These General Terms shall govern the relations between LOCKTRIP LTD., a company incorporated and existing under the Bulgarian law, having its seat and registered address at: 78 Alexander Malinov blvd., 4 Mladost residential area, 1799 Sofia, Bulgaria, registered with UIC at the Commercial Registry 204752244, and the Clients of the LockTrip booking marketplace at www.locktrip.com.
Any access to the Locktrip Marketplace and/ or use of any of the functionalities offered by the LockTrip Marketplace are subject to full, unconditional and validly expressed acceptance and confirmation of these General Terms by the respective Client.
The relationship of LockTrip with Accommodation Providers are governed by separate contractual terms
These General Terms constitute the entire Agreement between LockTrip and each Client. which accesses or uses the LockTrtip Marketplace. No other general terms or conditions or agreements shall apply for the relations set herein, unless priorly and explicitly confirmed by LockTrip.
These General Terms shall be always available on the following web address: www.locktrip.com/terms
By confirmation of these General Terms each Client concludes an agreement with LockTrip to use the functionalities of the LockTrip Marketplace and the WebSite, which agreement shall be under the following terms and conditions:
In these General Terms, unless the context otherwise requires, the following expressions shall have the following meanings:
1. LockTrip – shall mean Locktrip Ltd., a company incorporated and existing under the laws of Republic of Bulgaria, with corporate number (UIC) 204752244, having its seat and registered address at: 78 Alexander Malinov blvd., 4 Mladost residential area, 1799 Sofia, Bulgaria.
2. LOC Ecosystem – shall mean the worldwide community of purchasers and holders of LOC, which initially “fueled” the creation of the LockTrip Marketplace by purchasing LOC utility tokens.
3. WebSite – shall refer to the official WebSite of LockTrip www.locktrip.com.
4. Marketplace – shall mean the internet-based bookings ecosystem “LockTrip” accessible and integrated within the WebSite, which offers to Clients different functionalities related to offering, marketing, sale and purchase of Accommodation Services at promotional prices and through innovative payment means and methods.
5.1. Accommodation Services – shall mean any accommodation service provided to Clients, including but not limited to: accommodation in hotel, motel, apartment, bed & breakfast, by landlord and any other travel or related product or service as from time to time available, offered or sold to a Client through the Marketplace.
5.2. Property – shall refer both to the (i) respective hotel/ motel/ flotel room, rental house, rental apartment or other place of temporary / tourist accommodation and to (ii) the entity, which legally administers such Property.
6. Client – shall refer to each natural person or corporate entity or organization of any type, which accesses and/or uses the functionalities of the Marketplace for the purposes of reviewing Accommodation offers; Reservation of Properties and purchase of Accommodation Services; using all sorts of accommodation related services as offered in the Marketplace.
7. Accommodation Provider/s – shall refer to each natural and/ or corporate entity or organization of any type, which is offering and/ or selling Accommodation Services through the Marketplace.
8. Reservation – shall refer to each binding request of a Client, electronically submitted through the Marketplace, to purchase Accommodation Services under given Accommodation offer existing in the Marketplace.
8.1. Refundable Reservation – shall mean Reservation, for which, if cancelled by the Client after the Confirmation, the Client shall be entitled to receive full or partial refunding of the Refundable Costs.
8.2. Refund Period – shall mean the period, in which, after the Client cancels a confirmed Reservation, the Client shall be able to receive full or partial (in accordance with the applicable cancellation & refund policy) refunding of the Refundable Costs.
8.3. Refundable Costs – shall refer to the portion of all costs incurred by the Client in regards to the Refundable Reservation cancelled by the Client within the Refund Period, which shall be subject to refund by either LockTrip or the Accommodation Provider under the applicable cancellation & refund policy.
8.4. Non- Refundable Reservation – shall mean a Reservation, for which, if cancelled by the Client after the Confirmation, the Client shall not be entitled to receive any part of the amounts paid by the Client in regards to such Reservation.
9. Group Reservation – shall be any event in which Client is requesting Reservation of more than 4 rooms in one hotel or motel or other similar Property.
10. Confirmation – shall refer to the confirmation of any Reservation, for which the Client shall be informed through the Marketplace.
11. Rejection – shall refer to the rejection of any Reservation, for which the Client shall be informed through the Marketplace.
12. Accommodation Fee/s – shall refer to the fee/s, due from the Client for any Accommodation Service purchased by the Client through the Marketplace, which are indicated by the respective Accommodation Provider to LockTrip through the API and further displayed in the Marketplace to the Client;
13. Type of the Deal – shall refer to the payment and contractual structure applicable for each respective confirmed Reservation made through the Marketplace, as each for each Accommodation offer shall apply one of the following types of deals:
13.1. Prepaid Deal – shall refer to any Accommodation Services purchased through the Marketplace, where the substantial payments for the Reservation (Accommodation Fee) shall be procured by the Client to LockTrip and Burn Contribution shall be procured trough the Distribution Entity.
13.2. Paid-at-Property Deal – shall refer to any Accommodation Services purchased through the Marketplace, where the Client shall pay an overall gross price to the Property, from which the Property shall deduct the Accommodation Fee and LockTrip shall be entitled to receive and pay, on behalf of the Client the Burn Contribution.
14. Provider’s Policies – shall refer when applicable to the Terms & Conditions established by certain Accommodation Provider, which this Accommodation Provider requires to be explicitly approved by the Client as a condition for considering and approving certain Reservation.
15. LOC – shall mean the utility cryptographic software token on ERC 20 standard with official name LOC.
16. Crypto – shall refer to the crypto currencies different than LOC, which are indicated in the Marketplace from time to time as acceptable payment means.
17. Fiat - shall mean any legal tender.
18. Burn Contribution – shall mean the obligation of each Client, which uses Accommodation Services through the Marketplace to contribute to the LOC Economy by sending to the specified Burn Address an amount of LOC tokens with market value (at the moment of the operation) equal to 3 % of the respective Accommodation Fee. For avoidance of any doubt, the Client hereby authorizes the Distribution Entity to procure the Burn Contribution on account and on behalf of the Client. The ratio of Burn Contributions is further explained in art.II.2 of these General Terms.
19. Burn Address – shall mean a decentralized crypto wallet, intended to remove crypto tokens from circulation.
20. Distribution Entity – shall refer to any legal or corporate entity or organization or a decentralized exchange or a department within LockTrip, which from time to time is publicly announced by LockTrip as duly authorized to procure Burn Contributions, on behalf and on account of Clients;
21. Account – shall mean the personal Marketplace account of the Client, through which this Client shall be able to access the Marketplace and use its functionalities.
22. Basic Data – shall mean the registration data required from the Client for creation of the Account and for accessing the Marketplace, which can be gathered either by Registration or by Social Network Authentication.
23. Additional Data – shall refer to the additional information (including billing information) that shall be requested from the Client for the purpose of unlocking for the Client of the Reservation and payment functions of the Marketplace.
