Terms &
Conditions

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I. Definitions

Booking.com Cares Labs, also abbreviated as Cares Labs

3-day travel destination focused growth hacking programmes and a grant fund being run by the Promoter. The aim is to find and help grow ideas of innovators that can solve the defined sustainable tourism objectives of the destination. The Fund consists of up to EUR 100,000 per programme.

Applicant

A for-profit or non-profit legal entity that is duly established under the laws of the country where it operates that applies for the selection process. In these Terms & Conditions, the word Applicants also refers to Selected Innovators and Funded Innovators.

Fund

A fund consisting of up to EUR 100,000 that may be granted in the manner described in these Terms & Conditions.

Programme

The Programme of the Booking Cares Labs as described in part II of these Terms & Conditions.

Destination

The city, or geographic location where the Booking Cares Labs are hosted. The location determines the topics that are covered by innovators that participate in the Booking Cares. Labs. The Booking Cares Lab of October 9 - 11 will be held in Amsterdam.

Sustainable tourism objectives

Sustainable tourism objectives determine the tourism related topics that are to be addressed by the innovators that participate in Booking Cares Labs. These are set in collaboration with a local destination representative. In the case of Amsterdam this is the Municipality of Amsterdam and Amsterdam Marketing: the city marketing organisation of the Amsterdam Metropolitan Area. For the Booking Cares Labs of 9 - 11 October the sustainable tourism objectives are:

●      Tourism dispersal

●      Behavioural Awareness

●      Inclusive growth

Promoter

Booking.com BV, a company incorporated in the Netherlands with company file number 31047344 and VAT tax registration number NL805734958B01

Representatives also referred to as: “you”

Representatives of the Applicants, entitled to fully represent the Applicant during the entire Booking Cares Labs Programme

Selection Process

The process of selecting the Selected Innovators and Funded Innovators as described in these Terms & Conditions

Selected Innovators

Applicants that have been selected by the Promoter to participate in the Programme of the Cares Labs

Funded Innovators

The Funded Innovators that are granted with a share of the Fund

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II. Programme Overview

The Cares Labs Programme comprises the following stages:

Application by the Applicants

1. Online application by the Applicants via the Programme website between 3 August 2018 and 26 August 2018;

Selection of the Selected Innovators

2. Selection of the Selected Innovators by the Promoter. Judging criteria are specified below in VI.1;

Cares Labs Programme and Final Pitch by the Selected Innovators

3. A 3-day Cares Labs Programme comprising of a series of workshops, experiments and mentoring taking place in Amsterdam in October 2018. Two representatives per innovator will attend the Cares Labs programme;

4. An opportunity to pitch your business and future milestones in front of Booking.com executives for a share of the EUR 100,000 Fund. Pitches take place at the end of the 3 days, in the afternoon or evening.

Granting of the Fund to the Funded Innovators

5. After the pitches, the Promoter decides on the granting of funds to the Funded Innovators. Upon completion of the 30-day challenge, additional shares of the Fund may be distributed.

Coaching and mentoring of the Funded Innovators

6. Mentoring support by the Promoter to the Funded Innovators for a period up to 30 days after participation in the Cares Labs.

Financial Reporting

7. The Funded Innovators who received a grant following their final pitch will be asked to update the Promoter on their progress through sharing quarterly financial reports and regular phone calls over a period of one year after participating in the Cares Labs.

Impact measurement

8. Measuring the impact our support (grant & expert training and mentoring) has had for Selected Innovators . This will be done through a survey and phone interviews on a twice a year basis – up to one years after participating in the Cares Labs.

Other

9. The Promoter is entitled to amend the Cares Labs Programme at its discretion.

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III. Application Requirements

1. The Booking Cares Labs is open for application by

  1. A project that solves for one or more of the predefined sustainable tourism objectives of the host destination; and

  2. The Applicant is required to use any granted funds for bona fide purposes consistent with the project plan presented to the Promoter; ensure that the representative is available to and will take a lead role and representative position in the execution of the project, while adhering to the requirements of the Booking Cares Labs.

