GENERAL TERMS OF USE

These General Terms shall govern the relations between Smartbookr B.V., a company incorporated and existing under the Dutch law, having its seat and registered address at: Zwanebloemlaan 111, 1087 JT, Amsterdam, Netherlands, registered with Dutch Chamber of Commerce and the Clients of the Smartbookr booking marketplace at www.smartbookr.com.

Any access to the Smartbookr Marketplace and / or use of any of the functionalities offered by the Smartbookr Marketplace are subject to full, unconditional, and validly expressed acceptance and confirmation of these General Terms by the respective Client.

The relationship of Smartbookr with Accommodation Providers is governed by separate contractual terms.

These General Terms constitute the entire Agreement between Smartbookr and each Client, which accesses or uses the Smartbookr Marketplace. No other general terms or conditions or agreements shall apply for the relations set herein, unless priorly and explicitly confirmed by Smartbookr.

These General Terms shall be always available on the following web address: www.smartbookr.com/terms

By confirmation of these General Terms each Client concludes an agreement with Smartbookr to use the functionalities of the Smartbookr Marketplace and the Website, which agreement shall be under the following terms and conditions:

I. DEFINITIONS

In these General Terms, unless the context otherwise requires, the following expressions shall have the following meanings:

  1. 1. Smartbookr – shall mean Smartbookr B.V., a company incorporated and existing under the laws of The Netherlands, with corporate number (KvK-nummer: 91372658), having its seat and registered address at: Zwanebloemlaan 111, 1087 JT, Amsterdam, Netherlands.
  2. 2. Website – shall refer to the official Website of Smartbookrhttps://smartbookr.com.
  3. 3. Marketplace – shall mean the internet-based bookings ecosystem “Smartbookr” accessible and integrated within the Website, which offers to Clients different functionalities related to offering, marketing, sales, and purchase of Accommodation Services at promotional prices and through secure innovative payment means and methods.
    1. 4.1. Accommodation Services – shall mean any accommodation service provided to Clients, including but not limited to accommodation in hotel, motel, apartment, bed & breakfast, by landlord and any other travel or related product or service as from time to time available, offered or sold to a Client through the Marketplace.
    2. 4.2. Property – shall refer both to the (i) respective hotel/motel/flotel room, rental house, rental apartment, or other place of temporary/tourist accommodation and to (ii) the entity, which legally administers such Property.
  4. 5. Client – shall refer to each natural person or corporate entity or organization of any type, which accesses and/or uses the functionalities of the Marketplace for the purposes of reviewing Accommodation offers; Reservation of Properties and purchase of Accommodation Services; using all sorts of accommodation-related services as offered in the Marketplace. but not be limited to: City tax, Tourist tax, Local tax, Municipality fee, Property/Hotel fee, Environmental fee, Resort fee (also known as a facility fee, a destination fee, an amenity fee, an urban fee, or a resort charge).

II. GENERAL PROVISIONS

  1. 1. Smartbookr.com is an innovative travel Marketplace, operating with Fiat payments, which offers Clients access to various Accommodation Services and options for promotional prices.
  2. 2. By confirmation and acceptance of these General Terms the Client fully also acknowledges the Constitutive Documents and declares that the Client fully understands, accepts, and recognizes the economic model behind the Marketplace resulting in all financial obligations and contributions applicable for Clients, which purchase Accommodation Services through the Marketplace.
  3. 3. Each Client acknowledges and understands that functionalities of the Marketplace can be used only and until the rules and conditions herein described are fully met by the Client respectively obliged under the corresponding clause of these General Terms.

III. CLIENT’S ACCOUNT

  1. 1. Each person can access the Marketplace and review Accommodation Offers available at the Marketplace by using the search functions available. Obtaining a Client’s Account is not necessary for such review. For avoidance of any doubt price levels on each Accommodation Offer shall be accessible for any person only after Registration/Social Network Authentication is completed under these General Terms. If booking without a Client's account, there will be additional booking & administrative charges added to the booking at payment.
  2. 2. In order for any Client to use the full functionalities of the Marketplace such Client should obtain a Marketplace Account either through Registration or via Social Network Authentication.
  3. 3. Upon Registration or Social Network Authentication via OAuth, the Client shall freely and willingly provide its Basic Data for the purposes of obtaining a Marketplace Account.
  4. 4. Smartbookr has full discretion to determine and/or to change the registration requirements and update the Registration process.
  5. 5. For the purpose of using additional functionalities of the Marketplace such as making Reservations, the Client shall also be requested to provide Additional Data. Only after the Additional Data is verified shall the Client be able to use such functionalities.
    1. 5.1. By accepting these General Terms the Client agrees that Client’s nationality declaration is mandatory and must be determined by selecting Client Nationality in the process of submitting a Reservation. This information must be in accordance with the Client’s passport.
    2. 5.2. Faulty or no declaration of Client’s nationality may cause consequences for which Smartbookr cannot be held liable. Therefore, the Marketplace won’t allow any Client to proceed with any Reservation should such Client fail to promptly declare their nationality in accordance with the respective instructions on the Website. In case any financial damage occurs due to a false nationality declaration, it will be covered by the Client in full.
  6. 6. All data gathered from the Client, to the extent it qualifies as personal data under GDPR, shall be stored and processed in accordance with the Privacy Policy of Smartbookr accessible at https://smartbookr.com/privacy.
  7. 7. Reservation functionalities and Accommodation Services can be used only by Clients that have full legal and contractual capacity and capability in accordance with the laws of their national jurisdiction.
    1. 7.1. A corporate entity shall be considered legally capable if it is duly incorporated and existing under the laws of the country of its incorporation and if the Registration at the Marketplace is conducted on behalf and on account of this entity by its legal representative.
    2. 7.2. Legal capability of natural persons shall be in accordance with the laws of their country of nationality and/or domicile, but in all cases, a natural person shall not be considered legally capable if it is less than 18 years of age. Persons that meet the jurisdictional age criteria for legal capability shall be considered capable until proven otherwise.
    3. 7.3. Each Client, if legally capable under the laws of its jurisdiction of seat, domicile, and/or nationality, shall be solely responsible to check and ascertain if it is also legally capable under the laws of any other jurisdiction, where Property and other Accommodation Services shall be used by this Client through the Marketplace. Smartbookr shall not be in any way responsible if any Client is in violation of any such jurisdiction's legal capability laws and regulations and/or if such Client cannot use any Accommodation Service reserved and/or paid due to incapability.
  8. 8. Each Client is obliged to access its Account only personally or through a duly authorized representative.
  9. 9. For avoidance of any doubt, all actions or omissions registered from the Account of a certain Client shall be considered actions or omissions of this Client until duly proven otherwise.
  10. 10. Smartbookr shall ensure that the access data for each Account is provided solely to the respective Client holding this Account and is generally not visible by any other entity or person.
  11. 11. Notwithstanding the above obligations of Smartbookr, the Client will be solely obliged to keep its access data protected, and Smartbookr bears no liability whatsoever for any misuse of the Client’s Account by an unauthorized third party or any other unauthorized actions performed through the Account of the Client by such third party.

