Terms of Use

I. Who we are. The purpose and nature of the services.

Bookr is a platform accessible through the website and the application of the same name. The owner of Bookr is BOOKR TECHNOLOGIES S.A., a Romanian legal entity, with its registered office at Municipiul Cluj-Napoca, Bulevardul Eroilor, No. 9, Floor 2, Cluj county, having sole registration code 43550695 and trade register number J12/129/13.01.2021.

Our purpose is to provide a useful tool for both businesses and customers, by facilitating the “meeting”, the evaluation of offers, and the making and management of appointments. To achieve this purpose, we will follow these good practices:

• We care about you: that is why we offer you our platform in 2 languages: Romanian and English;
• We are at your disposal to fix any errors or for support in managing your account through the contact details provided here.

If you are a business:

• We provide you with an unlimited number of customers for your services;
• We facilitate the making and management of appointments, by providing a calendar (for this purpose, ensuring the possibility to send/receive notifications or reminder messages, to cancel bookings or to reschedule them);
• We offer you the possibility to gain visibility for your business, by implementing a menu that allows the introduction of important information about the services offered, or representative images;
• We offer you the possibility to promote your business through a 3D virtual tour, which can be uploaded to your account, thus giving customers the chance to experience the services you offer in a way as close to reality as possible;
• We offer you the possibility to inform your customers about any changes regarding the location where they can find you, or other such useful information;
• We help you select your clientele, by avoiding people who do not fit the portrait of your customer;
• We offer you the possibility to evaluate the profitability of the business and the performance of your collaborators/employees.

If you are a customer:

• We provide you, completely free of charge, with a platform through which you can identify the services you need in the location you want, whether it is a current location or one you will travel to;
• We offer you the possibility to evaluate services by giving ratings and comments, as well as the possibility to choose services according to the reviews of other customers;
• You can be informed in real time about the changes to the location where you find your preferred providers.

II. Definitions

The terms “Business” or “Business client” refer to the user who creates an account on the Bookr platform for commercial purposes, with the objective of presenting the business. The Business account can be used to advertise, to sell, promote and/or offer services for ordering, purchasing, booking, renting.

The term “Customer” refers to the user who creates an account on the Bookr platform in order to identify the service providers suited to their personal needs and can discover, search, compare and book the services listed on the platform. Under no circumstances may the Customer account be used for commercial purposes or for the purpose of obtaining income of any kind. Our services are available exclusively for personal and non-commercial use. That is why, through the Customer account, you are not permitted to resell, deep-link, use, copy, monitor (e.g. spider, scrape), display, save or reproduce any content or information, software, bookings, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.

The term “Employee” refers to a person in an employment or subordination relationship with the Business. External collaborators of the Business are not considered Employees and they cannot benefit from access to the platform through the account of the respective Business, being required to open a separate account.

III. Prices. Payments. Subscription content.

Customers have free access to our platform.

Businesses may create a DEMO business account, which involves granting a 30-day period to test the platform, both through the application and through the website. After the 30-day term expires, the Business’s access to the content of the created account will be suspended, together with the removal of the Business from the search results performed by customers. After the 30-day term expires, the account and all the information contained in it will be deleted by Bookr without any other notification or prior information. For businesses that wish to continue using the platform after the testing period, we offer the option to purchase a monthly or annual subscription. The prices for our subscriptions vary depending on the chosen plan and can be found on our pricing page.

The platform offers customers the possibility to pay for the scheduled services by cash (at the business’s location) or card (online, through a payment processor).

Terms and conditions for card payment

These terms and conditions apply to all transactions carried out through our online booking Platform and through card payments. By using this Platform, you agree with these terms and conditions. Please read these terms and conditions carefully before carrying out a transaction through our Platform.

Payment information

To make a card payment through our Platform, you must provide correct and complete payment information. By providing this information, you agree that you are authorized to make the payment and that you agree with the respective payment.

Payment security

We undertake to take all the necessary security measures to protect your payment information and to ensure that your transactions are safe and protected.

Payment processing

Card payments will be processed immediately after the confirmation of the booking. You will receive a notification regarding the processing of the payment and the confirmation of the booking. If the transaction is not completed for any reason, we will inform you accordingly and we will take the necessary measures to resolve the problem.

Cancellation of payments

If you wish to cancel a card payment made through our Platform, please take into account the application of the cancellation terms and conditions of the Business with which you made the booking.

