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PARTNER GENERAL TERMS AND CONDITIONS1. Subject matter and scope of the agreement
These Partner General Terms and Conditions (hereinafter: Partner GTC) define the general terms and conditions of the contractual relationship between the operator of the BestBooking.eu internet platform (hereinafter: BestBooking) and a business, sole trader, private accommodation provider or other person or organisation carrying out economic activities that offers accommodation or related services on the platform (hereinafter: Partner).
The Partner uses the BestBooking service in the course of its economic or professional activity. The relationship between the parties is a business-to-business relationship of a commercial nature.
The purpose of the agreement is to enable the Partner to display and manage the accommodation operated by it and its services in the BestBooking system and to use the platform's services.
2. Conclusion of the agreement
The agreement between the Partner and BestBooking is concluded upon creation of the partner account, acceptance of the Partner GTC and, where necessary, approval of the Partner's registration by BestBooking.
During registration, the Partner must provide true, accurate and up-to-date information.
BestBooking is entitled to record and retain the fact and time of the electronic acceptance of the Partner GTC, the accepted version and language of the document, and the technical data necessary to verify acceptance.
3. The Partner's eligibility and liability
The Partner declares that it is entitled to operate, broker and display in the BestBooking system the accommodation or service specified by it.
The Partner is responsible for ensuring that:
the operation of the accommodation complies with the legislation applicable at the place of operation;
it holds the necessary permits, registrations and authorisations;
the data, prices, images, services and other information provided by it are true and up to date;
the service advertised by it is actually available;
it fulfils its own statutory, tax and other obligations towards guests.
The Partner is independently responsible for its own economic activities.
4. BestBooking's service
BestBooking provides an online platform that enables the display and searchability of the Partner's accommodation and services and, depending on the services used, the management of bookings and other operations related to the Partner's activities.
BestBooking does not become the provider of the accommodation service supplied by the Partner.
The actual provider of the accommodation is the Partner, who is responsible towards the guest for performing its own service.
5. Content provided by the Partner
The Partner is responsible for all content uploaded or provided by it in the BestBooking system.
The Partner declares that it has the appropriate rights to use the photographs, texts, trademarks, logos and other content uploaded by it.
For the duration of the agreement, the Partner authorises BestBooking to use such content as necessary to display, promote and broker the Partner's services.
Ownership of the content and the intellectual property rights associated with it shall not transfer to BestBooking, unless otherwise agreed.
6. Prices, availability and booking data
The Partner is responsible for the accuracy of the prices, availability data, service conditions and other commercial information displayed in the system.
The Partner must update the data contained in the system as necessary.
The detailed conditions of the booking, the rules on cancellation, payment, refunds and any fees may be determined by the booking and commercial conditions applicable from time to time in the BestBooking system.
7. Fees and settlement
Some BestBooking services may be used free of charge, while other services may be used in return for a fee, commission or other consideration.
The amount of the fee or commission payable by the Partner, the method of its calculation and the conditions of settlement must be made clearly accessible to the Partner before the service is used.
The Partner is obliged to pay only a fee whose conditions of application are contained in the agreement or in separate conditions accepted by the Partner.
8. Search ranking and display
BestBooking may determine the order of search results and offers by taking several factors into account.
The main ranking factors may include, in particular, relevance to the search, availability, price, characteristics of the accommodation, guest reviews, quality of the service, conditions provided by the Partner, and other objective factors related to the operation of the system.
If any paid service or other consideration affects the display or ranking, the Partner must be provided with appropriate information about this fact and its material effect.
9. Data processing and access
The processing of the Partner's personal data is governed by the provisions of the Partner Privacy Notice in force from time to time.
The Partner may access the data necessary for the operation of the service through its own partner account and the functions provided to it.
Guests' personal data may be used solely for fulfilling the booking, providing the related service, complying with a statutory obligation or on another appropriate legal basis.
The Partner may not use the personal data made available to it unlawfully or in a manner incompatible with the purpose of the booking.
10. Restriction and suspension of the service
BestBooking is entitled to restrict or suspend the use of certain services, advertisements or the Partner's account, in particular if:
the Partner breaches the contractual terms;
it provides false or misleading information;
it carries out unauthorised or unlawful activities;
it endangers the rights of guests or other persons;
there is a suspicion of abuse, fraud or a security risk;
the Partner fails to fulfil its payment obligation;
this is made necessary by legislation or an official order.
BestBooking shall inform the Partner of the restriction, suspension or termination and the reasons for it in accordance with the applicable legislation.
11. Termination of the agreement
The Partner may terminate the agreement through the partner account or by a declaration sent to BestBooking, without prejudice to obligations arising from bookings already concluded and outstanding settlements.
BestBooking may terminate the agreement in accordance with the applicable legislation and the provisions of these Partner GTC.
Termination of the agreement shall not affect payment, settlement, data retention, compensation or other outstanding obligations arising before termination.
