Terms and Conditions
Using the services of BidToTrip you agree to the following terms and conditions (“Terms”), and the way in which BidToTrip works. Terms apply to the relationship between Bid To Trip Ltd, a company registered in England and Wales with company registration n°09002765, and having its registered address at 5th Floor, Aldermary House, 10-15 Queen Street, London, United Kingdom, EC4N 1TX (“BTT”), all subsidiaries of BTT, mobile applications, www.bidtotrip.com (“Website”), and the end user, constituting the agreement and replacing all previous commitments and statements, whether written or oral, between the user and BTT regarding the use of the systems and services. This Terms is effective from March 9, 2018, BTT reserves the right to amend these Terms at any time without notice.
Using social Auctions BTT seeks to provide customers very competitive discounts. The Website is designed to promote his conscious use and the elements of entertainment and amusement of the Auction, BTT doesn’t encourage or promotes any sort of gambling or bets.
BTT is not a tour operator, every service (short brake or holiday) made available for sale through the Website is supplied on behalf of the third-party provider: hoteliers, tour operators or travel agencies.
You acknowledge that by registering on the Website you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to register on the Website. You are advised to print and retain a copy of these Terms for your future reference.
1 – DEFINITIONS
“Account” means the information held by BTT about a Registered User, such information having been submitted by the Registered User to whom the information relates, including your Bid history and the other information contained in your Website’s “profile details” section;
“Alternatives”, means what set forth in clause 9.2;
“Auction” means the online auction of a service (short brake or holiday) through the Website permitting Registered Users to place Bids during the Auction Period in an attempt to become a Winner;
“Auction Period” means the duration of each Auction, as set by BTT and during which Bids can be placed, as may be varied by BTT at any time;
“Bid” means the placing of an offer by a Registered User during an Auction and confirming such action by clicking “BID NOW”;
“Contract” means the contract between BTT and you either as a Non-Registered User or a Registered User for the relevant and applicable Use of the Website and which incorporates these Terms;
“Coupon” means what set forth in clause 8.1;
“Deferred Date Coupon”, means a Coupon valid and to be used within a predefined time period;
“Force Majeure Event” means what set forth in clause 17.1;
“Intellectual Property Rights” means what set forth in clause 12.4;
“Login Details” means the usernames and passwords used by you to access certain functionalities of the Website;
“Network” means the electronic communications network used by BTT to provide the Website;
“Non-Registered User” means you are not registered with BTT as a Registered User but you shall view some parts of the Website without participate in Auctions;
“Order Form” means the online form available on the Website to be used by you in order to confirm to place each offer;
“Partners” means what set forth in clause 8.1;
“Price” means the amount payable for each offer placed on Auctions through the Website;
“Product” means the products and/or services offered by a particular Partner, available for sale through the Website;
“Promotion” means the different invitations to place Bids displayed on banners, in video and through text messages. Promotions may include discounts or other benefits related to the performance of certain actions;
“Registered User” means a person who is registered with BTT and has access to all the features and functionalities of the Website;
“Registration Form” means the online form available on the Website to be used by you in order to became a Registered User;
“Secret Formula Deals” means you’ll be notified with the exact name of the hotel once the reservation is confirmed. BTT warrants only the standard of category and the geographic location set out on the relevant Auction's website page.
“Stay Tonight Coupon” means a Coupon valid and to be used for the same date.
“Use” means having access to the relevant and accessible service as a Non-Registered User or Registered User;
“User Submissions” means what set forth in clause 12.2;
“Winner” means the Registered User who, at the end of the Auction Period, has placed a Winning Bid for a service;
“Winners Confirmation E-Mail” means what set forth in clause 9.1;
“Winning Bid” means, at any time during an Auction, the current highest Bid placed by any one Registered User;
“You/you”, “Your/your” means where applicable, the Non-Registered User or the Registered User.
2 – INFORMATIONS ABOUT BTT AND THE WEBSITE
2.1. The Website is owned and managed, operated and maintained by BTT.
2.2. The Website is an online marketplace offering Registered Users the opportunity to participate in Auctions by placing Bids. You can access the Website either as a Non-Registered user or by becoming a Registered User.
2.3. BTT shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Website, including but not limited to preventing you from purchasing any Products or using any of the services available on the Website. BTT reserves the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the same without notice.
2.4. BTT relies on third party providers (such as network providers, data centers and telecommunication providers) to make the Website and the content therein and the services available to you. Whilst BTT takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that BTT does not warrant that the Website shall be uninterrupted or fault-free at all times. BTT therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the services and Website as a result of BTT’s service providers.