24. Registration – shall refer to the process of creation of Client’s Account and/or verification of Client’s identity directly through the Marketplace, by means of username and password generated through the Marketplace.
25. Social Networks Authentication – shall refer to the process of creation of Client’s Account and/or verification of Client’s identity through the Marketplace integrated internet-based social media such as Facebook, Twitter and Google and others as indicated from time to time by the Marketplace. Upon Social Networks Authentication the Client won’t use Marketplace generated username and password.
26. Sanctioned countries – shall mean each country, state and/ or jurisdiction, which is subject to international sanctions imposed by either the United Nations and/or European Union and/or the United States of America.
28. Force Majeure – shall be any event which is beyond the reasonable control of LockTrip and/ or any Accommodation Provider and which affects the ability of LockTrip and/ or the respective Accommodation Provider to fulfil some of their obligations under these General Terms or adherent to the Accommodation Services purchased. Force Majeure shall include without limitation: natural disasters (earthquakes, floods, fires), pandemic or epidemic restrictions or global or local travel bans; wars, riots, strikes, acts of terrorism, lockdowns, governmental restrictions, transport bans and/ or border closing, Acts of God, suspension of service which LockTrip cannot control such as system shutdown or technical problem caused by LockTrip's supplier, bankruptcy, insolvency or cessation of trade of any carrier and/ or supplier used by LockTrip or other events beyond the reasonable control or remedy of LockTrip.
29. API (Application programming interface) – shall for the purpose of these General Terms refer to a software communication platform, which provides connectivity and communicational channel between LockTrip and the Accommodation Providers.
30. Fixed Taxes – shall include all regulatory taxes, which are in fixed percentage of the respective chargeable payment and typically include taxes imposed over sales of products such as Value Added Tax (EU) or Sales Tax (USA).
31. Variable Fees & Taxes – shall include those fees and charges, which are usually not included in the Accommodation Fee and are usually dependent on various entities and factors, such as resort or hotel policies and tariffs, city and jurisdictional fees and taxes etc. Variable Fees & Taxes shall include but not be limited to: City tax, Tourist tax, Local tax, Municipality fee, Property/Hotel fee, Environmental fee, Resort fee (also known as a facility fee, a destination fee, an amenity fee, an urban fee or a resort charge).
II. GENERAL PROVISIONS
1. LockTrip.com is an innovative travel Marketplace, operating with Crypto and Fiat payments, which offers Clients access to various Accommodation Services and options for promotional prices.
2. The LOC blockchain Economy is created and driven by a community of enthusiasts in a decentralized manner. The same economic model allows LockTrip as an application builder within that LOC Ecosystem to facilitate a business model with much lower margins. Each customer who takes advantage of LockTrip’s product is also essentially utilizing the LOC economy and therefore is obliged to contribute to the community economy through Burn Contributions defined as per art.I.18.
3. By confirmation and acceptance of these General Terms the Client fully acknowledges also the Constitutive Documents and declares that the Client fully understands, accepts and recognizes the economic model behind the Marketplace resulting in all financial obligations and contributions applicable for Clients, which purchase Accommodation Services through the Marketplace.
4. Each Client acknowledges and understands that functionalities of the Marketplace can be used only and until the rules and conditions herein described are fully met by the Client respectively obliged under the corresponding clause of these General Terms.
III. CLIENT’S ACCOUNT
1. Each person can access the Marketplace and review Accommodation Offers available at the Marketplace by using the search functions available. Obtaining a Client’s Account is not necessary for such review. For avoidance of any doubt price levels on each Accommodation Offer shall be accessible for any person only after Registration/ Social Network Authentication is completed under these General Terms.
2. In order for any Client to use the full functionalities of the Marketplace such Client should obtain Marketplace Account either through Registration or via Social Network Authentication.
3. Upon Registration or Social Network Authentication via Oauth, the Client shall freely and willingly provide its Basic Data for the purposes of obtaining a Marketplace Account.
4. LockTrip has full discretion to determine and/or to change the registration requirements and update the Registration process.
5. For the purpose of using additional functionalities of the Marketplace such as making of Reservations, the Client shall also be requested to provide Additional Data. Only after the Additional Data is verified shall the Client be able to use such functionalities.
5.1. By accepting these General Terms the Clients agrees that Client’s nationality declaration is mandatory and must be determined by selecting Client Nationality in the process of submitting Reservation. This information must be in accordance with the Client’s passport.
5.2. Faulty or no declaration of Client’s nationality may cause consequences for which LockTrip cannot be held liable. Therefore, the Marketplace won’t allow any Client to proceed with any Reservation should such Client hasn’t promptly declared their nationality in accordance with the respective instructions on the Website. In case any financial damage occurs due to false nationality declaration, it will be covered by the Client in full.
7. Reservation functionalities and Accommodation Services can be used only by Clients that have full legal and contractual capacity and capability in accordance with the laws of their national jurisdiction.
7.1. Corporate entity shall be considered legally capable if it is dully incorporated and existing under the laws of the country of its incorporation and if the Registration at the Marketplace is conducted on behalf and on account of this entity by its legal representative;
7.2. Legal capability of natural persons shall be in accordance with the laws of their country of nationality and/ or domicile, but in all cases natural person shall not be considered legally capable if it is less than 18 years of age. Persons that meet the jurisdictional age criteria for legal capability shall be considered capable, until proven otherwise.
7.3. Each Client, if legally capable under the laws of its jurisdiction of seat, domicile and/ or nationality, shall be solely responsible to check and ascertain if it is also legally capable under the laws of any other jurisdiction, where Property and other Accommodation Services shall be used by this Client trough the Marketplace. LockTrip shall not be in any way responsible if any Client is in violation of any such jurisdiction legal capability laws and regulations and/ or if such Client cannot use any Accommodation Service reserved and/ or paid due to incapability.
8. Each Client is obliged to access its Account only personally or through duly authorized representative.
9. For avoidance of any doubt, all actions or omissions registered from the Account of certain Client shall be considered actions or omissions of this Client until duly proven otherwise.
10. LockTrip shall ensure that the access data for each Account is provided solely to the respective Client holding this Account and is generally not visible by any other entity of person.
11. Notwithstanding the above obligations of LockTrip, the Client will be solely obliged to keep its access data protected and LockTrip bears no liability whatsoever for any misuse of Client’s Account by an unauthorized third party or any other unauthorized actions performed through the Account of the Client by such third party.
IV. ACCOMODATION OFFERS
1. Various Accommodation Offers are accessible at the Marketplace as each Accommodation Offer shall contain the information on the Property and Accommodation Services provided by the respective Accommodation Provider.
2. Only Accommodation Offers of professional Accommodation Providers shall be available at the Marketplace.
3. LockTrip shall not be held responsible for the content of the Accommodation Offer. Should at any point in time LockTrip has reasonable suspicions that certain Аccommodation Оffer either: (i) contains false or misleading information, or (ii) is related to crime or administrative violation, or (iii) has content that is contradictory to the Marketplace Ethical Policies under Section XIV, or to the clauses of these General Terms, LockTrip has the full right to suspend the publication and availability of any such Offer, until proven otherwise.
