Terms & Conditions

General Delivery Terms

These general delivery terms (the “Terms”) form an integral part of the Accommodation Agreement (the "Accommodation Agreement" and together with the Terms, the "Agreement") entered into between an Accommodation and XL Escapes (each a "Party" and collectively the "Parties").

1. DEFINITIONS

In addition to terms defined elsewhere in this Agreement, the following definitions apply throughout this Agreement, unless the contrary intention appears:

“XL Escapes Platform” means the website(s), apps, tools, platforms, or other devices of XL Escapes on which the Service is made available.
“Customer Service” means the customer service desk of XL Escapes which can be reached at info@xlescapes.com.
“Data Controller” means a natural or legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
“Direct Debit” means the instruction given by the Accommodation to its bank such that XL Escapes is authorised to collect the relevant amount under this Agreement directly from the bank account of the Accommodation.
“Bookalet” means the online system used by XL Escapes and its partners for managing bookings, availability, rates, and accommodation information.
“Force Majeure Event” means any of the following events affecting multiple Guests and multiple accommodation properties: acts of God, volcanic eruptions, (natural) disasters, fire, (acts of) war, hostilities or any local or national emergency, invasions, compliance with any order or request of any national, provincial, port, or other public authority, government regulations or interventions, military actions, civil war, or terrorism, (biological, chemical or nuclear) explosions, rebellions, riots, insurrections, strikes, civil disorder (or the material or substantial threat or justified apprehension of any of the foregoing events), curtailment of transportation facilities, closing of airports or any other exceptional and catastrophic event, circumstance or emergency which makes it impossible or illegal for Guests to travel to or stay at, or prevents Guests from traveling to or staying at, the Accommodation.
“Guest” means a visitor to the Platforms or a customer or guest of the Accommodation.
“Intellectual Property Right” means any patent, copyright, invention, database right, design right, registered design, trademark, trade name, brand, logo, service mark, know-how, utility model, unregistered design, or other industrial or intellectual property right subsisting in any territory or jurisdiction in the world.
“Personal Data” means any information relating to an identified or identifiable natural person (including Customer Data and credit card data).
“Platforms” means the website(s), apps, tools, platforms and/or other devices of XL Escapes and its affiliated companies and business partners on or through which the Service is (made) available.
“Service” means the online holiday home reservation system of XL Escapes through which accommodations can make their properties available for reservation, and through which Guests can make reservations, the Facilitated Payment, customer service, and the Communication Service.

2. ACCOMMODATION OBLIGATIONS

2.1 Accommodation Information

2.1.1 Information provided by the Accommodation for inclusion on the Platforms shall include all details about the Accommodation (e.g., pictures, descriptions, amenities, and room availability), including accurate rates (inclusive of all taxes and fees), availability, cancellation, no-show policies, and any other relevant policies or restrictions (the "Accommodation Information"). XL Escapes will manage this information, including availability, rates, and room types, through Bookalet exclusively.

2.1.2 The Accommodation warrants that the Accommodation Information will always be true, accurate, and not misleading. While XL Escapes may update Accommodation Information on behalf of the Accommodation, the Accommodation is ultimately responsible for maintaining the accuracy of all data provided.

2.1.3 Information provided by the Accommodation remains their property. By supplying this information to XL Escapes, the Accommodation grants XL Escapes the right to use, modify, and translate the information for the Platform’s purposes.

2.1.4 All updates and amendments to the Accommodation Information (such as rates, availability, and rooms) must be managed by the Accommodation through Bookalet.

2.2 Rate and Room Parity

2.2.1 The Accommodation shall ensure rate and availability parity (“Parity”) for rooms listed on the XL Escapes platform.

Rate Parity: The rates on XL Escapes should be at least as favorable as those on the Accommodation's website, call centers, or other third-party platforms, excluding closed-user groups (e.g., members-only discounts).
Availability Parity: Availability offered through XL Escapes must match that offered to other platforms, ensuring fair access for XL Escapes guests.

