once your booking is completed, any changes to your personal or booking details will not be possible. Requests can be made directly with the property, but are not guaranteed.
  • Cannot combine with other offers: Other promotions, incentives and rewards are not eligible on the booking.
  • No guest review: It’s not possible to leave a guest review on our Platform.

4. Privacy and Cookies

The Platform respects your privacy. Please have a look at the Privacy and Cookies Policy of the Platform for further information.

5. Free of charge for consumers, only Trip Providers pay!

Unless indicated otherwise, our service is free of charge for consumers because, unlike many other parties, we will not charge you for our Trip Service or add any additional (reservation) fees to the rate. You will pay the Trip Provider the relevant amount as indicated in the Trip Reservation (plus—insofar not included in the price—relevant applicable taxes, levies, and fees (if applicable)).

Trip Providers pay a commission (being a small percentage of the product price (e.g. room price)) to us after the end user has consummated the service or product of the Trip Provider (e.g. after the guest has stayed at (and paid) the accommodations). Trip Providers can improve their ranking by increasing their commission (Visibility Booster). The use of the Visibility Booster (by increasing the commission in return for a better position in the ranking) is at each Trip Provider's discretion and may be used from time to time and product to product offered. The algorithm of the ranking will take an increase in commission into account when determining the Default Ranking. Preferred partners pay a higher commission in return for a better position in the ranking.

Only Trip Providers which have a commercial relationship with us (through an agreement) will be made available on Platform (for their B2B and/or B2C promotion of their product). The Platform is not an open platform (like Amazon or eBay) where end users can make their product available (no C2C platform); we do not allow non-professional parties to offer or sell their products on or through the Platform.

6. Credit Card or Bank Transfer

If applicable and available, certain Trip Providers offer the opportunity for Trip Reservations to be paid (wholly or partly and as required under the payment policy of the Trip Provider) to the Trip Provider during the Trip Reservation process, by means of secure online payment (all to the extent offered and supported by your bank). For certain products and services, we facilitate (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Trip Provider (we never act nor operate as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation provider through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Trip Provider will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement (bevrijdende betaling) of such (partial) due and payable price and you cannot reclaim such paid monies, unless otherwise provided by law.

For certain (non-refundable) rates or special offers, please note that Trip Providers may require that payment is made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorised or charged (sometimes without any option for refund) upon making the Trip Reservation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your Trip Reservation. You will not hold us liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Trip Provider and not (re)claim any amount for any valid or authorized charge by the Trip Provider (including for pre-paid rates, no-show, and chargeable cancellation) of your credit card.

In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a reservation made on our Platform, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately. Please provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using our secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.

7. Prepayment, Cancellation, No-shows, and The Fine Print

By making a Trip Reservation with a Trip Provider, you accept and agree to the relevant cancellation and no-show policy of that Trip Provider, and to any additional (delivery) terms and conditions of the Trip Provider that may apply to your Trip (including the fine print of the Trip Provider made available on our Platform and the relevant house rules of the Trip Provider), including for services rendered and/or products offered by the Trip Provider. The relevant (delivery/purchase/use/carrier) terms and conditions of a Trip Provider can be obtained with the relevant Trip Provider. The general cancellation and no-show policy of each Trip Provider is made available on our Platform on the Trip Provider information pages, during the reservation procedure and in the confirmation email or ticket (if applicable). Please note that certain rates, fees, or special offers are not eligible for cancellation, refund, or change. Applicable city/tourist tax may still be charged by the Trip Provider in the event of a no-show or charged cancellation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Please note that a Trip Reservation which requires down payment or (wholly or partly) prepayment may be canceled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Trip Provider and the reservation. Cancellation and prepayment policies may vary per segment, product, or service of each Trip. Please carefully read the fine print (below the Trip types or at the bottom of each Trip Provider page on our Platform) and important information in your reservation confirmation for additional policies as may be applied by the Trip Provider (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards, or insufficient funds are for your own risk and account, and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Trip Provider agrees or allows otherwise under its (pre)payment and cancellation policy or unless otherwise provided by law.

If you wish to review, adjust, or cancel your Trip Reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Trip Provider's cancellation, (pre)payment and no-show policy, or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation, and remember to make further payments on time as may be required for the relevant reservation.

If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Trip Provider so they know when to expect you to avoid cancellation of your Trip (Reservation) or charge of the no-show fee. Our customer service department can help you if needed with informing the Trip Provider. We do not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Trip Provider.