4. LockTrip shall have the right to also suspend or delete any publication of Аccommodation Оffer in case of:
4.1. LockTrip receives act of competent court or other legitimate administrative body requesting suspension or deletion of such offer;
4.2. any third-party infringement claims related to infringements of such third parties legal interests related to such offer, unless proven that such claims are not brought to the attention of and/or supported by the competent court or jurisdiction.
1. Clients shall have the option to review Accommodation Offers available at the Marketplace, as well as to select, reserve and purchase certain Accommodation Services by making of a Reservation through the Marketplace.
1.1. The Client hereby acknowledges that Reservations will be completed only based on the necessary Basic and Additional information provided by the Client;
1.2. LockTrip or Accommodation Provider has the right to reject or cancel any Reservation if it is established that the Client has provided false, misleading and /or inaccurate information. If such act of the Client might constitute a fraud or other crime, LockTrip has the full right to report such suspicions to the competent authorities.
2. Client can select an Accommodation Offer and choose between all variable options for Accommodation Services existent in such offer before finalizing the Reservation. Before completion of the Reservation process the Marketplace will indicate:
2.1. the amount of the Accommodation Fee, with all Fixed Fees included and with the amount of the Burn Contribution included;
2.2. All Variable Fees and Taxes to the extent indicated in art.VI.4.6.1;
2.3. Type of the Deal.
3. When the Client selects the required Accommodation Services, the Client will submit the Reservation by clicking on the respective button, available on the WebSite.
4. Submitting of a Reservation shall be only considered as a request for delivery of Accommodation Service under the conditions specified in accordance with art.V.2, but will be binding for LockTrip or for the respective Accommodation Provider only upon Confirmation of such Reservation. No obligations for delivery of any Accommodation Service shall arise for LockTrip or any Accommodation Provider until the respective Reservation is confirmed through the Marketplace.
5. After Confirmation, Reservation can be cancelled by the Client only if cancellation option is available for the respective Accommodation Offer. When cancellation option exists, it will be exercisable under the terms indicated in the Marketplace for the respective Accommodation Offer and for the respective cancellation fees and/ or penalties (when such fees or penalties are fixed as a condition for cancellation).
6. Certain Reservations shall be valid and considered completed only if and when the Client confirms the respective Provider‘s Policies, when this Accommodation Provider explicitly requires such confirmation. LockTrip won’t be held liable for any clauses, terms, conditions or regulations in such Provider’s Policies, even if such clauses, terms and conditions or regulations are contradictory to these General Terms or to any law or regulation active in any jurisdiction.
7. Only Accommodation Offers displayed on the WebSite can be selected and booked through the Marketplace. The electronic process for making new Reservations, or modifying or cancelling existing Reservations must be followed to ensure that LockТrip receive all Client’s requests. LockTrip won’t be responsible if certain Reservation or other communication is not received due to any Client not followed the respective process.
8. Reservations can be submitted entirely and only through the WebSite under the procedure displayed and in strict observance of the steps proposed and by choosing the options offered at each step (if different options exist). Any other type of bookings, reservation or requests, including made by phone, fax or email will not be accepted and not be treated valid. LockTrip will not honour any rate certain Client can potentially claim to have obtained in any way other than through the Marketplace.
9. All Reservations for Properties located in any Sanctioned country must be consistent with applicable restrictions. No refunds will be made or liability incurred with respect to any travel arrangements, or related payment arrangements that are prohibited under the respective applicable law.
10. The Client acknowledges that different terms may apply for completion, Confirmation and payment of its Reservation depending on the Type of the Deal. The applicable terms shall be determined by the Type of the Deal indicated through the process of Reservation as:
10.1. If the Reservation is structured as Prepaid Deal the specific rules of Appendix 1 shall apply.
10.2. If the Reservation is structured as Paid-at-Property Deal the specific rules of Appendix 2 shall apply.
11. Group Reservations shall not be allowed in the Marketplace. However, in case any Client uses the Marketplace to make any Group Reservation, such Client shall become liable for all additional penalties and costs that may be levied by the Accommodation Provider and/or LockTrip. The original Reservation shall thereafter be invoiced as a Group Reservation with the inclusion of all such applicable charges (if different).
12. Reservations can be made only for Client’s own accommodation needs. Speculative Reservations (reservations made with resale intentions and or results) are not allowed and if such case if discovered, LockTrip and/ or the Accommodation Provider / Property shall have the right, depending on the moment, to reject or cancel such Reservation or to seek damages and/or lost profits. When such cancellation is for Non – refundable Reservation, the Client shall have no right to seek repayment of any amounts prepaid for this Reservation and neither LockTrip, not the Accommodation Provider shall be obliged to refund any such payments.
13. For all confirmed Reservations the Marketplace shall generate and provide the Client with an electronic voucher containing all the information relating to the Reservation, as follows:
13.1. Property information: Name, category, address, location and telephone number.
13.2. Client’s information: Reservation owner (or lead end consumer) and at least one pax name per room. In the event of reservations with one room, the holder name is sufficient.
13.3. Reservation information:
a. LockTrip reference for the reservation, and agency reference, if applicable;
b. CheckIn and CheckOut dates;
c. Room type and meal arrangement;
d. Rate comments if applicable;
e. Type of the Deal.
14. Upon Confirmation of the Reservation a Reference number will be generated automatically by the Marketplace and indicated in the Voucher.
15. Cancellation and Refunding policy
15.1. Cancellation of Reservation by the Client and eventual refunding shall be subject to the conditions of the respective Accommodation Offer, on which Reservation was completed and the Type of the Deal.
15.2. Cancellations shall be considered valid only if procured through the Marketplace.
15.3. Upon cancellation of Refundable Reservation the Client shall be entitled to seek full or partial (depending of the timing of Cancellation) refunding of the Refundable Costs only within the Refund Period. Once the Refund Period has expired the Reservation shall be treated as Non – Refundable Reservation.
15.4. In the event that the Client seeks a full or partial (depending on the timing of Cancellation) refunding of the Refundable Costs within the Refund Period and has initially paid for the Refundable Reservation with United States Dollars (USD), EURO (EUR), British pounds (GBP) or other FIAT currencies implemented in the Marketplace, the refund will be initiated in the same respective FIAT currency.
15.5. In the event that the Client seeks a full or partial (depending on the timing of Cancellation) refunding of the Refundable Costs within the Refund Period and has initially paid for the Refundable Reservation with Crypto, LOC or other cryptocurrencies which are indicated in the Marketplace as acceptable payment means, the refund will be initiated with USDC/USDT stablecoins due to cryptocurrency price/value volatility and regulatory requirements.
