Booking.com APAC

BOOKING.COM AFFILIATE PROGRAM – SPECIAL TERMS AND CONDITIONS 

What benefits does Booking.com offer?

1. Commissions:

“Materialized Transaction” means a Reservation that has resulted in the actual provision of accommodation or flight. It excludes fraudulent reservations, which are any reservation: (a) made for the purpose of deriving benefit other than the standard benefit offered by the supplier (typically the use of a hotel room or other travel related service or amenity); (b) made as a result of your breach of these terms; (c) for which an invalid, stolen or otherwise unauthorized credit card or payment information has been used; or (d) for which a card holder fraudulently initiated a chargeback.

“Reservation” means a booking or reservation for accommodation or flights made through a Booking.com website that originates from a user clicking through to a Booking.com website using your tracking link where the booking or reservation is made within a single browser session. Please note, only 'in-session' transactions are commissionable, as we do not use cookie tracking currently.

“Transaction Fee” in relation to: (a) accommodation, means the amount received by Booking.com from the supplier of the accommodation
 

Please note that whilst all offerings of Booking.com are tracked (accommodations, attractions, car rental, flights, rides), commission will ONLY be paid for Materialized Transactions for accommodation and flights. You WILL NOT receive commission for transactions for any other offerings.    

1. Cashback rewards:
   1. If you’re promoting cashback to your users, you must get approval from Booking.com first.
   2. If your request to promote cashback is approved by Booking.com, please add the following terms & conditions to the page where the tracking link is provided or referred to: “Cashback is calculated based on the rates for accommodation and flights only and excluding any associated taxes, service fees, VAT, or other additional expenses. Cashback will be paid out 2 months after the completion of your accommodation stay or flights.”

Please note: If you violate any of these Cashback terms, Booking.com reserves the right to terminate your access to the Booking.com affiliate program and reject all bookings from you or originating from your tracking link (meaning no commission will be paid for such bookings).

1. Creative and company information

For all eligible categories of Booking.com offerings, we provide a wide range of creative for you to choose from and a dedicated account management team. You agree that any use of the Booking.com creative provided to you, including any Booking.com trade marks, will be in accordance with any Booking.com brand guidelines made available to you.  

If you need more up to date information about Booking.com, you can update our company information using the links below:

http://www.booking.com/content/about.en-us.html 
 

Upon termination or suspension of your right to participate in the Booking.com Affiliate Program, you will immediately cease all use of the Booking.com creative, content or other materials and your tracking link and remove any existing use of the same from your website, webpage or application page. 

What participation requirements does Booking.com have?

1. Eligibility requirements

Individual publishers with only social media accounts and no other websites are not allowed to participate in the Affiliate Program.

1. Unsuitable websites
   1. Your website must not:
      • promote or contain sexually explicit or obscene materials; 
      • promote violence or contain violent materials, or promote, endorse or incite potentially dangerous or harmful acts;
      • promote or contain false, deceptive, libelous or defamatory materials;
      • promote or contain materials or activity that is hateful, harassing, harmful, invasive of another’s privacy, abusive, or discriminatory (including on the basis of race, color, sex, religion, nationality, disability, sexual orientation, or age);
      • promote or undertake illegal activities;
      • be directed toward children or knowingly collect, use, or disclose personal information from children under 13 years of age or other applicable age threshold (as defined by applicable laws, regulations and/or guidelines);
      • contain any trademark of Booking.com or its related entities, or a variant or misspelling of a trademark of Booking.com or its related entities in the domain name, subdomain name, any “tag” or Publisher ID, or in any username, group name, or other identifier on any social networking site; or 
      • contain any pirated content or otherwise violate any third party intellectual property rights.
2.  
3. Prohibited Conduct
   1. You must not:
      • register or use a website URL (domain name), “tag” or Publisher ID, or any username, group name, or other identifier on any social networking site containing any Booking.com brand, any trademark of Booking.com or its related entities or any variant or misspelling of a trademark of Booking.com or its related entities. For example: words like booking, bookings, priceline, agoda or any misspellings, variants should not be a part of any domain name, subdomain name, “tag”, Publisher ID, username, group name or other identifier registered or used by you;
      • use any HTML element that allows you to embed another HTML document into a page including using Inline Frames (“iframes”) or use any similar functionality in connection with your tracking link;
      • use toolbars, browser applications or extensions that can be knowingly or unknowingly installed on a user’s computers or other devices;
      • high-jack any Booking.com advertisements or create, register or purchase advertisements that directly link to a Booking.com website; 
      • engage in any conduct with the intention or purpose of misleading, deceiving, tricking or fooling human editors, computer search engine spiders, web-crawlers or met) search engines (including any similar tools or engines) of third party platforms in order to give your website, webpage or application page a higher ranking or display than it would otherwise be ranked or displayed if you had not engaged in such conduct;
      • include on your website, webpage or application page, display, or otherwise use your tracking link or any Booking.com creative, content or other materials in connection with, any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device;
      • engage in any underhand promotional or marketing techniques, forms of trickery, or any other conduct which may be perceived by Booking.com to be jeopardizing Booking.com’s own position, brand or goodwill in/on third party platform or elsewhere.com shall be entitled to postpone its obligations or immediately terminate its agreement;
      • use, process or analyse, or permit a third party to use, process or analyse, your tracking link or any Booking.com creative, content or other materials for or in connection with the creation of or training, development, maintenance or improvement of, any AI System as a whole or any portion of it or any other product or service. Furthermore, you will not use any AI System or any technology, system or tool enabled by, based on or integrated with an AI System in connection with your participation in Booking.com’s Affiliate Program without Booking.com’s prior written approval. “AI System” means any machine-based system or model (including machine learning, large language models and any other artificial intelligence software and technology) capable of operating with varying levels of autonomy and that may exhibit adaptiveness after deployment and that, for explicit or implicit objectives, infers, from the prompts, elicitations or inputs it receives, how to generate outputs such as predictions, content, recommendations or decisions that can influence physical or virtual environments;
      • use or apply to register any trademark that is the same as or confusingly similar to any Booking.com mark in any jurisdiction.
      • sub-license or otherwise transfer your right to use your tracking link or any Booking.com creative, content or other materials.
4. Identifying yourself as an affiliate
   1. You must clearly and prominently state the following on your website, webpage or application page where your tracking link is displayed: 'As a Booking.com Affiliate, I earn from qualifying transactions.' You will not misrepresent or embellish your relationship with Booking.com (including by expressing or implying that Booking.com supports, sponsors, or endorses you)

