
TERMINOS Y CONDICIONES GENERALES DE USO DE LA PLATAFORMA BIDFORBOOKING PARA CLIENTS
GENERAL TERMS AND CONDITIONS OF USE OF THE BIDFORBOOKING PLATFORM FOR CUSTOMERS
Date of Entry into Force: September 16, 2025
Last Update: September 16, 2025
2. Introduction to the Platform
5. Procedure for the acceptance of Offers and formalising reservations
7. Rules for the cancellation of reservations
8. Relocation situations and relocation procedures
9. Minimum conditions of the Establishment and procedure for cases of serious deficiencies
13. Content moderation and posts
14. Takedown Notice and Content removal procedure
15. Applicable legislation and dispute resolution
1. Definitions
1.1."BidForBooking" refers to the commercial company MONTANE I FILLES S.L.U. incorporated in accordance with the Law and under the jurisdiction of the Principality of Andorra, with registered office at Carrer d'étang-salé, 3, Edifici Teulades, bloc 12, 3er, 2A, and NRT 719438W, registered in the Andorran Registry of Companies. BidforBooking is the operator of the Platform, which serves a technical and passive intermediation function, without intervening in the contracts between Customers and Establishments.
1.2. "Platform" refers to the digital environment operated and managed by BidForBooking, accessible by means of the website [*], the mobile applications and any and all channels enabled by BidForBooking in order to allow intermediation between Customers and Establishments.
The Platform includes any and all functionalities, technological tools, interfaces, content publishing and management systems, payment mechanisms, digital wallets, as well as any other module that facilitates interaction between the different types of Users, within the framework of the monetization program based on the validation of real experiences.
For legal purposes, the Platform constitutes an electronic intermediation service, in accordance with the provisions of Law 20/2014, of 16 October, regulating electronic procurement and operators operating in the Principality of Andorra, and shall be subject to European Union regulations on digital services whenever applicable.
1.3."Offer" or "Overnight Stay Offer" refers to such conditions or elements of the Customer’s pre-contractual offer for overnight stays, including any criteria and specifications regarding dates, regime, location, characteristics, category and number of people. The Offer will appear automatically and simultaneously on the private portal of those Establishments that offer the products, services, characteristics, accommodation regimes and requirements necessary to comply with the Offer.
1.4."Binding Acceptance" means the acceptance of an Offer by an Establishment. At the time of this acceptance, both the Customer who made the Offer and the Establishment that accepts it will be contractually bound under the conditions established in these Terms and Conditions.
1.5. "Customer(s)" refers to a consumer who formalises an Offer or Overnight-Stay Offer by means of the Platform.
1.6.';"Establishment(s)" refers to such accommodations – whether hotels, resorts, apartments, aparthotels, lodges, hostels, motels, capsule hotels, guest houses or other tourist accommodation – that provide Customers with the necessary services through the Platform.
1.7."Overbooking Situation" refers to the situation in which an Establishment does not have availability or housing capacity to accommodate the Customer.
1.8.'"Relocation proposal": proposal for the relocation of a Customer to another Establishment. Relocation may be internal or external.
1.9. "Internal relocation proposal": Procedure by which the Establishment that is in a Relocation situation adopts the necessary measures to activate the Relocation mechanism by notifying those Establishments registered on the Platform that have the services and characteristics required by the Customer in their Overnight Stay Offer.
1.10. "External relocation proposal": Procedure by which the Establishment that is in a Relocation situation adopts the necessary measures to activate the Relocation mechanism by notifying those Establishments external to the Platform that have current availability of providing the services and characteristics required by the Customer in the Overnight Stay Offer.
1.11.'"Relocation" refers to the internal mechanism of the Platform that allows Establishment, upon occurrence of relocation situations, to request other registered Establishments to accept the Offer of the affected Customer, provided that these Establishments meet the requirements of the Offer.
1.12. "No-Show Situation": It is understood that a No-Show situation has materialized when the Costumer does not show up at the Establishment and has not communicated that he/she will not show up.