  3. Application is not open for organizations with political or religious goals. Applications for scholarships are not admissible either. Applications can be rejected by the Promoter, at its full discretion.

  4. Is registered and operating in the EU

If at any stage in the Booking.com Cares Labs Programme the Promoter discovers that the Applicant does not meet these criteria above, the Promoter may disqualify the Applicant with immediate effect and may claim immediate repayment of any grants paid.

3. You should check your availability before applying for the Cares Labs. If you are unable to attend then you must, at the request and discretion of the Promoter, withdraw from the Cares Labs or appoint a substitute.

4. You must be fluent in English. All Cares Labs workshops, mentoring and The Final Pitch will be conducted entirely using the English language. No interpreters or translations of materials will be provided.

5. Application and, if applicable, participation in the Cares Labs Programme, is free of charge. Travel, if applicable, is capped at 500 euro per person. Accommodation is covered by the Promoter. See section VIII for further details.

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IV. Key Dates for the Cares Labs (Amsterdam Edition)

The regional application process opens

00.00 CET on 3 August 2018

Applications close

23.59 CET on 26 August 2018

Candidate Selected Innovators are contacted and interviewed

Between 3 - 7 September 2018* (applicants need to keep 6 - 7 September 2018  free for phone interviews)

Selected Innovators confirmed and invited to the 3-day Cares Labs

By 12 September 2018*

Selected Innovators attend 3-day Cares Labs in Amsterdam

9 - 11 October 2018*

Final Pitch and value of grants announced

11 October 2018*

* dates may be altered by the Promoter

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V.  THE APPLICATION PROCESS

1. Applicants need to complete the application form on the Programme website and supply the stated materials.

2. As part of the entry process, Applicants will be required to:

a. complete a set of questions on the application form;
b. share a copy of their company registration document; and
c. agree to these Terms and Conditions.

3. You may have confidential information or material and/or business secrets, or information or material that, directly or indirectly, is protected by any intellectual property right. Promoter does neither solicit nor wishes to receive any such information or material from the Applicant, whether before, during or after the Programme. Any information or material submitted by the Applicant will be deemed not to be confidential, secret or, directly or indirectly, protected by any intellectual property right. If, during the application process or during the Programme, the Applicant finds itself in a situation where it is about to provide such information or material, it is obliged to refrain from doing so and, if the Applicant determines it is impossible or impractical to continue the application or participation in the Programme without providing the Promoter with such information or material, to immediately withdraw from the application or Programme. It is explicitly agreed that any consequence of the non-adherence of this clause by the Applicant is entirely for its own account and neither the Promoter nor any of its affiliates shall have any liability or obligation with respect to information or material provided by the Applicant in connection with the Programme.

4. The Promoter reserves the right to conduct further background checks on the Applicant, the Representative and their organisation idea. This may include without limitation, civil and criminal court records and police reports on the Applicants, Representatives and entity directors. By entering the Cares Labs, Applicant gives the Promoter permission to conduct such background and financial/criminal checks and if necessary shall provide such written authorisation as may be required to allow these to be carried out.

5. The Promoter reserves the right, at its sole discretion, to disqualify any Applicant that fails to authorise such checks or if, based on the results of the checks, the Promoter determines in its sole discretion that the Applicant is not a suitable candidate to participate in the Cares Labs, including, without limitation, because the Applicant’s participation in the Cares Labs might reflect negatively on the Promoter or their related group companies.