Booking.com reserves the right to suspend you, and restrict your access to the Booking.com Affiliate Program, if you are found to be in violation of these terms. Your entitlement to receive payment of commission will not accrue during any period of suspension.

What is your Booking.com tracking link?

Your Default Tracking Link for accommodations is: http://www.awin1.com/awclick.php?mid=6776&id=!!!id!!!

Your Default Tracking Link for flights is: https://www.awin1.com/cread.php?awinmid=6776&awinaffid=!!!id!!!&campaign=flights&ued=https%3A%2F%2Fwww.booking.com%2Fflights%2Findex.html 

*Remember to replace !!!id!!! with your unique affiliate ID*

What are Booking.com’s reporting and payment terms?

1. Reporting
   1. Booking.com will use commercially reasonable efforts to accurately and comprehensively track Materialized Transactions for the purposes of Booking.com’s internal tracking and reporting to the Partner (who will be responsible for providing you with a report on the commission income earned by you during that month).
   2.  
2. Payment
   1. Booking.com will pay your commission income to the Partner approximately 60 days following the end of the calendar month in which they were earned. The Partner will process and pay you your commission income in accordance with the existing agreement between you and the Partner.

When can Booking.com terminate and what will happen?

Booking.com may immediately terminate your participation in the Affiliate Program at any time, for any reason (including no reason at all) by providing notice.

We may hold accrued unpaid commission income for a reasonable period of time following termination to ensure that the correct amount is paid (for example, to account for any cancellations of reservations).

Disclaimers and Liability

1. Disclaimers
   1. You acknowledge and agree that other than as expressly set out herein Booking.com does not make any promises about the Affiliate Program. for example, Booking.com does not make any commitments about the Booking.com creative, the specific function of the Affiliate Program, or its profitability, reliability, availability, or ability to meet partner’s needs. Booking.com provides the Affiliate Program, its offerings, Booking.com creative, a Booking.com website and Booking.com trademarks “as is”.
   2. You acknowledge and agree that other than as expressly set out herein or where a particular guarantee or warranty cannot be excluded under applicable law, Booking.com makes no guarantees, warranties, or representations of any kind concerning the Affiliate Program and/or any associate licenses which Booking.com provides to you in relation to the Affiliate Program.
2. Liability
   1. You acknowledge and agree that, subject to clause 11.3, to the maximum extent permitted by law that Booking.com will not be liable to you for any losses under or in connection with the Affiliate Program, even if we have been advised of the possibility of such damages and in any event our aggregate liability arising with respect to the Affiliate Program will not exceed the total commission paid to you in the six months immediately preceding the date on which the event giving rise to the first claim occurred. The foregoing limitation will apply regardless of the cause of action under which such damages are sought.
   2. Booking.com will not be liable for any inaccuracies except when it was caused or contributed to by a negligent or fraudulent act of Booking.com.
   3. Nothing in these Special Terms and conditions shall exclude or limit our or your liability for:
      1. death or personal injury; 
      2. fraud or fraudulent misrepresentation; or 
      3. any liability which cannot be excluded or limited under applicable law.
3. Indemnity
   1. You agree to indemnify, defend, and hold harmless Booking.com, against any and all means any claims, actions, demands, liabilities, losses, damages, fines, judgements, settlements, costs and expenses (including reasonably attorneys’ or other professionals’ fees), penalty expenses or equivalent arising out of in or connection with the following:
      1. any claim that our use of the Booking.com trademarks or any other materials you provide to us violates, infringes, misappropriates or otherwise wrongfully exploits any intellectual property right or other proprietary right of any third party; 
      2. any breach of these Special Terms and Conditions; or
      3. your violation of any law. 

These Special Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. You and we irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.