Bposhtels is a hospitality consulting company with its trademark(s), partnerships, systems, processes and platform(s), meaning websites/apps, tools on which users can book travel experiences, whether owned or managed by us or by a third-party affiliate, and service and product providers. When you book, Bposhtels provides and is responsible for parts of the platform(s), but not the travel experience itself. We take reasonable care in providing our platform(s), but we can’t guarantee that everything on it is accurate as we get information from the service and product providers from several sources. The service Bposhtels provides is for its service and product providers, meaning but not limited to its partner hotels, accommodation or travel service and product providers, through which they can make their shared rooms and other services available for reservations, facilitating and diversifying their operations and through which guests can make reservations.

To the extent permitted by law, Bposhtels cannot be held responsible for any errors, any interruptions, or any missing bits of information, though we will do everything we can to correct or fix them as soon as we can. Bposhtels does not necessarily recommend or endorse any service and product provider or its products, services, facilities, vehicles, etc. We’re not a party to the terms between you and the service and product provider, and the service and product provider is solely responsible for the travel experience. When you make a booking, it’s directly with the service and product provider through us. The service and product providers granted Bposhtels rights to act on their behalf in only certain aspects of the process. We are not a contractual party to your booking. Bposhtels owns and operates the platform(s), that show accommodations of service and product providers that have a commercial relationship with us, and it doesn’t necessarily show all the service and products the providers offer. We provide a platform(s) on which service and product providers can promote and sell their accommodations with our help, usage of our separate trademarks and you can search for, compare, and book them. Once you’ve booked your accommodation, we will provide you and the service and product provider with details of your booking, including the names of the guests and other data available to us. Any payment you make would be between the service and product providers and you. We just organize it and facilitate them on the service and product provider’s behalf and sometimes through the use of other third-party providers. By facilitated payment, we mean the payment methods that Bposhtels may make available on the platform(s) on behalf of the service and product provider.

Bposhtels acts solely as an agent on behalf of the travel service and product provider (and not the user or guest’s agent) when processing bookings. As such, we are not a party to the contract between you and the service and product provider for the provision of travel services and we have no responsibility or liability to you in respect of that. Bposhtels, despite many similarities, is not a travel agency nor tour operator as we do not provide local products, services or in-person or online experiences ourselves, but on behalf of providers. Travel agencies are ‘sellers of travel’, different than Bposhtels as we do not require to have related licenses, as we do not offer prearranged travel or tourist-related services for individuals or groups purchasers in exchange for a fee, commission, or other valuable consideration paid by these purchasers, as Bposhtels remuneration comes ultimately from the service and product providers. In a similar way, hotels, which we act on behalf, in most or all jurisdictions, are not required to have travel agency licenses nor surety bonds. It is clear on Bposhtels.com main pages that ‘we assist partners in managing shared rooms’. Bposhtels is not considered a middleman or intermediary, as we entered into contractual relationships with our service and product providers to act on their side, and on their behalf.

Bposhtels has many aspects of travel agencies and tour operators, but it is not considered one since it also does not consolidate related travel services in packages, it does not buy or rent hotel rooms, nor travel services, nor is wholly responsible for delivering and performing these services. Bposhtels simply helps its partner service and product providers to diversify their offers and provide ancillary services to them via the usage of brands, processes and systems that facilitate marketing and management on their behalf. The offer of these services and products may be at Bposhtels’ costs per our discretion. The service and product providers using their own local hotel licenses and permits, following applicable laws, codes and regulations, host guests in shared rooms, as well as in their private rooms if any, and provide all the local services as usual to all guests such as reception front desk, housekeeping, guest service, maintenance, security, etc.

When you purchase the experience, you are then purchasing directly from the service and product provider. Our maximum aggregate liability to you (and any other party that has an interest in the booking) in relation to any booking made through us (whether in contract, tort or otherwise) shall be limited solely to the value of the booking that has been paid for that booking. Prior to making a booking, you should ensure that you have reviewed the travel service and product provider's terms and conditions exposed in all online platforms through Bposhtels and that they are acceptable to you. Bposhtels representatives have not necessarily visited all the accommodations listed and we do not necessarily carry out routine checks of the accommodations beyond the situations we believe it is necessary to preserve the operations and positive trademark image. The listing of any travel services (including accommodation) on the Bposhtels sites is not and should not be taken as a specific recommendation or endorsement from us or a representation that the travel services will be suitable for your purpose or that the travel services will be of any particular quality. Bposhtels is not a direct seller of shared rooms, the service and product providers are the sellers of shared rooms, which they do via direct contractual obligations with Bposhtels consulting and management services (ultimately, our business classification), brands, systems, furniture, processes and additional services.