IV. ACCOMODATION OFFERS

  1. 1. Various Accommodation Offers are accessible at the Marketplace as each Accommodation Offer shall contain the information on the Property and Accommodation Services provided by the respective Accommodation Provider.
  2. 2. Only Accommodation Offers of professional Accommodation Providers shall be available at the Marketplace.
  3. 3. Smartbookr shall not be held responsible for the content of the Accommodation Offer. Should at any point in time Smartbookr has reasonable suspicions that certain Accommodation Offer either: contains false or misleading information, or is related to crime or administrative violation, or has content that is contradictory to the Marketplace Ethical Policies under Section XIV, or to the clauses of these General Terms, Smartbookr has the full right to suspend the publication and availability of any such Offer, until proven otherwise.
  4. 4. Smartbookr shall have the right to also suspend or delete any publication of Accommodation Offer in case of:
    1. 4.1. Smartbookr receives an act of competent court or other legitimate administrative body requesting suspension or deletion of such offer.
    2. 4.2. any third-party infringement claims related to infringements of such third parties' legal interests related to such offer, unless proven that such claims are not brought to the attention of and/or supported by the competent court or jurisdiction.

V. RESERVATIONS

  1. 1. Clients shall have the option to review Accommodation Offers available at the Marketplace, as well as to select, reserve and purchase certain Accommodation Services by making a Reservation through the Marketplace.
    1. 1.1. The Client hereby acknowledges that Reservations will be completed only based on the necessary Basic and Additional information provided by the Client.
    2. 1.2. Smartbookr or Accommodation Provider has the right to reject or cancel any Reservation if it is established that the Client has provided false, misleading, and/or inaccurate information. If such act of the Client might constitute a fraud or other crime, Smartbookr has the full right to report such suspicions to the competent authorities.
  2. 2. Client can select an Accommodation Offer and choose between all variable options for Accommodation Services existent in such offer before finalizing the Reservation. Before completion of the Reservation process, the Marketplace will indicate:
    1. 2.1. The amount of the Accommodation Fee, with all Fixed Fees included and with the amount of the Burn Contribution included.
    2. 2.2. All Variable Fees and Taxes to the extent indicated in art.VI.4.6.1.
    3. 2.3. Type of the Deal.
  3. 3. When the Client selects the required Accommodation Services, the Client will submit the Reservation by clicking on the respective button, available on the Website.
  4. 4. Submitting of a Reservation shall be only considered as a request for delivery of Accommodation Service under the conditions specified in accordance with art.V.2 but will be binding for Smartbookr or for the respective Accommodation Provider only upon Confirmation of such Reservation. No obligations for delivery of any Accommodation Service shall arise for Smartbookr or any Accommodation Provider until the respective Reservation is confirmed through the Marketplace.
  5. 5. After Confirmation, Reservation can be cancelled by the Client only if cancellation option is available for the respective Accommodation Offer. When cancellation option exists, it will be exercisable under the terms indicated in the Marketplace for the respective Accommodation Offer and for the respective cancellation fees and/or penalties (when such fees or penalties are fixed as a condition for cancellation).
  6. 6. Certain Reservations shall be valid and considered completed only if and when the Client confirms the respective Provider’s Policies, when this Accommodation Provider explicitly requires such confirmation. Smartbookr won’t be held liable for any clauses, terms, conditions, or regulations in such Provider’s Policies, even if such clauses, terms, conditions, or regulations are contradictory to these General Terms or to any law or regulation active in any jurisdiction.
  7. 7. Only Accommodation Offers displayed on the Website can be selected and booked through the Marketplace. The electronic process for making new Reservations or modifying or cancelling existing Reservations must be followed to ensure that Smartbookr receives all Client’s requests. Smartbookr won’t be responsible if certain Reservation or other communication is not received due to any Client not following the respective process.
  8. 8. Reservations can be submitted entirely and only through the Website under the procedure displayed and in strict observance of the steps proposed and by choosing the options offered at each step (if different options exist). Any other type of bookings, reservation, or requests, including made by phone, fax, or email, will not be accepted and will not be treated as valid. Smartbookr will not honour any rate certain Client can potentially claim to have obtained in any way other than through the Marketplace.
  9. 9. All Reservations for Properties located in any Sanctioned country must be consistent with applicable restrictions. No refunds will be made, or liability incurred with respect to any travel arrangements, or related payment arrangements that are prohibited under the respective applicable law.
  10. 10. The Client acknowledges that different terms may apply for completion, Confirmation and payment of its Reservation depending on the Type of the Deal. The applicable terms shall be determined by the Type of the Deal indicated through the process of Reservation as:
    1. 10.1. If the Reservation is structured as Prepaid Deal the specific rules of Appendix 1 shall apply.
    2. 10.2. If the Reservation is structured as Paid-at-Property Deal the specific rules of Appendix 2 shall apply.
  11. 11. Group Reservations shall not be allowed in the Marketplace. However, in case any Client uses the Marketplace to make any Group Reservation, such Client shall become liable for all additional penalties and costs that may be levied by the Accommodation Provider and/or Smartbookr. The original Reservation shall thereafter be invoiced as a Group Reservation with the inclusion of all such applicable charges (if different).
  12. 12. Reservations can be made only for Client’s own accommodation needs. Speculative Reservations (reservations made with resale intentions and/or results) are not allowed and if such case is discovered, Smartbookr and/or the Accommodation Provider / Property shall have the right, depending on the moment, to reject or cancel such Reservation or to seek damages and/or lost profits. When such cancellation is for Non–refundable Reservation, the Client shall have no right to seek repayment of any amounts prepaid for this Reservation and neither Smartbookr nor the Accommodation Provider shall be obliged to refund any such payments.
  13. 13. For all confirmed Reservations the Marketplace shall generate and provide the Client with an electronic voucher containing all the information relating to the Reservation, as follows:
    1. 13.1. Property information: Name, category, address, location, and telephone number.
    2. 13.2. Client’s information: Reservation owner (or lead end consumer) and at least one pax name per room. In the event of reservations with one room, the holder name is sufficient.
    3. 13.3. Reservation information:
      • a. Smartbookr reference for the reservation, and agency reference, if applicable.
      • b. Check-in and Checkout dates.
      • c. Room type and meal arrangement.
      • d. Rate comments if applicable.
      • e. Type of the Deal.
  14. 14. Upon Confirmation of the Reservation a Reference number will be generated automatically by the Marketplace and indicated in the Voucher.
  15. 15. Cancellation and Refunding policy
    1. 15.1. Cancellation of Reservation by the Client and eventual refunding shall be subject to the conditions of the respective Accommodation Offer, on which Reservation was completed and the Type of the Deal.
    2. 15.2. Cancellations shall be considered valid only if procured through the Marketplace.
    3. 15.3. Upon cancellation of Refundable Reservation the Client shall be entitled to seek full or partial (depending on the timing of Cancellation) refunding of the Refundable Costs only within the Refund Period. Once the Refund Period has expired the Reservation shall be treated as Non–Refundable Reservation.
    4. 15.4. In the event that the Client seeks a full or partial (depending on the timing of Cancellation) refunding of the Refundable Costs within the Refund Period and has initially paid for the Refundable Reservation with United States Dollars (USD), EURO (EUR), British pounds (GBP) or other FIAT currencies implemented in the Marketplace, the refund will be initiated in the same respective FIAT currency.
    5. 15.5. The Client acknowledges that certain Refund Periods can be structured on time stages, as if the Cancellation is made after the occurrence of certain date/s, the amount of the Refund Costs shall decrease.
    6. 15.6. In each Property and/or Accommodation service available, the Marketplace shall display if the Reservation is Refundable or Non–Refundable, as well as the Refund Period. Such information together with the Refund Costs shall be also provided upon Confirmation.
    7. 15.7. The Client shall have no right to receive back any part of the amounts paid by such Client in regard to a Non–Refundable Reservation which was cancelled by the Client.
  16. 16. Refundable Reservation shall be considered eligible for refunds only within the Refund Period and only in compliance with the respective Provider’s Policies. Outside the Refund Period, all Reservations shall be treated as Non-Refundable Reservations.
  17. 17. No-Show
    1. 17.1. In case of No-Show all amounts paid by the Client shall be treated as non-refundable.
    2. 17.2. In case the respective Provider has additional penalties and/or charges due to No-Show, such charges shall be added to the final calculation of the Reservation Costs and shall be paid by the Client.
    3. 17.3. If not explicitly stated that modifications are not allowed, Clients will most probably be able to change certain parameters of their Reservation, however, charges will apply. Smartbookr does not charge Reservation amendments handling fee.
  18. 18. Special requests. The Client can inform for special requests (for example, dietary requirements, cots or room location) through the Marketplace. Such requests will be forwarded to the Property. However, the Client fully acknowledges that neither Smartbookr, not the Accommodation Provider shall held responsible if such cannot be fulfilled