2. Introduction to the Platform
Welcome to BidforBooking
"BidForBooking" is an online intermediation platform between consumers and accommodations that allows Customers to make a price proposal for tourist accommodation – by means of an Offer –, to those touristic accommodations that meet certain requirements regarding dates, characteristics, location, regime, category and number of people for the desired stay.
Establishments that meet the minimum requirements required by the Customer which are interested in the Overnight Stay Offer may accept it, thus formalising an obligatory and binding relationship between the Establishment and the Customer, under the terms of the corresponding Offer.
The Offers made by the Customers of the Platform will only appear on the private portal of the Establishments if the requirements of the Offer match the descriptions of the services and characteristics included by the Establishment on its private portal. In this case, the Establishment may accept the Offer and formalize the contractual relationship with the Customer in accordance with the provisions of Clause Five of these Terms and Conditions.
3. Nature of the service
3.1. The BidForBooking Platform operates as an information society service provider in accordance with Directive 2000/31/EC, Regulation (EU) 2022/2065 and the Court of Justice of the European Union case law. The Platform plays a role that is exclusively technical, automatic and passive, with no prior nor subsequent control over the content provided by users nor over the execution of the contracts entered into by and between them.
3.2. Consequently, and in accordance with the safe harbour regime, BidForBooking will not be responsible for the contents, acts or omissions of either Customers nor Establishments, except if, having acquired effective knowledge of an illegal or infringing activity, it does not act promptly for its removal or blocking. In any case, it will act promptly in the event of receiving a truthful notification.
4. Customer Account Settings
4.1. Initial registration and setting-up of the account
In order to use the BidForBooking Platform as a Customer, you need to register and keep a personal account up to date. The Customer declares that all information provided during registration is truthful, complete and up-to-date, and undertakes to maintain the confidentiality of its credentials. Registration and setting-up of the account requires express acceptance of these Terms and Conditions.
4.2. Process of gradual activation of the profile
Full access to the functionalities of the Platform may be subject to the progressive verification of the Customer’s profile. BidForBooking may establish activation levels depending on the type of profile, the nature of the service requested and the applicable regulatory framework, including regulations on fraud prevention and digital identification. As an example, the Customer must provide:
- Complete and verifiable identification data;
- Identity verification using authorized digital methods;
4.3. Restriction of functionalities until the completion of the profile
As long as the Customer has not satisfactorily completed the process of activating their profile, they may only access limited functionalities such as:
- Basic navigation on the Platform;
The following functionalities will not be allowed:
- To propose binding Offers with a monetary guarantee;
- Formalize accommodation contracts;
4.4. Automatic suspension of functionalities
BidForBooking reserves the right to suspend, in whole or in part, account functionalities in case it detects omissions, falsehoods or breaches in the data provided. The Customer will be informed in advance, except in urgent or serious cases, and may rectify the situation.
4.5. Updating and maintaining the profile
The Customer undertakes to keep the profile information up to date. BidForBooking may require periodic updating or confirmation of certain data as a condition for maintaining access to the Platform.
5. Procedure for the acceptance of Offers and formalising reservations
5.1. The Offers made by the Customers of the Platform will be notified to the Establishments that meet all the requirements of the Customer's Offer.
5.2. Customer Offers and their terms may be adapted and modified until the moment of a binding Acceptance.
5.3. The Customer, when formalizing his Offer, may indicate a period during which the Establishments may accept it.
5.4. The binding Acceptance may only be formalised by a single Establishment, which will correspond to the first Establishment to accept the Offer.
5.5. At the occurrence of a binding Acceptance, the Platform will automatically process the payment of the price to the Customer through the payment method indicated by the Customer at the time of making the Offer.
5.6. The binding acceptance of the Offer by an Establishment will prevent other Establishments from accepting it and will imply the binding and definitive formalisation of the relationship between the Customer and the Establishment without possible cancellation, except in the following cases:
(i) In the event that the payment method indicated by the Customer does not allow payment, the booking request will be definitively and irrevocably cancelled. In the event that the Customer corrects the defects in the payment method and submits an Offer again, said Offer will be presented again in all Establishments. In this case, the Establishment that had first accepted the Offer shall not have any preference for the new acceptance.