15.6. The Client acknowledges that certain Refund Periods can be structured on time stages, as if the Cancellation is made after occurrence of certain date/s, the amount of the Refund Costs shall decrease.
15.7. In each Property and/ or Accommodation service available, the Marketplace shall display if the Reservation is Refundable or Non- Refundable, as well as the Refund Period. Such information together with the Refund Costs shall be also provided upon Confirmation.
15.8. The Client shall have no right to receive back any part of the amounts paid by such Client in regards to a Non – Refundable Reservation which was cancelled by the Client.
16.1. No-show by the Client in due time without prior warning shall be considered a Cancellation and it can be charged with cancellation fees and/ or penalties as well as the Client acknowledges that no Refunding might apply.
16.2. If the Client has late or delayed arrival on the check-in date or only arrive the next day, the Client is obliged to timely communicate this with the Property so they know when to expect the Client and to avoid cancellation of Client’s Reservation or charge of the no-show fee. LockTrip does not accept any liability or responsibility for the consequences of Client’s delayed arrival or any cancellation or charged no-show fee.
17. Modifications of Reservations
17.1. Modification of confirmed Reservation can be made by the Client only to the extent allowed under the terms of such Reservation.
17.2. Any modification may be a subject to new prices and special conditions. In certain cases, name or any other changes are not permitted and the booking may need to be cancelled and re-booked. In this case new prices may apply.
17.3. If not explicitly stated that modifications are not allowed, Clients will most probably be able to change certain parameters of their Reservation, however, charges will apply. LockTrip does not charge Reservation amendments handling fee.
18. Special requests
The Client can inform for special requests (for example, dietary requirements, cots or room location) through the Marketplace. Such requests will be forwarded to the Property. However, the Client fully acknowledges that neither LockTrip, not the Accommodation Provider shall held responsible if such cannot be fulfilled.
VI. PRICES & FEES
1. Each Client shall use the Accommodation Services available at the Marketplace only against full and correct payment of all fees and contributions indicated in these General Terms and in the WebSite.
2. Accommodation Fee
2.1. The Accommodation Fee will, after due Registration of the Client, be duly indicated in the Marketplace for each Accommodation Offer and can vary depending on different room options, food & additional services options and other variables related to the respective Property.
2.2. The Accommodation Fee shall be with all Fixed Taxes included and with all other fees and costs chargeable by LockTrip, unless if and when stated otherwise in the Marketplace.
3. Burn Contribution
3.1. Each Client shall be obliged to deliver in favor of the LOC ecosystem Burn Contribution amounting to 3 % of the amount of each Accommodation Fee payable by such Client for Accommodation Service purchased through the Marketplace.
3.2. By confirmation of these General Terms and by submitting of each Reservation through the Marketplace the Client duly authorizes the Distribution Entity to deliver the Burn Contribution to the Burn Address as indicated in these General Terms.
3.2.1. When the Client delivers the Burn Contribution in LOC, the Distribution Entity shall directly send the Burn Contribution to the Burn Address;
3.2.2. When the Client delivers the Burn Contribution in Fiat or any Crypto different than LOC, the Distribution Entity shall be considered authorized by the Client to exchange the Fiat or Crypto amount for LOC and send the received LOC to the Burn Address. By this act the Burn Contribution obligation of the Client shall be considered duly delivered.
4. Price indications
4.1. Prices displayed at the Marketplace are liable to change at any time, but changes will not affect the Accommodation Services in respect of which the Client has received a Confirmation. LockTrip reserves the right to vary prices after Confirmation has been given only in the case of variations in taxes, VAT or other conditions beyond its control, as well as in case of exchange rate variations in excess of 3%, changes in the periods of trade fair events by hotels or similar situations.
4.1.1. While LockTrip try and ensure that all rates on the WebSite are accurate, errors may occur. LockTrip and/ or the Accommodation Provider will be under no obligation to provide Accommodation Services to the Client if an incorrect rate has been stated.
4.1.2. Reservations made for special event periods may incur special booking conditions and rates. The Client will be notified if these conditions and rates apply at the time of the Reservation.
4.2. Prices on all Accommodation Offers, for all Accommodation Services and all related fees and contributions under these General Terms shall be indicated in United States Dollars (USD) and upon selection by the Client prices can also be indicated in EURO, British pounds (GBP) as well as in the other fiat currencies implemented in the Marketplace. Prices in these currencies are displayed based on data provided by the API administrator.
4.3. In case of payment in any different Fiat currency or in any acceptable Crypto currency, the respective payment shall be calculated and charged under the following exchange rates applicable up to the moment of such payment:
4.3.1 For Fiat payments – under the exchange rates offered by the respective payment processor;
4.4.2. For Crypto payments – in exchange rates offered by the respective Crypto processor;
4.4.3. For LOC payments – in exchange rates offered by the relevant cryptocurrency exchanges, where LOC is being traded on.
4.5. LockTrip shall not and cannot be held responsible for any differences resulting of such exchange rates, which the Client might consider negative.
4.6. LockTrip shall to the maximal extent possible provide indication for all Variable Fees and Taxes, as well as other additional fees and taxes that apply for any payment.
4.6.1. However, LockTrip shall not be held responsible if LockTrip cannot provide the Client correct information or cannot provide any information on certain Variable Fees and Taxes, should such impossibility of LockTrip results from certain Accommodation Provider is not providing the corresponding information or provides incorrect or misleading information. In such cases LockTrip shall not be held liable for any damages or loss profits incurred as a result of payment of any such taxes and/ or fees.
4.6.2. LockTrip shall also bear no responsibility in cases of amendments in tax and/ or travel/ tourist regulations in any jurisdiction which result or can result in changes in any Fixed Taxes, Variable Fees and Taxes and other taxes of statutory fees. In some countries, there is a local tax known as "visitors' tax", “city tax” "tourist tax" (or similar) and other fees including (but not limited to) resort fees or service charges, which shall be paid directly by the end consumer at the accommodation establishment and/or at the airport. LockTrip shall use reasonable endeavours to provide, at the time of Reservation, an estimation of the applicable fees and/or local tax(es) attributable to each individual booking and payable at the time of booking and/or locally on arrival (“Local Tax/Fee Estimation”). Notwithstanding the foregoing, LockTrip does not warrant that the Local Tax/Fee Estimations shall be accurate and the Client hereby acknowledges and agrees that the Local Tax/Fee Estimations are provided as estimates only. The Client further acknowledges that Local Taxes and Fee Estimations, may change from time to time. As a result, LockTrip cannot be held liable for any loss, costs or damages incurred as a result of the provision of such Local Taxes/Fee Estimations. Confirmation of and the accuracy of the Local Taxes/or Fee Estimations is ultimately the responsibility of the Client.
4.7. The price does not include any service not specified in the Reservation Confirmation.
4.8. Based on the selections made by the Client for type of Property and Accommodation Service required, length of the stay (number of nights), number of persons, the Marketplace (based on the information received by the Accommodation Provider through the API) will indicate total Accommodation Fee which will include all these parameters preselected by the Client. Price does not include any extra services such as telephone calls, insurance, laundry service, minibar, parking, etc., which shall be paid by the Client separately to the respective provider.
