General Terms and Conditions BookYou (English)
Article 1 – Definitions
Application: Web-based internet applications and underlying software
developed by BookYou to provide automated services, as detailed on the
Connection: the possibility to make use of the Service and access to the
Server (s) of BookYou.
Booking: the (automatic) processing and scheduling of an appointment.
BookYou: (BookYou) Hoogoorddreef 131, 1101 BB, Amsterdam.
Content: through, or in conjunction with, the Service, or additional services
by BookYou, or products offered by third parties, which can contain,
amongst others, text, audio, data and/or image files and software
Service: making the Application available and keeping it on BookYou’s
Server, at a fee, for the (automated) processing of Bookings.
Customer: a natural person or a legal entity who enters into an agreement
with BookYou to provide services.
Agreement: the agreement to supply the Service by BookYou to the
Customer. The prices and general conditions of BookYou are part of the
Server: computer(s) managed by BookYou and related hardware, web
server apparatus, the Application, supporting software and/or database
software, which are accessible through the internet.
Access code: access code that, together with the user name, gives access
to the Server.
Article 2 –General provisions and applicability
2.1 The Customer is aware of the contents of these general terms
and conditions and accepts the applicability of these general
terms and conditions to the Agreement with BookYou.
2.2 These general terms and conditions apply to all offers,
Agreements for the delivery of the Service by BookYou, as well
as to all (legal) actions that reasonably precede them.
2.3 The Agreement for services between the parties can be entered
into either in writing or verbally. During the verbal conclusion of
the agreement, information relevant to the parties can be
included in whole or in part (by telephone).
2.4 The Customer may use additional services offered by BookYou.
These general terms and conditions are applicable to these
additional services. Additional conditions may
apply to additional services.
2.5 These general conditions can be changed unilaterally by
2.6 The applicability of purchasing, or other conditions of the
Customer, are hereby explicitly excluded.
2.7 Deviations from and additions to these general terms and
conditions by the Customer will only be valid if explicitly agreed
upon in writing.
2.8 These general terms and conditions are registered at the
Chamber of Commerce in Amsterdam under number
Article 3 –Implementation and use of the Service
3.1 BookYou will implement the agreed services to the best of their
ability and understanding. All services by BookYou are
implemented based on a best endeavours obligation.
3.2 The Customer must adhere to the requirements that are (can be)
made to the reasonable use of the Service(s).
3.3 BookYou is authorized to have the services implemented by third
parties without consent of the Customer, providing that this does
not affect the agreed upon quality.
3.4 BookYou can provide access codes or grant authorizations for
the Service(s). Provided Access Codes and/or authorizations are
not transferable and strictly personal and exclusively for use
within the organization of the Customer. The Customer must
protect the access codes and/or authorizations against
cognisance or use by unauthorized persons. The Customer is
responsible for all use, with or without the consent of the
Service(s) and the Access Code(s) or authorizations made
available to him. When there is a (suspected) unauthorized use,
BookYou is entitled to block access codes or authorizations
immediately. BookYou can change the Access Code(s) at its
sole discretion after which they will inform the Client timely about
3.5 BookYou can deactivate the Access Code(s) or suspend the
service if they have a serious suspicion that it is used in
contravention of the provisions of these terms and/or Additional
terms and conditions. The payment obligation will continue
during such deactivation operations.
3.6 It is forbidden to copy, distribute or manipulate the technical
information, software and security of the Service without prior
written permission by BookYou.
3.7 The Service makes use of the internet and the IT infrastructure
of the Customer that is not supplied by BookYou. Malfunctions
can thus occur caused by external sources or by third parties on
which the parties are dependent. BookYou cannot always
guarantee the quality of a connection and the availability of the
Service. BookYou therefore does not provide any assurance in
Article 4 – Duration
4.1 The Agreement is concluded for an initial contract period of 12
4.2 The Agreement will tacitly be extended by 12 months after the
expiry of the initial contract period.
4.3 The Customer may terminate the Agreement at the expiry of the
contract period by means of a written notice to BookYou
(Hoogoorddreef 131, 1101 BB / email@example.com) with
reference to the date of termination and by complying with a
notice period of 2 months.
Article 5 –Decommissioning and termination
5.1 BookYou can decommission the Service or supplementary
service offered to the Customer wholly or partially without notice:
a) if the customer fails to comply with his/her obligations under
the Agreement or does not comply with the requirements that
could be expected for a reasonable use,
b) if the Customer has provided wrong or incomplete information
to BookYou at or after the conclusion of the Agreement.
