By accessing or using the Bókun API, you agree to this Bókun API License and Terms of Use (the “Bókun API Terms”) with Tripadvisor LLC dba Bókun (“we”, “our”, “us” or “Bókun”). Bókun reserves the right to update and change the Bókun API Terms by posting updates and changes here: https://bokun.io/legal/api-terms. 

1. Definitions

“Application” or “App” means the software application, website, interface or any other means you use to access the Bókun API.

“API Credentials” means the credentials that allow you to make authenticated requests to the Bókun API. 

“Bókun API(s)” means the application programming interface, in whatever form or medium, and as may be updated from time to time, that are made available by Bókun at https://bokun.dev or that are otherwise provided to you. 

“Bókun App Store” is where Vendors can view and install Apps, and is available through https://appstore.bokun.io. 

“Bókun App Store Partner Account” means an account held by a member of the Bókun Partner Program.

“Bókun App Store Partner Agreement” means the terms and conditions governing a Bókun Partner’s participation in the Bókun App Store Partner Program. 

“Bókun Partner” means an individual or entity that has agreed to the terms of the Bókun App Store Partner Program Agreement in order to participate in the Bókun Partner Program.

“Bókun Partner Program” means the program through which Bókun makes certain resources, products, services and connections available to Bókun Partners.

“Bókun Service” means Bókun’s online booking services, marketplace, channel management,  and any associated websites, products, services and Applications offered by Bókun.

“Bókun Services Agreement” means Bókun’s standard Services Agreement as accessed through https://www.bokun.io/terms or such other link that Bókun may use from time to time.

“Customer” means any individual that visits or transacts via a Vendor Site.

“Customer Data” means information (including Personal Information) relating to a Customer, including order information, payment information, or account information.

“User Account” has the meaning set out in the Bókun Services Agreement.

“Vendor” or “User” means an individual or business that uses the Bókun Service to promote and/or sell travel and touristic services.

“Vendor/Partner Agreement” means the agreement entered into between a Bókun Partner and a Vendor governing the Vendor’s use of the Partner’s services, including, if applicable, the installation and use of an Application.

“Vendor Data” means information (including Personal Information) relating to a Vendor or Vendor Store, including business, financial and product information and any Customer Data.

“Vendor Site” means a Vendor’s website or other medium or channel on which a Customer may transact with such Vendor through use of the Bókun Service.

“Updates” means bug fixes, updates, upgrades, enhancements, modifications and new releases or versions of the Bókun API.

2. Using the Bókun API

2.1 Access to the Bókun API

2.1.1 You may not use the Bókun API and may not accept the Bókun API Terms if (a) you are not of legal age to form a binding contract with Bókun, and/or (b) you are not permitted to use the Bókun API under applicable law.

2.1.2 If you are accessing or using the Bókun API on behalf of a corporate entity, you represent and warrant that you have the authority to bind that entity to the Bókun API Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Bókun API Terms refer to that entity).

2.1.3 Except as permitted herein, (A) you must keep the API Credentials and all login information for your User Account and/or Partner App Store Partner Account secure, (B) you may not share the API Credentials with any third party, and (C) you will not access the Bókun API by any means other than the API Credentials. API Credentials are the exclusive property of Bókun, and your access to and use of API Credentials is in Bókun’s sole discretion.

2.1.4 You are not permitted to use a service provider in connection with providing your Application’s service unless they sign an agreement with you to (A) protect any Vendor Data received from Bókun (that is at least as protective as Bókun’s terms and policies), (B) limit their use of Vendor Data solely for the purpose of (a) providing their services to your Application and/or (b) facilitating your use of the Bókun Service (and not for the service provider’s own purpose or any other purpose), and (C) keep the Vendor Data secure and confidential. You must ensure that any service provider complies with these Bókun API Terms and any other applicable Bókun terms and policies, and you acknowledge and agree that any act or omission by a service provider amounting to a breach of these Bókun API Terms will be deemed to be a breach by you. If requested, you will provide a list of your service providers to Bókun or (in the case of your providing an App to a Vendor) the applicable Vendor.

2.2 API License

Subject to the Bókun API Terms, Bókun grants you a worldwide, non-exclusive, royalty-free, non-transferable, non-sublicensable, revocable and limited license to use and make calls to the Bókun API solely in connection with (a) using the Bókun Service, and/or (b) developing, implementing and distributing your Application that interoperates or integrates with the Bókun Service, and in each case solely in the manner described in the Bókun API Terms and in the technical documentation contained in the Bókun API.

2.3 API Restrictions

You will (and will ensure that your employees, agents and service providers will):

2.3.1 only use the Bókun API to develop and distribute Applications or content fora Vendor’s use with the Bókun Service or, if you are a Vendor, for your own use of the Bókun Service;

2.3.2 restrict disclosure of the API Credentials, or any part thereof, to your agents, employees, or service providers, who either (A) need access to facilitate your use of the Bókun Service, or (B) need access to use, maintain, implement, correct or update your Application, in each case (a) solely in accordance with the Bókun API Terms, and (b) who are subject to confidentiality obligations the same as or greater than those contained herein;

2.3.3 not distribute, sell, lease, rent, lend, transfer, assign or sublicense any rights granted by the Bókun API Terms to any third party;

