Terms & Conditions for participating in the Booking.com Booster Labs
VIII. PROGRAMME RELATED TRAVEL
IX. THE FINAL PITCH
XII. NON SOLICITATION
Booking.com Booster Labs, also abbreviated as Booster Labs
one weekend startup accelerator/growth hacking weekends and a grant fund being run by the Promoter. Its aim is to find and help grow early-stage businesses that have a positive impact on the travel industry. The Fund consists of EUR 100,000 per weekend
a for-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 Shortlisted Entrepreneurs and Selected Startups
A fund consisting of EUR 100,000 that may be granted in the manner described in this Agreement
The Programme of the Booking Booster Labs as described in part II of these Terms & Conditions
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 Booster Labs weekend
The process of selecting the Shortlisted Entrepreneurs and Selected Startups as described in these Terms & Conditions
Applicants that have been selected by the Promoter to participate in the weekend Programme of the Booster Labs
The Selected Startups that are granted with a share of the Fund
II. PROGRAMME OVERVIEW
The Booster Labs Programme comprises the following stages:
Application by the Applicants
1. Online application by the Applicants via the Programme website between 27 September 2017 and 15 October 2017;
Selection of the Shortlisted Entrepreneurs
2. Selection of the Shortlisted Entrepreneurs by the Promoter. Judging criteria are specified below in VI.1;
Booster Labs Programme and Final Pitch by the Shortlisted Entrepreneurs
3. A 1-weekend (Fri-Sun) Booster Labs Programme comprising of a series of workshops, experiments and mentoring taking place in Barcelona in December 2017. Two representatives per startup will attend the Booster Labs weekend;
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 weekend, on the Sunday afternoon or evening.
Granting of the Fund to the Selected Startups
5. After the pitches, the Promoter decides on the granting of funds to the Selected Startups.
Coaching and mentoring of the Selected Startups
6. Mentoring support by the Promoter to the Selected Startups for a period up to 3 to 6 months after participation in the Booster Labs.
7. The Selected Startups who received a grant following their final pitch will be asked to update the Promoter on their business progress through sharing quarterly financial reports and regular phone calls over a period of two years after participating in the Booster Labs.
8. Measuring the impact of our support (grant & expert training and mentoring) has had for Shortlisted Entrepreneurs . This will be done through a survey and phone interviews on a yearly basis – up to three years after participating in the Booster Labs.
9. The Promoter is entitled to amend the Booster Labs Programme at its discretion.
III. APPLICATION REQUIREMENTS
1. The Booster Labs is open to any Applicant that:
a. seeks to tackle the challenge of Destination Unlocked (Inspiring travelers to widen their scope by discovering new territories and help relieve pressure on overcrowded tourist areas) or that works to ensure that local communities benefit from tourism; and
b. has a proven MVP (minimum viable product) or prototype which has been validated with customers; and
c. once chosen as a Selected Startup, shall not enter into any Startup Programme, Incubator or Funding Programme relating to another online travel brand until 6 months after the application deadline, until 13 April 2018; and
d. operates within the EMEA region; and
e. promises to use any granted funds for bona fide business purposes consistent with the business plans and future milestones presented to the Promoter.
If at any stage in the Booking.com Booster 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.
2. To participate in the Booster Labs, two Representatives (one being the CEO or a Co-Founder) must be available to travel to the 1-weekend Booster Labs Programme taking place from 1 Dec to 3 Dec 2017 in Barcelona. These dates may be altered by the Promoter.
3. You should check your availability before applying for the Booster Labs. If you are unable to attend then you must, at the request and discretion of the Promoter, withdraw from the Booster Labs or appoint a substitute.
4. You must be fluent in English. All Booster 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 Booster 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.
IV. KEY DATES FOR THE BOOSTER LABS (BARCELONA EDITION)
The regional application process opens
09.00 CET on 27 September 2017
23.59 CET on 15 October 2017
Candidate Shortlisted Entrepreneurs are contacted and interviewed
Between 25 and 30 October 2017* (applicants need to keep 27-30 October free for phone interviews)
Shortlisted Entrepreneurs confirmed and invited to the 1-weekend Booster Labs
By 6 November 2017*
Shortlisted Entrepreneurs attend 1-weekend Booster Labs in Barcelona
1 Dec to 3 Dec 2017*
Final Pitch and value of grants announced
3 Dec 2017*
* 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 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 business idea. This may include without limitation, civil and criminal court records and police reports on the Applicants, Representatives and entity directors. By entering the Booster 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 Booster Labs, including, without limitation, because the Applicant’s participation in the Booster 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 Booster 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.
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 within the topics of Destination Unlocked (overcrowdedness) and Local Communities (inclusive growth);
b. SOLUTION – Need and innovative value proposition;
c. MARKET OPPORTUNITY – Scalability of the solution and financially feasible business model;
d. ROADMAP – Clearly defined milestones of the startup’s development and key metrics to be measured;
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 Booster 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, telephone or in person depending on their location.
4. Stage 3: Selection: On the basis of the interview, together with all information and facts received prior, the Shortlisted Entrepreneurs will be selected by the Judges. The Applicant shall be contacted by post, telephone and/or email no later than 6 November 2017.