Fees and charges

Any fees and charges associated with the transactions carried out through our Platform will be clearly displayed before the completion of the transaction. You agree to pay any fees or charges associated with the transactions carried out through our Platform.

IV. Bookr’s general rights and obligations. Limitation of liability.

These terms of use apply to all the services provided by us through the platform, regardless of whether it is accessed through the website or the application. The terms of use may be modified, without it being mandatory for us to notify users of these changes. However, we may choose to communicate at times the modification of the terms and conditions, without this obliging us to communicate the changes every time it is required.

The users of the platform understand that through their interaction within the platform, both as a Business and as a Customer, they enter into a direct contractual relationship (which is legally binding). Bookr acts in this relationship only as an intermediary, facilitating the communication between Businesses and Customers. Bookr does not (re)sell, rent or offer any product or service.

The information on the platform is based exclusively on the information that the users transmit to us. As such, the Businesses that promote their services receive access to the platform through which they are exclusively responsible for updating the data regarding location, prices/fees, availability, policies and conditions and other relevant information that is published on our platform. Although we use appropriate skill and care in administering the platform, we will not verify whether and we do not guarantee that all the information is accurate, complete or correct, nor can we be held liable for any error (including typographical or obvious errors), any interruptions (whether due to any temporary and/or partial failure), repairs, updates or maintenance of our platform or others, for inaccurate, misleading or untrue information, or the non-transmission of information. Our platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, the level of the services, the classification, the type thereof, or the facilities offered.

Bookr uses external collaborators for certain features, as results from these Terms of use. Although we have made reasonable diligence to ensure the quality of the services offered by these external collaborators, as well as their compliance with the standards and legislation applicable in Romania and the European Union, Bookr has no liability for any errors, malfunctions, data collections and processing carried out by these external collaborators. Bookr may facilitate the communication or the remedy of the problems arising in the relationship with these external collaborators, but has no obligation in this regard.

With regard to the limitations established in these terms of use, and within the limit permitted by law, we will be liable only for damages actually suffered, paid or accrued by you due to a deficiency in the performance of our services, up to a maximum amount of the total cost of your booking, whether you are a Business or a Customer.

However, and within the limits permitted by law, neither we nor any of our employees, directors, representatives, subsidiaries, our affiliated companies, distributors, affiliated partners, agents, or other parties involved in the creation, sponsorship, promotion or making available of the platform and its content will be responsible for (i) any punitive, special, indirect or significant loss or damage, any loss of production, profit, revenue, contract, loss or damage to reputation and goodwill, loss of receivables, (ii) any inaccurate information of the users, (iii) the services performed, (iv) any damages, losses or costs (direct, indirect, significant or punitive) paid or suffered by you, produced by, arising as a result of or in connection with the use, the inability to use or the delays of our platform, or (v) any injury, death, damage to (personal) property or other damages, losses or costs (direct, indirect, special, consequential or punitive) suffered, produced or paid by you, whether due to acts, errors, breaches of law, negligence, voluntary improper conduct, omissions, non-performance, defective representations, tort or strict liability, attributable (in whole or in part) to the Businesses (including their employees, directors, agents, representatives or affiliated companies) whose services are made available (directly or indirectly), offered or promoted on or through the platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

By uploading the photographs/images/logos to our platform you certify, warrant and agree that you hold the copyright over them and that you agree that Bookr may use the photographs/images/logos uploaded on its platform (whether through the website or the mobile application), as well as in promotional materials and publications (online/offline) as Bookr considers appropriate, at its own discretion. You grant Bookr non-exclusive, worldwide, irrevocable, unconditional and perpetual rights and license to use, reproduce, display, order to be reproduced, distribute, sublicense, communicate and make available the photographs/images, as Bookr considers appropriate, at its own discretion. By uploading these photographs/images/logos, the person who uploads them accepts full moral and legal responsibility for all claims made by third parties, due to the use and publication by Bookr of these photographs/images. Bookr does not own and does not endorse the photographs/images/logos uploaded. The fidelity, correctness and the right to use all the photographs/images/logos are assumed by the person who uploaded them and are not the responsibility of Bookr. Bookr disclaims any responsibility and liability towards the images displayed. The person who uploaded the photographs warrants that they do not contain viruses, trojans, infected files and that they do not contain pornographic, illegal, obscene, offensive, inappropriate or objectionable materials and that they do not infringe the rights of any third party (intellectual property right, copyright, right to privacy). Any photograph/image that does not meet the above criteria will not be displayed and/or may be removed/deleted by Bookr, at any time and without prior notice, followed by the immediate deletion of the account and the blocking of the user from the future use of the platform, for an unlimited term. Customers may ask us at any time to close or delete the account in accordance with the Privacy Policy.