2.2.2 Restrictions or conditions applied to rooms on XL Escapes must comply with Clause 2.2.1 and should be reasonable for all parties involved (including Guests).

2.2.3 XL Escapes may, at its discretion, apply booking fee adjustments to enhance guest interest; however, this will not impact the Accommodation's set rate or resulting revenue.

2.2.4 The Accommodation is encouraged to provide access to various room types and rates during both peak and off-peak periods.

2.3 Fee Structure

2.3.1 Commission-Free Direct Bookings: Accommodation bookings made through XL Escapes are now commission-free. Instead of a host commission, a booking fee is added to each reservation, which is paid by the guest. This means hosts retain the full booking rate, increasing their profitability.

2.3.2 Guest Booking Fee: The booking fee is an additional charge paid by the guest at the time of booking and does not affect the room rate or other amounts paid directly to the Accommodation.

2.3.3 Hosts will receive a monthly reservation summary through Bookalet for all bookings made on XL Escapes.

2.4 Payment Process

2.4.1 Stripe Connect: All guest payments will be processed through Stripe Connect. Stripe Connect will release the full booking payment to the Accommodation following guest check-out.

(a) Bookings processed within a calendar month will be paid out automatically via Stripe Connect at check-out, with no need for manual invoicing.

(b) Stripe Connect manages all payments, ensuring hosts receive cleared funds directly, with no manual intervention needed.

2.4.2 Accommodations remain responsible for reporting relevant taxes applicable to booking payments to the appropriate tax authorities.

2.4.3 In cases of dispute over a booking payment, Stripe Connect will continue to process payments for undisputed amounts while disputes are resolved.

2.5 Reservations, Guest Contract, and Liability

2.5.1 Upon booking through XL Escapes, the Accommodation will receive reservation details (e.g., arrival date, number of nights, and guest requests) via Bookalet.

2.5.2 A direct contract is formed between the Accommodation and the Guest upon booking. The Accommodation is responsible for honoring the reservation details confirmed on XL Escapes.

2.5.3 Any additional fees beyond the confirmed booking rate cannot be imposed by the Accommodation.

2.5.4 XL Escapes disclaims responsibility and liability for any claims or complaints related to the Accommodation’s services, which must be managed directly by the Accommodation. XL Escapes may, at its discretion, provide limited guest support but does not assume liability.

2.5.5 No Price Match Guarantee: XL Escapes does not offer a price match guarantee and will not process claims related to pricing discrepancies.

2.6 Overbooking and Cancellation

2.6.1 The Accommodation must provide the rooms booked by Guests. If the Accommodation cannot meet this obligation for any reason, it must inform XL Escapes immediately via customer service. The Accommodation must make alternative arrangements at its own expense, ensuring equal or superior quality accommodations for the Guest. If no room is available upon arrival, the Accommodation will:

(a) Find alternative accommodations of equal or better quality for the Guest;

(b) Provide free private transportation to the alternative accommodations for the Guest and their party; and

(c) Compensate XL Escapes and/or the Guest for reasonable expenses incurred due to the overbooking, such as alternative accommodation and transportation costs. Compensation must be paid within 14 days of receiving an invoice.

2.6.2 The Accommodation is not allowed to cancel any online reservation unless extenuating circumstances apply. In such cases, the Accommodation must contact XL Escapes for assistance and provide a detailed explanation of the reason for the cancellation. If XL Escapes does not deem the reason to be extenuating, the terms outlined in section 2.6.1 will apply, including finding alternative accommodations and covering any associated costs.

2.6.3 Cancellations made by Guests before the time limit specified for free cancellation will not incur a commission fee. Cancellations made after the time limit will incur the full commission, which will be automatically deducted via Stripe Connect.