4.9. The following items could be excluded from the price: (i) any refundable deposits which may be required by Accommodation Providers, (ii) non-refundable fees for services (i.e. cleaning services, Wi-Fi etc) and (iii) Variable Fees & Taxes (including local taxes). These should be paid by the Client at arrival if applicable. Any of these items should always be informed at the time of Reservation and written in the voucher.
4.10. Both price and availability of the selected Accommodation Service may be subject to change before confirmation of the Reservation.
4.11. Not all of the prices displayed in the Marketplace are applicable for the local market. In addition, some other markets may be affected and, in such cases, the respective Accommodation Provider is within their rights to change the price without prior notice.
1. Any payment made to or facilitated by LockTrip for and on behalf of the Client, will in each case constitute a payment of (part of) the Accommodation Fee and other fees and contributions under these General Terms and the Client shall not be able to reclaim such paid monies, except in the cases explicitly mentioned in these General Terms.
2. Prepaid Deal
When the Client purchases a Prepaid Deal all payments for Accommodation Fee and Burn contribution shall be charged and procured under the procedure set in Appendix 1 (“Prepaid Deal”) to these General terms.
3. Paid-at-Property Deal
When the Client purchases a Paid-at-Property Deal all payments and contributions shall be charged and procured under the procedure set in Appendix 2 (“Paid-at-Property Deal”) to these General terms.
VIII. SUSPICIOUS OPERATIONS AND PAYMENTS
1. Should at any point in time LockTrip has reasonable suspicions that certain actions or operations are procured by the Client (from the Account of the respective Client) in the Marketplace either: (i) are unauthorized or (ii) payments are from illegal or illegitimate source, or (iii) are related to crime or administrative violation, or (iv) operations and/ or payments might be procured without the actual knowledge of the Client, or (v) certain action and/ or operation is contradictory to the Marketplace Ethical Policies under Section XIV, or to the clauses of these General Terms, LockTrip has the full right (but not the obligation) to immediately and cumulatively take the following actions (until otherwise proven):
a/ suspend or cancel any such suspicious action and/or operation to the extent possible;
b/ block and retain any outstanding payment to the extent possible;
c/ remove any infringing content;
d/ duly inform competent authorities and banking and financial institutions;
e/ conduct private investigation and request any additional information by all interested parties.
2. LockTrip shall have the rights under art.VIII.1 above also in case of:
2.1. LockTrip receives act of competent court or other legitimate administrative body requesting any such actions;
2.2. any third-party infringement claims related to infringements of such third parties legal interests related to such actions, payments or operations, unless proven that such claims are not brought to the attention of and/or supported by the competent court or jurisdiction.
3. For avoidance of any doubt any rights of LockTrip under art.VIII.1 of these General Terms shall not waive the obligations of the Client under art.III.11., nor shall such rights exclude the disclaimer of LockTrip under art.III.11. Furthermore, LockTrip shall not be held responsible if it decides not to make use of or exercise its rights under art.VIII.1 above.
IX. CLIENT’S OBLIGATIONS. COMPLAINTS POLICY
1. The Client shall be liable for obtaining all the documentation required at specific foreign destination, such as visas, ID’s, passport, medical documents, etc. and Locktrip shall not be liable for any circumstance or expense incurred due to lack of documentation or non-compliance of requirements.
2. The Client hereby undertake and commit that the Client will in all cases use any rented Property with the due care and to:
2.1. keep it safe, intact and sanitary;
2.2. dispose with any garbage to the marked places;
2.3. inform the Property administrator in any case of problems, including such that can potentially harm or damage the integrity of the Client, any other person’s or the Property itself;
2.4. make sure that the Client, nor any of their guests, or anyone they allow onto the Property do not damage the Property or any other part of the premises they have access to, including the common area, restaurant, SPA, pool, or backyard or others;
2.5. respect any of the other visitors peace and quiet;
2.6. observe all internal rules, applicable for such Property.
3. The Client shall be obliged to carefully read all the reservation, cancellation and refund policies of an Accommodation Provider or Property, which are applicable for the Reservation such Client is making through the Platform.
4. For avoidance of any doubt, the Client shall carry with him/her/ all his/her luggage and personal belongings when travelling by land, irrespective of the location within the vehicle where these are stowed, and that such luggage and personal belongings are carried at his/her own risk. Clients are recommended to be present during handling, loading and unloading of any items of luggage.
5. With regard to transport of luggage by air, by rail, by sea or by river, the general terms and conditions applicable to the applicable transportation companies shall apply, with the ticket being the binding document between the aforementioned companies and the Client. In the event of any damage or loss, the Client shall at that time make a claim to the applicable transportation company.
6. In any case LockTrip Ltd. will not be responsible for the Client’s luggage.
7. Complaints Policy
7.1. LockTrip shall use reasonable endeavors to ensure that Accommodation Providers/ Properties accept liability and indemnify, when reasonably applicable, from and against any claims of its Clients arising from the delivery of the Accommodation Services. Therefore, LockTrip hereby commits to ensure that, when possible, the Client files any claim for the Accommodation Services directly with the Accommodation Provider/ Property, which will be the only liable for the complaint. The Client also acknowledges that Locktrip has no control over the delivery of any part of the Accommodation Services.
7.2. LockTrip shall use reasonable endeavours to administer any complaints received by Clients to the respective Accommodation Provider/ Property.
7.3. The Client is obliged to draft their complaint in not more than 7 days after the end of the planned use of the respective Accommodation Services.
7.4. Complaints should be drafted in English and should contain full, clear and understandable description of the events and reasons that give rise to the complaint.
7.5. Complaints shall only be submitted in accordance with the instructions indicated in the WebSite and only to the communication channels as indicated in the WebSite.
X. REPRESENTATIONS & WARRANTIES OF THE PARTIES
1. Representations and Warranties of LockTrip
1.1. LockTrip hereby declares and guarantees that it is duly incorporated and validly existing under the laws of its jurisdiction of incorporation and has full corporate power and authority to carry on its business.
1.2. LockTrip has the legal right, full power and authority and all necessary consents to establish these General Terms and to enter into and perform LockTrip’ obligations under these General Terms.
2. Representations and Warranties of the Client
2.1. The Client hereby declares and guarantees that it has full legal and contractual capacity and capability under art.III.5. of these General Terms.
2.2. The Client hereby declares and guarantees that it has full legal capacity and all necessary rights to enter in the agreement contemplated in these General Terms and to fulfil its obligations under these General Terms and under the accommodation offers and Accommodation Agreements executed through the Marketplace.
2.3. The Client hereby declares and guarantees that it will always provide true, correct, full and actual data upon its Registration as well as anytime it makes Reservation through the Marketplace and shall always keep such data in its Account true, actual and updated.