Bookr may communicate personalized offers to Businesses, for which the provisions communicated in the offers will apply with priority, these terms of use coming to complete the derogations included in the personalized offers.

Bookr may suspend or delete without any prior notice the accounts about which there are serious indications that they are false, opened for purposes other than that of using the platform according to its intended use, which incite, favor, offer or communicate tolerance towards the commission of crimes, antisocial or discriminatory acts in any way, or any other account that contravenes Bookr’s vision or that may cause prejudice to Bookr’s image.

V. Business rights and obligations

The Business has the right to use our platform to manage its appointments and to access all the functions offered by the application.

The Business has the right to receive support and technical assistance in using our platform through the support channel specified on our website, depending on the plan/subscription purchased.

The Business has the right to access and modify the information regarding appointments, such as the customers’ contact details, the working schedule or the services offered, through its business account.

The Business has the right to receive real-time notifications through the application or by email regarding the appointments made by customers.

The Business must provide correct and complete information regarding the working schedule, the services offered and the availability with regard to appointments.

The Business must manage and update the appointments in an efficient manner, so that customers benefit from a positive experience in using our platform.

The Business must comply with the privacy and security policy of our platform and must not disclose the personal information of customers to third parties.

The Business must grant access to our platform only to the employees who need this information to perform the specific work tasks.

The Business must comply with our terms and conditions and pay the related fees if it chooses to purchase a subscription.

Businesses that wish to modify a booking have the obligation to inform the customer about the modification, to the extent that the customer has allowed access to their contact details. The accounts of the Businesses that do not comply with this obligation may be deleted by Bookr without any prior notice and without there being an obligation to refund the subscription paid.

VI. User rights and obligations

Customers who make a booking of a service at one of the Businesses on the platform accept and agree with the booking, modification, cancellation and no-show policy of that Business and with any additional applicable terms of use. It is the responsibility of each Customer to request the relevant information from the Business before making the booking. Please note that a booking may be modified or cancelled by the Business, without Bookr’s liability being able to be engaged in this regard.

If you wish to review, modify or cancel a booking, please access the BOOKINGS/APPOINTMENTS section of the platform. Please note that you may be asked to pay for the cancellation in accordance with the Business’s policies. Our customer service department can help you if you need to inform the Business about the modification of a booking.

We want to display relevant search results for users, by providing a personalized ranking of the Businesses on our platform, depending on the customer’s location, if it is available (the customer has granted access to the location). This ranking can be browsed using filters and by sorting the Businesses according to a chosen order, thus having the ability to influence the display of the results according to the Customers’ preferences (the name of the Business, of an employee of the Business, the business’s location, and other filters made available).

The features and services of the Businesses displayed on Bookr are not established by Bookr. The offers are displayed based on the features/descriptions that the Businesses provide to Bookr.

Only customers who have had confirmed bookings will be invited by Bookr to comment on the quality of the services and to give a score/rating. The complete evaluation of the customers will be displayed on our platform with the exclusive purpose of informing future Customers about the opinion of the confirmed Customers regarding the booked service and its quality.

The comments and evaluations of the Customers may also be used for marketing, promotion or improvement of our services. The promotion and marketing may be carried out on our platform or on social platforms, newsletters, special promotions, applications or other channels owned, used or controlled by Bookr and our partners. The comments and evaluations published on the platform may be deleted only by Bookr. For well-founded reasons, Customers or Businesses may request the deletion of the comments that involve them using the contact details below, but it is Bookr’s absolute prerogative to decide whether to grant the request or not. We reserve the right to modify, refuse or remove reviews at our discretion, to the extent that they violate our review policy. Bookr does not compensate or reward a customer for posting a review. The evaluation form for customers should be considered a survey and does not include any kind of commercial offers, invitations or incentives. Bookr undertakes to make every effort to monitor and remove the evaluations that include obscenities, the mention of a person’s name or other messages considered by Bookr to be inappropriate or contrary to the law.

Bookr will not accept comments that:

• Contain explicit obscene language, swearing, violent, discriminatory language, threats;
• Mention full names or include personal attacks on employees identified by name;
• Promote illegal activities;
• Mention the names of websites, include e-mails and addresses, phone numbers, credit card details;
• Have politically sensitive content or content considered to cause prejudice to the Platform.

