Freelance platform - Terms and conditions.

Terms & Conditions for the use of the Freelance Extranet of Booking.com

1. Validity

1 - Booking.com B.V. (hereafter: “Booking.com”) operates an Extranet accessible via the public Internet (hereafter: “the Extranet”). These Terms & Conditions apply to you, the Freelancer, as user of the Extranet (hereafter: “You”, the “User”, or the “Freelancer”) and are instituted by Booking.com as its operator. By registering as User and logging on to the Extranet, You recognize these Terms & Conditions as binding.

2. Access protection

1 - Access to the Extranet is password-protected. Your password is personal and you may not disclose it or make it available to anyone. The use of other users’ passwords is prohibited.

2 - If you have reason to suspect that your password has been disclosed or made available to third parties, you must inform Booking.com immediately (via email [email address]). Until your account is deactivated by Booking.com, you bear sole responsibility for the use or abuse of your password.

3 - You are permitted to use Extranet only within the access rights granted to you by Booking.com. Any use going beyond that and attempt to that effect is prohibited.

4 - Booking.com may, in the event of breach of the conditions of these Terms & Conditions or to avoid possible misuse, at any time and without prior notice, (temporarily) block the User’s access to the Extranet and deactivate accounts.

3. Operation of the Extranet by Booking.com

1 - The Extranet is essentially available the entire year, 24 hours a day, 7 days a week. However, Booking.com guarantees neither error-free nor uninterrupted operation of the Extranet nor uninterrupted connection of the same to the Internet.

2 - Booking.com takes data protection and backup precautions for the existing data on the Extranet. These are to be understood as supplemental measures and You are solely responsible for taking necessary data protection measures for the data which You have uploaded on the Extranet.

3 - Booking.com also takes measures to protect the Extranet from specific potential detrimental external influences (viruses, other harmful programs and files, unauthorised access, etc.). However, Booking.com cannot guarantee that these measures are effective in every case, and therefore you cannot depend on these measures to protect your own equipment and data. You remain responsible for taking your own measures against said external influences.

4. Content on the Extranet

1 - In addition to content provided by Booking.com (which may include text, images, photos, graphics, links, etc.), the Extranet also contains content uploaded by users (“User Content”). Booking.com accepts no responsibility for User Content. However, Booking.com reserves the right to remove User Content from the Extranet at its own discretion, at any time and without prior notice if Booking.com deems this necessary, e.g. if content does not fit into the Extranet concept, is factually incorrect or illegal.

2 - Each User is responsible for its use of the Extranet and (its use of) content uploaded by the subject User on the Extranet.

3 - You are only permitted to upload such content on the Extranet which you have either produced yourself, for which you own the copyright, or for which you have suitable permission from the authorised parties and/or a suitable legal authorisation. In particular, saving content and data on the Extranet which content is illegal, which violates third party property rights (e.g. copyrights, trademark rights) or which could harm the Extranet or its users (viruses, links to harmful websites, etc.) is prohibited.

5. Use of the Extranet – unacceptable use

The following activities are, in general, prohibited.

  • To make misrepresentations, including hiding your identity;
  • To upload viruses, malware, or other malicious code;
  • To alter, disable, or circumvent any processes built into the Booking.com systems;
  • To damage, disable, impair, and/or overburden the Booking.com systems;
  • To reverse engineer any of the features offered by Booking.com;
  • To grant access to the Booking.com systems to third parties for commercial or any other reason without Booking.com’s explicit prior written agreement;
  • Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Booking.com;
  • Circumventing user authentication or security of any host, network or account.

The aforementioned list is by no means exhaustive, but attempt to provide a framework for activities which fall into the category of unacceptable use.

6. Liability

1 - With regard to the use of the Extranet and the use of the content made available therein, Booking.com is solely liable for damages caused by willful misconduct or gross negligence by Booking.com. Any and all liability of Booking.com with respect to these Internet pages, for direct and indirect damages and consequential damages, including, without limitation, loss of profit, is excluded. This exclusion of liability applies also to damages on computer equipment or programs or data of User (including, without limitation, data loss), caused by viruses or other harmful programs or by any other means.

2 - You shall fully indemnify Booking.com and other Extranet users from any third party claims based on the alleged infringement of third party rights by You by uploading content on the Extranet and/or any use of such content You are not permitted to under applicable agreements. In such case You shall, if possible under applicable procedural law, take over any litigation at your own cost, and provide Booking.com and/or the other affected users of the Extranet all additional assistance and support in a (settlement of a) dispute with a third party. In particular You shall fully pay on first request any damages, royalties and any other payments awarded to third parties by ruling of a court or arbitration tribunal or court or out of court settlement, as well as any court costs and legal fees including, without limitation, attorney’s fees and expenses, incurred by Booking.com and or other users of the Extranet.

7. Data protection

1 - The personal information which You provide as part of registration as an Extranet user is used by Booking.com exclusively in relation to the operation of the Extranet and for user administration.

2- If information about other Extranet users is made available to You, You are allowed to use said information exclusively in connection with the proper use of the Extranet.

3 - With your registration as a user, You give your permission for data pertaining to You to be processed according to this Section 7.

4 - The provisions of the Booking.com Privacy Policy as displayed and updated from time to time on the Extranet apply.

8. Applicable Law and jurisdiction

1 – These Terms & Conditions shall be governed by and shall be construed in accordance with the Laws of the Netherlands to the exclusion of its principles of conflicts of laws.

2 - The competent courts of Amsterdam, the Netherlands, shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms & Conditions.

9. Miscellaneous

1 - If individual provisions of these Terms & Conditions are or become invalid, this will not affect the validity of the other provisions. The invalid provision shall be replaced by another provision which most closely achieves the legal purpose of the original provision.