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 Shortlisted Entrepreneur and / or cannot attend the 1-weekend Booster Labs Programme, or is otherwise ineligible, their selection as Shortlisted Entrepreneur will be forfeited and an alternative startup, 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.
VII. 1-WEEKEND BOOSTER LABS PROGRAMME
1. In December 2017 the Shortlisted Entrepreneurs will attend a one-weekend 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 Booster Labs begins by getting to know the other startups participating in the programme and learning about Booking.com and its sustainable tourism initiatives.
3. Day 2 of the Programme focuses on workshops on a number of important startup- and sustainable tourism-related topics given by expert trainers and inspirational speakers
4. Day 3 focuses mostly on giving startups the chance to finalise their roadmaps and pitch presentations in preparation of the final pitch.
VIII. PROGRAMME RELATED TRAVEL
1. The Shortlisted Entrepreneur shall receive:
a. A trip for the Representative(s), up to two per startup, to attend the 1-weekend Booster Labs in Barcelona in December 2017 comprising of:
b. return economy flights from/to your home country up to 500 euros per Representative;
c. accommodation as specified by the Promoter;
d. airport transfers at destination;
e. meals during the Booster Labs weekend
2. All Representatives must be able to organise their own visas if needed, at their own costs.
3. Any other costs, charges, taxes or expenses not specified above are for the account of the Representatives of the Shortlisted Entrepreneur.
4. All reservations and travel arrangements shall be with suppliers selected by the Promoter in its sole and absolute discretion. All arrangements must be made through a travel agent selected by the Promoter. Travel dates once arranged are not changeable and non-transferrable. Airline tickets are non-refundable, non-transferable, and are not valid for upgrades.
5. Travel may not qualify for frequent flyer miles.
IX. THE FINAL PITCH
1. During this stage the Shortlisted Entrepreneurs pitch for a share of the EUR 100,000 Fund.
2. The Final Pitch is scheduled to take place on 3 December 2017, in Barcelona.
3. The Final Pitch, each startup will have the opportunity to pitch for funding in front of a global expert panel of Judges.
4. Each startup will be required to deliver a presentation before the Judges. Each startup 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 startups as soon as they are finalised.
5. Presentations will be evaluated by the Judges according to the following broad criteria:
I. IMPACT – Potential positive social impact within the topics of Destination Unlocked (overcrowdedness) and Local Communities (inclusive growth);
II. SOLUTION – Need and innovative value proposition;
III. MARKET OPPORTUNITY – Scalability of the solution and financially feasible business model;
IV. ROADMAP – Clearly defined milestones of the startup’s development and key metrics to be measured;
V. 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 Selected Startups. 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.
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 Selected startup(s) via wire transfer within 45 business days from The Final Pitch. The Promoter may require a signed and filled in payment acceptance form before payment is made.
X. POST BOOSTER LABS PROGRAMME
1. The Selected Startups receive up to 3-6 months of mentoring from mentors chosen by the Promoter, focused on the execution of the future milestones presented during the Final Pitch. Mentoring sessions will be for approximately one hour per week.
2. Subject to Section V.3., the Selected Startups agree to provide the following high level business information to the Promoter upon reasonable request of the Promoter after the end of the Booster Labs weekend & Final Pitch:
a. the percentage growth in revenue and profit during Booster Labs and thereafter;
b. the annual revenue of the business over the last 3 years;
c. the growth of the business since participating in the Booster Labs (in terms of employee numbers and markets entered amongst other measures);
d. details of how any money granted during the Booster Labs was used by the business;
e. data showing the impact of any money awarded to the business during the Booster 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
f. 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 Booster Labs and wider Booking Booster initiatives, in statistics and data relating to the Programme and the Promoter’s corporate social responsibility contributions.
4. Shortlisted Entrepreneurs 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 Shortlisted Entrepreneurs 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.
XII. NON SOLICITATION
1. Shortlisted Entrepreneurs and Selected Startups, as of their selection as Shortlisted Entrepreneur until one year after the first day of the 1-weekend Booster 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.
1. These Terms & Conditions set out the entire agreement between the Applicants, Shortlisted Entrepreneurs, Selected Startups and the Promoter with respect to the Booster Labs.
2. These Terms & Conditions apply to the entire legal relation between the Applicant and the Promoter in relation to the Booster Labs. The Applicant accepts that the Promoter's decisions shall be final and binding in all respects relating to the Booster Labs.
3. The Selected Startups are entirely responsible for assessing and paying all applicable federal, provincial, state and local taxes in any respect of the Booster 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 Booster Labs;
e. for injury or damage to Applicants' or to any other person's computer related to or resulting from participating in the Booster Labs or downloading materials from or use of the Booking Booster and Booster 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 Booster 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 Booster 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 Booster Labs if it cannot be operated as envisaged, or cannot be operated as envisaged without disproportionate expense.
8. Application and participation in the Booster 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 Booster 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 Booster 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 Booster Labs.
11. Neither the participation in the Booster Labs nor the granting of any funding constitutes any form of influence, control or participation in the Applicant’s business. The Booster 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 Selected Startup is acquired by one or more third parties in a 12 month period commencing December 3, 2017, 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 Booster 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 Booster 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 Booster Labs, as well as the contract itself, to third parties.