6. Warranties by the Applicant. The Applicant represents and warrants to the Promoter that:

a. its business does not and will not violate the rights (including Intellectual Property rights) of any third party;
b. the Applicant, its Representatives or directors have never been convicted of fraud or been declared bankrupt;
c. none of its directors or former directors were disqualified as a company director;
d. its business acts in conformity with all applicable legislation and regulations and will continue to do so;
e. the Applicant (including its employees, directors, officers, agents or other representatives), in any relation to this Agreement did not and shall (i) not directly or indirectly (a) offer, promise or give to any third party (including any governmental official or political party's official, representative or candidate)), or (b) seek, accept or get promised for itself of for another party, any gift, payment, reward, consideration or benefit of any kind which would or could be construed as bribery or an illegal or corrupt practice, and (ii) comply with all applicable laws governing anti-bribery and corrupt gifts and practices (including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act).
f.   it and its directors and (direct, indirect and ultimate (beneficial)) owners (and their directors) are not in any way connected to, part of, involved in or related to or under the control, management or ownership of:

i. terrorists or terrorist organizations; or
ii. parties / persons (A) listed as (special) designated nationals/entities or blocked person/entities, or (B) otherwise subject to trade embargo, or financial, economic and trade sanctions.

g. the Applicant, its Representatives and its directors have not and will not carry out any act or omission which may or does bring the Promoter into disrepute. Such acts comprise, but are not limited to, the acts or omissions that constitute the situations as referred under a to f.

7. If the Applicant acts in breach of one or more of the representations and warranties described under 6, or is in breach of any other obligation pursuant from these Terms & Conditions, the Applicant is obliged to immediately notify the Promoter of such event. Additionally, the Promoter is entitled to, with or without retroactive effect, wholly or partially, revoke the admission to the Cares Labs and/ or reclaim any grant paid. In addition, the Promoter is entitled to all other legal remedies, among which the right to claim damages.

8. Data Protection: The Promoter will process any personal data collected as part of the entry process in accordance with the privacy policy available at https://www.bookingcares.com/privacy-statement.

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VI. THE SELECTION PROCESS

1. All valid entries received will be assessed against the details on the application form and other information requested, and then shortlisted and judged by a panel of judges appointed by and on behalf of the Promoter (the “Judges”). The panel of judges will be made up of two Booking.com experts and one external experts. Judges have full discretion in reviewing applications and will do so in accordance with the following broad criteria:

a.   IMPACT – Potential positive social impact on the host destination’s pre-defined sustainable tourism objectives;
b.  SOLUTION – Need and innovative value proposition;
c.  MARKET OPPORTUNITY – feasibility of the solution & market need
d.  ROADMAP – Clearly defined tasks and projects for development
e.  TEAM – Relevant skills, experience and commitment of the team.

2. Stage 1 Initial screening, moderation & application assessment process: The applications will be subject to an initial screening by the Cares Labs Team based on the above criteria. The applications of approximately the top 20% based on rankings will be further assessed.

3. Stage 2: Interview of top candidates: The top candidates remaining will be interviewed via either video or telephone.

4. Stage 3: Selection: On the basis of the interview, together with all information and facts received prior, the Selected Innovators will be selected by the Judges. The Applicant shall be contacted by post, telephone and/or email no later than 12 September 2018.

5. If attempted notification using all the contact details supplied by the Applicant at time of entry are returned as undeliverable, or if an Applicant cannot be verified within the time required, or if an Applicant is otherwise unable to accept their status as Selected Innovator and / or cannot attend the 3-day Cares Labs Programme, or is otherwise ineligible, their selection as Selected Innovator will be forfeited and an alternative innovator, may be selected from reserves judged at the same time at the Promoter's sole discretion.

6. Any application that is found, at any time during the Selection Process, not to be in compliance with these Terms and Conditions or that otherwise contains prohibited or inappropriate content as determined by the Promoter, in its sole discretion, the Applicant may be disqualified. The Promoter shall have sole and final determination as to which applications are eligible to take part in the competition and no correspondence will be entered into.

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VII.  3-DAY Cares LABS PROGRAMME

1. In October 2018 the Selected Innovators will attend the 3-day programme comprising a series of workshops, experimenting and one-to-one mentoring sessions to assist them in further developing their business, future milestones and impact stories.

2. Day 1 of the Cares Labs begins by getting to know the other Selected Innovators participating in the programme and learning about Booking.com and its sustainable tourism initiatives.

3. Day 2 of the Programme focuses on expert sessions for advice and concrete tasks defined by the innovator as well as sustainable tourism and destination focused inspirational speakers.

