TERMS & CONDITIONS FOR APPLYING TO AND PARTICIPATING IN THE BOOKING CARES FUND
II. BOOKING CARES FUND OVERVIEW
III. APPLICATION REQUIREMENTS
IV. KEYDATES FOR THE BOOKING CARES FUND
V. THE APPLICATION PROCESS
VI. THE SELECTION PROCESS
VIII. PROGRAMME RELATED TRAVEL
X. POST GRANT ARRANGEMENTS
XI. MARKETING AND PROMOTION
XII. NON SOLICITATION
Booking Cares Fund.
A global fund being run by the Promoter. Its aim is to provide grants to teams with a project that reimagines the tourism and travel space to strengthen local communities, preserve & promote local culture and protect natural resources. The Fund for all application rounds in 2018 consists of EUR 2,000,000.
A non-profit legal entity or social enterprise 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 the Grantees
Booking.com BV, a company incorporated in the Netherlands with company file number 31047344 and VAT tax registration number NL805734958B01
Team also referred to as: “you”
Representatives of the Applicants, entitled to fully represent the Applicant in relation to the Promoter.
The process of selecting the Grantees as described in these Terms & Conditions
The Shortlisted Applicants that are granted with a share of the Fund
II. BOOKING CARES FUND OVERVIEW
The Booking Cares Fund comprises the following stages:
Application by the Applicants
1. Online entry/application by the Applicants via the programme website between 15 August and 17 September;
Selection of the Shortlisted Applicants
2. Selection of the Shortlisted Applicants by the Promoter. Judging criteria are specified below in VI.1;
Granting of the Fund to the Grantees
4. Based on the 3 day assessment programme in Amsterdam, the Promoter decides on the granting of funds to the Shortlisted Applicants.
5. The Grantees will report their progress on quarterly basis and they will communicate desired changes to the execution of the project plan beforehand with the Promoter. Grants should be used in accorded with the project plan as submitted in the application. The Promoter is entitled to demand repayment of any grant if the plan is not followed, if changes are not communicated or if the Promoter disapproves the desired change.
6. Measuring the impact of our support (grant & expert training and coaching) has had for projects of the grantees. This will be done through a survey and phone interviews on a yearly basis – up to three years after participating in the Booking Cares Fund. The Applicant will cooperate in these measurements.
7. The Promoter is entitled to amend the Booking Cares Fund at its discretion.
III. APPLICATION REQUIREMENTS
The Booking Cares Fund is open for application by
a. any Applicant that employs or hires
b. a team, consisting of individuals over 18 years old, with an original idea for
c. a project that reimagines the tourism and travel space to strengthen local communities, preserve & promote local culture and protect natural resources; and
d. 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 team representing the project idea in Amsterdam 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 Fund.
e. 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, as its full discretion.
If at any stage 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.
2. You must be fluent in English. All communication will be entirely in English. No interpreters or translations of materials will be provided.
3. Applying for the Booking Cares Fund is free of charge.
IV. KEY DATES FOR THE BOOKING CARES FUND
The global application process opens
09.00 CET on 15 August 2018
23.59 CET on 16 September 2018
Candidate Shortlisted Applicants are contacted and interviewed
In the week of 8-15 October 2018
Shortlisted Applicants attend assessment programme in Amsterdam
4-7 December 2018
Final grants are awarded to Grantees
Beginning of January 2019*
* dates may be altered by the Promoter
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 the entity registration document that includes details about the Applicant’s board;
c. provide two references. The Promoter may contact the references as part of its assessment of the Applicant and its network and track record; and
d. agree to these Terms and Conditions.
3. You may have confidential information or material and/or organisational 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 without providing the Promoter with such information or material, to immediately withdraw from the application. 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 project idea. This may include without limitation, civil and criminal court records and police reports on the Applicants, Representatives and entity directors. By applying to the Booking Cares Fund, Applicant gives the Promoter permission to conduct such background and financial/criminal checks and if necessary shall provide such written authorization 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 authorize 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 Booking Cares Fund, including, without limitation, because the Applicant’s participation in the Booking Cares Fund 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 project does not and will not violate the rights (including Intellectual Property rights) of any third party ;
b. the Applicant, its board members, members of the team or other project partners have never been convicted of fraud or been declared bankrupt;
c. none of its board members, members of the teamor other project partners were disqualified as a board member or company director;
d. its activities are in conformity with all applicable legislation and regulations and will continue to do so;
e. the Applicant (including its employees, directors, board members, 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, its board members, the members of the team or other project partners 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 board members, members of the team or other project partners 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 Booking Cares Fund and/ or reclaim any grant paid. In addition, the Promoter is entitled to all other legal remedies, among which the right to claim damages.
