GENERAL TERMS AND CONDITIONS FOR THE BOOK AND CASH CASHBACK PROGRAMME

1. Who we are

Book And Cash Limited, based at 402a City Gate House 246-250 Romford Road London E7 9HZ, registered in the United Kingdom under number 11921409 (hereinafter referred to as "BAC"), operates shopping portals that allow registered users (hereinafter referred to as "the user" or collectively as "users") to obtain benefits (hereinafter referred to as "Cashback Programme") by purchasing hotel stays or travel products from suppliers affiliated with BAC (hereinafter referred to as "providers"). For ease of comprehension, a glossary of the terms used is available at the end of these general terms and conditions, in Annex 1.

2. Object of the contract

2.1 For each product purchased by users on our portals, the provider recognizes a percentage of Cashback to the user based on the level of affiliation that the user has achieved. BAC provides the user with a personal area where all transactions made, and the available Cashback balance are recorded.
2.2 All registered users of our network have the right to participate to the BAC Cashback Programme and benefit from the advantages for the users. Each user may invite other users to register on our portals. If the invited users register following the invitation of the reporting user, the reporting user will be awarded by the provider for a percentage amount on the purchases made by the invited user, for simplicity we will call this amount “Invitation Bonus”. There is no obligation for users to invite other users to join.

3. Basic Principles

3.1 All Users who register on our portals are entitled to participate in the Cashback program.
3.2 Upon registration to each User is assigned a personal account where all transactions and Cashback balance are recorded. Participation to the Cashback Programme does not establish any associative link.
3.3 The user certifies that the information provided to BAC is true and holds BAC indemnified and exonerated in the event of a false statement provided by the user. The User undertakes to promptly inform BAC in the event of any change in his/her personal data provided at the time of registration (in particular residence, e-mail address, bank details, telephone number, etc.).
3.4 Only one registration (or one user account) per physical or legal entity is permitted. For the purposes of registration, the user must communicate his residence or registered office. Multiple registration in order to gain benefits for users results in automatic termination of the contractual relationship and any benefits for users acquired in this way are null and void. In case of multiple registration, the last registered accounts will be deleted. Furthermore, the advantages for the Users and the Invitation Bonuses obtained exclusively based on a multiple registration will be invalidated.

4. No Relationship

4.1 No employment relationship of any kind, service contract or other typical contract is established between BAC and the user, nor is an associative relationship established. Participation in the Cashback Programme or the reporting of any other users is carried out exclusively as part of an independent activity from BAC.
4.2 Users are only entitled to the percentage of Cashback on purchases made on our portals according to their user level, and to the Cashback on purchases of users who have registered by following the link in their referral. Members are not entitled to any additional compensation for their participation in the Cashback Programme or for any referral of other users. Users are not entitled to any reimbursement of expenses or indemnities.
4.3 Users are not authorised to represent BAC, in particular neither to provide nor to receive statements in its name and on its behalf in relation to third parties and/or in relation to other users within the Cashback Programme and/or to refer new users. Users are not authorised to receive cash or to collect sums in the name and on behalf of BAC. Any violation of the terms of this article will result in the automatic termination of the user's contractual relationship with BAC.
4.4 Without the prior written consent of the BAC, the user is not authorised to:

  • a) use logos, writings, trademarks, slogans, domains, trademarks or similar material of BAC or its affiliated companies;
  • b) to create, in written or electronic form, disseminate or make available to the public in any other form (e.g. on Internet pages such as YouTube or Facebook) business cards, presentations, videos, audio files, screenshots, web content, multimedia content, flyers, brochures, leaflets, websites, apps, advertising documents, direct mail, mailing homepages or the like concerning BAC or by expressly naming the latter or the BAC Cashback Programme;
  • c) to organise events such as information or other events, seminars, workshops, etc. concerning the BAC by expressly naming the BAC or its Cashback Programme;

5. BAC Cashback Program

5.1 Through purchases on our portals, the user acquires Cashback on the basis of these general terms and conditions . The reporting user also acquires a percentage of the purchases made by users who have registered directly by following the link in his invitation (Invitation Bonus). The percentages for users and the percentage of Invitation Bonuses, as well as their conditions, are described in detail in Article 7.
5.2 BAC agrees with the suppliers that they will only recognise the percentages to users registered with the BAC Cashback program who purchase their products on the portals operated by BAC or its affiliates.
5.3 The Supplier sells its product directly through the channel made available to BAC.
5.4 In the event that you do not make purchases on our portals for a period of 18 months, the links to the invited users will be removed, and you will lose the right to earn a percentage on them.

6. Online Purchasing

6.1 The crediting of percentages for users and Invitation Bonuses, obtained through purchases made assumes that the purchase has been made, and paid for in full, and that the terms for exercising the right of return have expired in accordance with the rules of Cancellation Policy accepted by the user at the time of purchase and that there are no disputes in place for the product purchased.
6.2 Users are entitled to receive the percentages on purchases, only for purchases made on the portals of BAC and portals affiliated with BAC. The same applies to percentages earned as Invitation Bonuses.
6.3 BAC has no influence and/or control over the products offered for sale by the supplier and declines all responsibility in this regard. The sale takes place directly between the User and the supplier, for this reason BAC is not responsible for illegal content or content that is otherwise contrary to morals on the pages linked to, for which BAC has no responsibility.