4. Day 3 focuses mostly on giving Selected Innovators the chance to finalise their 30-day challenge and pitch presentations in preparation of the final pitch.

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IX. THE FINAL PITCH

1. During this stage the Selected Innovators pitch for a share of the up to EUR 100,000 Fund.

2. The Final Pitch is scheduled to take place on 11 October 2018, in Amsterdam.

3. The Final Pitch, each Selected Innovator will have the opportunity to pitch for funding in front of a expert panel of Judges.

4. Each Selected Innovator will be required to deliver a presentation before the Judges. Each Selected Innovator will be allocated approximately three minutes to present their business and future milestones and approximately three minutes in which to respond to questions from the Judges. Precise details for your presentation will be prescribed and communicated to the Selected Innovators as soon as they are finalised.

5. Presentations will be evaluated by the Judges according to the following broad criteria:

a.   IMPACT – Potential positive social impact on the host destination’s pre-defined sustainable tourism objectives;
b.  SOLUTION – Need and innovative value proposition;
c.  MARKET OPPORTUNITY – feasibility of the solution & market need;
d.  ROADMAP – Clearly defined tasks and projects for development
e.  TEAM – Relevant skills, experience and commitment of the team.

6. The Judges will determine in their absolute discretion how to allocate the funding to the Funded Innovators. The allocation of the funding will be announced at The Final Pitch event and confirmed in writing within five business days from The Final Pitch. The Judges are not obliged to spend the entire fund. The Judges may decide to leave an amount in the fund and spend the remaining amount (in total or partially) after the end of Post Cares Labs Programme, after evaluation of the high level business information referred to in Article X 2.

7. The Judges' decisions are final and binding on all matters relating to the allocation of the Fund.

8. Subject to Section XII.3., the grant funding will be paid directly to the Funded innovator(s) via wire transfer within 45 business days after the granting by the Judges. The Promoter may require a signed and filled in payment acceptance form before payment is made.

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X.  POST Cares LABS PROGRAMME

1.  The Funded Innovators receive up to 30 days of mentoring from mentors chosen by the Promoter, focused on the execution of the future milestones presented during the Final Pitch.

2. Subject to Section V.3., the Funded Innovators agree to provide the following high level business information to the Promoter upon reasonable request of the Promoter after the end of the Cares Labs programme & Final Pitch:

a. the growth of the project since participating in the Cares Labs (in terms of team members and markets entered amongst other measures);
b. details of how any money granted during the Cares Labs was used by the business;
c. data showing the impact of any money awarded to the business during the Cares Labs (e.g. the number of people impacted, the number of customers or beneficiaries reached or the number of products sold by the business and number of destinations positively impacted); and
d.   general information about the future plans for the business and the projected growth of the business.

3. Information may be used by the Promoter in public-facing articles, a public-facing impact report relating to the Cares Labs and wider Booking Cares initiatives, in statistics and data relating to the Programme and the Promoter’s corporate social responsibility contributions.

4. Selected Innovators become part of the Booking.com Cares Network. This Network focuses on connecting non-profit organisations, Innovators, startups  and experts that are working to create a more sustainable tourism industry.

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XI. MARKETING AND PROMOTION

1. All Selected Innovators agree to participate in any reasonable promotional and publicity activities related to the Programme, to be determined by the Promoter. Such activities could include the use of the Applicant’s business name, address, trademarks and logos, the Representative’s name, photographs, voice and/or other likeness for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.

2. Without prior written approval of the Promoter, applicants are not entitled to associate with the Promoter in any way.

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XII. NON SOLICITATION

1. Selected Innovators and Funded Innovators, as of their selection as Selected Innovator until one year after the first day of the Cares Labs, undertake not to solicit any employee or independent contractor of the Promoter on, nor shall they induce any employee or independent contractor associated with the Promoter to terminate or breach an employment, contractual or other relationship with the Promoter.

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XIII. GENERAL

1. These Terms & Conditions set out the entire agreement between the Applicants, Selected Innovators, Funded Innovators and the Promoter with respect to the Cares Labs.