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 review panel appointed by and on behalf of the Promoter (the “Review panel”). The review panel has full discretion in reviewing applications and will do so in accordance with the following broad criteria.
a. Project idea with the potential to produce meaningful change that can scale;
b. Project idea that shows demonstrable impact within 12 months: measurable impact to strengthen local communities, preserve & promote local culture and protect natural resources.
c. Project ideas that are disruptive, ground-breaking and innovative. It must have a truly transformational character, not just a tweak to current practice;
d. Project plans including sound organizational plan with financial feasibility;
e. Skills, experience and commitment of Applicant, and its team.
2. Stage 1 Initial screening, moderation & application assessment process: The applications will be subject to an initial screening by the Review panel based on the above criteria. The applications of approximately the top 20% based on rankings will be further assessed by the Review panel.
3. Stage 2: Interview of top candidates: The top Applicants remaining will be interviewed via either video, telephone or in person depending on their location.
4. Stage 3: Selection: On the basis of the interview, and together with all information and facts received prior, the Shortlisted Applicants will be invited to Amsterdam to participate in an Assessment Programme from 4-7 December. The Applicant shall be contacted by post, telephone and/or email no later than November 2018.
5. If attempted notification using all the contact details supplied by the Applicant at time of entry are returned as undeliverable, or if a an Applicant cannot be verified within the time required, or if an Applicant is otherwise unable to accept their status as Shortlisted Applicants, their selection as Shortlisted Applicant will be forfeited and an alternative Applicant, 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.
7. The Review panel will determine in their absolute discretion how to allocate the funding to the Selected Applicants. The allocation of the grant will be confirmed in writing. The Review panel is not obliged to spend the entire fund.
8. The Review Panel’s decisions are final and binding on all matters relating to the allocation of the fund.
9. Before any grant is paid, the Promoter will require the signature of a payment acceptance form.
X. POST GRANT ARRANGEMENTS
1. Subject to Section V.3., the Grantees agree to provide the following high level business information to the Promoter upon reasonable request of the Promoter after the end of the grant awarding:
a. Quarterly progress reports of the project including budget update and learnings.
2. Such information may be used by the Promoter in a public-facing impact report relating to the Booking Cares Fund, in statistics and data relating to the programme and the Promoter’s corporate social responsibility contributions.
3. Grantees become part of the Booking.com Cares Network. This Network focuses on connecting non-profit organisations, startups and experts that are working to create a more sustainable tourism industry.
XI. MARKETING AND PROMOTION
1. All Grantees agree to participate in any reasonable promotional and publicity activities related to the Booking Cares Fund, to be determined by the Promoter. Such activities could include the use of the Grantee’s name, address, trademarks and logos, the names of the members of the team, 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.
XII. NON SOLICITATION/ NO OTHER FUNDERS
1. Grantees, until two years after the grant reception, 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.
2. Grantees undertake that the project for which the grant will be paid (as well as activities related or perceived to be related thereto) will not receive any third party funding unless the Promoter has approved such funding (including the application for such funding) in advance in writing.
1. These Terms & Conditions set out the entire agreement between the Applicants, Shortlisted Applicants, Grantees and the Promoter with respect to the Booking Cares Fund.
2. These Terms & Conditions apply to the entire legal relation between the Applicant and the Promoter in relation to the Booking Cares Fund. The Applicant accepts that the Promoter's decisions shall be final and binding in all respects relating to the Booking Cares Fund.
3. The Selected Applicants and Grantees are entirely responsible for assessing and paying all applicable federal, provincial, state and local taxes in any respect of the Booking Cares Fund 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 grant is allocated/ paid. 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 Booking Cares Fund;
e. for injury or damage to Applicants' or to any other person's computer related to or resulting from participating in the Booking Cares Fund or downloading materials from or use of the Booking Cares Fund 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 Booking Cares Fund 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 Booking Cares Fund 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 of the Booking Cares Fund if it cannot be operated as envisaged, or cannot be operated as envisaged without disproportionate expense.
8. Applying with the Booking Cares Fund is at the Applicant’s own risk. Any advice, coaching, mentoring etc given by or on behalf of the Promoter and in the context of the Booking Cares Fund 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 activities related to the Booking Cares Fund 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 Booking Cares Fund. Any breach entitles the Promoter to full repayment of any grant paid.
11. Neither the participation in the Booking Cares Fund nor the granting of any funding constitutes any form of influence, control or participation in the Applicant’s business. The Booking Cares Fund explicitly is not intended to constitute a distribution, agency, labor, instruction, joint venture, or cooperation agreement between the Applicant and the Promoter.
12. These Terms & Conditions, as well as the entire legal relationship between the Applicant and the promoter as far as it relates the Booking Cares Fund shall be solely governed by the laws of the Netherlands. Any conflict arising from or in relation to these Terms & Conditions and/ or the Booking Cares Fund shall be brought to the exclusive jurisdiction of the courts of the Netherlands.
13. The Promoter is entitled to transfer it rights and obligations from these Terms & Conditions and any other rights and obligation in relation to the Booking Cares Fund, as well as the contract itself, to third parties.