Of Katanox B.V., a private limited liability company under the laws of the Netherlands, having its official seat in Amsterdam, the Netherlands, and its office address at Wibautstraat 131D, 1091 GL Amsterdam, the Netherlands, registered with the Commercial Register of the Chamber of Commerce under number 75629763 and any of its Affiliates, hereinafter referred to as “Katanox”.

DEFINITIONS

  1. In these General Terms and Conditions the following expressions shall have the meaning as set out next to them:

Accommodation(s) means a property or group of properties under one brand, including hotels and apartments, for accommodation of Guests and related hospitality services, offered by Seller through the Platform;

Accommodation Content means the information (pictures and description) about the Accommodation, including the rooms available for reservation;

Accommodation Policies means the policies of the Accommodation for its Guests, including a rate plan, payment terms, as well as cancellation and no-show terms;

Affiliates means Katanox Financial Technology B.V., Katanox Financial Technology Ltd, Katanox Financial Technology Inc., Stichting Derdengelden Katanox and/or each other entity belonging to the same group of companies as Katanox in accordance with section 2:24b of the Dutch Civil Code, both inside and outside the Netherlands;

Application(s) means websites, apps, platforms or other applications of Buyers that connect with the Platform and through which the Guests shall make reservations at the Accommodations;

Agreement means any agreement between Seller and Katanox regarding the Platform and/or Services, or resulting therefrom, including these General Terms and Conditions;

Buyers means travel management companies or providers that concluded an agreement with Katanox to use the Platform for reservations at the Accommodations;

Commission means the commission for Materialised Transactions payable by Seller to Buyer;

Commission Rate means the percentage Commission of the Total Booking Value for Materialised Transactions payable by Seller to Buyer, as agreed upon between Seller and Buyer;

Compensation means the compensation payable by Buyer to Seller for each Materialised Transaction;

Connection means the Katanox API;

Force Majeure means, in addition to its effect in the law and jurisprudence, all external causes, foreseen or unforeseen, that Katanox cannot influence, but which prevent Katanox to fulfil its obligations, including but not limited to regulations by any government authority, fire, flood, epidemic, pandemic, power outage, interruption, failure or defects in internet, telephone or other interconnection service or in electronic or mechanical equipment, staff illness of Katanox exceeding fourteen (14) working days and the failure by third parties engaged by Katanox to fulfil their obligations.

Fraudulent Reservation means a reservation resulting in a no-show and for which an invalid/stolen credit card was used (or other invalid/fraudulent payment methods were used) or a successful refund was made by the actual card holder or bank account holder as a result of which the Seller has not been paid;

General Terms and Conditions means these Seller general terms and conditions of Katanox;

Guest(s) means a visitor of the Application and/or a customer or guest of the Accommodation that booked via the Platform;

Intellectual Property Rights means trademarks, service marks, trade names, domain names, logos, patents, inventions, design rights, copyrights, (semi-conductor) topography rights, database rights and all other similar intellectual property rights in any part of the world and, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations;

Katanox Foundation means Stichting Derdengelden Katanox, a foundation incorporated under the laws of the Netherlands, having its official seat in Amsterdam, the Netherlands, and its office address at Wibautstraat 131D, 1091GL Amsterdam, the Netherlands, registered with the Commercial Register of the Chamber of Commerce under number 85714267;