5.2 The decommissioning takes place without the Customer being
entitled to any compensation. The decommissioning ends once
BookYou has determined that the Customer has fulfilled all
his/her obligations. The costs of decommissioning, as well as of
the re-establishment, will be borne by the Customer. The
decommissioning of the Service does not relieve the Customer
from his/her obligations under the Agreement.
5.3 If BookYou determines that the Customer has not yet
fulfilledhis/her obligations within a period of 14 days after being
requested in writing by BookYou, then BookYou can terminate
the Agreement, whereby the claims of the Client towards
BookYou will lapse. The Customer is liable for all damages,
including lost income for the remaining term of the Agreement,
which BookYou suffers as a result of the failure of the Customer
and the subsequent dissolution of the Agreement.
5.4 BookYou is entitled to terminate the Agreement in the event of a
bankruptcy application, a request for a suspension of payments,
a discontinuation of the activities of the Customer, attachment,
debt restructuring or a declaration of lack of capacity of the
5.5 In case of dissolution by BookYou under this Article, the
Customer is immediately liable for all remaining payments under
the Agreement for the remaining minimum contract period.
5.6 A remigration of the Service occurs upon termination of the
Agreement. BookYou will make the user data, e-mail- and
application data and the business-specific software of the
Customer available to the Customer. Costs incurred by BookYou
due to the remigration of the service will be charged to the
Customer based on the actual costs.
5.7 There is no (legal) retention period for BookYou regarding the
data and information supplied by the Customer. BookYou is
entitled to remove and destroy data that, with the help of the
Service, have been stored, prepared, processed or otherwise
entered, from the Server immediately and without prior notice
upon termination of the Agreement, unless indicated that he/she
(the Customer) wished for the data to be transferred immediately
after the termination of the Agreement.
Article 6 – Rates and payment
6.1 During the duration of the agreement, the Customer is liable for
the remuneration as included in the BookYou price lists, or
elsewhere in the Service’s prices and conditions made known
6.2 BookYou is entitled to change its rates, unless otherwise agreed
in writing by the parties involved.
6.3 BookYou has the right to collect subscription fees and other
amounts that the Customer owes under this Agreement in
advance by means of a direct debit, or to collect the amount by
means of other electronic payment systems (iDeal or similar
6.4 The Customer is in any case obliged to pay the amounts due
within the period stated on the invoice, in the manner that was
6.5 Complaints regarding the invoice must be reported to BookYou
before the expiry of the payment period. The mere filing of a
complaint does not suspend the payment by the Customer.
6.6 The Customer is legally in default, without further notice, after
expiry of the payment period. In such a case BookYou is entitled
to charge the monthly statutory default interest from the expiry of
the payment period, as well as administrative and extrajudicial
Article 7 – License
7.1 The Parties are in agreement regarding the use of the Service
for a limited number of user licenses. The license provides the
Customer with a limited right of use of the Application in
accordance with the delivered Service(s) for a specific duration.
7.2 The Customer is not entitled, without prior written permission by
BookYou, to transfer the license to third parties.
7.3 The right of use is regarded as the functional use of the
Application in the framework of the normal activities of the
7.4 If and insofar BookYou provides software of third parties to the
Customer, the terms and conditions of those third parties’
software will apply, provided BookYou has informed the
Customer about this in writing or electronically.
Article 8 – Content and intellectual property
8.1 The client will in no way infringe on the intellectual property rights
of BookYou and/or third parties. If data, by using the Service(s)
of BookYou, is stored, prepared, processed or otherwise
unlawfully entered with regards to third parties, then BookYou is
entitled to remove this information from the Server and destroy it
immediately without prior notice. The Customer already grants
BookYou permission to remove and destroy all offending data
from the server. BookYou will in no case be liable for any
damages resulting from this action.
8.2 The Customer is responsible for the availability and functioning
of the (peripheral) hardware and software, help applications,
configuration and internet connection that he/she uses and for
maintaining a connection to the energy network and other
connections needed for access to and use of the Service.
BookYou is also not responsible neither liable for any loss or
damage of Content or Data that is stored in the memory of the
hardware or on other media where the Customer stores Content
8.3 BookYou is neither responsible nor liable for the content and
operation of Content and Content Services that the Customer
obtains from third parties.
8.4 The Customer is not entitled to correct nor have independent
errors corrected in the software of the Service(s), to make any
adjustments, to transfer to other hardware, to interface with other
hardware and software, to expand functionality independently, to
change parameters or remove securities.
Article 9 – Maintenance and malfunctions
9.1 BookYou will endeavour to let the functioning of the agreed
Service(s) run properly and strive to maximize the availability,
quality and security of the Service. However, BookYou does not
give any guarantee in this regard.