You as a guest agree that while reasonable steps will be taken to ensure your safety and that of others in your shared room neither Bposhtels nor the service and product provider shall be liable to you, for injury to your person or any loss or damage to any personal item or property belonging to you during the duration of your stay. You agree to hold harmless and indemnify Bposhtels and the host hotel from any claim that may be brought by you or any other guest or person relating to any incident or event arising, before, during or after your stay at the hotel.

Bposhtels does not control many aspects of the local operations and therefore is not responsible or can be held as negligent for acts of hotel guests in any way resulting in harm to hotel staff, guests, other persons, or damages to hotel facilities or property of hotel guests or others inside shared rooms or anywhere on the hotel property or involving an incident during such guests stay at the service and product provider.

Bposhtels per agreed contracts provides consulting remotely to service and product providers and carries licenses and insurances according to this classification. Bposhtels also per agreed contracts is not a renter, tenant, sublessor or franchisor. Bposhtels on behalf of its partner service and product providers, set up the shared rooms, market them via a different brand and facilitates guest payments on behalf of its service and product providers, repassing the funds of negotiated rates for the provisions of their services. Bposhtels’ s core business model, despite being very similar in many ways, differs from a franchise business model, as the service and product providers are not required to make direct payments to Bposhtels.

Bposhtels often makes capex investments, provides a sign-on bonus, has the right to collect and book revenue and repass payments to the service and product providers, many times in advance, as per limited pre-agreed agreements. The money flow is not from the owner to Bposhtels. But, as we control the revenue management and collection many times, we distribute and share revenues with our providers as part of our processes. We have consulted with multiple law firms who are experts in franchising laws, and their opinions have consistently called out that because of the above differences, we have a unique business model that does not qualify as a franchise as well. Bposhtels’ s business model does not have a precedent in the market. While the regulators can take a call to classify this model also as a franchise, it has never been a straightforward conclusion. Also, franchise laws are only required in a minority and certain jurisdictions.

The service and product providers are responsible for repassing and/or reporting all taxes due, according to the relevant tax regulations and the practices and requests of the tax authorities. The service and product providers shall bear and be responsible for the payment and remittance of the taxes applicable and any associated late payment interest and penalties imposed by the tax authority for failing to withhold and report any taxes. The service and product provider shall be solely responsible for negotiating and agreeing with the relevant tax authorities in relation to the tax treatment applicable.

The service and product providers also grant permissions to Bposhtels to set up and manage separate online accounts for the purpose of selling shared rooms to any guests, and to communicate by all means with the guests on behalf of the service and product providers. The sourcing, profile and origin of these guests are in the majority of cases very similar to all guests staying in the service and product providers' private rooms or establishments. These guests are not fully controlled nor vetted by either party and the service and product providers have the communicated rights to reasonably refuse anyone as they see fit. It is not in Bposhtels’ s interest to have undesirable guests staying at its partner service and product providers in order to maintain the positive trademark image and relationship with its service and product providers in the long-term.

Bposhtels has had multiple partner service and product providers for several years and no significant history of major incidents. Per contracts, the service and product providers agree if major incidents happen related the shared room guests, that the hotel’s insurances and premiums should apply, be handled and incurred by the partner hotel as for any regular hotel guest. It is not the obligation of Bposhtels to ensure the service and product providers carry proper insurance and limits. Bposhtels does not control many aspects of the local operations and therefore is not responsible if guests severely damage the hotel facilities, hurt the hotel staff or other guests. Bposhtels is also not responsible if guests get hurt in the common areas of the partner hotels, inside any shared rooms, or by the hotel staff, other person, by fire, furniture or equipment failures, slip and fall, and more.

Neither Bposhtels nor any of our directors, employees, affiliates or other representatives will be liable to you (or any member of your corporate group, your affiliates or any other person or party who has an interest in the booking) for: (i) indirect, punitive, special or consequential loss or damages, (ii) loss of data, income, profits, business, opportunity, reputation, goodwill or (iii) loss of or damage to property, in each case arising out of or in connection with the use of any information, products, services, facilities and/or the materials offered, even if we have been advised of the possibility of such loss or damage, or such loss or damages were reasonably foreseeable.