3. License

3.1 The Accommodation hereby grants XL Escapes a non-exclusive, royalty-free and worldwide right and license (or sublicense as applicable):

(a) to use, reproduce, have reproduced, distribute, sublicense, communicate and make available in any method and display those agreed-upon elements of the Intellectual Property Rights of the Accommodation as provided to XL Escapes by the Accommodation pursuant to this Agreement and which are necessary for XL Escapes to exercise its rights and perform its obligations under this Agreement;

(b) to use, reproduce, have reproduced, process, distribute, sublicense, display, and utilize (including without limitation to publicly perform, modify, adapt, communicate, reproduce, copy, and make available to the public in any manner whatsoever) the Accommodation Information.

3.2 XL Escapes may sublicense, make available, disclose and offer the Accommodation Information (including the relevant Intellectual Property Rights) of the Accommodation and special offers made available by the Accommodation on the Platforms and all such further rights and licenses set out in this Agreement via or in collaboration with (the websites, apps, platform, tools, or other devices of) affiliated companies and/or third parties (the "Third Party Platforms").

3.3 In no event shall XL Escapes be liable to the Accommodation for any acts or omissions on the part of any Third Party Platforms. The sole remedy for the Accommodation with respect to such Third Party Platforms is (i) to request XL Escapes (which has the right and not the obligation) to disable and disconnect with such Third Party Platform, or (ii) termination of this Agreement, all in accordance with the terms of this Agreement.

4. RANKING, GUEST REVIEWS, MARKETING AND FACILITATED PAYMENT (AGENCY) MODEL

4.1 Ranking

4.1.1 The order in which the Accommodation is listed on the Platforms (the "Ranking") is determined automatically and unilaterally by XL Escapes. Ranking is based on and influenced by various factors, including but not limited to the minimum availability stated by the Accommodation, the number of bookings relative to the number of visits to the relevant accommodation property page on the Platform (the "Conversion"), the volume realized by the Accommodation, the ratio of cancellations, the guest review scores, the customer service history, the number and type of complaints from Guests, and the on-time payment record of the Accommodation.

4.1.2 The Accommodation can improve its ranking by enhancing availability, maintaining low cancellation rates, and consistently providing high-quality service. The Accommodation shall not make any claim against XL Escapes regarding the Ranking of Accommodation; the Ranking system is automated. Failure to make timely payments or to comply with other platform policies may also affect ranking.

4.2 Guest reviews

4.2.1 Guests who have stayed at the Accommodation will be asked by XL Escapes to comment on their stay at the Accommodation and to provide a score for certain aspects of their stay.

4.2.2 XL Escapes reserves the right to post these comments and scores on the Platforms. The Accommodation acknowledges that XL Escapes is a distributor (without any obligation to verify) and not a publisher of these comments.

4.2.3 XL Escapes undertakes to use its best efforts to monitor and review Guest reviews with respect to obscenities or the mention of an individual’s name. XL Escapes reserves the right to refuse, edit, or remove unfavorable reviews in the event that such reviews include obscenities or mention an individual’s name.

4.2.4 XL Escapes will not enter into any discussion, negotiation, or correspondence with the Accommodation regarding (the content of, or consequences of the publication or distribution of) the Guest reviews.

4.2.5 XL Escapes shall not have and disclaims any liability and responsibility for the content and consequences of (the publication or distribution of) any comments or reviews howsoever or whatsoever.

4.2.6 The guest reviews are for exclusive use by XL Escapes and can be made available on such Platforms as from time to time made available by XL Escapes. XL Escapes exclusively retains ownership of all rights, title, and interest in and to (all intellectual property rights of) the guest reviews, and the Accommodation is not entitled to (directly or indirectly) publish, market, promote, copy, scrape, (hyper-/deep)link to, integrate, obtain, utilize, combine, share, or otherwise use the guest reviews without priorwritten approval of XL Escapes.

4.3 (Online) marketing and PPC advertising

4.3.1 XL Escapes is entitled to promote the Accommodation using the Accommodation’s name(s) in online marketing, including email marketing and/or pay-per-click (PPC) advertising. XL Escapes runs online marketing campaigns at its own costs and discretion.