12. Amendment of the Partner GTC
BestBooking is entitled to amend these Partner GTC due to the development of the service, changes in legislation, or business or technical changes.
The Partner must be informed of the amendment in accordance with the applicable legislation, on a durable medium and within an appropriate period.
Unless the applicable legislation provides otherwise, the application of the amended terms must be preceded by at least 15 days' prior notice.
An amendment with retroactive effect may be applied only if required by legislation or if the amendment is favourable to the Partner.
13. Liability
Each party is liable for performing the obligations undertaken by it and for damage caused by it in accordance with the applicable legislation.
BestBooking shall not be liable for false or inaccurate information provided by the Partner, the quality or performance of the service provided by the Partner, or any circumstance outside BestBooking's control.
The limitation of BestBooking's liability shall not apply where mandatory legislation prohibits the limitation or exclusion of liability.
14. Communication and electronic declarations
Communication between the parties shall primarily take place electronically.
The Partner must ensure that the contact details associated with the partner account are kept continuously up to date.
BestBooking may send notices relating to the performance of the agreement to the electronic address provided by the Partner or through the partner account.
15. Governing law and compliance with legislation
The agreement shall be governed by directly applicable legislation of the European Union and, subject to international private law and other mandatory provisions, by the law of the Member State applicable according to the registered office of BestBooking's service provider.
The contractual relationship between the parties shall be subject in particular to Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services, insofar as its personal and material scope extends to the relationship in question.
The invalidity or unenforceability of any provision of these Partner GTC shall not in itself affect the validity of the remaining provisions.
16. Final provisions
By accepting the Partner GTC, the Partner declares that it had the opportunity to become acquainted with their content before the agreement was concluded, has read them and accepts them.
The version and language of the accepted document, the time of acceptance and the technical data necessary to verify acceptance may be recorded in BestBooking's electronic system.
BestBooking shall make the version of the Partner GTC in force from time to time available to the Partner electronically.
PARTNER PRIVACY NOTICE1. Purpose of this notice
This Partner Privacy Notice applies to the processing of personal data relating to accommodation providers, hospitality establishments, service providers and other business partners that establish or initiate the establishment of a contractual relationship with the BestBooking.eu platform.
The notice applies in particular to the partner’s natural-person representative, owner, sole trader, private accommodation provider, contact person, authorised representative, employee, and any other natural person whose personal data is processed by the platform during the establishment or maintenance of the partner relationship.
The operator of the platform qualifies as a data controller in respect of processing activities carried out for its own purposes and on the basis of its own decisions.
2. Principles of data processing
Personal data are processed in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), as well as applicable European Union and Member State data protection legislation.
The processing is governed in particular by the requirements of lawfulness, fairness and transparency, purpose limitation, data minimisation, accuracy, storage limitation, and integrity and confidentiality of data.
3. Categories of personal data processed
In connection with the partner relationship, depending on the nature of the partner and the service, the following personal data may in particular be processed:
name;
name and position of the representative or contact person;
e-mail address;
telephone number;
correspondence and contact details;
sole-trader or other registration data relating to a natural person;
data necessary for invoicing and financial settlement;
bank account or payment details, where they relate to a natural person;
identification and security data of the partner account;
login, IP, timestamp and technical log data;
data relating to partner operations carried out on the platform;
the content of customer-service, complaint-handling and other communications;
data relating to the conclusion and amendment of contracts, acceptance declarations and the dates thereof;
other personal data necessary for compliance with legal, official, accounting or tax obligations.
The platform processes only the data necessary to achieve the relevant processing purpose.
4. Purposes of processing
Personal data may in particular be processed for the following purposes:
creation and identification of the partner account;
management of the partner’s data and authorisations;
conclusion, performance, amendment and termination of the contract;
displaying and managing the accommodation, hospitality establishment or other service offered by the partner on the platform;
managing bookings and other partner services;
communication with the partner;
financial settlement, invoicing and payments;
documenting contractual declarations and acceptances;
customer service and complaint handling;
prevention and detection of misuse, fraud and unauthorised access;
ensuring information technology and data security;
bringing, enforcing and defending legal claims;
compliance with legal, official, accounting and tax obligations.
5. Legal bases for processing
The legal basis for processing depends in particular on the relevant processing purpose and the legal status of the data subject, and may be:
a) Performance of a contract or taking steps prior to entering into a contract – Article 6(1)(b) GDPR
Where the data subject him- or herself is the contracting partner, processing may be necessary for the conclusion or performance of the partnership contract.
b) Compliance with a legal obligation – Article 6(1)(c) GDPR
This may include, in particular, compliance with accounting, tax, official or other mandatory record-keeping and retention obligations.
c) Legitimate interests – Article 6(1)(f) GDPR
On this legal basis, processing may in particular concern the representative and contact person of a legal person or other organisation, the maintenance of the partner relationship, ensuring the security of the system and user accounts, preventing misuse, and bringing, enforcing and defending legal claims, provided that the interests or fundamental rights and freedoms of the data subject do not take precedence.