VI. PRICES & FEES

  1. 1. Each Client shall use the Accommodation Services available at the Marketplace only against full and correct payment of all fees and contributions indicated in these General Terms and on the Website.
  2. 2. Accommodation Fee
    1. 2.1. The Accommodation Fee will, after due Registration of the Client, be duly indicated in the Marketplace for each Accommodation Offer and can vary depending on different room options, food & additional services options and other variables related to the respective Property.
    2. 2.2. The Accommodation Fee shall be with all Fixed Taxes included and with all other fees and costs chargeable by Smartbookr, unless if and when stated otherwise in the Marketplace.
  3. 3. Any local/city tax that is applicable is paid directly to the property.
  4. 4. Price indications
    1. 4.1. Prices displayed at the Marketplace are liable to change at any time, but changes will not affect the Accommodation Services in respect of which the Client has received a Confirmation. Smartbookr reserves the right to vary prices after Confirmation has been given only in the case of variations in taxes, VAT, or other conditions beyond its control, as well as in case of exchange rate variations in excess of 3%, changes in the periods of trade fair events by hotels or similar situations.
    2. 4.1.1. While Smartbookr try and ensure that all rates on the Website are accurate, errors may occur. Smartbookr and/ or the Accommodation Provider will be under no obligation to provide Accommodation Services to the Client if an incorrect rate has been stated.
    3. 4.1.2. Reservations made for special event periods may incur special booking conditions and rates. The Client will be notified if these conditions and rates apply at the time of the Reservation.
    4. 4.2. Prices on all Accommodation Offers, for all Accommodation Services and all related fees and contributions under these General Terms shall be indicated in United States Dollars (USD) and upon selection by the Client prices can also be indicated in EURO, British pounds (GBP) as well as in the other fiat currencies implemented in the Marketplace. Prices in these currencies are displayed based on data provided by the API administrator.
    5. 4.3. In case of payment in any different Fiat currency or in any acceptable Crypto currency, the respective payment shall be calculated and charged under the following exchange rates applicable up to the moment of such payment:
      1. 4.3.1. For Fiat payments – under the exchange rates offered by the respective payment processor.
      2. 4.3.2. For Crypto payments – in exchange rates offered by the respective Crypto processor.
    6. 4.4. Smartbookr shall not and cannot be held responsible for any differences resulting of such exchange rates, which the Client might consider negative.
    7. 4.5. Smartbookr shall to the maximal extent possible provide indication for all Variable Fees and Taxes, as well as other additional fees and taxes that apply for any payment.
    8. 4.6.1. However, Smartbookr shall not be held responsible if Smartbookr cannot provide the Client correct information or cannot provide any information on certain Variable Fees and Taxes, should such impossibility of Smartbookr results from certain Accommodation Provider is not providing the corresponding information or provides incorrect or misleading information. In such cases Smartbookr shall not be held liable for any damages or loss profits incurred as a result of payment of any such taxes and/ or fees.
    9. 4.6.2. Smartbookr shall also bear no responsibility in cases of amendments in tax and/ or travel/ tourist regulations in any jurisdiction which result or can result in changes in any Fixed Taxes, Variable Fees and Taxes and other taxes of statutory fees. In some countries, there is a local tax known as "visitors' tax", “city tax” "tourist tax" (or similar) and other fees including (but not limited to) resort fees or service charges, which shall be paid directly by the end consumer at the accommodation establishment and/or at the airport. Smartbookr shall use reasonable endeavours to provide, at the time of Reservation, an estimation of the applicable fees and/or local tax(es) attributable to each individual booking and payable at the time of booking and/or locally on arrival (“Local Tax/Fee Estimation”). Notwithstanding the foregoing, Smartbookr does not warrant that the Local Tax/Fee Estimations shall be accurate, and the Client hereby acknowledges and agrees that the Local Tax/Fee Estimations are provided as estimates only. The Client further acknowledges that Local Taxes and Fee Estimations, may change from time to time. As a result, Smartbookr cannot be held liable for any loss, costs or damages incurred as a result of the provision of such Local Taxes/Fee Estimations. Confirmation of and the accuracy of the Local Taxes/or Fee Estimations is ultimately the responsibility of the Client.
    10. 4.7. The price does not include any service not specified in the Reservation Confirmation.
    11. 4.8. Based on the selections made by the Client for type of Property and Accommodation Service required, length of the stay (number of nights), number of persons, the Marketplace (based on the information received by the Accommodation Provider through the API) will indicate total Accommodation Fee which will include all these parameters preselected by the Client. Price does not include any extra services such as telephone calls, insurance, laundry service, minibar, parking, etc., which shall be paid by the Client separately to the respective provider.
    12. 4.9. The following items could be excluded from the price: (i) any refundable deposits which may be required by Accommodation Providers, (ii) non-refundable fees for services (i.e. cleaning services, Wi-Fi etc) and (iii) Variable Fees & Taxes (including local taxes). These should be paid by the Client at arrival if applicable. Any of these items should always be informed at the time of Reservation and written in the voucher.
    13. 4.10. Both price and availability of the selected Accommodation Service may be subject to change before confirmation of the Reservation.
    14. 4.11. Not all of the prices displayed in the Marketplace are applicable for the local market. In addition, some other markets may be affected, and, in such cases, the respective Accommodation Provider is within their rights to change the price without prior notice.