2.5. BTT may be contacted at 5th Floor, Aldermary House, 10-15 Queen Street, London, United Kingdom, EC4N 1TX or by email at [email protected].
3 – PRELIMINARY INFORMATION
By registering your details with BTT, you warrant that: (i) you are legally capable of entering into binding contracts, (ii) you are at least 18 years old, and (iii) you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these terms for the use and/or purchase of the services and/or Products.
4 – REGISTRATION
4.1. In order to participate in an Auction or Use any of the services offered on the Website, you will need to set up an Account as a Registered User. By registering your details and setting up an Account you consent to BTT conducting verification and security procedures in respect of the information provided by you online.
4.2. You hereby warrant that the information provided by you to BTT are true, accurate and correct. You further warrant that you shall promptly notify BTT in the event of any changes to such information.
4.3. Upon the completion and submission of the Registration Form or by registering through your Twitter or Facebook account, you shall be sent a verification email to the email address you provided on the registration form. This verification email will contain details of how to activate your Account. Your Account will not be accessible until you have activated it in accordance with the instructions in the verification email and accepted BTT’s Terms by ticking the “ACCEPT” box.
4.4. You shall keep your Login Details confidential and secure. Without prejudice to any other rights and remedies available to BTT, BTT reserves the right to promptly disable your Login Details and suspend your access to the Website in the event that BTT has any reason to believe you have breached any of the provisions set out herein.
4.5. Notwithstanding the foregoing, BTT reserves the right to: (i) accept or reject your application to register for any reason; and (ii) suspend your Account and/or refuse you access to the services and/or Website (partly or wholly) if you breach any of the provisions hereunder.
5 – FORMATION OF THE CONTRACT
5.1. The date of commencement of your Contract with BTT shall be determined as follows: (i) where you are a Non-Registered User, then upon your first use of the Website; or (ii) where you are a Registered User, then upon your registration of your details with is, and such Contract shall be effective and in force until terminated by either party in accordance with clause 6 and clause 15.
5.2. Notwithstanding the foregoing, BTT reserve the right at its sole discretion and for whatever reason to: (i) reject your application as a Registered User, (ii) refuse you access to the Website and/or services (in part or in whole).
6 – TERM
Subject to clause 13 and unless otherwise expressly set out to the contrary in these Terms, your Contract with BTT shall remain in force: (i) where you are a Non-Registered User, for the duration in which you use the Website; or (ii) where you are a Registered User, for the duration of your registration with BTT.
7 – PROMOTIONAL CODES
BTT may from time to time provide you with promotional codes as part of marketing and promotional campaigns. The validity and use of such promotional codes shall be strictly subject to any relevant and additional terms which shall be made available to you on the Website or otherwise by email.
8 – THE BIDDING PROCESS
8.1. All Products (short break or holidays) under Auction are in Secret Deal Formula and supplied by hand-picked hoteliers, tour operators or travel agency (“Partners”), and not by BTT who limits his business in selling under Auction vouchers/coupons that can be exchanged with the products supplied by its Partner pursuant to the terms and conditions set forth on the voucher/coupon itself and/or on the page of its deal contained on the Website (“Coupon”).
8.2. Coupons are intended only for personal and non-commercial use, they can be gifted to others but always for personal use. You acknowledge that BTT is not a tour operator, every Product is supplied by a Partner, BTT is not a Partner. Keep in mind that it is the Partner the sole party who enters into a contract with the person who will redeem the Coupon. Each Coupon expire on the date specified on itself, on the Website or otherwise by mail, it can be used only once for the reservation of one or more persons and for the relevant services specified in itself, cannot be subject to any form of refund for any remaining balance. Keep also in mind that, in addition to the contract between the person who will redeem the Coupon and the Partner, the Winner, who won an Auction, concluded a separate agreement with BTT for the purchase of Coupon and is represented by this agreement.
8.3. You acknowledge that Partners are the sole responsible for the redeem of Coupons and/or the enjoyment of the services set forth on themselves. BTT shall use all reasonable endeavours to ensure any description of the Products is accurate, but you acknowledge that (in phase of reservation) the Partner of the Product may communicate additional or different information to the description available on the Auction.
8.4. You acknowledge and agree that once you have placed a Bid you may not retract or cancel it without BTT’s prior consent. You may Bid in an Auction only if you are a Registered User, the price of each Winning Bid will be automatically charged on the credit card of the Winner at the end of the Auction. Once charged, a Winning Bid cannot be refunded.
8.5. Each Auction will have a specified Auction Period, no Bids may be placed once the Auction Period has ended. BTT is only obliged to supply by email the relevant Coupon to the Winner. In the event of a dispute regarding the Winner, BTT’s decision is final.