8. (Further) correspondence and communication

By completing a Trip Reservation on the Platform, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third-party offers to the extent that you have actively opted in for this information) relevant to your Trip (Reservation) and destination, (ii) an email after arrival to rate the (experience with your) Trip Provider and the Trip Service, and (iii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. See our privacy and cookies policy for more information about how we may contact you.

We disclaim any liability or responsibility for any communication by or with the Trip Provider on or through its platform. You cannot derive any rights over us from any request to, or communication with the Trip Provider or (any form of) acknowledgement of receipt of any communication or request. We cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed, or accepted by the Trip Provider.

In order to duly complete and secure your Trip Reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address, or inaccurate or wrong (mobile) phone number or credit card number.

Due to the continuous update and adjustments of rates and availability, we strongly suggest to make screenshots when making a reservation to support your position (if needed).

9. Ranking, preferred programme, stars and guest reviews

We aim to display search results that are relevant for you, by providing a personalised default ranking of Trip Providers on our Platform. You can scroll through this default ranking, use filters and sort by alternative ranking orders and thus have the ability to influence the presentation of search results to receive a ranking order based on other criteria. We use multiple algorithms to produce default ranking results, this process is constantly evolving.

We have identified the following parameters to be most closely correlated with you finding a suitable Trip Provider and thus prioritise such parameters in the algorithms (main parameters): your personal search history, the rate of ‘click-through’ from the search page to the hotel page ("CTR"), the number of bookings related to the number of visits to the Trip Provider page on the Platform ("Conversion"), gross (including cancellations) and net (excluding cancellations) bookings of a Trip Provider. Conversion and CTR may be affected by various (stand-alone) factors including review scores (both aggregated scores and components), availability, policies, (competitive) pricing, quality of content and certain features of the Trip Provider. The commission percentage paid by the Trip Provider or other benefits to us (e.g. through commercial arrangements with the Trip Provider or strategic partners) may also impact the default ranking, as well as the Trip Provider’s record on timely payment. The Trip Provider may also influence its ranking by participating in certain programmes - that may be updated from time to time - such as the Genius programme, deals, the Preferred Partner Programme and the visibility booster (the latter two involve the Trip Provider paying a higher commission to us).

Accommodation’s star ratings displayed on the Platform is not determined by us. The accommodation determines their star rating themselves or it is determined by an independent third party provider of (objective) star ratings. Deals are shown on the basis of the number of stars (low to high/high to low) that providers provide to us. Depending on the (local) regulations, the star classifications either are assigned by an (independent) third party, for example an (official) hotel rating organisation or are based on the opinion of the accommodation providers themselves, irrespective of objective criteria. We do not impose formal obligations on star ratings and does not review them. Overall, the star classification is a representation of how the accommodation compares to the legal requirements (if applicable) or, if not regulated, the sector or (customary) industry standards in terms of price, facilities, and available services (these requirements and standards can vary between different countries and organisations).

Only customers who have stayed at the Accommodation will be invited by us to comment on their stay at the relevant accommodations and to provide a score for certain aspects of their stay or may receive a rating request during their stay. The completed guest review (including submitted rating during your stay) may be (a) uploaded onto the relevant Trip Provider's information page on our Platform for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Trip Provider, and (b) (wholly or partly) used and placed by us at our sole discretion (e.g. for marketing, promotion, or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by us and our business partners. In order to offer and maintain recent (and therefore relevant) reviews, reviews can only be submitted within a limited period of time (3 months) after a stay, and each review will only be available for a limited period of time (up to 36 months) after posting. The default ranking of the reviews is shown by date of submission relative to a few additional criteria (such as language, reviews with comments), whereas a review of a customer who (always) submits comprehensive and detailed reviews (aka "Property Scout") may be ranked on top. You have the option to choose various forms of ranking and filter (e.g. by audience, date, language, score). We do allow the Trip Provider to respond to a review. To the extent permitted by law, we reserve the right to adjust, refuse, or remove reviews at our sole discretion insofar as such it violates our applicable laws or our review policy. We do not compensate or otherwise reward a customer for completing a review. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations, or incentives whatsoever. We undertake to use our best efforts to monitor and remove reviews that include obscenities or the mention of an individual’s name, or references to stolen goods.

We will not accept reviews which include:

  • Profanity, sexually explicit, hate speech, discriminatory, threats, violence
  • Mention of full names, personal attack towards the staff
  • Promoting illegal activities (e.g. drugs, prostitution)
  • Sites, emails and addresses, phone numbers, cc details
  • Politically sensitive comments
  • Other contents in violation of applicable laws and regulations

We and the Trip Provider are each entitled to terminate their relationship for whatever reason (including in the event of breach of contract or (filing for) bankruptcy) with due observance of the relevant notice period as agreed between both parties.