7. Benefits for users of the Cashback program and Invitation Bonus

7.1 Purchases made by the registered user within the BAC portals and affiliated portals entitle the user to benefits. As a reporting user, the user also acquires the Invitation Bonus for purchases made by users who have registered using the link in their invitation.
7.1.1 Cashback: The percentages of Cashback awarded to users are:

  • • 2% on the purchase value for users who have made up to 3 purchases within 365 days
  • • 3% of the purchase value for users who have made 4 to 7 purchases within 365 days;
  • • 3.5% of the purchase value for users who made 8 to 15 purchases within 365 days;
  • • 4% of the purchase value for users who have made at least 16 purchases within 365 days;

7.1.2 Invitation Bonus The percentages of Cashback awarded to the reporting user on users who have registered by following the link on their invitation are:
  • • 0.5% on the value of the reservation if the invited user has made up to 3 purchases within 365 days;
  • • 0.75% of the value of the reservation if the invited user has made 4 to 7 purchases within 365 days;
  • • 1% of the purchase value for users who have made at least 8 purchases within 365 days;

7.2 The Cashback and Invitation Bonus will be credited to the user's wallet after the departure date in case of booking of accommodation or other travel products, only if it has been fully paid for by the user, and that there are no longer legal rights to recede from the purchase without stating the reason, or that the periods for exercising the right of cancellation governed by the Cancellation Policy accepted at the time of purchase have expired. If these conditions are met, the seller will confirm these purchases that will form the basis for the calculation of the invoice that BAC will issue to the supplier.
7.3 The Cashback in the portfolio may be used by the User as partial or full payment for a future purchase made on the BAC portals. In this case the Seller will issue a tax document for the total amount paid by the User and more precisely the total will be composed of the part of Cashback used plus the part paid by another payment system (cash, credit cards, bank transfer, etc.).
7.4 Upon reaching a minimum amount of Euro 15, the user may request through the reserved area, that the Cashback be transferred to their bank account. At the request of the user BAC will verify that the sellers have paid all the amounts that make up the user's wallet. Once all amounts have been paid, BAC will make the transfer to the user's account. Sellers will normally pay Cashback amounts to BAC for users by the 30th day of the month following the customer's departure date. BAC reserves the right not to transfer amounts that the Seller has not sent to BAC. Any costs for the transfer of Cashback will be paid by the user and will be deducted from the amount of Cashback that will be transferred.
7.5 The calculation of the Cashback and Invitation Bonus are made only on the amount actually paid to the supplier, excluding from the calculation the Cashback used for the purchase. For greater clarity, if you purchase a product of cost X, and you pay an amount Y with the Cashback in your wallet and an amount Z directly to the supplier by other payment methods (cash, credit card, bank transfer, etc..), the calculation of the Cashback and the Bonus invitation recognized, will be done only on the amount Z paid, excluding from the calculation the amount Y of Cashback used.

8. User reserved area

8. User reserved area
8.1 BAC provides each user with a personal area on the website bookandcash.com (login area) free of charge. If the BAC websites and the login area are not available on the bookandcash.com website, BAC's liability is limited to the terms of Article 11.
8.2 The login details for the use of the personal area (user name, password) must be kept secure by the user and treated with the utmost confidentiality and not disclosed to third parties. The User may change his/her personal settings in the reserved area at any time.
8.3 The User undertakes to inform BAC immediately of any abuse found in his/her online access. Following the temporary blocking of its access, the member then receives new access data by e-mail. If the user incurs damages as a result of the abuse, BAC's liability is limited only to the terms of Article 11.

9. Data protection

9.1 BAC stores and processes the personal data of its members as Data Controller for the purposes of the Cashback Programme, i.e. to calculate the benefits for users and the Invitation Bonus. As part of the calculation of the Invitation Bonus, BAC will make the amounts recognised available to the reporting user in its movement list, without disclosing any other data on the reported user. For furche information, please consult the data processing regulations.

10. Malfunctioning in the service provision

10.1 BAC's range of services is limited to the execution of the Cashback Programme as described in these general terms and conditions.
10.2 Your rights and obligations in relation to purchases made by you from suppliers are solely with suppliers. Therefore, after the contract with the supplier has been concluded, BAC does not assume any responsibility or provide any guarantee for the obligations of the seller to provide services, in particular in the event of failure to honour or non-compliance with due diligence by the supplier.
10.3 In the event of a failure or non-compliance with due diligence on the part of the supplier, the user will have no right against BAC to compensation for the total or partial value of the payment, the collection of a cash payment or any other compensation. Any claims for non-compliance or for failure to exercise due diligence in the execution by the supplier shall exist exclusively against the supplier.