VII. Protection of personal data

Bookr respects your privacy. Access the privacy policy for additional information.

VIII. Intellectual property rights

Except where mentioned otherwise, the software necessary for our service or available and used on our platform and the intellectual property rights (including copyright) of the content, information and materials on our platform are the property of Bookr.

Bookr has exclusive ownership over all the elements that are the object of intellectual property rights, including the design and the functionality or infrastructure of the platform on which the service is offered (including with regard to the users’ comments and the translated content) and you do not have the right to copy, scrape, (hyper-/deep) link, publish, promote, sell, integrate, use, combine or otherwise use the content (including any translations of the content and the users’ comments) or our brand without our express written permission. Any illegal use or any of the actions or behaviors mentioned above will constitute a material breach of our intellectual property rights (including copyright and database rights).

IX. Applicable law, jurisdiction and dispute resolution

These terms of use and the provision of our services will be governed and interpreted in accordance with the Romanian legislation in force. Without prejudice to the choice of legislation mentioned above, a natural person who uses any of our services for a purpose that may be considered to be outside their field of activity (hereinafter referred to as “consumer”) may rely on the mandatory provisions of the law of the country in which they have their habitual residence (that is, provisions which, in accordance with the rules on the conflict of laws of the respective country, must apply to this conflict of laws clause; hereinafter referred to as “Mandatory Conditions”). Any dispute arising from these general terms of use and our services will be submitted exclusively to the competent courts of Cluj-Napoca, Romania. Without prejudice to the territorial jurisdiction clause mentioned above, a consumer may also bring an action with regard to the observance of the applicable Mandatory Conditions before the courts of the country in which they are domiciled, and an action against a consumer may be brought only in the courts of the country in which they are domiciled. For consumers (in the European Economic Area): we advise you to notify us in advance about any complaints, by contacting us at the contact details below. If this step does not resolve your complaint, you can submit the complaint through the ODR platform of the European Commission. This platform for the online resolution of disputes can be found here: http://ec.europa.eu/odr. For consumers domiciled in Romania, the possibility of submitting the complaint using the information on the website https://anpc.ro/, belonging to the National Authority for Consumer Protection, is available.

If the original Romanian version of these terms of use has been translated into other languages, the translated version is a favor and is only a translation of ours and you cannot claim any right from the translated version. In the case of a dispute regarding the content or the interpretation of these terms of use or the inconsistency or discrepancy between the Romanian version and the version in any other language, the Romanian version will apply, within the limits permitted by law, will have priority and will be decisive. The Romanian version is available on our Platform (by selecting the Romanian language) or will be sent to you following a written request.

In the event that any provision of these terms of use is or becomes invalid, unenforceable or non-binding, you will remain bound by all the other provisions thereof. In this case, the invalid provisions will nevertheless be applied to the extent permitted by the legislation in force and you will at least agree to accept an effect similar to that of the invalid, unenforceable or non-binding provisions, in accordance with the content and purpose of these terms of use.

X. Correspondence

By completing the user profile (Business, Customer or Employee), you agree to receive (i) e-mails/SMS/in-app notifications that contain information regarding your account, your bookings and certain information and offers (including information from third parties, provided that you have actively opted in for this information) relevant to you, and (ii) e-mails/SMS/in-app notifications to evaluate your experiences with the platform or with other users of it, (iii) e-mails/SMS/in-app notifications for sending offers or modifications of the terms of use.

Bookr disclaims any responsibility with regard to the communication with other users on or through its platform. Bookr cannot guarantee that the requests or communications will be (appropriately and in a timely manner) received/read, fulfilled, executed or accepted by their recipient.

In order to complete and secure your communications, you must use your correct contact details. We are not responsible or liable for (and we are not obliged to verify) wrong, misspelled or incorrect e-mail addresses or wrong (mobile) phone numbers or credit card numbers.

Any claim or complaint against Bookr or with regard to the services purchased must be submitted promptly, but in any case, within a maximum of 10 days from the scheduled date of benefiting from the service. Any claim or complaint submitted after the expiry of the 10-day period may be rejected, and the claimant loses any right of compensation (for damages or in money).

Due to the frequent updates and adjustments of the rates and of the availability, we recommend that you take screenshots when you make a booking, to support your position (if necessary).

For consumers (in the European Economic Area): we advise you to notify us in advance about any complaints by using the contact details below. If this does not resolve your complaint, we recommend that you address, as soon as possible, the competent national or European authorities.