Terms and Conditions for the Use of Lodgius Software-as-a-Service (SaaS)
General Terms
Lodgius.com (“Lodgius,” “we,” “us,” or “our”) offers access to the Lodgius Software (the “Software”) via a Software-as-a-Service (SaaS) model. By using our Software, you (“the Customer,” “you,” or “your”) agree to these terms and conditions. If you have questions, contact us at [email protected] or visit https://lodgius.com for additional information.
We reserve the right to modify these Terms and Conditions at any time. Changes will take effect once the revised terms are published on our website. Continued use of the Software after modifications indicates your acceptance of the updated terms. Any deviation from these terms must be explicitly agreed upon in writing.
1. Scope and Applicability
1.1 These Terms apply to all agreements, offers, and use of the Software.
1.2 A copy of these Terms is available upon request or can be accessed at Lodgius software.
1.3 In the event of conflicting terms, written agreements between both parties will take precedence.
1.4 Invalid or unenforceable provisions do not affect the validity of the remaining provisions. Invalid provisions will be replaced by provisions that closely reflect the intent of the invalid provision.
1.5 The applicability of your own terms and conditions is explicitly rejected.
2. Proposals and Offers
2.1 All offers are non-binding unless explicitly stated otherwise. Offers only apply to the specific scope of the proposed assignment.
2.2 Proposals are based on the information provided by you. Accuracy of such information is assumed.
2.3 Agreements are entered into digitally, and payment obligations begin immediately upon acceptance.
3. Pricing and Payment
3.1 Prices exclude taxes, levies, or additional expenses unless explicitly stated otherwise.
3.2 We may adjust prices with a minimum notice period of 30 days.
3.3 If you disagree with a price adjustment, you may terminate the agreement within 14 days of the notification, effective before the new pricing takes effect.
3.4 Payments must be made in euros (€) unless otherwise specified in the agreement.
3.5 Hibernation pricing may be granted under exceptional circumstances for a maximum of three months.
4. Payment Terms
4.1 Payments will be automatically charged to your bank account or credit card monthly, around the 25th of each month.
4.2 Payment terms are seven (7) days from the invoice date.
4.3 Payments cover the upcoming billing period.
4.4 Failure to meet payment obligations results in:
a. Suspension of Software access.
b. Loss of any discounts applied.
c. Reporting to credit bureaus for non-payment, where applicable.
5. Use of Lodgius Software
5.1 Each user receives a personal account and password for Software access.
5.2 Accounts are strictly personal and non-transferable.
5.3 Passwords must remain confidential. Unauthorized access must be reported immediately.
5.4 A stable internet connection is required for Software use. Internal IT systems remain your responsibility.
5.5 We may block accounts or take action against unauthorized or unlawful use.
5.6 Any equipment eventually provided remains Lodgius’ property. Unreturned equipment will be charged at its full value.
6. Availability and Maintenance
6.1 We strive to maintain 24/7 Software availability. Maintenance or upgrades may result in temporary downtime.
6.2 Lodgius reserves the right to modify or enhance Software features and functionalities.
6.3 While we aim for error-free operation, bugs or errors may occur. Report these via [email protected], and we will address them promptly.
7. Intellectual Property
7.1 All intellectual property rights, including but not limited to copyrights, trademarks, patents, source codes, and know-how, are owned exclusively by Lodgius or its licensors.
7.2 Your use of the Software grants you a non-exclusive, non-transferable license. Sub-licensing or transfer of these rights is prohibited.
8. Confidentiality
8.1 Lodgius will not disclose your confidential information to third parties unless required by law.
8.2 Confidential information includes but is not limited to trade secrets, personal data as defined by GDPR, and business-sensitive data.
9. Liability
9.1 You indemnify Lodgius for claims from third parties related to data processed using the Software.
9.2 We are not liable for damages caused by improper use of the Software.
9.3 Liability is limited to direct damages resulting solely from Lodgius’ breach of this agreement.
9.4 Indirect damages, such as lost profits, are excluded unless caused by gross negligence or intent.
9.5 Liability for damages is capped at the total amount invoiced under the agreement.
10. Term and Termination
10.1 Agreements renew automatically unless written termination notice is provided at least 30 days before the term’s end.
10.2 Either party may terminate with 30 days’ notice if the other materially breaches the agreement. Nonpayment results in immediate termination.
11. Force Majeure
11.1 Lodgius is not liable for delays or failures caused by force majeure. If force majeure lasts longer than two months, either party may terminate the agreement without liability.
12. Governing Law and Disputes
12.1 Dutch law governs this agreement.
12.2 Disputes are subject to the jurisdiction of the District Court of Zeeland-West-Brabant, Breda.
13. Google Hotel Ads
13.1 Customers authorize Lodgius to connect accounts to Google Hotel Ads for live rates and availability display.
13.2 Charges incurred through Google Hotel Ads are billed post-guest stay and added to the next invoice.
13.3 Lodgius reserves the right to revoke account access for nonpayment of charges.