4.3.2 The Accommodation is aware of the working methods of search engines, such as spidering of content and ranking of URLs. XL Escapes agrees that if the Accommodation becomes aware of behavior by Third Party Platforms that breaches the Accommodation’s Intellectual Property Rights, then the Accommodation will notify XL Escapes in writing with details of the conduct, and XL Escapes will use its commercially reasonable endeavors to ensure that the relevant third party takes steps to remedy the breach.

4.3.3 The Accommodation agrees not to use, display, benefit from, include, utilize, refer to, or specifically target the XL Escapes brand/logo (including trade name, trademark, service mark, or other similar indicia of identity or source) whether directly through keyword purchases that use XL Escapes's Intellectual Property Rights, for price comparison purposes or any other purposes (whether on the Accommodation platform or any third-party platform, system, or engine or otherwise), unless approved in writing by XL Escapes. The Accommodation will not (directly or indirectly) use or create any (pay-per-click) advertisement on (meta)search sites which advertisement (re)directs and links to the relevant Accommodation landing page on the Platforms where the Accommodation is advertised, promoted, and/or included (no double serving).

4.4 Facilitated Payment

4.4.1 The Accommodation agrees and acknowledges that XL Escapes may (at all times as agent) – from time to time and in certain jurisdictions and for certain properties – facilitate certain payment methods for (pre-/down) payment of the Room Price by Guests to the Accommodation pursuant to which (as available) bank transfer, credit card payments via Stripe, or other forms of online payment can be made and processed for and on behalf of the Accommodation (by means of full and final settlement of payment) (the "Facilitated Payment"). XL Escapes may from time to time engage a third party to facilitate and process the payment (the "Payment Processor").

4.4.2 The Accommodation agrees and acknowledges that for each reservation, the relevant total amount of the reservation (including all applicable Taxes, fees, extras, and add-ons made or included during the reservation process (e.g., breakfast) to the extent disclosed to XL Escapes by the Accommodation (unless indicated otherwise by XL Escapes)) will be collected and processed by the Payment Processor (the relevant amount hereafter the "Room Price") in accordance with the applicable payment policy of the Accommodation for the relevant reservation and disclosed on the Platform.

4.4.3 The Accommodation agrees and acknowledges that XL Escapes may from time to time use and utilize the Facilitated Payment (including other (online) payment methods such as virtual credit cards) for (i) (pre-/down) payment of the Room Price by the Guest to the Accommodation through the Payment Processor in final settlement of such payment, and (ii) settlement and payment of (a) the due and outstanding Commission by offsetting the due and outstanding Commissions for reservations that have been paid in accordance with Clause 4.4, and (b) such other amounts due by the Accommodation to XL Escapes with the total amount of all the Room Prices processed at any time through the Payment Processor. Insofar there are insufficient funds to settle and pay all amounts due to XL Escapes, XL Escapes shall be entitled to collect the relevant deficit by means of Direct Debit (if available), offset with the Deposit (if applicable), or the Accommodation shall, upon first request of XL Escapes, pay the relevant deficit to such bank account as from time to time identified by XL Escapes. XL Escapes is entitled to use Facilitated Payment for all reservations received on behalf of the Accommodation

4.5 Financial Obligations for Cancellations or No-Shows

4.5.1 In the event of a booking cancellation by the Guest (in accordance with the applicable cancellation policy indicated on the Platform), XL Escapes may deduct the applicable cancellation fees from the Guest’s payment or retain (a portion of) the Room Price per the Cancellation Policy. Any amounts retained or deducted by XL Escapes will be made available to the Accommodation via the Facilitated Payment if XL Escapes has settled the amounts due to the Accommodation.

4.5.2 The Accommodation acknowledges that XL Escapes holds no liability for the collection of any cancellation fees should a Guest cancel their booking or not show up.

4.5.3 The Accommodation acknowledges its sole responsibility to address and settle any applicable cancellation fees with the relevant Guest(s) directly. XL Escapes holds no responsibility for covering cancellation fees or other financial obligations related to cancellations or no-shows.