2.4. The Client hereby declares and guarantees that it has full right and authorization to use all bank accounts, Bank Cards, Wallets and/ or other payment means the Client indicated as its Billing information for the purpose of covering all due amounts and contributions under these General Terms.
2.5. The Client further guarantees that it will always use only legitimate payment sources and means and will register and provide in its Account only its personal, true and correct payment & bulling information.
XI. LOCKTRIP DISCLAIMERS
1. Financial and Contractual Disclaimers
1.1. LockTrip cannot and shall not be held liable or responsible in case of any breach or non- fulfilment of any Accommodation Provider or Property to fulfil any Reservation or provide any Accommodation Service.
1.2. LockTrip cannot and shall not be held liable or responsible for any payments lost by any Client as a result of fraud, fishing, hacker attacks and/ or any other malicious and/or criminal activity, nor in case of any disputes between Client and Accommodation Provider.
1.3. Furthermore, LockTrip shall hold no responsibility whatsoever in case of due remittance or withholding of any payment by any Accommodation Provider/ Property, which act is disputed by Client by reason of any claimed breach or non – fulfilment against the respective Accommodation Provider.
1.4. LockTrip shall not be liable to the Client for any indirect, special or consequential loss, including economic loss, which term shall include, but not be limited to, loss of profits, loss of use of profits, business, revenue, goodwill or anticipated savings.
2. Technical & Security Disclaimers
2.1. LockTrip shall not be responsible for any cyber-attacks and/ or viruses, data thefts, ransomwares, malware attacks, fishing, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing, fail of service providence or any of the like during the use of Marketplace functionalities, data charges, other fees and taxes associated with Client’s access and use of the Marketplace.
2.2. LockTrip shall not be responsible in cases of unauthorized and/ or malicious acts of third-parties accessing and/ or operating with any Client’s bank account or Wallet without the necessary permission.
3. Regulatory Disclaimers
3.1. These General Terms comply with the applicable laws as indicated in Section XVI below. LockTrip cannot and shall not be held liable and responsible for non – compliance with the laws of any other jurisdiction from which the respective Client is accessing the Marketplace.
3.2. Each Client shall presumptively be considered fully aware with the laws and regulations of the jurisdiction, from which such Client is accessing to the Marketplace. If such laws and regulations of such jurisdiction are fully or partially contradictory to certain operation and/ or action the Client is performing or intend to perform on the Marketplace, this Client shall be considered not allowed to perform such action and/ or operation.
3.3. In all cases the Client will be fully responsible for any actions or operations performed in breach of art.XI.3.2. above and shall in accordance with Section XIII fully indemnify LockTrip for any damages and/ or lost profits
4. Force Majeure
4.1. In no case LockTrip will be held liable for failure to perform in a timely manner any obligation under these General Terms should an act of Force Majeure occur.
4.2. LockTrip shall immediately announce the occurrence of Force Majeure event through the WebSite or through any other available communication means, unless when the Force Majeure event affects the communication abilities of LockTrip or unless such Force Majeure event is notorious or publicly -known.
5. Client’s default disclaimers
LockTrip Ltd. shall not be hold liable for any acts and/ or omissions any Client in violation of any law, rule, regulation, contract and/ or these General Terms. In any case of such breach or non – performance LockTrip and/or the Accommodation Provider has the right to automatically cancel such Client Reservations with no right of the Client to any compensation whatsoever.
6. Specific Disclaimers
6.1. LockTrip shall not be liable for any acts, omissions, breaches or negligence of any such independent businesses or any damages or expenses resulting from the Accommodation Services provided by certain Accommodation Provider or Property, including but not limited to damages resulting from death, injury, illness, damage, loss, accident, theft, delays or any other irregularity or quality issues which may arise (i.e. delays, overbookings, etc.), whether directly or indirectly, from the supply of Accommodation Services by Accommodation Providers/ Properties.
6.2. LockTrip has taken reasonable care to ensure the content of all Accommodation Offers is correct. The Client however acknowledges that content of such offers is made available to LockTrip Ltd. by third party - suppliers. All product content is prepared in good faith but the Client acknowledges that LockTrip cannot check the accuracy of all information provided by Accommodation Providers or third party-suppliers. The Client acknowledges that such offers content is subject to amendment at any time without notice. LockTrip Ltd. has no direct control over the third party suppliers of products and will not be liable in the event that any services or facilities are changed or withdrawn.
XII. AGGREGATE LIABILITY AND CLAIMS LIMITATIONS
1. Claims limitation
For any claim, for which LockTrip is not disclaimed from liability under these General Terms and/ or under the applicable law, LockTrip shall be liable only if:
1.1. LockTrip is in intentional or gross negligent breach of any of its obligations under these General Terms; and
1.2. if such claim is made by the Client in not more than 15 days after the check-out date as the event giving rise to such claim or, in case of series of events, the first such event which gives rise to such claim.
2. Aggregate liability
LockTrip maximum liability to each Client for any reasonable and foreseeable loss, damage or liability which the Client/s may suffer or incur as a result of LockTrip Ltd. failure, breach of contract, or the deliberate or negligent acts or omissions of any of LockTrip employees, shall be limited to the sum of the Accommodation Fee and the Burn Contribution procured on the respective Reservation.
1. The Client hereby agrees to indemnify, defend and hold LockTrip Ltd. harmless from and against any loss or liability, including legal expenses, arising out of any and all claims, demands, debts, damages, consequential damages, losses, actions, suits, expenses or costs arising out of or in connection with incurred damage or loss in any way sustained or alleged to have been sustained in connection with the Accommodation Services purchased under these General Terms due to any negligent act, failing or omission on the part of Client and/or other persons, using these services together with the Client and/or any such third party.
2. In case the Client or any member of its party behave in an inappropriate manner or cause damage, distress, offence or injuries to others or if the Client’s actions risk damage to persons or property of others including the Accommodation Provider’s or third parties, the Client will bear the full consequences and costs of eventual actions taken against the Client by Locktrip, the Accommodation Provider or competent authorities.
3. Should Locktrip be held liable for any costs, damages, fines, fees etc. as a consequence of the Client’s or a member of its party’s actions by the Accommodation Provider or by third parties (including legal authorities), the Client shall fully indemnify and hold Locktrip harmless from any of such claims (including legal fees incurred by Locktrip in order to defend itself).
4. The Client will be liable for any loss or third -party claim, including cancellation charges LockTrip may incur as a result of any incomplete or inaccurate details in the Reservation.
XIV. MARKETPLACE ETHICAL STANDARDS
1. Each Client commits and undertakes to comply with the Marketplace Ethical Standards when accessing the Marketplace and the WebSite.
2. Each Client shall be obliged:
2.1 not to behave inappropriately, nor to publish or try to publish illegal or inappropriate content;
2.2. not to use its Account for promoting hate speech, terrorism, violence or any criminal or discriminatory activities;
2.3. not to upload or try to upload any content, which might be harmful for third parties or to the Marketplace or can potentially infringe any third-party IP rights.
