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Terms and Conditions - Oaky Web App User

Oaky Web App User These terms and conditions, as may be amended from time to time, apply to all our services made available online, through any mobile device, by email or by telephone. By accessing, browsing and using the Oaky web app through whatever platform (hereafter collectively referred to as the “Web application”) and/or by making an upgrade request or filling out a questionnaire, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy policy).

Scope of our service

Oaky offers web applications for the hospitality industry, which upsells upgrades and packages or deals and gathers guest experience information from the web and/or the Web application, and subsequently presents it to the User with useful information about the performance of his business.

When rendering our services, the information that we disclose is based on the information provided to us by accommodation providers. As such, the accommodation providers are given access to an extranet through which they are fully responsible for updating all rates and other information which is displayed on the Web application. Although we will use reasonable skill and care in performing our services 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 website or otherwise), inaccurate, misleading or untrue information or nondelivery of information. Each accommodation provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on the Web application.

This document contains the terms and conditions that apply with respect to that service provided by Oaky. These Terms of Service apply at all times. Please read the following Terms of Service carefully.

1. Definitions

1.1. Oaky, having its registered office in Amsterdam and registered at the Dutch Chamber of Commerce under registration number 59032936.

1.2 Accommodation provider: Any hotel, hostel, serviced apartment or other similar business that is offering the service to their guests.

1.3. User: a natural person or legal entity that concludes an Agreement with Oaky in order to use the Services.

1.4. Agreement: any agreement that is concluded between Oaky and the User that is subject to these General Terms of Service.

1.5. Services: a) making the Web applications available via the Internet; b) other services defined in the Agreement. c) Oaky is not the supplier of the hotel service or any other services supplied by the accommodation provider.

1.6. Account: the User’s personal area of the Web applications.

1.7. Login details: the details, such as Username and password, which must be entered to gain access to the Web applications.

1.8. Terms of Service: these terms and conditions.

1.9. Party: Each party to the Agreement, either Oaky or the User.

1.10. Web applications: the applications made available by Oaky to the User via the Internet.

1.11. Website: oaky.com.

2. Room upgrades

All room upgrade prices on the Web application are the extra costs per room per night added to your previously made booking. The prices are displayed including VAT and all other taxes (subject to change of such taxes), unless stated differently on the Web application.

3. Discounted offers

All discounted offer prices on the Web application are the costs for each discounted offer and are displayed including VAT and all other taxes (subject to change of such taxes), unless stated differently on the Web application.

4. Guest feedback

Any feedback you enter in the Web application will be available only for statistical purposes towards Oaky and our User that commissioned the study. Please see our privacy policy which can be found on https://oaky.com/en/security?page=privacy-policy for more information about how we protect your personal data.

5. Privacy

Oaky respects your privacy. Please have a look at our privacy policy which can be found on https://oaky.com/privacy-pol... for further
information.

6. Free of charge

The service is free of charge to the User. We will not charge you for the service or add any additional (reservation) fees to the room rate. We will not charge your credit card, as you will pay the accommodation provider directly for any request you make in the Web application.

7. Cancellation of requests made via the Oaky web app

You can cancel any room upgrade or discounted offer request from the Web application. In the event that your request is approved and you still wish to cancel it, we kindly ask you to immediately contact the accommodation provider. Please note that you may be charged for your cancellation in accordance with the accommodation provider’s cancellation and no-show policy. We recommend that you read the cancellation and no-show policy of the accommodation provider carefully prior to making your request.

8. Further correspondence

By completing a request from the Web application, you agree to receive (i) an email, which we may send you to inform you whether your request has been approved or denied. Please see our privacy statement for more information about how we may contact you.

9. 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 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 Web application 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 accommodation as made available on the Web application, (iii) the services rendered or the products offered by the accommodation provider, (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 the Web application, or (v) for 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 accommodation (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

10. Intellectual property rights

Unless stated otherwise, the software required for our services or available at or used by the Web application and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by Oaky B.V., its suppliers or providers.

9.1. All intellectual property rights in respect of all the Service software that is made available pursuant to the Agreement, including preparatory material, vests exclusively in Oaky or its licensors. The User shall exclusively acquire non-exclusive and non-transferable rights of use and powers as are explicitly granted hereunder or otherwise and for the rest, the User shall not multiply the Services or other materials or make any copies thereof.

9.2. The User is not permitted to remove or change any marks on the software with respect to copyrights, trademarks, trade names or any other intellectual property rights associated with the software (the Services).

9.3. Oaky is permitted to take technical measures to protect the Service software. If Oaky has secured the software by technical means, the User is not permitted to remove or circumvent such security measures.

11. Miscellaneous

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Dutch law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Amsterdam, the Netherlands.

The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our website (by selecting the English language) or shall be sent to you upon your written request.

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.

12. About Oaky

The Web application is rendered by Oaky B.V., incorporated under the laws of the Netherlands and having its offices at Leidseplein 1-3, 1017 PR, Amsterdam, the Netherlands and registered with the trade register of theChamber of Commerce in Amsterdam under registration number 59032936. Oaky has its headquarters in Amsterdam, the Netherlands.