Terms of Service

1The agreement

These Terms of Service ("Terms") are between Book2dream ("Book2dream", "we") and the hotel, lodge or property that subscribes to the service ("Customer", "you"). By signing an order form, clicking to accept, or using the service, you agree to them.

If you accept on behalf of a company, you confirm you are authorised to bind it. Where a signed order form or master agreement exists and conflicts with these Terms, that document prevails.

2What Book2dream provides

Book2dream is a hosted booking engine and administrative platform. It presents availability, rates and content to your guests, takes reservations directly on your own domain, and passes them to the systems you already run.

We provide it as software-as-a-service. We are not a travel agency, we are not a party to the accommodation contract between you and your guest, and we do not act as merchant of record for bookings unless your order form says otherwise.

3Accounts and authorised users

• You are responsible for the accuracy of your account details and for keeping credentials confidential.
• You may grant access to your staff and to contractors acting for you. You remain responsible for what they do in the platform.
• Tell us promptly if you suspect an account has been compromised.
• Accounts are for your property or group, and may not be shared with unrelated businesses.

4Your data belongs to you

Everything you or your guests put into Book2dream — guest records, reservations, rates, availability, images, descriptions and reports — is "Customer Data" and remains yours. Book2dream claims no ownership of it.

You grant us a limited, non-exclusive licence to host, process, transmit and display Customer Data solely in order to provide and support the service, keep it secure, and comply with the law. That licence ends when the data is deleted.

We do not sell Customer Data, do not disclose it to other hotels, and do not use it for advertising. We may produce aggregated, de-identified statistics that cannot identify you, your guests or your commercial terms.

You can export Customer Data at any time in a structured, machine-readable format. After termination we keep it available for export for 30 days, then delete it within 90 days unless the law requires us to retain it.

5Guest data and privacy responsibilities

For guest personal data you are the controller and we are the processor. Our Privacy Policy and, where one is signed, our Data Processing Agreement describe how we handle it.

You are responsible for having a lawful basis to collect guest data, for publishing your own privacy notice, and for honouring guest rights requests. We will assist with those requests at no additional charge.

6Acceptable use

You agree not to:

• Advertise rooms or rates you cannot honour, or mislead guests about price, availability or conditions.
• Upload content you do not hold the rights to, or content that is unlawful, defamatory or infringing.
• Probe, breach or circumvent the security of the platform, or attempt to reach another customer's data.
• Resell, sublicense or white-label the service without our written agreement.
• Copy, reverse engineer or attempt to derive the source code of the platform, except where the law expressly permits it.
• Use automated means to overload the service, or to extract data at a scale that degrades it for others.

7Fees, invoicing and taxes

• Fees are set out in your order form. Unless it states otherwise, subscription fees are invoiced in advance and usage or transaction fees in arrears.
• Invoices are payable within 30 days. Overdue amounts may accrue interest at the maximum rate permitted by law, and we may suspend the service after written notice and a 15-day cure period.
• Fees exclude VAT and other applicable taxes, which are your responsibility.
• We may change fees at renewal on at least 60 days' written notice. Price changes never take effect mid-term.
• Except where the law requires otherwise, fees already paid are non-refundable.

8Third-party integrations

Book2dream connects to property management systems, channel managers, payment gateways and other services you choose. Those services are governed by your agreements with their providers. We are not responsible for their availability, accuracy or acts, and if one is withdrawn or changed on their side, functionality that depends on it may be limited.

9Availability and support

We target monthly uptime of 99.9% for the booking engine, excluding scheduled maintenance and events outside our reasonable control. Where your order form includes a service level agreement, that document governs measurement and any service credits.

Scheduled maintenance is announced in advance and, wherever possible, carried out in low-traffic windows for your market.

Support is available in English, Spanish and Portuguese during business hours, with an escalation path for incidents that stop bookings.

10Intellectual property

Book2dream, its software, models, designs, documentation and brand remain our property and that of our licensors. These Terms grant you the right to use the service during the term, and nothing more.

If you send us ideas or feedback, we may use them to improve the product without obligation or payment. We will not name you as the source without your permission.

11Confidentiality

Each party may receive information the other treats as confidential, including commercial terms, rate strategy and technical detail. Each will protect the other's confidential information with at least reasonable care, use it only for this agreement, and disclose it only to people who need it and are bound by similar obligations.

This does not cover information that is public, independently developed, or required to be disclosed by law — in which case the receiving party notifies the other where it is legally permitted to do so.

12Warranties and disclaimers

We warrant that we will provide the service with reasonable skill and care, in line with its documentation, and that we will not materially reduce its core functionality during a paid term.

Beyond that, and to the maximum extent the law allows, the service is provided "as is". We do not warrant that it will be uninterrupted or error-free, or that it will produce any particular level of bookings, revenue or conversion. Figures and case studies on our website describe results other properties achieved and are not a promise of your results.

Nothing in these Terms excludes liability that cannot lawfully be excluded, and any consumer rights that apply to you by law are unaffected.

13Limitation of liability

Neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings, even where the possibility was known.

Each party's total liability arising out of or relating to this agreement is capped at the fees paid or payable by you to Book2dream in the twelve months before the event giving rise to the claim.

That cap does not apply to your obligation to pay fees, to either party's breach of confidentiality, or to liability that cannot be limited by law.

14Indemnities

We will defend you against a third-party claim that the service infringes their intellectual property rights, and pay damages finally awarded, provided you notify us promptly and let us control the defence. If such a claim arises we may modify the service, obtain a licence, or terminate the affected subscription and refund prepaid fees.

You will defend us against a third-party claim arising from Customer Data, or from your use of the service in breach of these Terms, on the same conditions.

15Term and termination

• The agreement runs for the term stated in your order form and renews for equal periods unless either party gives written notice at least 30 days before renewal.
• Either party may terminate for material breach that is not cured within 30 days of written notice.
• Either party may terminate immediately if the other becomes insolvent or enters liquidation.
• On termination your access ends, and the clauses on data, confidentiality, fees owed, liability and governing law survive.
• Your right to export Customer Data survives for 30 days after termination, as described above.

16Changes to these terms

We may update these Terms to reflect changes in the product or the law. For material changes affecting an existing subscription we give at least 30 days' notice, and if a change materially disadvantages you, you may terminate before it takes effect and receive a pro-rata refund of prepaid fees.

17Governing law and disputes

These Terms are governed by the laws of Chile, without regard to conflict of law rules. The ordinary courts of Santiago, Chile have exclusive jurisdiction, except that either party may seek injunctive relief wherever necessary to protect its intellectual property or confidential information.

Before starting proceedings, each party agrees to raise the dispute in writing and allow the other 30 days to resolve it in good faith.

18General

• Neither party may assign this agreement without the other's consent, except to a successor of its business.
• Neither party is liable for delay caused by events beyond its reasonable control.
• If a provision is found unenforceable, the rest remains in force.
• Failure to enforce a right is not a waiver of it.
• Notices must be in writing; email to the addresses on the order form is sufficient.
• These Terms, the order form, the Privacy Policy and any Data Processing Agreement form the entire agreement between us.
• Nothing here creates a partnership, agency or employment relationship.

19Contact

Questions about these Terms can be sent to contact@book2dream.com.