9.2 BookYou reserves the right to modify the technical
characteristics of the Application, or to have them modified in the
interim, in order to improve the functionality and to repair
eventual errors, or have them repaired, or to comply with rules
under, or laid down by, the law. BookYou endeavours to trace
eventual errors in the Application and correct them, or have them
corrected. However, BookYou cannot guarantee that all errors
will be corrected. If a material defect in the functionality of the
Application occurs because of such an amendment, BookYou
will notify the Customer of this in writing or electronically.
9.3 BookYou can, for the benefit of maintenance, decommission the
Application in whole or in part. BookYou will give notice of this
decommissioning timely and in advance, unless it pertains to
short or limited interruptions. BookYou will never be held liable to
pay any compensation to the Customer because of such a
decommissioning of the Service.
9.4 Eventual malfunctions will be examined by BookYou as soon as
possible. BookYou will endeavour to rectify the fault as soon as
9.5 The technical characteristics of the Service and/or the
Application can be amended by BookYou.
Article 10 –Liability
10.1 The liability of BookYou, due to accountability shortcomings in
fulfilling the agreed service, arises only if the Customer places
BookYou immediately and properly in default by claiming a
reasonable period to restore the shortcomings and BookYou,
after that period, remains accountable for not fulfilling its
10.2 BookYou facilitates the BookYou Application, not the actual
Booking or other possible payments of the delivery obligations of
the Customer to third parties or co-users of the Application. The
total liability of BookYou, on whichever grounds, is limited to the
remuneration of direct damages up to the maximum amount paid
for the annual fee of the delivered Service (excluding VAT).
Direct damage is exclusively understood as:
a. damage to software and hardware as a result of
defective or malfunctioning of the Service;
b. material damage to other properties of the other party
and/or third parties.
10.3 Liability by BookYou for indirect damage, which includes
consequential damages, lost profits, staff costs, loss of goodwill,
lost savings, loss of information, corruption or loss of data,
delays in delivery of goods and services, damage due to
business interruptions, damage due to claims of customers of
the Customer and inertia, is always excluded.
10.4 BookYou is not liable for damages to the Customer and/or third
parties that arise from the unauthorized use of the Access
Code(s) and/or authorizations.
10.5 The liability restrictions contained in this Article do not apply if
there is intent or gross negligence.
10.6 The condition for the emergence of any right to compensation
still remains that the Customer must report the damage as soon
as possible (no later than one month) after the occurrence
thereof in writing to BookYou.
10.7 The limitations of liability mentioned in this article apply to all
10.8 The Customer bears the risk for damage caused by defects or
unsuitability of goods or services that come from him or that are
supplied or prescribed by him.
10.9 BookYou is never liable for damages of any nature whatsoever
that arise from or are caused by improper, careless or
incompetent use, or used for other than the normal use of the
services provided by BookYou.
10.10 If, as a result of an event referred to in this Article, more than one
debt arises and the combined claims mentioned in Article 10.2
are in excess of the prescribed limits per occurrence, BookYou is
required only to comply in proportion to the extent of the claims.
Article 11 – Force Majeure
11.1 In the event of force majeure, BookYou is not compelled to fulfil
its obligations to the Customer; respectively the obligation is
suspended for as long as the force majeure lasts.
11.2 Force majeure includes any circumstance beyond the control of
BookYou, thus preventing the fulfilling of its obligations to the
Customer in whole or in part.
11.3 Force majeure is regarded in particular as: terrorism, strikes,
fires, business disturbances, power failures, telecommunications
failures, no or late delivery by suppliers or other engaged third
parties and the absence of any necessary permit and/or license
that must be obtained.
11.4 If there is any force majeure, BookYou will attempt to limit the
inconvenience to the customer as much as possible by finding
an appropriate (alternative) solution in consultation with the
Article 12 – Escrow
12.1 The parties could agree to lodge the (technical) specifications of
the Service(s) of BookYou at a designated escrow agent
appointed jointly by the parties. The costs that are incurred will
be borne by the Client as the beneficiary.
12.2 If BookYou has entered into an agreement with a professional
(semi) active escrow for all the relevant service(s) before, the
parties may agree to declare the Customer as a third beneficiary.
Article 13 – Applicable law
13.1 All offers, tenders and price quotations by BookYou and all
agreements between the Customer and BookYou, as well as
these general terms and conditions and eventual additional
conditions, are governed by Dutch law. If necessary, disputes will
therefore be submitted to the competent Dutch court in
13.2 If any provision of these terms and conditions or of an agreement
is invalid, illegal or unenforceable, the remaining provisions of
these terms and conditions will remain in full force.