10. Disclaimer

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid, or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the Trip Reservation confirmation email (whether for one event or series of connected events).

However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect, or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability, and ratings) of the Trip Provider as made available on our Platform, (iii) the services rendered or the products offered by the Trip Provider or other business partners, (iv) any (direct, indirect, consequential, or punitive) damages, losses, or costs suffered, incurred, or paid by you, pursuant to, arising out of or in connection with the use, inability to use, or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential, or punitive) damages, losses, or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Trip Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors, or affiliated companies) whose products or service are (directly or indirectly) made available, offered, or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure, or any other event beyond our control, unless otherwise provided by law.

We are not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness, and due disclosure of the Trip and makes no representations, warranties, or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose. You acknowledge and agree that the relevant Trip Provider is solely responsible and assumes all responsibility and liability in respect of the Trip (including any warranties and representations made by the Trip Provider). We are not a (re)seller of the Trip. Complaints or claims in respect of the Trip (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Trip Provider. We are not responsible for and disclaims any liability in respect of such complaints, claims, and (product) liabilities.

Whether or not the Trip Provider has charged you for your Trip, or if we are facilitating the payment of the (Trip) price or fee, you agree and acknowledge that the Trip Provider is at all times responsible for the collection, withholding, remittance, and payment of the applicable taxes due on the total amount of the (Trip) price or fee to the relevant tax authorities. We are not liable or responsible for the remittance, collection, withholding, or payment of the relevant taxes due on the (Trip) price or fee to the relevant tax authorities. We do not act as the merchant of record for any product or service made available on the Platform.

By uploading photos/images onto our system (for instance in addition to a review), you certify, warrant and agree that you own the copyright to the photos/images and that you agree that we may use the uploaded photos/images on our Website, its (mobile) website, partners’ websites or applications, and in (online/offline) promotional materials and publications and as we at our discretion sees fit. You are granting us a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as we at our discretion see fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, property owners) due to our publishing and using these photos/images. We do not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not our responsibility. We disclaim all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by us at any time and without prior notice.

11. Intellectual property rights

Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by us, our Trip Providers or providers.

We exclusively retain ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to us. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including but not limited to copyright and database right).

12. Applicable law, jurisdiction & dispute resolution

These terms and conditions and the provision of our services shall be governed by and construed in accordance with PRC law. Any dispute arising out of these terms and conditions and our services shall be submitted to the competent courts in the place where Booking.com Customer Service Center (Shanghai) Co., Ltd. is incorporated.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

13. Platform and Booking.com

The Platform intends to provide travel reservation services to Chinese users (who will be determined by us based on your mobile phone number verified in your account). If you are not a Chinese user (as we have determined), you will be redirected to Booking.com or you will have an option to go to Booking.com, and in such case, relevant terms and conditions of Booking.com apply.

Your account created on the Platform may be used directly on any website, mobile website and/or application operated by Booking.com for services provided by Booking.com, in which case, you will be subject to the relevant terms and conditions of Booking.com. If you have already created an account on Booking.com, you may use such account directly on the Platform for services provided by us without creating a new account separately on the Platform, in which case, you will be subject to the terms and conditions of the Platform.

Trip Service of Flights, Car rentals, Attractions, Airport taxis and Business accounts will be provided by Trip Providers through Booking.com where Booking.com’s related Terms and Conditions and Privacy Statement will apply.

14. Support Companies

Booking.com Customer Service Center (Shanghai) Co., Ltd. is supported by its affiliate Booking.com B.V. in providing travel services (not limited to internal supporting services) on the Platform while at the same time, Booking.com B.V. is supported by various affiliated group companies (the "support companies") throughout the world. The support companies only provide internal support. Certain designated support companies render limited customer care support services (only by telephone). The support companies do not have any Platform (and do not in any way control, manage, maintain, or host the Platform). The support companies do not have any power or authority to render the Trip Service, to represent the Platform or Booking.com Customer Services Centre (Shanghai) Co., Ltd., to enter into any contract in the name of the Platform or Booking.com Customer Service Center (Shanghai) Co., Ltd., to represent Booking.com, or to enter into any contract in the name of, for or on behalf of Booking.com. You do not have a (legal or contractual) relationship with the support companies. The support companies do not operate the Platform and are not authorized to act as any form of process or service agent of the Platform or Booking.com Customer Service Center (Shanghai) Co., Ltd..