VII. PAYMENTS

  1. 1. Any payment made to or facilitated by Smartbookr for and on behalf of the Client, will in each case constitute a payment of (part of) the Accommodation Fee and other fees and contributions under these General Terms and the Client shall not be able to reclaim such paid monies, except in the cases explicitly mentioned in these General Terms.
  2. 2. Prepaid Deal

    When the Client purchases a Prepaid Deal all payments for Accommodation Fee and Burn contribution shall be charged and procured under the procedure set in Appendix 1 (“Prepaid Deal”) to these General Terms.

  3. 3. Paid-at-Property Deal

    When the Client purchases a Paid-at-Property Deal all payments and contributions shall be charged and procured under the procedure set in Appendix 2 (“Paid-at-Property Deal”) to these General Terms.

VIII. SUSPICIOUS OPERATIONS AND PAYMENTS

  1. 1. Should at any point in time Smartbookr has reasonable suspicions that certain actions or operations are procured by the Client (from the Account of the respective Client) in the Marketplace either:
    • (i) are unauthorized or
    • (ii) payments are from illegal or illegitimate source, or
    • (iii) are related to crime or administrative violation, or
    • (iv) operations and/or payments might be procured without the actual knowledge of the Client, or
    • (v) certain action and/or operation is contradictory to the Marketplace Ethical Policies under Section XIV, or to the clauses of these General Terms,
    Smartbookr has the full right (but not the obligation) to immediately and cumulatively take the following actions (until otherwise proven):
    • a/ suspend or cancel any such suspicious action and/or operation to the extent possible.
    • b/ block and retain any outstanding payment to the extent possible.
    • c/ remove any infringing content.
    • d/ duly inform competent authorities and banking and financial institutions.
    • e/ conduct private investigation and request any additional information by all interested parties.
  2. 2. Smartbookr shall have the rights under art. VIII.1 above also in case of:
    1. 2.1. Smartbookr receives act of competent court or other legitimate administrative body requesting any such actions.
    2. 2.2. any third-party infringement claims related to infringements of such third parties legal interests related to such actions, payments, or operations, unless proven that such claims are not brought to the attention of and/or supported by the competent court or jurisdiction.
  3. 3. For avoidance of any doubt any rights of Smartbookr under art. VIII.1 of these General Terms shall not waive the obligations of the Client under art.III.11., nor shall such rights exclude the disclaimer of Smartbookr under art.III.11. Furthermore, Smartbookr shall not be held responsible if it decides not to make use of or exercise its rights under art. VIII.1 above.