Privacy Statement Last revised: May 2012
BookYou takes the privacy of the Customer seriously and will carefully
handle personal information. In this document we have detailed for you how
we handle your personal data and which personal data we process. This
privacy statement applies to all BookYou’s Customers. By acceptance of
this privacy statement, you unambiguously consent to the processing of
these data for the purpose as described in this document.
This privacy statement may change from time to time if new developments
warrant it. You can always find the most current privacy statement on
www.bookyou.com. When we make changes to this statement, the “latest
version” date at the top of the document will be adapted.
1 What does BookYou do?
1.1 BookYou makes an online booking application available.
2 Information applications and objectives
2.1 BookYou processes your personal, traffic and location data first
to deliver the services to you and to realize the payment thereof.
The processing of your data is necessary for the handling of
applications, the use of the Application, the sending of notices,
collecting remunerations, newsletters, user statistics and
commercial customer communications. Without processing your
data, we cannot deliver our services to you.
2.2 Secondly, your data are also used for doing research and the
performing of analysis, or to have it done, with the objective to
improve our service(s) and the website.
3 Collecting of information
3.1 What data are processed?
Personal information is information that can be traced to
individual natural persons. BookYou processes your personal
data first when you sign up as a Customer. That is when
BookYou requests, amongst other things, your name, address,
city, bank account number and e-mail address.
3.2 In order to make use of the services that BookYou offers, a
BookYou account must be created. When such an account is
created, the account holder will provide certain information. Not
all data are hereby required: contact person, country, city, postal
code, telephone number, gender, username, e-mail address and
password are compulsory. These data are sufficient to be able to
use BookYou. When creating the BookYou account, other fields
can also be filled out directly in “user data”, with the objective to
be able to carry out accurate communication. All information
provided is processed by BookYou.
3.3 BookYou collects information that is automatically generated
regarding the use of BookYou by a user. This information
includes the IP address, browser type, the pages visited and
“cookies”, whose use will be explained below:
are stored by the web browser onto a computer. Cookies are
pieces of information that the BookYou server sends to the user
web browser that are linked back to the BookYou’s server at a
next visit. Cookies cannot damage a computer or the files that
are stored on your computer.
b. The cookies store information to make a subsequent use of
BookYou easier. This information contains, besides your IP
address, no name or address or other personal information. The
web browser can be set so that no cookies are received, in which
case it may happen that the user cannot use all the features of
BookYou, or has no access to (subsections of) BookYou.
a public computer.
d. If a user has multiple accounts with BookYou, the computer may
not differentiate correctly between the information. BookYou
advises these users to work with different browsers, such as
Internet Explorer, Google Chrome and Firefox.
e. If a change in the page design is not directly visible on the
associated site, the user must reload the page by pressing
“control + F5” and the link “renew”, at the bottom left of the page.
3.4 BookYou also sells its services via its selected partners. For this
purpose, BookYou can provide your personal information to its
3.5 Conversations between the Customer and BookYou can be
recorded. These recordings have the objective of being
processed with respect to the unambiguous and transparent
commitment of services agreed upon between the parties and
service-related appointments and requested and provided
service information. This recorded information can be provided to
the Customer at the Customer’s request.
4 Protection of personal data
4.1 BookYou will take appropriate technical and organizational
measures to protect (personal) data against loss or against any
form of unlawful processing, in accordance with the Data
Protection Act (WBP)
4.2 The user has the right to truthfully change personal data in the
BookYou account. If BookYou has recorded information about an
account that cannot be changed by a user, we refer you to our
5.1 BookYou reserves the right to place hyperlinks on the website,
whereby the user will be transferred to the website of another
party. This other party could have other regulations, therefore
BookYou does not accept any responsibility or liability for
(the operation and/or content of) third party websites.
5.2 The user can authorize other applications to make use of the
information from BookYou. BookYou has no influence on the
operation of these applications, or what happens to the data of a
user, if use is made of such an application. If a user gives
permission for the use of personal data, it also falls outside the
responsibility of BookYou. This given permission can always be
6 Market research and marketing- and sales activities
6.1 BookYou will process your personal data for market research
and marketing- and sales activities (also after termination of the
contract) for the benefit of BookYou’s own services and BookYou
affiliates. Your data will be processed for (joint) offers, in writing,
by telephone and/or electronically (amongst others, by e-mail).
7. Retention periods
7.1 BookYou will not store your data longer than legally permissible
and necessary for the realization of the purposes for which your
data is processed. How long certain data are stored depends on
the nature of the data and the purposes for which they are
processed. The retention period per data can therefore differ.
7.2 Your information is retained in any case at least for the duration
of the agreement during BookYou’s service.
8.1 BookYou offers the Customer the opportunity to get insight into
the processing of personal data.
General Terms and Conditions BookYou (English)