(ii) In the exceptional cases of cancellation permitted as stipulated in Clause Seven of these Terms and Conditions.
6. Customer Rights
6.1. Customers may exercise all the rights that correspond to them and assist them in their condition of consumers.
6.2. However, and in accordance with Article 16 of Directive 2011/83/EU and Andorran legislation, the Customer acknowledges that they do not have a right to withdraw once their Offer has been accepted by the Establishments, as it is a service with a specific date. Prior to a binding Acceptance, the Customer may freely cancel or modify their Overnight Stay Offer.
The foregoing is applicable from the moment of binding Acceptance, moment in which the match between the Customer's Offer and the Establishment's acceptance is perfected.
Notwithstanding the foregoing, prior to the binding Acceptance of the Offer, the Customer may modify upwards or downwards the price of the Offer, as well as other essential or circumstantial conditions of the said Offer, such as the desired location and the characteristics of the establishment, or even cancel the Offer.
6.3. Consumer right of conformity. The Customer has the right to claim objective and subjective compliance of the Relocation proposals made within the framework of Overbooking and Relocation situations to the terms agreed upon.
6.4.1. Payment by the Customer at the time of binding Acceptance:
At the time of the Binding Acceptance, the Customer will be directly charged the proposed price. Upon issuance by the Customer of their Offer within the Platform, BidforBooking captures and tokenizes the payment method data using Redsys' services.
7. Rules for the cancellation of reservations
7.1. General reservation cancellation regime: the binding acceptance of an Offer implies the legal and definitive formalisation of the relationship between the Customer and the Establishment, who are obliged to comply with the terms of the Offer without having the possibility to cancel the booking.
7.2. Exceptions in which cancellation of a reservation is allowed free of charge: however, in the event of occurrence of the following exceptions, the Customer will be allowed to cancel the reservation free of charge. In these cases, the Customer will receive a full refund of the amount paid, without the Establishment being able to claim any compensation or penalty regarding the reservation:
i. In the event of closure of borders that prevents access to the Establishment, the following cancellation regime will be applied, provided that the Customer notifies the Establishment of the situation of border or road closure as soon as he/she becomes aware of it (otherwise, clause 7.4 will apply and a No-Show situation will be incurred). In any case, the following scenarios must be differentiated:
A) If there is an alternative route at the time of the Customer's departure
- For stays of 1 or 2 nights: if the alternative route to reach the Establishment does not imply a 100 km or longer detour, no cancellation or refund will be made.
- For stays of 3 or more nights: if the alternative route to reach the Establishment does not imply 150 km or longer detour, no cancellation will be made and no refund shall apply.
B) If there is no alternative route on the day of check-in, but the main route is made available before 11:00 a.m. the next day
- If the Customer communicates that they will not attend:
- For bookings of 1 or 2 nights: no penalty will be charged.
- For bookings of 3 or 4 nights, whenever the distance from origin to destination is less than or equal to 250 km: the first night will be refunded and the rest will be subject to a 100% penalty.
- For bookings of 3 or 4 nights and a distance between origin and destination of more than 250 km: the stay can be cancelled at no cost.
- For bookings of 5 or more nights: regardless of the distance from origin to destination, the Customer will pay a penalty of 100% of the reservation price, except for the first night, which will be fully refunded.
C) If there is no alternative route on the day of check-in and it opens after 11:00 a.m. or later days:
- No penalty will be applied, regardless of the number of nights.