IX. CLIENT’S OBLIGATIONS. COMPLAINTS POLICY

  1. 1. The Client shall be liable for obtaining all the documentation required at specific foreign destination, such as visas, ID’s, passport, medical documents, etc. and Smartbookr shall not be liable for any circumstance or expense incurred due to lack of documentation or non-compliance of requirements.
  2. 2. The Client hereby undertake and commit that the Client will in all cases use any rented Property with the due care and to:
    1. 2.1. keep it safe, intact, and sanitary.
    2. 2.2. dispose with any garbage to the marked places.
    3. 2.3. inform the Property administrator in any case of problems, including such that can potentially harm or damage the integrity of the Client, any other person’s, or the Property itself.
    4. 2.4. make sure that the Client, nor any of their guests, or anyone they allow onto the Property do not damage the Property or any other part of the premises they have access to, including the common area, restaurant, SPA, pool, or backyard or others.
    5. 2.5. respect any of the other visitors peace and quiet.
    6. 2.6. observe all internal rules, applicable for such Property.
  3. 3. The Client shall be obliged to carefully read all the reservation, cancellation and refund policies of an Accommodation Provider or Property, which are applicable for the Reservation such Client is making through the Platform.
  4. 4. For avoidance of any doubt, the Client shall carry with him/her/ all his/her luggage and personal belongings when travelling by land, irrespective of the location within the vehicle where these are stowed, and that such luggage and personal belongings are carried at his/her own risk. Clients are recommended to be present during handling, loading, and unloading of any items of luggage.
  5. 5. With regard to transport of luggage by air, by rail, by sea or by river, the general terms, and conditions applicable to the applicable transportation companies shall apply, with the ticket being the binding document between the aforementioned companies and the Client. In the event of any damage or loss, the Client shall at that time make a claim to the applicable transportation company.
  6. 6. In any case Smartbookr Ltd. will not be responsible for the Client’s luggage.
  7. 7. Complaints Policy
    1. 7.1. Smartbookr shall use reasonable endeavours to ensure that Accommodation Providers/ Properties accept liability and indemnify, when reasonably applicable, from and against any claims of its Clients arising from the delivery of the Accommodation Services. Therefore, Smartbookr hereby commits to ensure that, when possible, the Client files any claim for the Accommodation Services directly with the Accommodation Provider/ Property, which will be the only liable for the complaint. The Client also acknowledges that Smartbookr has no control over the delivery of any part of the Accommodation Services.
    2. 7.2. Smartbookr shall use reasonable endeavours to administer any complaints received by Clients to the respective Accommodation Provider/ Property.
    3. 7.3. The Client is obliged to draft their complaint in not more than 7 days after the end of the planned use of the respective Accommodation Services.
    4. 7.4. Complaints should be drafted in English and should contain full, clear, and understandable description of the events and reasons that give rise to the complaint.
    5. 7.5. Complaints shall only be submitted in accordance with the instructions indicated on the Website and only to the communication channels as indicated in the Website.

X. REPRESENTATIONS & WARRANTIES OF THE PARTIES

  1. 1. Representations and Warranties of Smartbookr
    1. 1.1. Smartbookr hereby declares and guarantees that it is duly incorporated and validly existing under the laws of its jurisdiction of incorporation and has full corporate power and authority to carry on its business.
    2. 1.2. Smartbookr has the legal right, full power and authority and all necessary consents to establish these General Terms and to enter into and perform Smartbookr’ obligations under these General Terms.
  2. 2. Representations and Warranties of the Client
    1. 2.1. The Client hereby declares and guarantees that it has full legal and contractual capacity and capability under art.III.5. of these General Terms.
    2. 2.2. The Client hereby declares and guarantees that it has full legal capacity and all necessary rights to enter in the agreement contemplated in these General Terms and to fulfil its obligations under these General Terms and under the accommodation offers and Accommodation Agreements executed through the Marketplace.
    3. 2.3. The Client hereby declares and guarantees that it will always provide true, correct, full and actual data upon its Registration as well as anytime it makes Reservation through the Marketplace and shall always keep such data in its Account true, actual, and updated.
    4. 2.4. The Client hereby declares and guarantees that it has full right and authorization to use all bank accounts, Bank Cards, Wallets and/ or other payment means the Client indicated as its Billing information for the purpose of covering all due amounts and contributions under these General Terms.
    5. 2.5. The Client further guarantees that it will always use only legitimate payment sources and means and will register and provide in its Account only its personal, true, and correct payment & billing information.

XI. SMARTBOOKR DISCLAIMERS

  1. 1. Financial and Contractual Disclaimers
    1. 1.1. Smartbookr cannot and shall not be held liable or responsible in case of any breach or non-fulfilment of any Accommodation Provider or Property to fulfil any Reservation or provide any Accommodation Service.
    2. 1.2. Smartbookr cannot and shall not be held liable or responsible for any payments lost by any Client as a result of fraud, phishing, hacker attacks and/ or any other malicious and/or criminal activity, nor in case of any disputes between Client and Accommodation Provider.
    3. 1.3. Furthermore, Smartbookr shall hold no responsibility whatsoever in case of due remittance or withholding of any payment by any Accommodation Provider/ Property, which act is disputed by Client by reason of any claimed breach or non-fulfilment against the respective Accommodation Provider.
    4. 1.4. Smartbookr shall not be liable to the Client for any indirect, special, or consequential loss, including economic loss, which term shall include, but not be limited to, loss of profits, loss of use of profits, business, revenue, goodwill or anticipated savings.
  2. 2. Technical & Security Disclaimers
    1. 2.1. Smartbookr shall not be responsible for any cyber-attacks and/ or viruses, data thefts, ransomware, malware attacks, phishing, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing, fail of service providence or any of the like during the use of Marketplace functionalities, data charges, other fees and taxes associated with Client’s access and use of the Marketplace.
    2. 2.2. Smartbookr shall not be responsible in cases of unauthorized and/ or malicious acts of third parties accessing and/ or operating with any Client’s bank account or Wallet without the necessary permission.
  3. 3. Regulatory Disclaimers
    1. 3.1. These General Terms comply with the applicable laws as indicated in Section XVI below. Smartbookr cannot and shall not be held liable and responsible for non-compliance with the laws of any other jurisdiction from which the respective Client is accessing the Marketplace.
    2. 3.2. Each Client shall presumptively be considered fully aware of the laws and regulations of the jurisdiction, from which such Client is accessing the Marketplace. If such laws and regulations of such jurisdiction are fully or partially contradictory to certain operation and/ or action the Client is performing or intends to perform on the Marketplace, this Client shall be considered not allowed to perform such action and/ or operation.
    3. 3.3. In all cases the Client will be fully responsible for any actions or operations performed in breach of art.XI.3.2. above and shall in accordance with Section XIII fully indemnify Smartbookr for any damages and/ or lost profits.
  4. 4. Force Majeure
    1. 4.1. In no case Smartbookr will be held liable for failure to perform in a timely manner any obligation under these General Terms should an act of Force Majeure occur.
    2. 4.2. Smartbookr shall immediately announce the occurrence of Force Majeure event through the Website or through any other available communication means, unless when the Force Majeure event affects the communication abilities of Smartbookr or unless such Force Majeure event is notorious or publicly known.
  5. 5. Client’s Default Disclaimers
    1. Smartbookr Ltd. shall not be held liable for any acts and/ or omissions by any Client in violation of any law, rule, regulation, contract and/ or these General Terms. In any case of such breach or non-performance, Smartbookr and/or the Accommodation Provider has the right to automatically cancel such Client Reservations with no right of the Client to any compensation whatsoever.
  6. 6. Specific Disclaimers
    1. 6.1. Smartbookr shall not be liable for any acts, omissions, breaches or negligence of any such independent businesses or any damages or expenses resulting from the Accommodation Services provided by certain Accommodation Provider or Property, including but not limited to damages resulting from death, injury, illness, damage, loss, accident, theft, delays or any other irregularity or quality issues which may arise (i.e. delays, overbookings, etc.), whether directly or indirectly, from the supply of Accommodation Services by Accommodation Providers/ Properties.
    2. 6.2. Smartbookr has taken reasonable care to ensure the content of all Accommodation Offers is correct. The Client however acknowledges that content of such offers is made available to Smartbookr Ltd. by third-party suppliers. All product content is prepared in good faith, but the Client acknowledges that Smartbookr cannot check the accuracy of all information provided by Accommodation Providers or third-party suppliers. The Client acknowledges that such offers content is subject to amendment at any time without notice. Smartbookr Ltd. has no direct control over the third-party suppliers of products and will not be liable in the event that any services or facilities are changed or withdrawn.

