Terms and Conditions

1. Applicability

These Terms and Conditions apply to all use of Holiday Clippers (the "Platform").

The Platform is intended exclusively for professional and business users. By creating an account, the user confirms that they are authorised to act in a business capacity and accepts these terms.

The Platform connects providers of accommodation ("Accommodation Partners") with professional distribution partners ("Distribution Partners"), including creators, travel advisors, boutique agencies, curators, publishers and niche communities. Travellers/consumers are not users of the Platform.

2. Role of the Platform

The Platform provides digital infrastructure through which Accommodation Partners can make their accommodations, content and commercial terms available to Distribution Partners.

The Platform acts solely as an intermediary and, unless expressly agreed otherwise, is not the owner, landlord or operator of any accommodation, not a travel organiser or tour operator, not a party to the agreement between the accommodation and the traveller, and not an employer, agent or representative of any user.

The final booking agreement is concluded between the traveller and the relevant accommodation or other responsible party.

3. Accounts

Users provide correct, current and complete information. Accounts are personal or linked to the registered business and may not be transferred without permission.

The user is responsible for the security of the account and for all activity that takes place through it. The Platform may require verification of identity, business, ownership, authority or payment details.

4. Obligations of the Accommodation Partner

The Accommodation Partner warrants that:

• it is authorised to offer the accommodation;
• information, prices and availability are correct and up to date;
• the accommodation complies with applicable laws and regulations, permits, taxes and registration requirements;
• it holds the necessary rights to photos, videos, texts and other content;
• the accommodation can be delivered under the communicated terms;
• bookings demonstrably generated by Distribution Partners are registered correctly.

The Accommodation Partner remains fully responsible for the accommodation, guest, booking, payment, cancellation, refund and performance of the stay.

5. Obligations of the Distribution Partner

The Distribution Partner uses approved accommodations and content solely for lawful promotion and distribution, and:

• makes no misleading or incorrect statements;
• does not change essential information about price, accommodation or terms;
• respects intellectual property rights and brand guidelines;
• complies with applicable advertising, affiliate and transparency rules;
• discloses a commercial or affiliate relationship where required by law;
• uses content only within the permission granted;
• does not generate artificial or self-made transactions to obtain commission.

Distribution Partners operate independently and are not employees, representatives or agents of the Platform.

6. Content and intellectual property

All intellectual property rights of users remain with the relevant rights holder.

By making content available on the Platform, the Accommodation Partner grants the Platform a non-exclusive, worldwide, royalty-free licence to host, process, display, technically adapt and make this content available for the operation and promotion of the Platform.

When content is marked as available for distribution, the Accommodation Partner also grants authorised Distribution Partners permission to use that content to promote the relevant accommodation within the stated terms.

The user warrants that they hold all necessary rights and permissions and indemnifies the Platform against third-party claims arising from content supplied by that user.

7. Commission

The Accommodation Partner sets the total distribution commission ("Commission Pool") per accommodation or campaign. The applicable commission is shown on the Platform before use.

Unless stated otherwise, the Commission Pool is split as follows: 70% to the Distribution Partner and 30% to the Platform.

Example: booking value €5,000; Commission Pool 10% = €500; Distribution Partner €350; Platform €150. All amounts are exclusive of applicable VAT and taxes, unless stated otherwise.

Commission arises only when the booking can be demonstrably attributed to a Distribution Partner, has actually been confirmed, the relevant booking value has been received, and the booking has not been cancelled, refunded, subject to fraud or charged back.

In the event of full or partial cancellation, refund, chargeback or correction, the commission is reduced accordingly or lapses.

Attribution is determined on the basis of available tracking data, unique links/codes, registered booking information and other reasonably available data. In the event of a dispute, the parties provide relevant information on request.

8. Circumvention of commission

Users may not knowingly circumvent tracking, attribution or the commission structure for a commercial relationship or booking that demonstrably came about through the Platform.

Knowingly concealing, incorrectly registering or moving an attributable booking outside the Platform may lead to correction of commission, suspension or termination of the account, and compensation for demonstrable damage.

9. Ranking and recommendations

Accommodations may be ranked or recommended based on, among other things, relevance, destination, target audience, profile match, availability, commission, recency, profile quality and historical platform performance.

Where paid promotion or other commercial remuneration influences the ranking, this is made recognisable where required by law.

10. Availability and changes

The Platform strives to provide a reliable service but does not guarantee uninterrupted or error-free availability. Features may be changed, added or removed.

In the event of material changes to these terms, business users are informed in advance within the legally required period, unless a legal, security or urgent technical reason requires an immediate change.

11. Moderation, restriction and termination

The Platform may remove or restrict content and may warn, restrict, suspend or terminate accounts in the event of fraud, abuse, incorrect information, breach of these terms or the law, infringement of third-party rights, security risks, structural non-payment, or manipulation of tracking or commission.

Where required by law, the user receives a statement of reasons and applicable prior notice. Objections can be submitted via holidayclippers@proton.me.

12. Liability

The Platform does not continuously check the accuracy, quality, safety, legality or availability of accommodations, users or information provided by users. Users remain responsible for their own commercial decisions and checks.

To the extent permitted by law, the Platform is not liable for acts or omissions of users or travellers, problems during a stay, incorrect prices or availability, loss of revenue, profit, goodwill or commercial opportunities, indirect/consequential damage, or outages at external suppliers.

To the extent liability cannot be validly excluded, total liability is limited to the amount of platform fees the Platform received from the relevant user in the twelve months preceding the event causing the damage, up to a maximum of [amount], unless mandatory law provides otherwise.

13. Indemnification

The user indemnifies the Platform against third-party claims arising from their accommodation or services, content, infringement of intellectual property rights, misleading promotion, tax or permit obligations, or breach of the law or these terms.

14. Taxes

Each user is responsible for taxes, VAT, income, invoicing and other tax obligations arising from activities through the Platform. The Platform may report information to authorities where required by law.

15. Data

Personal data is processed in accordance with the Privacy Statement. After termination, data may be retained where necessary for legal obligations, fraud prevention, administration, disputes or the protection of rights.

16. Complaints and disputes

Complaints can be submitted via holidayclippers@proton.me. The parties will first try to resolve any dispute amicably. If applicable platform legislation requires an internal complaint-handling system or mediation, this is offered in accordance with that legislation.

17. Governing law

These terms and the agreement with the Platform are governed by Dutch law. To the extent permitted by law, disputes are submitted to the competent court in the district where [legal company name] is established.

18. Final provisions

If any provision proves invalid or unenforceable, the remaining provisions remain in force. Failure to enforce a right immediately does not constitute a waiver of that right.

By registering, the user confirms that they have read and accepted these Terms and Conditions.