Ask Marty Terms of Use

Last updated: march 2019

Purpose and Scope of the GTCs

The following terms and conditions (T&C) apply to the use of the mobile application Ask Marty (hereinafter called “Ask Marty" or “application"). Ask Marty is an application operated by BigBlank SAS, which cancels hotel reservations and makes new reservations under/in the user’s name, once a better rate for a comparable hotel room at the same hotel is be found. For this Ask Marty continuously searches various sources for a better price for a comparable hotel room at the same hotel for the previously booked period.The use of the application is subject to these Terms and Conditions.For the contract for the use of the application, no separate contract text is provided. The content of the agreement between the user and Ask Marty contract results from these General Terms and the concrete, during the registration process (see. Para. 3) transmitted information. The terms of use and other relevant information will — if the user registers on the application — be transmitted by Ask Marty with a confirmation e-mail. The user’s data, submitted as part of his registration, will be saved by Ask Marty.By registering or using the Ask Marty services the user accepts the validity and applicability of these Terms of Use.Ask Marty reserves the right to adapt the terms and conditions at any time, with effect in the future or to update when technical, economic or legal reasons make such an adjustment necessary.Unless the user expresses consent for an adjustment to the terms of service, Ask Marty will inform the user about any changes in the conditions of use in time (at least four weeks before the implementation of the amended terms and conditions). In this case Ask Marty will send the new version of the T&C to the user’s registered e-mail address. In this context Ask Marty will explicitly mention the possibility and time of objection to the changes undertaken and the consequences of no objection given.If the user does not object to the change within four weeks after entry into force of the amended terms, the amended Terms and Conditions shall be considered accepted. The period begins on the day that will be announced by e-mail as the effective date of change.If the user objects to the amendment, Ask Marty is entitled, if necessary, to terminate the contract, based on his interests, with effect from the date of entry on which the revised terms were implemented, and delete the user account.


Benefits and rights of Ask Marty

If the user uses the services of Ask Marty for a specific reservation, he gives Ask Marty the right to search for him for cheaper deals, and simultaneously gives Ask Marty binding permission (authorization), to rebook and cancel the users initial booking and make new reservations on his behalf.Ask Marty then continuously searches the internet for the best rate for a comparable hotel room at the same hotel as the initial booking.If through the operation conducted under section. 2.2., a lower price is found, Ask Marty has the right to make a new booking on the users behalf to lower the price and cancel the previous reservation on his behalf.Ask Marty has the right to repeat the process, described under 2.3, with every price reduction. Ask Marty may also undertake transactions that can no longer be cancelled free of charge. Before the user starts his trip, he will receive a confirmation email from Ask Marty in which he will be informed of the rebooking and savings.Ask Marty reserves the right to undertake a transfer, as described in 2.3, even if the price remains the same.In each case the contract for the hotel accommodation is directly and solely concluded between the user and the supplier (booking portal or hotel). Ask Marty only acts as agent, and is not itself a party to the accommodation contract.Ask Marty has the right to make a booking, that slightly differs from the initial booking. These include in particular the following cases: Elimination of small additional services (e.g.. free water bottle, etc.)Additional agreements with the hotel (e.g.. extra pillows)Fundamental differences (e.g. standard room instead of suite) remain unaffected if not explicitly accepted by the user.Upon cancellation or rebooking/transfer Ask Marty cannot determine, whether this causes the user to lose any bonuses or loyalty points, which he received for the initial booking or would receive when using the original reservation. Without any opposing/contradictory indication of the user, Ask Marty can undertake cancellations and transfers, even if the user loses previously granted bonuses or loyalty points.The benefits of Ask Marty are only possible, if the initial reservation made by the user can be cancelled free of charge.