To the maximum extent permitted by law, the service and product provider shall fully indemnify, compensate and hold Bposhtels and its affiliated companies, directors, officers, employees, agents, representatives and subcontractors harmless for and against any direct damages, losses, liabilities, obligations, costs, claims of any kind, interest, penalties, administrative fees, fines, legal costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses).

We make reasonable efforts to ensure that all credit card and debit card transactions carried out are secure. However, if unauthorized charges appear on your credit card or debit card statement for any card used at any time during or after you make your booking, conduct your transaction or disclose your card detail, Bposhtels shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, save where such unauthorized charges appear as a direct result of our negligence and subject to any statutory rights which you may have. This website may collect voluntarily submitted information including a user’s email address, phone number and first and last name. In addition, this site may collect information about travel dates and travel party sizes. We do not collect credit card information on this hotel site. Credit card and other voluntary information are handled at the time of booking by a third-party merchant or a third-party booking management company, which should disclose their terns to you at the moment you use their services.

We may automatically receive and record some information on our server logs from your browser including your IP address, cookie information and the page(s) you visited. This information may be used to improve website performance but under no circumstances will your personally identifiable information be sold to anyone. Our business partners, including advertisers, social media platforms and widget operators may utilize 3rd party tracking pixels to enhance performance pertaining to their tools. Information collected by our partners does not include personal information such as your name and telephone number. You may be able to voluntarily further engage with these tools as you view this site. Any engagement activity will be subject to our partner’s privacy policy. If you would like to opt out of targeted advertisements based on your user experience, please visit www.networkadvertising.org/managing/opt_out.asp

The information, content, software, graphics, text, sounds, images, buttons, trademarks, service marks, trade names, logos and the software required for our services used are owned by Bposhtels and protected by copyright, trademarks, database rights, and any other intellectual property rights. You agree that we or our licensors (as the case may be) exclusively retain all rights, title, interest and intellectual property rights in and to the materials (including the guest reviews, translated content and the look and feel of the sites). We grant you a limited, revocable, non-transferable, non-sublicensable, license to use the sites for your personal non-commercial purposes to access and make bookings in accordance with these terms. Save in respect of exercising your limited license, you may not modify, copy, distribute, scrape, (hyper-/deep) link to, transmit, display, perform, reproduce, publish, license, promote, market, integrate, combine, create derivative works from, transfer, or otherwise use or sell any materials (including any translations thereof and guest reviews). Other than the limited license, nothing in these terms shall be construed as transferring or granting (by implication or otherwise) to you any license or right in or to the materials. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the materials or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights (including copyright and database rights). The Bposhtels sites also may contain hyperlinks to websites operated by parties other than us and such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content. The inclusion of hyperlinks to such other websites does not imply any endorsement of the material on such websites or any association with their operators. Additionally, you agree not to: (a) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content, information and software of the Bposhtels sites or services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms or without our express written permission; (b) violate the restrictions in any robot exclusion headers on sites and services, or bypass or circumvent other measures employed to prevent or limit access to the sites and services; (c) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (d) deep-link to any portion of the sites and services for any purpose without our express written permission; (e) "frame", "mirror" or otherwise incorporate any part of the sites and services into any other websites or service without our prior written authorization; (f) attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by Bposhtels in connection with our sites and/or services; (g) circumvent, disable or otherwise interfere with security-related features of the sites and services or features that prevent or restrict use or copying of any content; or (h) download any content unless it’s expressly made available for download.

These terms are drafted in the English language. If these terms are translated into any other language, the English language version shall prevail. Our sites may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties or accuracy, reliability and any implied warranties or merchantability, fitness for a particular purpose and non-infringement.

Our failure to enforce at any time or for any period any one or more of the terms shall not be construed as a waiver of them or the rights to any of them. These terms supersede any previous agreements or representations between the parties relating to the subject matter of this agreement. We reserve the right to update or otherwise modify these terms as well as the contents of our sites at any time and for any reason and without liability to you, any other user or any third party. It is your responsibility to check these terms each time to review the most current version of these terms and understand the relationships between the parties.