8.6. You can place a Bid by entering the price you wish to place and then clicking on “BID NOW” box. Subject to holding a sufficient plafond on your credit card, there is no limit to the number of Bids you may place. Once you have placed your Bid, you will receive a notification informing you whether you have the current Winning Bid.
8.7. If, for any reason, at the end of the Auction Period, BTT is unable to offer the Product to the Winner, BTT may offer the Winner either: (i) an exact or near equivalent Product as a replacement; or (ii) a refund of the price payed at the end of the relevant Auction.
8.8. BTT reserves the right to cancel an Auction at any time and for any reason. Save where the reason for such cancellation was caused by your own act or omission, BTT shall refund you any price payed in the relevant cancelled Auction.
9 – AUCTION END AND RESERVATIONS
9.1. In the event that you are the Winner, you will receive an e-mail notification from BTT including the Coupon you have won and the details for the reservation (“Winners Confirmation E-Mail”).
9.2. Once received a Winners Confirmation E-Mail, the reservation is: (i) in case of Stay Tonight Coupon: automatically confirmed for the date set out and will not be subject to cancellation, changes or refund; (ii) in case of Deferred Date Coupon: subject to confirmation of availability from BTT. In case of no availability for the date you request, then BTT will propose you different dates ("Alternatives"). In case no Alternatives will suite to you, then BTT will refund you with the amount spent under Auction.
9.3. You shall become the owner of the Coupon on delivery of such by BTT. Upon delivery of the Coupon to you, BTT shall no longer bear any liability or responsibility for such Coupon. A Deferred Date Coupon is valid within the date/period set forth on the Coupon or made available to you on the Website or otherwise by email. BTT has the right to refuse reservations for expired Deferred Date Coupons.
10 – CANCELLATION AND RETURNS
Your legal right to cancel and return a Coupon under the Consumer Protection (Distance Selling) Regulations 2000 does not apply in the case of auction sales. Cancellation and refund of a Coupon is subject to the terms of clause 14 below.
11 – REFUSED COUPONS
In the event that a Partner reject to redeem, through no fault of your own, a valid Coupon delivered to you, you must notify BTT within a reasonable time. BTT shall provide you either with a refund of the price you have paid for the Coupon in the applicable Auction or, subject to availability, an identical or similar replacement Coupon. BTT reserves the right to request write evidence of any refusal of the Coupon claimed by you.
12 – ADDITIONAL OBLIGATIONS
12.1. You agree that you are solely responsible and liable for all activities carried out by your use of the Website.
12.2. You shall not submit to appear on the Website through your Use, any information, reviews, comments, images, third party URL links or other material whatsoever in any format (“User Submissions”), on the Website that, in BTT’s reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way: (i) promote racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harass or advocate harassment of another person; (iii) display pornographic or sexually explicit material; (iv) promote any conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promote any illegal activities; (vi) provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses; (vii) promote or contain information that you know or believe to be inaccurate, false or misleading; (viii) engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of BTT; or (ix) infringe any rights of any third party.
12.3. You acknowledge and agree that BTT may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that you make on the Website, and you hereby grant to BTT a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
12.4. You warrant and represent that you own or are licensed to use any and all patents, trade-marks (whether registrable or non-registrable), designs, rights in database, rights in software (including without limitation the source and object code), copyright and all proprietary rights (“Intellectual Property Rights”) in all User Submissions that you make to the Website as part of your Use.
12.5. You hereby grant to BTT a non-exclusive, irrevocable licence to make the User Submissions available to other users of the Website.
12.6. If you feel that any User Submission made by another user is objectionable, please contact BTT using the contact details set out on the Website. BTT shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any at all.
12.7. You further agree that at all times, you shall: (i) not use your Login Details with the intent of impersonating another person; (ii) not allow any other person to use your Login Details; (iii) not use the information presented on the Website or provided to you by BTT for any commercial purposes; (iv) not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the Network; (v) not infringe any rights of any third parties; (vi) contact BTT at [email protected] immediately if you consider any User Submission posted by another user to breach any of the terms herein; (vii) comply with all instructions and policies from BTT from time to time in respect of the services and the Website; (viii) co-operate with any reasonable security or other checks or requests for information made by BTT from time to time; and (ix) use the information made available to you on the Website and through the services at your own risk.