XII. AGGREGATE LIABILITY AND CLAIMS LIMITATIONS

  1. 1. Claims Limitation
    1. 1.1. Smartbookr is in intentional or gross negligent breach of any of its obligations under these General Terms; and
    2. 1.2. if such claim is made by the Client in not more than 15 days after the check-out date as the event giving rise to such claim or, in case of series of events, the first such event which gives rise to such claim.
  2. 2. Aggregate Liability
    1. Smartbookr maximum liability to each Client for any reasonable and foreseeable loss, damage, or liability which the Client/s may suffer or incur as a result of Smartbookr Ltd. failure, breach of contract, or the deliberate or negligent acts or omissions of any of Smartbookr employees, shall be limited to the sum of the Accommodation Fee and the Burn Contribution procured on the respective Reservation.

XIII. INDEMNIFICATION

  1. 1. The Client hereby agrees to indemnify, defend and hold Smartbookr Ltd. harmless from and against any loss or liability, including legal expenses, arising out of any and all claims, demands, debts, damages, consequential damages, losses, actions, suits, expenses or costs arising out of or in connection with incurred damage or loss in any way sustained or alleged to have been sustained in connection with the Accommodation Services purchased under these General Terms due to any negligent act, failing or omission on the part of Client and/or other persons, using these services together with the Client and/or any such third party.
  2. 2. In case the Client or any member of its party behave in an inappropriate manner or cause damage, distress, offence, or injuries to others or if the Client’s actions risk damage to persons or property of others including the Accommodation Provider’s or third parties, the Client will bear the full consequences and costs of eventual actions taken against the Client by Smartbookr, the Accommodation Provider or competent authorities.
  3. 3. Should Smartbookr be held liable for any costs, damages, fines, fees etc. as a consequence of the Client’s or a member of its party’s actions by the Accommodation Provider or by third parties (including legal authorities), the Client shall fully indemnify and hold Smartbookr harmless from any of such claims (including legal fees incurred by Smartbookr in order to defend itself).
  4. 4. The Client will be liable for any loss or third-party claim, including cancellation charges Smartbookr may incur as a result of any incomplete or inaccurate details in the Reservation.

XIV. MARKETPLACE ETHICAL STANDARDS

  1. 1. Each Client commits and undertakes to comply with the Marketplace Ethical Standards when accessing the Marketplace and the Website.
  2. 2. Each Client shall be obliged:
    1. 2.1. not to behave inappropriately, nor to publish or try to publish illegal or inappropriate content.
    2. 2.2. not to use its Account for promoting hate speech, terrorism, violence or any criminal or discriminatory activities.
    3. 2.3. not to upload or try to upload any content, which might be harmful for third parties or to the Marketplace or can potentially infringe any third-party IP rights.

XV. OTHER REGULATORY PROVISIONS

  1. 1. By confirmation and acceptance of these General Terms, each Client explicitly declares that this Client:
    1. 1.1. Is not in any way involved in money-laundering and/ or terrorist financing and/ or any other criminal activity.
    2. 1.2. will not use any of the Accommodation Services for any of the activities under art.XV.1.1. above or for any other criminal or illegal activity and will always observe the applicable laws and regulations.
    3. 1.3. will use only authorized and legal payment means.
    4. 1.4. will use and pay only with funds from legitimate source.
    5. 1.5. will provide only true, correct, and adequate information for any of the circumstances above, when requested by Smartbookr.
  2. 2. If in any moment Smartbookr has reasonable suspicion that either the Marketplace or any Accommodation Service offered or purchased through the Marketplace is used for illegal activities, Smartbookr will have the right to initiate any of the actions below:
    1. 2.1. suspend any delivery of Accommodation Services to the suspected Client.
    2. 2.2. require any additional information and/ or documents from such suspected Client.
    3. 2.3. report immediately to the competent authorities and provide any information available for the suspected Client and the relevant operations performed by such Client.
  3. 3. Whenever the European Package Travel Directive must be applied due to the intention to include any of the Accommodation Services provided in a package, the Client undertakes to strictly comply with the Package Travel Directive and/or any legislation that develops, adds to and, when appropriate, replaces them, delivering or enabling the delivery of all the appropriate information to the end consumer, requesting its signature and approval of the package travel conditions when necessary.
  4. 4. Intellectual property
    1. 4.1. Unless stated otherwise, the software required for the services, provided by the Marketplace or available at or used by the Marketplace and the intellectual property rights (including the copyrights) of the contents and information of and material on the Marketplace are owned by Smartbookr B.V.
    2. 4.2. Smartbookr exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel including infrastructure of) the Marketplace on which the service is made available (including the guest reviews and translated content) and the Client is not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or Smartbookr brands and trademarks without the express written permission of Smartbookr. To the extent that the Client would (wholly or partly) use or combine Smartbookr’ (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Marketplace or any (translated) content or guest reviews, the Client hereby assign, transfer, and set over all such intellectual property rights to Smartbookr. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of the intellectual property rights (including copyright and database right) of Smartbookr.