Rights and obligations of the user

To use the functions/features of the Ask Marty application, the user needs to register with Ask Marty (see clause 4).In order for Ask Marty to be able to cancel and make a new reservation on the users behalf, he grants Ask Marty a proxy/authorization. This is done by granting Ask Marty a specific order under these T&C in accordance with clause 3.3 of these terms.In order to use the services of Ask Marty, the user only needs to forward his initial booking confirmation to hotel@askmarty.io. From this point, the user has an obligation to refrain from making a cancellation or rebooking/transfer.If the possibility of a transfer arises/exists, Ask Marty will inform the user by push notification. In this case, the user can either accept or reject the booking.If the user accepts the booking, Ask Marty will book it for him and the user will be notified via email. If the (re-)booking can be cancelled, the user will be notified with reference to the cancellation deadline. If the user does not object to the reservation within this period, the reservation will become binding.The user is given the option of stopping the search by Ask Marty at any time by sending an email with this request to Ask Marty. Bookings made by the user will not be canceled by Ask Marty. Bookings made by Ask Marty, will be canceled, unless the cancellation deadline has been exceeded.If AskMarty needs to deposit own credit card details or other security data to make a booking for the user, he is obliged to avoid any additional costs. In particular, the user is obliged to provide the hotel with his own payment data upon arrival.


Registration at AskMarty

Upon registration a contract for the use of Ask Marty comes into existence between the operator of the platform (BigBlank SAS) and the user (see para. 1.4.).Any information required for registration are to be complete and accurate and always be kept up to date by the user.Ask Marty is entitled to make the use of the application dependent on an appropriate proof of the users identity and/or business ability or the consent of the users legal representative.Registering with Ask Marty is free of charge.In the course of registration with AskMarty the user enters his email address.The Ask Marty user account may only be used by himself. Any unauthorized use of the user’s account, as well as any pertinent suspicion has to be immediately communicated with/to Ask Marty.Ask Marty is entitled to save and process the users registered data in accordance with the regulations for data protection (see Privacy Policy).


Remuneration and invoicing

The performance of Ask Marty is paid based on its success (rate). Ask Marty gets a percentage of the actual achieved savings (the difference between the initial and final price of the booking).The commission is — unless explicitly otherwise stated in an individual case in the context of a booking offer — due on the date on which the user accepts and pays for the booking.Except the performance fee described in paragraph 5.1., the user will not be charged any additional fee for the service provided by Ask Marty.If Ask Marty fully or partially disburses the accommodation expenses for a rebooking, the user will be charged with the costs.The user can request an invoice from Ask Marty, which will then be sent to him by email.


Term and Termination

The license agreement runs from the date of the user’s registration according to point. 4. of these terms of use for an indefinite period.The user may terminate this agreement at any time. The license agreement may also be terminated by the user by deleting his Ask Marty account. To delete his account, the user needs to send an email with his request to hello@askmarty.io.Ask Marty can cancel the user agreement at any time with a notice period of 14 days.The right to block and to terminate for an important cause remains unaffected by the foregoing provisions.



Liability and warranty

Ask Marty assumes liability for Ask Marty and will not cancel/rebook any user booking, without ensuring a new booking for the user. Ask Marty is liable for any damage caused by a booking error/mistake made by Ask Marty. However, Ask Marty is not liable for any behavior contrary to agreement or otherwise damaging behavior of third parties (e.g. hotel operator), who are not agents of Ask Marty.Ask Marty specifically excludes any liability for slightly negligent breaches of duty, unless fundamental contractual obligations (so called. cardinal obligations), concerning damages arising from injury to life, limb or health or guarantees or claims under the Product Liability Act. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract and on whose fulfillment you may trust. With regard to companies, the liability for the breach of duty is limited to the amount of the typically expected/foreseeable damage when closing the contract.The same applies to breaches of duty by agents and legal representatives of Ask Marty.Ask Marty assumes no liability for breaches of duty arising in connection with the execution of the accommodation contract. In this instance Ask Marty acts only as an agent and is itself not a contract party.


Final provisions

If any provision of these Terms and Conditions is invalid, the contract still remains valid.The law of the French law, excluding the conflict of law rules of the draft law and the regulations of the UN purchasing law (CISG) apply. Mandatory applicable legislation (esp. on consumer protection) of another state, in which the user resides, remain unaffected.Unless an exclusive legal jurisdiction is given/applies, only the place of business of the operator of Ask Marty is responsible for all disputes arising out of or in connection with the contractual relationship, provided the user is a merchant, legal entity under public law or public special assets or has no general jurisdiction in France or another EU member state or the user is living/has relocated according to these terms and conditions to a non-EU country.
Last updated: March 2019