12.8. In the event that you have a dispute with any other user, you hereby release BTT from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
13 – TERMINATION
13.1. BTT reserve the right to suspend and/or terminate your access to the Website and/or the services if: (i) the Network owner ceases to make the Network available to BTT; (ii) BTT believe that you and/or someone using your Login Details has failed to comply with one or more of these Terms; (iii) BTT believe that there has been fraudulent use, misuse or abuse of the Website and/or the services, including the harassing or abuse of other registered users; (iv) BTT believe that you have provided with false, inaccurate or misleading information in respect of your registration and/or Use of the Website and/or the services; or (v) BTT believe that you are in the business of re-selling, promoting the Coupons for resale or if you are otherwise engaged in other similar and/or commercial activities.
13.2. For the avoidance of doubt, if your Use has been terminated by BTT in accordance with these Terms, your access to the services (in whole or in part) as a Non-Registered User or Registered User shall cease.
14 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
14.1. Subject to clause 14.2 and 14.4, if BTT fails to comply with these Terms, BTT shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder. If BTT’s failure to comply with its obligations is not remedied as in this clause 14.1, then BTT’s maximum aggregate liability for all losses, damages, costs, claims and expenses arising in respect of the applicable paid price for Coupon to which such failure relates, whether arising in contract, tort (including negligence) or otherwise, shall be limited to the amount paid by you under the relevant Coupon (as applicable).
14.2. BTT does not verify and does not have any control in respect of any User Submission, or other information made available to you through your Use. Consequently, BTT does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any User Submission or any other information made available to you through your Use. If you so intend to use and/or rely upon any User Submission or any other information made available to you through your Use, you do so at your own risk and liability.
14.3. Subject to clause 14.5, BTT shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories: (i) consequential, indirect or special losses; (ii) loss of profits, income or revenue; (iii) loss of savings or anticipated savings, interest or production; (iv) loss of business or business benefits; (v) loss of contracts; (vi) loss of opportunity or expectations; (vii) loss of goodwill and/or reputation; (viii) loss of marketing and/or public relations time and/or opportunities; (ix) loss of data; or (x) loss of management or office time or any other losses howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
14.4. Nothing in these Terms excludes or limits BTT’s liability for: (i) death or personal injury caused by its negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter for which it would be illegal for BTT to exclude or attempt to exclude its liability.
14.5. Commentary and other materials posted on the Website or provided by BTT are not intended to amount to advice on which reliance should be placed. BTT therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any user of the Website, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by BTT shall remain solely with you.
15 – INTELLECTUAL PROPERTY RIGHTS
15.1. BTT and its licensors own all the intellectual property rights relating to the Website. You are expressly prohibited from: (i) reproduction, sale, resale or trade of Coupons; (ii) reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and (iii) removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by BTT or its licensors.
15.2. Provided that BTT is unaware of any infringement of any third party intellectual property rights at the time you submit any User Submissions, BTT shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or BTT.
16 – PRIVACY AND DATA PROTECTION
BTT complies with the Data Protection Act 1998 and all other successor legislation and regulations in the performance of its obligations under these Terms. Please see the “Privacy Policy” set out in the Website. The terms of the Privacy Policy form part of these Terms and you agree to be bound by them.
17 – FORCE MAJEURE
17.1. BTT shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond BTT’s reasonable control and includes in particular (without limitation) the following: (i) strikes, lock-outs or other industrial action; (ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (iv) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (v) impossibility of the use of public or private telecommunications networks; and (vi) the acts, decrees, legislation, regulations or restrictions of any government.
17.2. BTT’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and BTT shall have an extension of time for performance for the duration of that period. BTT will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.
18 – COMPLAINTS
If you have reason to believe that any of the Terms herein have been breached or you have a complaint to make, please e-mail BTT at: [email protected] or write to: 5th Floor, Aldermary House, 10-15 Queen Street, London, United Kingdom, EC4N 1TX. All notification and communication to BTT should be sent to the contact details provided herein.
19 – GENERAL
19.1. If BTT fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by BTT of any default shall not constitute a waiver of any subsequent default. No waiver by BTT of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
19.2. BTT reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.
19.3. If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
19.4. These Terms and any document expressly referred to in them represent the entire agreement between you and BTT in respect of your Use and your purchase and use of Coupon, and shall supersede any prior agreement, understanding or arrangement between you and BTT, whether oral or in writing.
19.5. You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between you and BTT except as expressly set out in these Terms.
19.6. BTT reserves the right to amend these Terms without notice to you, subject always that such amendments shall not be applicable to any Bids already placed.
19.7. These Terms are governed by, and construed in accordance with, English law, excluding the United Nations Convention on the International Sale of Goods. The Courts of England and Wales shall have exclusive jurisdiction over any disputes arising out of these Terms.