XVI. APPLICABLE LAW

These General Terms shall be governed by and construed in accordance with the Dutch laws, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.

XVII. DISPUTES

  1. 1. All disputes between Users related to any Reservation, deal, Accommodation Agreement and/ or other relations between them shall be separately and independently resolved between these Users and Smartbookr shall be held harmless of any such disputes.
  2. 2. All claims and disputes affecting Smartbookr under these General Terms shall be with the exclusive jurisdiction of the competent courts in Amsterdam, Netherlands, unless any conflicting or prevalent regulation set the venue elsewhere.

XVIII. ELECTRONIC STATEMENT

  1. 1. The Client acknowledges that by the act of clicking or ticking on the respective field on the Website, where it is described that the Client read, understood and confirms/ approves these General Terms, shall constitute an electronic statement for acceptance, signing and confirmation of these General Terms on behalf of the Client.
  2. 2. These General Terms are available at https://smartbookr.com/terms and can always be downloaded in pdf. format by the Client and stored on its device.

XIX. MODIFICATIONS AND AMENDMENTS

  1. 1. Smartbookr shall be fully entitled to modify and/ or amend these General Terms whenever Smartbookr finds this suitable and necessary.
  2. 2. Any change and/ or modification shall be announced on the Website as changes and updates shall become effective not less than 7 (seven) days as of the date of such announcement.
  3. 3. Each User shall be considered as duly agreed with changes in these General Terms as of the date of expiry of the period under art.XIX.2 above.

XX. MISCELLANEOUS

  1. 1. The Client hereby agrees that if any portion of these General Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. Parties shall negotiate in good faith in order to agree on the terms of a mutually satisfactory alternate provision, which shall, to the furthest possible extent, produce the same effects.
  2. 2. These General Terms are drafted and approved in English.
  3. 3. Appendix 1 (Prepaid Deal) and Appendix 2 (Paid-at-Property Deal) constitute an inseparable and integral part of these General Terms and are approved by the Client together with the consent and approval of these General Terms.
  4. 4. No failure or delay by Smartbookr in exercising any right, power or remedy under these General Terms shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy, nor shall constitute moratorium or novation of its obligation.
  5. 5. No one other than a party to these General Terms, their successors and permitted assignees, shall have any right to enforce any of its terms.
  6. 6. Smartbookr contact data shall be always available on the Website.

These General Terms of Use were legally adopted by a Decision of the CEO of Smartbookr BV. Dated 01.10.2024.

I, the Client, have read and understood and I hereby accept all the terms and conditions set here above.

APPENDIX 1

Prepaid Deals

I. Scope

  1. 1. Each Reservation, which is processed and paid as a Prepaid Deal shall be also subject to the specific clauses of this Appendix 1 of the General Terms.
  2. 2. For avoidance of any doubt the entire General Terms (including this Appendix 1) shall fully apply and regulate the Prepaid Deals with the exception of Appendix 2, which shall not be applicable for the Prepaid Deals.
  3. 3. In Prepaid Deals the Accommodation Fee thus indicated through the API shall be used by Smartbookr as a basis for calculation and charging of the Burn Contribution.

II. Payment

  1. 1. Upon Reservation made on a Prepaid Deal, the Client shall be obliged to pay in advance to Smartbookr the full amount of the Accommodation Fee with all Fixed Taxes included.
  2. 2. Upon such Reservation the Client shall be also obliged to make the Burn Contribution through the Distribution Entity.
  3. 3. All other Variable Fees and Taxes and other expenses out of the payments under art.II.1. and art. II.2. of this Appendix I shall be covered by the Client at the respective Property under the respective rules for their payment.
  4. 4. The Client acknowledges that full and due performance of the obligations under art.II.1. and art. II.2. of this Appendix I shall be condition for validity of the Reservation. If the payments under art.II.1 and contribution under II.2. of this Appendix I are not procured by the Client, Smartbookr shall have no obligation to accept the Reservation and can reject it.
  5. 5. The Client shall receive invoice for the paid Accommodation Fees in 5-day period after the payment is processed. Purchase Receipt can be issued upon request at any moment after a successful payment has been made and the Reservation has been confirmed.

III. Reservation

  1. 1. The Client hereby understands and acknowledges that submission and prepayment of the Reservation shall constitute only a request for the respective Accommodation Service but shall be not binding until the Client receives Confirmation of the Reservation.
  2. 2. If Smartbookr is not able to ensure the Property/Accommodation Service required with the Reservation, Smartbookr has the option to:
    1. Offer an equivalent Property/Accommodation Service to the Client.
    2. Reject the Reservation.
  3. 3. If the Reservation is Rejected and/or the Client rejects the offer of Smartbookr under art.II.2.1. of this Appendix, Smartbookr shall refund to the Client, in period not exceeding 7 days as of such event, all amounts paid by the Client and shall also ensure that the Distribution Entity shall return the amount of the Burn Contribution. However, the Client hereby accepts that any fees collected by either Payment processor and/or Crypto processor shall not be refunded.
  4. 4. If the Client confirms the offer of Smartbookr under art.II.2.1., Smartbookr and the Distribution Entity shall be obliged to return amounts to the Client only if the price of the equivalent Accommodation Service is lower. In such case the amounts to be returned shall be equal to the difference between the prices and fees due for the initially requested Accommodation Services and the Accommodation Services actually purchased.
  5. 5. In extreme circumstances Smartbookr may be forced to cancel the Client’s Reservation in which case the Client will be notified of such change as soon as possible and a full and prompt refund will be made. In no circumstances shall Smartbookr be liable for any consequential or indirect loss or damage. Our liability shall be limited to the amount paid to Smartbookr for any Reservation.