11 Liability

We (together with all of our staff, affiliates, suppliers and related third parties), to the extent permitted by law, hereby expressly exclude our liability in respect of:

  • (a) any loss or damage or viruses that may infect your equipment or computer, computer program, data or other materials owned by you as a result of accessing Our Website, downloading any content from Our Website;
  • (b) any damage, death, loss, claim, force majeure, delay, or any extraordinary event, penalty, indemnity, indirect, incidental or consequential damages for any cause (including but not limited to loss of profits or loss of profits), whether based on contract or tort (including negligence), direct liability or any other form, which may arise out of, or is in any way related to:
  • - (i) any use of Our Website, or our content;
  • - (ii) any lack or delay (including but not limited to the use of, or inability to use, any part of Our Website for reservations);
  • - (iii) (iii) the result or failure of us or any Supplier to perform, even if we have been advised that such persons or other parties are likely to suffer such damage.

To the limits of the law, our total liability for any and all losses or damages caused to the user as a result of access to Our Website, from the download of any content from Our Website, which is not already excluded by the previous paragraph, is limited to 30 EURO.
Nothing in these Terms excludes or limits:
  • • any liability of each party for death or personal injury caused by negligence or fraud;
  • • any liability of each party for damage resulting from gross negligence or willful misconduct;
  • • your consumer rights.

12. Costs

12.1 Registration and participating to the Cashback program are free of charge for users unless otherwise specified.
12.2 The user will be responsible for the cost of the bank transfer of the requested Cashback.

13. Termination of the contractual relationship by the user

13.1 The user has the right to cancel at any time the contractual relationship with BAC, which has an indefinite duration, by means of a communication to be made in writing.
13.2 In the event of termination of the contractual relationship, the user is entitled to receive only the benefits for users already acquired under the Cashback program at the time of termination of the contract, or if the purchase entitling to the Cashback or Invitation Bonus had already been made at the time of termination of the contract. The Cashback in the user's portfolio can be requested no later than 60 days after termination. After this period, the wallet will be reset to zero and the user will no longer be entitled to any amount or compensation.

14. Termination of the contractual relationship by the BAC

14.1 In addition to the expressed termination clauses provided for in these contractual conditions, in the event of conduct by the user that is contrary to good faith, BAC is always entitled to terminate the contractual relationship at any time upon written notice of 2 weeks with contextual objection.
14.2 The contractual relationship shall be automatically terminated, upon written notice to the user, if the user has caused damage and/or prejudice to the economic interests or reputation of BAC and the supplier, in particular, the violation of the main contractual obligations set out in these general conditions.
14.3 The user shall indemnify and hold harmless BAC in full in the event of a guilty breach of the foregoing terms and conditions. This also applies to costs relating to complaints made by third parties. BAC also reserves the right to claim from the user any damages that may arise as a result of the breach of these obligations by the user, including legal fees.
14.4 In the event of termination of the contractual relationship by BAC, the user is only entitled to the benefits for users already acquired under the Cashback program at the time of termination of the contract, i.e. if the purchase conferring entitlement to the Cashback or Invitation Bonus had already been recorded in the wallet at the date of termination of the contract.

15. General Provisions

15.1 The User is only entitled to dispose of the Cashback that has been recognised by BAC (or anything to which he is entitled as a result of participating in the Cashback programme).
15.2 Participation in the Cashback Programme is simply a relationship of mutual benefit and therefore does not establish a link between the user and BAC from the point of view of employment law or company law. In particular, it does not constitute membership of an association.
15.3 No agreements, understandings or modifications reached verbally have any value. BAC is also entitled to send the user the contractual declarations and information necessary for the execution of the contract also by e-mail provided by the user.
15.4 Amendments to these general terms and conditions of business and other contractual agreements between the user and BAC, communicated to the user in writing, will be considered accepted by the latter if he does not object within 7 (seven) days of receipt of the notice of amendment. Changes to the general terms and conditions of business shall be considered accepted by the user only if such notice has actually been given to the user.
15.5 If specific expressions with reference to sex are used in the contract, they will also refer to male and female subjects and to legal subjects.
15.6 If certain parts of the contract are wholly or partially ineffective or not applicable, this will not affect the validity of the remaining parts.
15.7 The law of the United Kingdom applies to the contractual relationship.
15.8 Registration for and participation in the Cashback programme is permitted from the age of 18 or any other age of legal majority under national law for the conclusion of a contractual relationship.
15.9 The user is the only person responsible for the payment of all expenses, taxes, duties etc. resulting from the obtaining of the Cashback. The amounts of Cashback do not represent profit for the English regulations. The user must personally check whether these amounts are considered useful and therefore declared in their state of residence, and if so must personally pay the relevant taxes.

Annex 1

Glossary
"Cashback" is the user benefit described in detail in Article 7.1.1.
"Reporting User": is the user who has directly invited another user who has registered by following the link he has sent.
"Invitation Bonus": is the bonus described in detail in article 7.1.2 that a user receives for purchases made by users who have registered following his invitation.
"Users" means all persons who have entered into a contract with BAC to join BAC by virtue of these general terms and conditions of business for the duration of the contract, or until such time as the contract has been terminated by either party or automatically.
"Members' personal area" means the area of the BAC websites described in detail in Article 8.
"Seller or Supplier": are the companies to which BAC is linked by a contractual relationship that present and sell their products on the BAC portal and where users receive Cashback and Invitation Bonuses.