XV. OTHER REGULATORY PROVISIONS
1. By confirmation and acceptance of these General Terms, each Client explicitly declares that this Client:
1.1. Is not in any way involved in money – laundering and/ or terrorist financing and/ or any other criminal activity;
1.2. will not use any of the Accommodation Services for any of the activities under art.XV.1.1. above or for any other criminal or illegal activity and will always observe the applicable laws and regulations;
1.3. will use only authorized and legal payment means;
1.4. will use and pay only with funds from legitimate source;
1.5. will provide only true, correct and adequate information for any of the circumstances above, when requested by LockTrip.
2. If in any moment LockTrip has reasonable suspicion that either the Marketplace or any Accommodation Service offered or purchased through the Marketplace is used for illegal activities, LockTrip will have the right to initiate any of the actions below:
2.1. suspend any delivery of Accommodation Services to the suspected Client;
2.2. require any additional information and/ or documents from such suspected Client;
2.3. report immediately to the competent authorities and provide any information available for the suspected Client and the relevant operations performed by such Client.
3. Whenever the European Package Travel Directive must be applied due to the intention to include any of the Accommodation Services provided in a package, the Client undertakes to strictly comply with the Package Travel Directive and/or any legislation that develops, adds to and, when appropriate, replaces them, delivering or enabling the delivery of all the appropriate information to the end consumer, requesting its signature and approval of the package travel conditions when necessary.
4. Intellectual property
4.1. Unless stated otherwise, the software required for the services, provided by the Marketpolace or available at or used by the Marketplace and the intellectual property rights (including the copyrights) of the contents and information of and material on the Marketplace are owned by LockTrip.
4.2. LockTrip exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Marketplace on which the service is made available (including the guest reviews and translated content) and the Client is not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or LockTrip brands and trademarks without the express written permission of LockTrip. To the extent that the Client would (wholly or partly) use or combine LockTrip’ (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Marketplace or any (translated) content or guest reviews, the Client hereby assign, transfer and set over all such intellectual property rights to LockTrip. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of the intellectual property rights (including copyright and database right) of LockTrip.
XVI. APPLICABLE LAW
These General Terms shall be governed by and construed in accordance with the Bulgarian laws, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.
1. All disputes between Users related to any Reservation, deal, Accommodation Agreement and/ or other relations between them shall be separately and independently resolved between these Users and LockTrip shall be held harmless of any such disputes.
2. All claims and disputes affecting LockTrip under these General Terms shall be with the exclusive jurisdiction of the competent courts in Sofia, Bulgaria, unless any conflicting or prevalent regulation set the venue elsewhere.
XVIII. ELECTRONIC STATEMENT
1. The Client acknowledges that by the act of clicking or ticking on the respective field on the WebSite, where it is described that the Client read, understood and confirms/ approves these General Terms, shall constitute an electronic statement for acceptance, signing and confirmation of these General Terms on behalf of the Client.
2. These General Terms are available at www.locktrip.com/terms and can always be downloaded in pdf. format by the Client and stored on its device.
XIX. MODIFICATIONS AND AMENDMENTS
1. LockTrip shall be fully entitled to modify and/ or amend these General Terms whenever LockTrip finds this suitable and necessary.
2. Any change and/ or modification shall be announced on the WebSite as changes and updates shall become effective not less than 7 (seven) days as of the date of such announcement.
3. Each User shall be considered as duly agreed with changes in these General Terms as of the date of expiry of the period under art.XIX.2 above.
1. The Client hereby agrees that if any portion of these General Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. Parties shall negotiate in good faith in order to agree on the terms of a mutually satisfactory alternate provision, which shall, to the furthest possible extent, produce the same effects.
2. Thеsе General Terms are drafted and approved in English.
3. Appendix 1 (Prepaid Deal) and Appendix 2 (Paid-at-Property Deal) constitute an inseparable and integral part of these General Terms and are approved by the Client together with the consent and approval of these General Terms.
4. No failure or delay by LockTrip in exercising any right, power or remedy under these General Terms shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy, nor shall constitute moratorium or novation of its obligation.
5. No one other than a party to these General Terms, their successors and permitted assignees, shall have any right to enforce any of its terms.
6. LockTrip contact data shall be always available at the WebSite.
I, the Client, have read and understood and I hereby accept all the terms and conditions set here above.
1. Each Reservation, which is processed and paid as a Prepaid Deal shall be also subject to the specific clauses of this Appendix 1 of the General Terms.
2. For avoidance of any doubt the entire General Terms (including this Appendix 1) shall fully apply and regulate the Prepaid Deals with the exception of Appendix 2, which shall not be applicable for the Prepaid Deals.
3. In Prepaid Deals the Accommodation Fee thus indicated through the API shall be used by LockTrip as a basis for calculation and charging of the Burn Contribution.
1. Upon Reservation made on a Prepaid Deal, the Client shall be obliged to pay in advance to LockTrip the full amount of the Accommodation Fee with all Fixed Taxes included;
2. Upon such Reservation the Client shall be also obliged to make the Burn Contribution through the Distribution Entity.
3. All other Variable Fees and Taxes and other expenses out of the payments under art.II.1. and art. II.2. of this Appendix I shall be covered by the Client at the respective Property under the respective rules for their payment.
4. The Client acknowledges that full and due performance of the obligations under art.II.1. and art. II.2. of this Appendix I shall be condition for validity of the Reservation. If the payments under art.II.1 and contribution under II.2. of this Appendix I are not procured by the Client, LockTrip shall have no obligation to accept the Reservation and can reject it.
5. The Client shall receive invoice for the paid Accommodation Fees in 5 -days period after the payment is processed. Purchase Receipt can be issued upon request at any moment after a successful payment has been made and the Reservation has been confirmed.
1. The Client hereby understands and acknowledges that submission and prepayment of the Reservation shall constitute only a request for the respective Accommodation Service, but shall be not binding until the Client receives Confirmation of the Reservation.
2. If LockTrip is not able to ensure the Property/ Accommodation Service required with the Reservation, LockTrip has the option to:
2.1. Offer an equivalent Property / Accommodation Service to the Client;
2.2. Reject the Reservation.
3. If the Reservation is Rejected and/ or the Client rejects the offer of LockTrip under art.II.2.1. of this Appendix, LockTrip shall refund to the Client, in period not exceeding 7 days as of such event, all amounts paid by the Client and shall also ensure that the Distribution Entity shall return the amount of the Burn Contribution.
However, the Client hereby accepts that any fees collected by either Payment processor and/ or Crypto processor shall not be refunded.
4. If the Client confirms the offer of LockTrip under art.II.2.1., LockTrip and the Distribution Entity shall be obliged to return amounts to the Client only if the price of the equivalent Accommodation Service is lower. In such case the amounts to be returned shall be equal to difference between the prices and fees due for the initially requested Accommodation Services and the Accommodation Services actually purchased.
