Terms and Conditions

Welcome to www.backbid.com

The following terms and conditions, which may be amended from time to time, must be carefully reviewed before using or obtaining any materials, information, products or services through this website (the "BB Site") which owned and operated by BackBid Inc. (“BB”). By accessing, browsing or using the BB Site by any means, you acknowledge and agree to the terms and conditions set out below. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE BB SITE.

The content and information on the BB Site, including the infrastructure and all text, images, software, trademarks and service marks, as well as all other intellectual property are owned by BB and/or hotels providing travel services on the BB Site (the "Hotels") as well as other suppliers and providers (the "BB Content"). Other than your personal and non-commercial use in connection with your travel, you will not use, copy or transmit, by any means, any of the BB Content.

You may only have an account and use our services if you have the capacity to enter into binding contracts in the jurisdiction in which you reside. The BB Site shall only be used in connection with legitimate travel arrangements for you or any person for whom you are a legally authorized representative.

The BB Site provides an online platform through which you can solicit offers from Hotels. If a Hotel presents an offer which you, in your sole and unfettered discretion, deem acceptable you are then able to make reservation on the terms set out in such offer.

By accepting the offer of a Hotel and making a reservation through the BB Site, you create a contractual relationship with that Hotel. BB serves solely as an intermediary between you and the Hotel, transmitting the details of any offer from the Hotel and if accepted transmitting the details of your reservation to the Hotel and providing you with a confirmation e-mail for and on behalf of the Hotel.

By accepting an offer and making a reservation with a Hotel, you accept the terms and conditions of the Hotel in respect of your reservation and your stay at the Hotel which may or may not be displayed on the BB Site. Unless otherwise specified by the Hotel, all reservations are final, can not be cancelled or changed and are non-refundable in all circumstances.

As you need to pay for or secure any reservation when made (and not at the time of your stay), we will need your credit card information. BB will, in secure manner, transmit such credit card information directly to the Hotel so that it can charge the card. In addition to the charge from the Hotel, some credit cards impose fees for certain transactions. The amount charged to your card at the time of booking will not cover additional expenses incurred during your stay at the Hotel.

All information which you supply to BB must be true, accurate, current and complete in all respects, including the details of any existing reservation with a hotel which you elect to post on the BB Site for the purpose of soliciting offers from other Hotels. You agree to promptly update your account information so that at all times it is current, complete and accurate. BB may use publicly available information on websites and otherwise to verify that any reservation which you have provided for posting is accurate.

BB may, further to a breach of these terms and conditions or for any other reason in BB's sole and unfettered discretion, at any time and without prior notice terminate your access to all or part of the BB Site.

Your use of the BB Site and all information which you provide to us while using the BB Site is subject to our Privacy Policy. You hereby agree to the use of your personal information by BB and all Hotels with whom you make reservations in accordance with the terms of and for the purposes set forth in the Privacy Policy.

In the provision of our services, the information which we disclose and convey to you, including descriptions and ratings of the Hotels and offers by Hotels, is based on the information provided to us by the Hotels and other suppliers and providers. The display of such information does not constitute BB's approval thereof or any representation and warranty of BB with regard to the accuracy, completeness and correctness of such information. The BB Site should not be seen as providing a recommendation or endorsement of any Hotel.

You agree that BB will not act, and shall not be deemed to act, as your agent or legal representative and vice versa. No partnership, joint venture or employment relationship exists between you and BB as a result of your use of the BB Site. BB is not liable for acts, errors or omissions, including any misrepresentations, negligence or breach of contract, by any Hotel.

The BB Site, including the BB Content are provided on a "as is" and "as available" basis. BB disclaims all warranties of any kind, express or implied. Moreover, BB is not responsible for any loss or damages arising in connection with your use of the BB Site, including the downloading of any BB Content, and the services provided by BB, as well as any reservation at Hotel obtained on the BB Site, including any physical injuries sustained during your stay at a Hotel, the failure of a Hotel to respect the terms of any reservation, any viruses which may impact the equipment which you use to access the BB Site whether based on negligence, breach of contract tort, strict liability or otherwise.

The BB Rewards Program (the "Program") is provided to BB customers at the sole discretion of BB. The Program is only available to individuals who are 18 years of age and older, and have a valid email address. By registering with BB, travellers can participate in the Program and earn reward points when booking hotels via BackBid.com. BB customers can also invite friends to register with BackBid.com. Rewards points will then be earned when 'friends' sign-up to BB and book their hotels via BB. Reward points from the program can only be redeemed for hotel bookings at BB. Redeeming reward points for a hotel stay, via BB, is based on hotel and room availability. The reward points do not have any cash value. BB can terminate the Program at any time. If the Program is terminated, all reward points will automatically be forfeited if they are not used within 90 days of BB's Program termination announcement.

The Program is void with regard to a BB customer if prohibited by law in the jurisdiction of such customer's residence. The terms and conditions governing the Program, including how points are earned and the redemption thereof, may be amended at any time, with or without notice, even though any such amendment may affect your ability to use any points which a BB customer has already earned.

If, despite the foregoing limitation, BB is found to be legally responsible for any loss or damage arising out of the use of or in connection with the BB Site or the services provided by BB, the liability of BB to you shall be limited to direct damages (which specifically excludes special, punitive, indirect and consequential damages) suffered by you as a result of BB's failing to perform its obligations hereunder or in connection with the services provided hereby up to the aggregate cost of your reservation.

You hereby agree to indemnify and save each of BB, as well as its affiliates, shareholders, directors, officers, employees, agents and representatives harmless of and from losses, liabilities, damages, expenses and causes of action resulting from (a) any breach by you of these terms and conditions, (b) any violation by you of any applicable law or the rights (including intellectual property rights) of any person, or (c) the use of the BB Site.

BB may modify these terms and conditions at any time by posting a notice on the BB Site 15 days before any material modification comes into effect. Your continued use of the BB Site shall constitute your consent to the so modified terms and conditions.

Nothing contained herein limits the right of BB to comply with applicable laws and any requests of governmental authorities which, pursuant to such applicable laws, BB is legally required to respect.

These terms and conditions constitute the entire understanding between you and BB with respect to BB Site and the services provided by BB.

If any of the provisions contained herein is determined to be illegal, invalid or unenforceable by a court of competent jurisdiction that provision will be severed from these terms and conditions and the remaining provisions shall remain in full force and effect.

The BB Site is operated by a Canadian entity and these terms and conditions are governed by the laws of its jurisdiction of incorporation.