Where processing is based on legitimate interests, the controller weighs the necessity of the processing and its impact on the rights of the data subject in accordance with the applicable data protection requirements.
d) Consent – Article 6(1)(a) GDPR
This applies only to optional processing activities that are genuinely voluntary and in respect of which the data subject may refuse or later withdraw consent without adverse consequences.
The general legal basis for processing necessary to create the partner account and perform the partnership contract is not the consent of the data subject.
6. Source of personal data
Personal data may originate directly from the data subject, the contracting partner, its representative or authorised representative, or, within lawful limits, from publicly accessible or authentic official registers.
If the partner provides the personal data of another natural person – for example, a contact person or employee – it must ensure that the transfer of the data is lawful and that the data subject receives the necessary information.
7. Processors and recipients
Personal data may be accessed only by persons who need access to perform the relevant task.
To the necessary extent, data may in particular be transferred to:
hosting and infrastructure providers;
IT and system-operation service providers;
e-mail and communication service providers;
payment and financial service providers;
invoicing and accounting service providers;
legal, auditing or other professional advisers;
courts, authorities and other bodies acting pursuant to law.
Where a processor is engaged, the contractual and data-security requirements of Article 28 GDPR shall apply.
8. International transfers of data
If personal data are transferred to a country outside the European Economic Area or to an international organisation, this may take place only where the conditions laid down in Chapter V of the GDPR are met.
The transfer may be based on an appropriate safeguard, in particular an adequacy decision, appropriate contractual safeguards or another legal basis permitted by the applicable data protection rules.
9. Data retention
Personal data shall be retained for the period necessary to fulfil the purpose of the processing.
As a general rule, data necessary for the performance of the contract may be processed for the duration of the partner relationship and thereafter for as long as potential legal claims may be enforced or legislation requires retention.
Documents that must be retained under accounting, tax or other legislation shall be retained for the period specified in the relevant legislation.
Security and technical log data may be processed only for the period necessary for the security purpose.
10. Data security
The controller applies appropriate technical and organisational measures to ensure the confidentiality, integrity and availability of personal data.
Within this framework, it may in particular apply access controls, authorisation management, logging, backups, encrypted data transmission and other security measures appropriate to the level of risk.
11. Rights of data subjects
Under the conditions of the GDPR, the data subject has the right to:
request information about and access to his or her personal data;
request the rectification of inaccurate personal data;
request the erasure of personal data under specified conditions;
request restriction of processing;
request data portability where the conditions of the GDPR are met;
object to processing based on legitimate interests;
withdraw consent at any time where processing is based on consent;
lodge a complaint with the competent data protection supervisory authority;
seek judicial remedy.
The right to erasure is not unlimited. Data may in particular be retained where required by law or where necessary for the establishment, exercise or defence of legal claims.
12. Contacting a supervisory authority
The data subject has the right to lodge a complaint with a competent data protection supervisory authority, in particular in the Member State of his or her habitual residence, place of work or the place of the alleged infringement.
13. Automated decision-making
If, in relation to partner data, decision-making based solely on automated processing takes place and produces legal effects concerning the data subject or similarly significantly affects him or her, the data subject must be separately informed, in accordance with Articles 13–14 and 22 GDPR, of its existence, logic and expected consequences.
If no such automated decision-making takes place, the controller may clearly record that fact.
14. Partner’s obligations when providing the data of other persons
The partner is responsible for providing the platform only with personal data for which it has an appropriate legal basis for processing and transfer.
The partner must ensure that its employees, representatives, contact persons and other data subjects receive appropriate data protection information.
15. Partner’s responsibility as controller
The partner may qualify as an independent controller in respect of processing of personal data carried out for purposes and by means determined by it in connection with its own activities.
The partner is in particular responsible for processing lawfully the guest, customer, employee and other personal data recorded, obtained, downloaded or otherwise processed by it on the platform.
The controller or processor status of the platform and the partner must be determined for each processing operation on the basis of its actual purpose and means; the designation of the contract between the parties alone does not determine this status.
16. Acknowledgement of this notice
When creating the partner account, the partner must be given the opportunity to review this privacy notice.
During registration, it may be recorded that the partner has reviewed a specified version of the notice in a specified language. For the purpose of evidencing this, the system may in particular retain the document version identifier, the language, the time of the acknowledgement declaration and the technical log data necessary for proof.
Proof that the notice was reviewed does not mean that the legal basis for processing necessary for the performance of the contract or compliance with a legal obligation becomes consent.
17. Amendments to this notice
The notice may be amended in particular due to changes in legislation, changes in the operation of the platform, the introduction of a new processing purpose or a new service.
The version of the document applicable to the partner and the date on which it enters into force must be recorded by the system in a clearly identifiable manner.