5.0 Representations and Warranties

5.1 The Accommodation represents and warrants to XL Escapes that, for the duration of this Agreement:

(i) The Accommodation has all necessary rights, power, and authority to operate, own (as applicable), (sub)license, and allow XL Escapes to feature the relevant accommodations and the related Intellectual Property Rights on the Platforms as part of the Accommodation Information.

(ii) The Accommodation holds and complies with all required permits, licenses, insurance policies, and other governmental authorizations needed to conduct its business and make its accommodations available on the Platforms for reservations (including short-term stays) and, where applicable, for hosting exempt dogs.

(iii) The Accommodation represents that the prices advertised on the Platforms reflect the best available rates for an equivalent stay at the Accommodation. A Guest cannot secure a lower rate for an equivalent stay by booking directly or through any other third-party channel.

(iv) The Accommodation (including the operator, owner of the property, and their directors, as well as any direct, indirect, or ultimate beneficial owners and their directors) is not affiliated with or controlled by entities associated with terrorism, financial sanctions, money laundering, bribery, fraud, or corruption.

The Accommodation will promptly inform XL Escapes of any breach of Clause 5.1 paragraph (iv).

6.0 Indemnification and Liability

6.1 Each Party (the "Indemnifying Party") shall be liable to and will compensate, indemnify, and hold the other Party (the "Indemnified Party"), including its directors, officers, employees, agents, affiliated companies, and subcontractors, harmless for any direct damages, losses, liabilities, costs, claims, penalties, legal proceedings, and expenses (including reasonable attorneys' fees) actually incurred by the Indemnified Party due to:

(i) a breach of this Agreement by the Indemnifying Party, or

(ii) any third-party claim based on an alleged infringement of the third party's Intellectual Property Rights by the Indemnifying Party.

6.2 The Accommodation agrees to fully indemnify and hold XL Escapes (including its directors, officers, employees, agents, affiliated companies, and subcontractors) harmless for any liabilities, costs, expenses (including reasonable attorneys’ fees), damages, losses, obligations, claims, penalties, and legal proceedings incurred by XL Escapes in relation to:

(i) claims made by Guests regarding inaccurate or misleading information about the Accommodation on the Platforms;

(ii) claims made by Guests relating to a stay, including but not limited to overbookings, cancellations, or erroneous reservations, as well as refund or charge-back requests related to the Room Price;

(iii) any claims related to price discrepancies, where a Guest seeks a price match or a refund for securing a lower rate elsewhere;

(iv) any claims from Guests that are attributable to the Accommodation (including its staff, agents, or representatives) arising from tort, fraud, negligence, or contractual breaches, including issues with accommodations or guest property;

(v) any claims against XL Escapes arising from the Accommodation’s failure to register with relevant tax authorities or remit applicable taxes, fees, or surcharges; and

(vi) any claims or liabilities due to the Accommodation’s failure to obtain or maintain required insurance for hosting exempt dogs.

6.3 Except as expressly provided in this Agreement, the maximum liability of one Party to the other in a given year will not exceed EUR 100,000 or the total aggregate payment value for bookings completed through the Platform in the preceding year (whichever is higher). This limitation does not apply in cases of fraud, gross negligence, willful misconduct, or deliberate deception by the liable Party, where limitations of liability do not apply.

6.4 In the event of a third-party claim, Parties agree to act in good faith, consulting and cooperating to manage the defense and/or settlement of such claims. The Indemnifying Party may assume the defense (in consultation with the Indemnified Party), but neither Party will settle or admit liability without prior written consent from the other Party.

6.5 Neither Party shall be liable for indirect, special, punitive, incidental, or consequential damages or losses, such as loss of profit, revenue, contracts, or goodwill, regardless of the legal basis for the claim. Such damages are expressly waived by both Parties.