- Notwithstanding the foregoing, if the Customer communicates their willingness to travel when the route reopens, the Establishment must maintain the reservation. The initial day of the reservation shall not be taken into consideration within the stay when the route reopens after 11h, as long as the Customer does not show up at the Establishment within the said day.
ii. In the event of death or burial of a first or second-degree relative of duly accredited consanguinity or affinity.
iii. In case of impossibility to travel for medical reasons that prevent travel to the Establishment. An official medical report certifying the impossibility of travelling must be sent to the Establishment or BidForBooking, indicating the range of dates during which the corresponding traveling restriction applies.
iv. Force majeure situations that have been officially declared by the Customer’s State of residence, by the State where the Establishment is located or by any State the passage through which is mandatory in order to reach the destination, provided that there is an impossibility of accessing the Establishment by alternative means. In any case, the following situations will be considered force majeure for the effects of this clause: health emergencies, mandatory mobility restrictions, armed conflicts, natural disasters or other cases declared by the competent authority that prevent access to the Establishment without any viable alternative routes.
v. Cancellation of the flight intended for the Customer's journey, duly accredited to BidForBooking or to the Establishment.
vi. Serious deficiencies in the Establishment, in accordance with the provisions of Clause 9 of these Terms and Conditions.
vii. Other duly justified causes, which will be subject to individual assessment by BidForBooking.
7.3. Group Bookings:
7.3.1. In the case of group bookings or groups with multiple-room bookings, the impossibility of a Customer to travel will only affect their room, without this entailing the cancellation of bookings corresponding to rooms of other members of the group.
7.3.2. Joint cancellation will only be accepted in exceptional cases, when the group includes children or adults with economic dependence on their parents, either for reasons of university studies or because they have a legally recognised physical or mental disability, all of which shall be accounted for by means of the corresponding supporting documents.
7.4. No-Show Situations:
7.4.1. It is understood that a No-Show situation has occurred when the Customer does not show up at the Establishment and does not communicate that he/she will not show up.
7.4.2. General effects of No-Show situations:
(i) No-Show situations allow the Establishment to charge 100% of the amount for the planned stay, without prejudice to the assessment of the causes for the Customer's failure to communicate with the Establishment for not having shown up at the Establishment.
(ii) In No-Show situations, the Establishment will have the right to release the affected rooms, products or services to put them back on sale from the second day of the Customer's planned stay who has incurred in a No-Show situation.
(iii) In No-Show Situations, the Customer will not have the right to claim a refund of the amount paid nor the right to be accommodated afterwards.
7.4.3. Whenever the Customer has duly communicated his/her absence for justified cause (closure of roads, illness, death, etc.), the Customer will be exempt from the general No-Show regime indicated in the aforementioned paragraph, as long as the requirements established in paragraph 7.2 regarding free cancellation of reservations are duly met.
7.5. Procedure to request a Booking cancellation
7.5.1. A request for booking cancellation may be initiated by both, the Customer and the Establishment.
7.5.2. In all cases, the request must include the motives of cancellation and, if applicable, additional comments.
7.5.3. In case the request for cancellation is initiated by the Establishment:
(i) The Platform will notify the Customer of the request, indicating the motive and the comments of the Establishment.
(ii) The Customer may accept or deny the request through the channels enabled.
7.5.4. In case the cancellation request is initiated by the Customer:
(i) The Platform will notify the Establishment of the request, indicating the motives and the Customer's comments.
(ii) The Establishment may accept or deny the request through the channels provided.
7.5.5. Regardless if the cancellation request is accepted or denied by the receiving party, the Platform will provide BidForBooking with all the context and information related with the request (motives, comments and response of the receiving party).
7.5.6. BidForBooking shall assess each case and issue a final decision, which shall be binding for both parties within the Platform, without prejudice to the right of the parties to file any applicable claim before the competent jurisdiction.
8. Relocation situations and relocation procedures
8.1. Grounds to request Internal Relocation:
8.1.1. Overbooking situation in the Establishment
8.1.2. Objective failure to comply with the minimum requirements established by the Customer in his/her Offer, including the availability of services, regime, category, location or accommodation capacity.
8.1.3. Existence of serious deficiencies that prevent the provision of the service in adequate conditions of habitability, hygiene or safety, or the lack of essential services (such as electricity, water, air conditioning or similar).