5. In extreme circumstances LockTrip may be forced to cancel the Client’s Reservation in which case the Client will be notified of such change as soon as possible and a full and prompt refund will be made. In no circumstances shall LockTrip be liable for any consequential or indirect loss or damage. Our liability shall be limited to the amount paid to LockTrip for any Reservation.
IV. Payment means & methods
1. Payment means
1.1. The Prepaid Deals shall be payable to LockTrip with payments in Fiat and in Crypto.
1.2. Only the Crypto currencies indicated in the WebSite shall be considered acceptable Crypto means of payment.
1.3. Fiat currencies might be subject to different exchange rates in accordance with the terms offered by the respective payment processor.
2. Payment methods
The Marketplace shall accept the following payment methods:
2.1.1. Bank card payment in Fiat
a/ Bank card payments in Fiat shall be accepted only in Fiat currencies indicated in the WebSite.
b/ Fiat payments shall be administered by payment processor as authorized by LockTrip and the Client shall also be charged with additional payment processor’s fee in amounts under such Payment processors tariffs. Such fee shall be calculated and indicated by the Marketplace before finalization of the Reservation procedure.
c/ If certain bank card payment is procured in different currency, payment processor’s or bank’s exchange fee could appear for the Client.
2.1.2. Bank transfer payment – only if such method is explicitly announced in the WebSite.
2.2. LOC payment
The Client shall have the option to pay the due fees and costs with LOC to the crypto wallet built-in the WebSite.
2.3. Crypto payment
a/ The Client shall also have the option to pay the due fees and costs with all other Crypto (different than LOC), as indicated on the WebSite.,
b/ such crypto payments shall be administered by a crypto processor as authorized by LockTrip and the Client shall also be charged with additional crypto processor’s fee in amounts under such crypto processors tariffs.
3. In the event of credit card fraud or any unauthorized use of Client’s credit card by third parties, Client shall seek compensation from the respective card issuer and/ or card account provider. In the event that card issuer and/ or card account provider charges the deductible from the Client due to unauthorized transactions resulting from a Reservation made on the Marketplace, LockTrip will cover such deductible to the Client up to an aggregate amount of EUR 50 (or the equivalent in Client’s local currency). Such indemnification shall be conditional upon such Client priorly reported such fraud to the relevant card issuer and/ or card account provider (in accordance with its reporting rules and procedures) and contacted LockTrip immediately. For any case of indemnification requested LockTrip will require sufficient evidences on the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card Reservations made using the Marketplace’s secure server and the unauthorized use of Client’s credit card resulted through LockTrip default or negligence and through no fault of the Client while using the secure server.
Specific Terms for Paid-at-Property Deals
1. Each Reservation, which is processed and paid as a Paid-at-Property Deal shall be also subject to the specific clauses of this Appendix 2 of the General Terms.
2. For avoidance of any doubt the entire General Terms (including this Appendix 2) shall fully apply and regulate the Paid –at-Property Deals with the exception of Appendix 1, which shall not be applicable for the Paid-at Property Deals.
3. The Client will be provided with gross fee, which will include the Accommodation Fee. It will be responsibility of LockTrip, on behalf and on account of the Client to make the Burn Contribution from the amounts received from the respective Accommodation Provider for the Reservation made by such Client.
1. Upon Reservation made on a Paid-at-Property Deal, the Accommodation Provider shall indicate to LockTrip and LockTrip shall display to the Client
1.1. gross price for the Accommodation Service purchased with all Fixed Taxes and Burn Contribution included;
1.2. Variable Fees & Taxes, when indication on these costs is available to LockTrip .
2. The Client hereby acknowledges that no separate indication for the Burn Contribution shall be displayed.
3.1. The Client shall pay all due amounts under art.II.1. to the respective Property. The Client hereby authorizes LockTrip to provide, on behalf and on account of the Client, Client’s payment details to the Accommodation Provider and/or to the respective Property.
3.2. The Property is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the gross total amount, indicated under art.I.3. or fee to the relevant tax authorities. LockTrip is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the gross price or fee to the relevant tax authorities
4. Prepayment in different portions might be charged by the Accommodation Provider / Property in accordance with the conditions of the respective Accommodation Offer as confirmed by the Client upon Reservation.
5. The Client acknowledges that full and due performance of its payment obligations to the Property shall be condition for validity of the Reservation. If the payments under art.II.1 of this Appendix II are not procured by the Client, the Property can reject the Reservation or refuse to provide the Accommodation Service.
6. The Client shall receive invoice for all amounts paid in regards to the Reservation from the Property in accordance with such Property’s invoicing rules and policies.
1. The Client hereby acknowledges that submission and prepayment of the Reservation shall constitute only a request for the respective Accommodation Service, but shall be not binding until the Client receives Confirmation of the Reservation.
2. Confirmation or rejection of certain Reservation are in the discretion of the respective Accommodation Provider or the respective Property.
3. The Marketplace will inform the Client on Confirmation, Rejection or Cancellation of his Reservation.
4. By making a Reservation for Paid-at-Property Deal the Client accepts and agrees to the relevant cancellation and no-show policy of the respective Accommodation Provider and/ or Property, and to any additional (delivery) terms and conditions of the Accommodation Provider and/ or Property that may apply to the Accommodation Services used by the Client, including for services rendered and/or products offered by the Accommodation Provider/Property. The relevant (delivery/purchase/use/carrier) terms and conditions of a Accommodation Provider/Property can be obtained with the relevant Accommodation Provider/Property.
5. LockTrip cannot and shall not be held responsible for any refunding claims of the Client arising out of any Paid – at-Property Deal. The Client shall address only the Property/ Accommodation Provider with any refund claims and shall hold LockTrip and its employees, representatives, owners and subsidiaries harmless of any such claims.
6. LockTrip cannot and shall not be held responsible for any rejection or cancellation of Reservation made by the Property and/ or Accommodation Provider. The Client shall address only the Property/ Accommodation Provider with all such claims and shall hold LockTrip and its employees, representatives, owners and subsidiaries harmless of any such claims.
IV. Payment means & methods
1. Payment means
1.1. The Paid -at-Property Deals shall be payable directly to the Property with payments only in Fiat. Settlement of payments between the Property, the Accommodation Provider and LockTrip shall be subject to separate agreements between those parties.
1.2. Payments in Crypto won’t be acceptable, unless certain Property allows otherwise.
2. Payment methods
2.1. Payments shall be procured only with bank/ payment cards acceptable for the respective Property/ Accommodation Provider.
2.2. LockTrip shall not be held responsible if certain Property or Accommodation Provider refuse tо accept payment by certain bank/ payment card of the Client.
2.3. LockTrip shall not be responsible and cannot be held liable for any operation or transaction made by the Client with its bank/ payment card in regards to a Reservation made for a Paid-at-Property Deal.