6.6 Each Party acknowledges that remedies at law may be inadequate for protecting the other Party against breaches of this Agreement. Therefore, each Party is entitled to seek injunctive relief and specific performance in addition to other available remedies.

7. BOOKS AND RECORDS

7.1 The systems, books, and records of XL Escapes (including the online reservation system, confirmation emails, and any communication regarding reservations) shall serve as conclusive evidence of the existence and receipt of reservations made by guests and any damages or costs owed to XL Escapes under this Agreement, unless the Accommodation can present reasonable and credible counter-evidence.

7.2 The Accommodation shall, upon request from XL Escapes, fully cooperate and assist with (and provide all reasonably requested information regarding) the identification of the (ultimate) owner, manager, and/or controller of the Accommodation.

8. CONFIDENTIALITY

8.1 Both parties understand and agree that, in the performance of this Agreement, each may have access to or be exposed to confidential information from the other party (the "Confidential Information"). Confidential Information includes customer data, transaction volumes, marketing strategies, business plans, financial information, and any other non-public information that either party designates as confidential or that the receiving party should reasonably understand to be confidential.

8.2 Each party agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party, and the receiving party shall not use any Confidential Information for purposes outside the scope of this Agreement; (b) it will maintain confidentiality and ensure that its employees, officers, representatives, contractors, and agents (the "Permitted Persons") do the same; (c) it will disclose Confidential Information only to those Permitted Persons who need to know such information to fulfillthis Agreement; (d) it will not, and will ensure that the Permitted Persons do not, copy, publish, disclose, or use (other than as permitted herein) the Confidential Information; and (e) it will return or destroy all copies of Confidential Information upon written request from the other party.

8.3 Confidential Information does not include information that: (i) becomes publicly available through no fault of the receiving party, (ii) was known to the receiving party prior to the date of this Agreement, (iii) is disclosed to the receiving party by a third party without confidentiality obligations, or (iv) must be disclosed by law or governmental authority. Furthermore, nothing in this Agreement shall prevent or restrict either party from disclosing this Agreement (excluding customer data) to its affiliatedcompanies under confidentiality.

8.4 Both parties shall use commercially reasonable efforts to protect the confidentiality and privacy of customer data and comply with applicable data protection laws and regulations.

9. MISCELLANEOUS

9.1 Neither party shall assign, transfer, or encumber any rights or obligations under this Agreement without prior written consent from the other party. However, XL Escapes may assign, transfer, or encumber any of its rights and obligations without consent to an affiliated company. Any assignment by the Accommodation does not relieve the original party of its obligations under this Agreement.

9.2 All notices and communications must be in English and sent in writing by email or a recognized delivery service to the addresses specified in this Agreement.

9.3 This Agreement (including any appendices or schedules) constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements or understandings.

9.4 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in effect. The parties will replace the invalid provision with a valid one that achieves the original intent as closely as possible.

9.5 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which XL Escapes is established. Disputes arising under this Agreement shall be submitted to the competent court in that jurisdiction.

9.6 Notwithstanding the above, XL Escapes reserves the right to initiate any action or seek interim relief in any court where the Accommodation operates, and the Accommodation waives any claim to jurisdiction or applicable law outside this context.

9.7 The original English version of these terms may be translated into other languages for convenience. In the event of a dispute or inconsistency between the English version and any translation, the English version shall prevail and be binding.

9.8 The Accommodation shall comply with all applicable laws regarding anti-bribery and corruption, and it shall not offer or receive any gifts or benefits that could be construed as bribery.

9.9 This Agreement may be executed online or through separate counterparts, each of which shall be deemed an original. The Agreement takes effect upon written confirmation of acceptance by XL Escapes. No seal is necessary for its validity.

9.10 Due to anti-money laundering and other compliance regulations, XL Escapes cannot process payments to or from bank accounts not located in the jurisdiction where the Accommodation operates. The Accommodation warrants that it complies with all relevant laws regarding its bank accounts and agrees to indemnify XL Escapes for any claims related to non-compliance.