8.1.4. Other duly justified reasons accepted by BidForBooking.
8.2. Relocation request and attempts for internal relocation:
8.2.1. The internal relocation procedure shall take place through the Platform.
8.2.2. The Establishment that is unable to host the Customer may activate the internal relocation procedure from its private profile on the Platform. Through this procedure, it will view the list of other Establishments that meet the requirements indicated by the Customer in their Offer. The Establishment that requires the relocation of the Customer may decide to send such relocation request to all the indicated Establishments or only to some of them.
8.2.3. Once the Relocation request has been sent, communication and acceptance will take place directly between the Establishment that cannot host the Customer and the Establishment that agrees to relocate the Customer. BidForBooking will only be responsible for the payment to the Establishment that initially accepted the Offer. Therefore, any payment to be claimed by the Establishment that accepts the relocation shall be directed to the Establishment that has requested the relocation.
8.3. Procedure for external relocation by the Establishment affected by the causes of relocation:
8.3.1. In the event that no Establishment accepts the Relocation request as indicated in the previous section, the affected Establishment will be obliged to initiate an external relocation procedure (outside the Platform) and, therefore, seek alternative accommodation with equivalent or superior characteristics for the affected Customer. Once it finds an alternative, it will formulate an External Relocation Proposal to the affected Customer.
8.3.2. The affected Customer will be obliged to accept the External Relocation Proposal if it meets their initial preferences, and may only reject the relocation if it is not suitable to the characteristics indicated therein.
8.3.3. In the event that the characteristics of the new accommodation are superior to those initially requested and the total cost of the service (inclusive of both the accommodation price and any additional cost linked to the service therein) exceeds the price of the Offer, the Establishment that has not been able to accommodate the Customer shall assume the entirety of the exceeding cost of relocation.
8.3.4. In the event that the Establishment affected by the Overbooking situation is unable to offer any alternative accommodation with equivalent or superior characteristics than those requested by the Customer, the Establishment may propose different options to the Customer, with inferior characteristics, alongside with an economic compensation or a provision of relevant services, as applicable in a case-by-case basis. The Customer may accept or deny the relocation proposal, without assuming any additional cost.
8.3.5. In the event that it is not possible to relocate the Customer through any of the procedures established in this clause, BidForBooking may look for alternative accommodation and propose it to the Customer. In the event that the Customer accepts, the affected Establishment will be solely responsible for paying the additional expenses caused by such relocation – including the full price of the alternative accommodation services offered by BidForBooking to the Customer.
8.3.6. If the Customer rejects the Relocation Proposal for considering it is not compliant with the minimum requirements of their Offer, such reservation will be cancelled and the total amount paid must be refunded by the Establishment. The aforementioned shall apply, notwithstanding any additional indemnity for the applicable damages caused to the Customer which, in any case, shall be assumed directly by the Establishment.
9. Minimum conditions of the Establishment and procedure for cases of serious deficiencies
9.1. In the event of serious deficiencies in the Establishment, the Customer must notify the Establishment and, if necessary, BidForBooking as soon as possible.
9.2. The Establishment must offer an acceptable solution to the Customer immediately, and assume, whenever necessary, all the additional costs in order to guarantee all the minimum conditions indicated in clause 9.1.
9.3. The Customer may cancel the reservation free of charge, request a relocation or request a price reduction at the Establishment, provided that the deficiency is duly accredited to the Establishment and, if necessary, to BidForBooking.
9.4. The Establishment will be solely responsible for the deficiencies caused, without prejudice to the possibility of requesting BidForBooking’s collaboration in order to find an amicable solution between the Establishment and the Customer.
9.5. BidForBooking commissions:
9.5.1. In the event of cancellation of the reservation due to duly accredited deficiencies of the Establishment, the price paid by the Customer will be fully refunded and BidForBooking will not apply a commission or penalty to the Establishment.