2. These Terms & Conditions apply to the entire legal relation between the Applicant and the Promoter in relation to the Cares Labs. The Applicant accepts that the Promoter's decisions shall be final and binding in all respects relating to the Cares Labs.

3.    The Funded Innovators are entirely responsible for assessing and paying all applicable federal, provincial, state and local taxes in any respect of the Cares Labs including as to any share of the Fund received, if any, including any income or withholding taxes, both in the country or countries of their business and in the country where the events take place. In the event that the Promoter is or may reasonably become obliged to pay any withholding tax in relation to the Applicant, the Promoter is entitled to deduct such tax from a grant.

4. These Terms & Conditions prevail in the event of any conflict or inconsistency with any other communications, including promotional materials.

5. The Promoter is not responsible for:

a. entries or other communications which are misdirected, lost, delayed, damaged or corrupted during delivery to or from the Promoter due to any computer malfunction, virus, bug, delay, erroneous or any other reason whatsoever;
b. lost, interrupted or unavailable network, server, telecommunications, Internet Service Provider (ISP), website, or other connections;
c. computer hardware or software malfunctions, failures or difficulties;
d. any incorrect or inaccurate information, whether caused by human error, site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Cares Labs;
e. for injury or damage to Applicants' or to any other person's computer related to or resulting from participating in the Cares Labs or downloading materials from or use of the Booking Cares and Cares Labs website; or;
f.   other errors or difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise, relating to or in connection with the Cares Labs including, without limitation, errors or difficulties which may occur in connection with the administration of the processing of applications, the judging process, the announcement of the selected or in any related materials.

6. Persons who tamper with or abuse any aspect of the Cares Labs or any linked website or who are in violation of these Terms & Conditions, as solely determined by the Promoter, are liable to be disqualified and all associated entries will be void.

7. The Promoter reserves the right (i) at its sole discretion to suspend, modify or terminate the Selection Process at any time and for any reason, (ii) at its sole discretion to amend these terms and conditions at any time, and (iii) to withdraw part or all of the Cares Labs if it cannot be operated as envisaged, or cannot be operated as envisaged without disproportionate expense.

8. Application and participation in the Cares Labs is at the Applicant’s own risk. Any advice, mentoring etc. given by or on behalf of the Promoter and in the context of the Cares Labs is provided free of charge. The consequences of following up (or not) any such advice are solely for the Applicant’s account.

9. Applicants, by participating, agree that to the extent permissible under applicable law and unless in case of willful conduct of severe negligence of the management of the Promoter, the Promoter, its parent, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, "Released Parties") will have no liability whatsoever for, and shall be held harmless by Applicants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, business or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the grant or participation in the Cares Labs including the Selection Process.

10. The Applicant shall indemnify the Promoter from any and all claims, liabilities, costs and expenses arising in any way from a breach of the Applicant's obligations, warranties or representations under these Terms & Conditions or in any way given as part of the Cares Labs.

11. Neither the participation in the Cares Labs nor the granting of any funding constitutes any form of influence, control or participation in the Applicant’s business. The Cares Labs explicitly is not intended to constitute a distribution, agency, labor, instruction, joint venture, or cooperation agreement between the Applicant and the Promoter.

12. The Promoter is entitled to immediate repayment of any grants paid in the event the Funded Innovator is acquired by one or more third parties in a 12 month period commencing March 8, 2018, which Booking.com may claim at its sole discretion.

13. These Terms & Conditions, as well as the entire legal relationship between the Applicant and the promoter as far as it relates the Cares Labs shall be solely governed by the laws of the Netherlands. Any conflict arising from or in relation to these Terms & Conditions and/ or the Cares Labs shall be brought to the exclusive jurisdiction of the Amsterdam District Court, the Netherlands.

14. The Promoter is entitled to transfer it rights and obligations from these Terms & Conditions and any other rights and obligation in relation to the Cares Labs, as well as the contract itself, to third parties.

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