IV. Payment means & methods

  1. Payment means
    1. 1.1. The Prepaid Deals shall be payable to Smartbookr with payments in Fiat and in Crypto.
    2. 1.2. Only the Crypto currencies indicated on the Website shall be considered acceptable Crypto means of payment.
    3. 1.3. Fiat currencies might be subject to different exchange rates in accordance with the terms offered by the respective payment processor.
  2. Payment methods
    1. 2.1.1. Bank card payment in Fiat
      1. a/ Bank card payments in Fiat shall be accepted only in Fiat currencies indicated on the Website.
      2. b/ Fiat payments shall be administered by payment processor as authorized by Smartbookr and the Client can also be charged with additional payment processor’s fee in amounts under such Payment processors tariffs. Such fee shall be calculated and indicated by the Marketplace before finalization of the Reservation procedure.
      3. c/ If certain bank card payment is procured in different currency, payment processor’s or bank’s exchange fee could appear for the Client.
    2. 2.1.2. Bank transfer payment – only if such method is explicitly announced on the Website.
    3. 2.2. Crypto payment (not available at this time)
      1. a/ The Client shall also have the option to pay the due fees and costs with all other Crypto (different than LOC), as indicated on the Website.
      2. b/ Such crypto payments shall be administered by a crypto processor as authorized by Smartbookr and the Client shall also be charged with additional crypto processor’s fee in amounts under such crypto processors tariffs.
  3. 3. In the event of credit card fraud or any unauthorized use of Client’s credit card by third parties, Client shall seek compensation from the respective card issuer and/or card account provider. In the event that card issuer and/or card account provider charges the deductible from the Client due to unauthorized transactions resulting from a Reservation made on the Marketplace, Smartbookr will cover such deductible to the Client up to an aggregate amount of EUR 50 (or the equivalent in Client’s local currency). Such indemnification shall be conditional upon such Client priorly reported such fraud to the relevant card issuer and/or card account provider (in accordance with its reporting rules and procedures) and contacted Smartbookr immediately. For any case of indemnification requested Smartbookr will require sufficient evidence on the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card Reservations made using the Marketplace’s secure server and the unauthorized use of Client’s credit card resulted through Smartbookr default or negligence and through no fault of the Client while using the secure server.

APPENDIX 2

Prepaid Deals

I. Scope

  1. 1. Each Reservation, which is processed and paid as a Paid-at-Property Deal shall be also subject to the specific clauses of this Appendix 2 of the General Terms.
  2. 2. For avoidance of any doubt the entire General Terms (including this Appendix 2) shall fully apply and regulate the Paid-at-Property Deals with the exception of Appendix 1, which shall not be applicable for the Paid-at-Property Deals.
  3. 3. The Client will be provided with gross fee, which will include the Accommodation Fee. It will be responsibility of Smartbookr, on behalf and on account of the Client to make the Burn Contribution from the amounts received from the respective Accommodation Provider for the Reservation made by such Client.

II. Payment

  1. 1. Upon Reservation made on a Paid-at-Property Deal, the Accommodation Provider shall indicate to Smartbookr and Smartbookr shall display to the Client
    1. 1.1. gross price for the Accommodation Service purchased with all Fixed Taxes and Burn Contribution included.
    2. 1.2. Variable Fees & Taxes when indication on these costs is available to Smartbookr.
  2. 2. The Client hereby acknowledges that no separate indication for the Burn Contribution shall be displayed.
  3. 3
    1. 3.1. The Client shall pay all due amounts under art.II.1. to the respective Property. The Client hereby authorizes Smartbookr to provide, on behalf and on account of the Client, Client’s payment details to the Accommodation Provider and/or to the respective Property.
    2. 3.2. The Property is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the gross total amount, indicated under art.I.3. or fee to the relevant tax authorities. Smartbookr is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the gross price or fee to the relevant tax authorities.
  4. 4. Prepayment in different portions might be charged by the Accommodation Provider / Property in accordance with the conditions of the respective Accommodation Offer as confirmed by the Client upon Reservation.
  5. 5. The Client acknowledges that full and due performance of its payment obligations to the Property shall be condition for validity of the Reservation. If the payments under art.II.1 of this Appendix II are not procured by the Client, the Property can reject the Reservation or refuse to provide the Accommodation Service.
  6. 6. The Client shall receive invoices for all amounts paid in regard to the Reservation from the Property in accordance with such Property’s invoicing rules and policies.

III. Reservation

  1. 1. The Client hereby acknowledges that submission and prepayment of the Reservation shall constitute only a request for the respective Accommodation Service but shall be not binding until the Client receives Confirmation of the Reservation.
  2. 2. Confirmation or rejection of certain Reservation are in the discretion of the respective Accommodation Provider or the respective Property.
  3. 3. The Marketplace will inform the Client on Confirmation, Rejection or Cancellation of his Reservation.
  4. 4. By making a Reservation for Paid-at-Property Deal the Client accepts and agrees to the relevant cancellation and no-show policy of the respective Accommodation Provider and/ or Property, and to any additional (delivery) terms and conditions of the Accommodation Provider and/ or Property that may apply to the Accommodation Services used by the Client, including for services rendered and/or products offered by the Accommodation Provider/Property. The relevant (delivery/purchase/use/carrier) terms and conditions of an Accommodation Provider/Property can be obtained with the relevant Accommodation Provider/Property.
  5. 5. Smartbookr cannot and shall not be held responsible for any refunding claims of the Client arising out of any Paid-at-Property Deal. The Client shall address only the Property/ Accommodation Provider with any refund claims and shall hold Smartbookr and its employees, representatives, owners, and subsidiaries harmless of any such claims.
  6. 6. Smartbookr cannot and shall not be held responsible for any rejection or cancellation of Reservation made by the Property and/ or Accommodation Provider. The Client shall address only the Property/ Accommodation Provider with all such claims and shall hold Smartbookr and its employees, representatives, owners, and subsidiaries harmless of any such claims.

IV. Payment means & methods

  1. 1. Payment means
    1. 1.1. The Paid-at-Property Deals shall be payable directly to the Property with payments only in Fiat. Settlement of payments between the Property, the Accommodation Provider and Smartbookr shall be subject to separate agreements between those parties.
    2. 1.2. Payments in Crypto won’t be acceptable unless certain Property allows otherwise.
  2. 2. Payment methods
    1. 2.1. Payments shall be procured only with bank / payment cards acceptable for the respective Property / Accommodation Provider.
    2. 2.2. Smartbookr shall not be held responsible if certain Property or Accommodation Provider refuse to accept payment by certain bank / payment card of the Client.
    3. 2.3. Smartbookr shall not be responsible and cannot be held liable for any operation or transaction made by the Client with its bank/ payment card in regard to a Reservation made for a Paid-at-Property Deal.