9.5.2. Any applicable Price reduction shall be homologous applied to the commission received by BidForBooking.
9.6. In the event of a conflict or discrepancy between the Customer and the Establishment regarding the application of this clause, BidForBooking may intervene as a neutral third party to facilitate an agreement between the parties within the Platform. In case agreement is not possible, the parties may act before the competent jurisdiction. BidForBooking will not intervene as an arbitrator nor will it assume any liability related to the execution of the contractual relationship between the Customer and the Establishment.
10. Intellectual property
10.1. Any and all contents available on the Platform, including texts, images, distinctive trademarks, industrial designs, user interfaces (from either Establishments or Customers) and programmable applications (APIs), software, databases and any other material, are the exclusive property of BidForBooking, which reserves for itself any and all applicable exploitation rights. As proof of the above, BidforBooking has adopted the relevant organisational measures and holds exclusive ownership over the content of the registration made under No. 49/406376.9/25 before the Spanish Intellectual Property Registry and over the trademark registered with Number UK00004203716 before the Intellectual Property Office of the United Kingdom of Great Britain (UKIPO).
10.2. The users (both, Establishments and Customers) will continue to be the rightholders of the Contents published by them. Nevertheless, by means of their publication on the Platform, they grant BidForBooking a non-exclusive, free, transferable and worldwide license to host, reproduce, adapt and communicate them within the scope of the Platform and its services.
10.3. The Establishment guarantees that it holds the necessary rights to grant this license and that it does not infringe the rights of third parties and undertakes to solely assume any responsibility derived from infringement of the aforementioned warranty.
11. Data protection
11.1. Personal data will be processed in accordance with Regulation (EU) 2016/679 ("GDPR") and Andorran Law 29/2021, of 28 October, on the protection of personal data ("LQPD").
11.2. Customers may exercise their rights of access, rectification, opposition, deletion and portability by mail to hosts@bidforbooking.com.
11.3. BidForBooking acts as data controller with respect to the registration data, and as data processor with respect to the data exchanged between the Customer and the Establishment.
11.4. Notwithstanding the foregoing, the provisions of the Privacy Policy of the Platform shall be applicable as to any and all processing of personal data. In case of conflict, the provisions of the latter shall prevail.
12. Limitation of Liability
12.1. BidforBooking acts as an information society service provider in accordance with Directive 2000/31/EC and Regulation (EU) 2022/2065. BidforBooking’s role is exclusively technical, automatic and passive. It has no general obligation to supervise content nor can it be held responsible for the services offered or contracted by users.
12.2. Any responsibility for the effective provision of the accommodation service lies exclusively in the Establishment.
12.3. Under no circumstances will BidforBooking intervene, affect, influence or participate directly or indirectly in the determination of prices and/or other pre-contractual elements selected by the Customer or the Establishment, or with respect to any other essential or complementary conditions related to the contract, such as availability, included services or any other term agreed between the parties. The Platform undertakes to maintain a strictly neutral position, refraining from carrying out any action that could affect, condition or favour the terms of the agreement between the Customer and the Establishment.
12.4. Notwithstanding the foregoing, BidforBooking may indicate minimum price limits on the Platform from which the Customer may formalise a valid offer for an accommodation contract.
12.5. BidForBooking will not intervene and will not be responsible in the event that the Establishment decides to expel the Customer according to its internal policy. In these cases, Customers must address any claim directly to the Establishments, which will have the obligation to assess these claims and assume any liability taht may arise from their actions. In these cases, BidForBooking will pay the price of the stay at the Establishment in accordance with the provisions of Clause Six of these Terms and Conditions, without prejudice to the Customer’s right to claim directly from the Establishment what he considers appropriate.
12.6. In the event of interruption of the services of the Platform, BidForBooking undertakes to act as diligently and as soon as possible, by means of the corresponding communication, in order to reestablish the service, not being legally responsible for any the services offered by the technological partners.
BidforBooking shall not be liable to Customers for any interruption, suspension, delay or malfunction in the provision of the service arising from causes beyond its reasonable control, including, without limitation, cases of force majeure, natural disasters, fires, power outages, failures in telecommunications, systems or networks, civil disturbances, acts of terrorism, labour disputes, government measures, pandemics, as well as cyberattacks, unauthorized access, malware infections, denials of service, security breaches, or other malicious or unlawful actions carried out by third parties.
In these circumstances, BidforBooking shall be exempt from any type of contractual, non-contractual or legal liability for damages, loss of profit, loss of data, commercial opportunities or other consequences that may arise directly or indirectly from the suspension or interruption of the service. However, the Platform undertakes to act with the greatest possible technical and operational diligence in order to restore the service in the shortest reasonably feasible time.
12.7. BidforBooking will not be liable to the Customer for the lack of conformity or any deficiency in the provision of services that derives directly or indirectly from technological partners that make up its services. In order to benefit from the exclusion of liability referred to in this section, BidforBooking will contact the Establishments and act upon its best efforts in order to provide an alternative solution, as soon as possible and within its possibilities.
13. Content moderation and posts
13.1. The Platform may eventually allow Customers to include information, comments, and other content generated by such users (hereinafter, "Content"). Such Content must respect the principles of legality, truthfulness, good faith, respect and non-discrimination.
13.2. BidForBooking may moderate, remove or block content that violates these Terms and Conditions or the regulatory framework of the European Union or Andorra – as applicable in each case. This moderation will be proportional and the affected user will be notified in advance, excepting cases of manifest urgency.
13.3. BidForBooking may establish automatic filters or carry out reasonable checks to prevent the publication of Content that is distinctly illegal or contrary to these Terms and Conditions, such as:
- Defamatory, false or misleading content;
- Hate speech, racism or incitement to violence;
- Content that includes personal data of third parties without consent;
- Fraudulent or misleading offers;
- Content that infringes the intellectual property rights of third parties.
13.4. In the event of detecting infringements, BidForBooking may delete the affected Content, suspend or cancel the account of the infringing user and notify the competent authorities as to the facts whenever necessary. These measures will be applied with respect to the principle of proportionality and prior notification to the affected user, except in cases of manifest urgency.
14. Takedown Notice and Content removal procedure
14.1. Any person or entity that considers that any Content published on the Platform is illegal or infringes the rights of third parties may submit a takedown notice, in accordance with Article 16 of Regulation (EU) 2022/2065 (Digital Services Act).
14.2. Any such notice must be made through the form provided within the Platform or by email to the address hosts@bidforbooking.com, and shall include, at least:
- Identification of the complainant and, where applicable, their legal representative;l;
- Accurate description of the Content that is considered unlawful or infringing;
- Legal justification of the infringement (e.g. copyright infringement, defamation, etc.);
- Exact location of the Content (link, posting ID);
- Express declaration of good faith and truthfulness.
14.3. Upon receipt of a valid takedown notice, BidForBooking will assess the case diligently and take appropriate action, which may include the removal or deactivation of the Content, the suspension of the user or the notification of the competent authority. The complainant and the affected user will be informed of the decision taken and its grounds, unless there are legal motives that prevent such disclosure.
14.4. BidForBooking reserves the right to reject manifestly unfounded, abusive or repeated notices without a legal basis.
15. Applicable legislation and dispute resolution
15.1. These Terms and Conditions are governed by the legislation in force in the Principality of Andorra, in particular as per the provisions of:
(i) Law 20/2014, of 16 October, on electronic procurement and operators that carry out their economic activity within a digital space.
(ii) Law 29/2021, of 28 October, on the protection of personal data
(iii) Any other applicable Andorran regulation on e-commerce and digital services.
Additionally, to the extent that BidforBooking provides services to Customers residing in the European Union, BidforBooking shall comply with Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Digital Services Act (also referred to as "DSA"), Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 relating to certain aspects of contracts for the supply of digital content and services, and any other regulations that may be applicable to the consumer relationship between BidforBooking and Customers.
16.2. Any dispute will be submitted to the Andorran ordinary courts, unless provided otherwise within applicable consumer protection regulations as to users located in the European Union.
16. Contact
For any questions or communication regarding these Terms and Conditions, you may contact BidForBooking through the email hosts@bidforbooking.com.