2.3.4 not use or access the Bókun API or the Bókun Service in order to monitor the availability, performance, or functionality of the Bókun API, the Bókun Service or any portion thereof or for any similar benchmarking purposes;

2.3.5 not remove or destroy any copyright notices, proprietary markings or confidentiality notices placed upon, contained within or associated with the Bókun API;

2.3.6 not engage in any activity that interferes with, disrupts, harms, damages, or accesses in an unauthorized manner the servers, security, networks, data, applications or other properties or services of Bókun or any third party;

2.3.7 not circumvent technological measures intended to prevent direct database access, or manufacture tools or products to that effect;

2.3.8 not modify, translate, reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of the Bókun API, Vendor Data, any Vendor Site, the Bókun Services, or any aspect or portion thereof, except to the extent that this restriction is expressly prohibited by applicable law;

2.3.9 not bypass Bókun API restrictions for any reason;

2.3.10 not, except as authorized by Bókun in writing, substantially replicate products or services offered by Bókun, including the Bókun API;

2.3.11 not develop Applications that excessively burden Bókun’s system, or that distribute spyware, adware or other similar programs;

2.3.12 not develop an Application whose primary purpose is to migrate a Vendor away from Bókun;

2.3.13 not access or use the Bókun API to develop or distribute the Application in any way in connection with any criminal, fraudulent, or other unlawful activity;

2.3.14 not request more than the minimum amount of data from a Bókun API needed either (a) to use the Bókun Service or (b) by your Application to provide the Vendor the intended Application functionality;

2.3.15 not promote yourself or your Application by using or bidding for search-based or keyword-based advertising using "Bókun", any other Bókun trademarks or brand features, or any misspellings or alterations thereof;

2.3.16 not falsify or alter any unique identifier in, or assigned to your Application, or otherwise obscure or alter the source of queries coming from an Application; and

2.3.17 not include code in any Application which performs any operations not related to the services provided by the Application, whether or not you have obtained a Vendor’s consent to do so, and whether or not your Application obtains consent from the end user to do so. For the avoidance of doubt, this prohibited activity includes embedding or incorporating code into any Application which utilizes the resources (including CPU resources) of another computer.

2.4 API Limits

Bókun may set and enforce limits on your use of the Bókun API, in our sole discretion. You agree to, and will not attempt to circumvent such limitations. 

2.5 Open Source Software

Some of the software packages, libraries, or components required by or included in the Bókun API are or may become licensed under an open source software license (“Open Source Components”). To the limited extent that the Open Source Component license expressly supersedes the Bókun API Terms, your use, reproduction and distribution of any such Open Source Components is governed by the terms of the applicable open source software license and not this Section 2.5.

3. Changes to the Bókun API

3.1 Updates

Bókun reserves the right to require you to install or update any and all software to continue using the Bókun API and/or the Bókun Service. You acknowledge that Bókun may make Updates to the Bókun API from time to time, and at its sole discretion. You must implement and use the most current version of the Bókun API and, if applicable, to make any changes to your Application that are required as a result of such Update, at your sole cost and expense. Updates may adversely affect the manner in which your Application accesses or communicates with the Bókun API, or the manner in which you may make use of the Bókun Service. Your continued access or use of the Bókun API following an update or modification will constitute binding acceptance of the Update.

3.2 Access and Use

We may change or discontinue the availability of some or all of the Bókun APIs at any time for any reason with or without notice. Such changes may include removal of features, or the requirements of fees for previously free features. We may also impose limits on certain features and services or restrict your access to some or all of the Bókun API. Your continued use of the Bókun API following a subsequent release will be deemed your acceptance of modifications.

4. Proprietary Rights

4.1 The Bókun Service, the Bókun API, and all software, documentation, information, hardware, equipment, devices, templates, tools, documents, processes, methodologies, know-how, websites and any additional intellectual or other property used by or on behalf of Bókun or otherwise related to the Bókun Service, together with all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and related thereto (collectively, “Bókun Property”) will be and remain the sole and exclusive property of Bókun. To the extent, if any, that ownership of any Bókun Property does not automatically vest in Bókun by virtue of the Bókun API Terms, or otherwise, and vests in you, you hereby transfer and assign to Bókun, upon the creation thereof, all rights, title and interest you may have in and to such Bókun Property (and waive any and all moral rights, as applicable), including the right to sue and recover for past, present and future violations thereof.

4.2 By using the Bókun API, you do not acquire ownership of any rights in the Bókun APIs or the content that is accessed through the Bókun APIs

5. Security

5.1 You agree that Bókun may monitor use of the Bókun API to ensure quality, improve Bókun products and services, and verify your compliance with the Bókun API Terms. This monitoring may include Bókun accessing and using your Application, for example to identify security issues that could affect Bókun or Vendors. You are prohibited from interfering with this monitoring.

5.2 Your Application will be installed and run on your server or another server, but will not be run on Bókun’s servers. Your networks, operating system and software of your web servers, routers, databases, and computer systems (collectively, “Your System”) must be properly configured to Internet industry standards so as to securely operate your Application and protect against unauthorized access to, disclosure or use of any information you receive from Bókun, including Vendor Data. You must immediately correct any security deficiency, and disconnect immediately any known or suspected intrusions.

6. Audit

Bókun shall have the right to audit, or to appoint an independent auditor to audit your App, systems and records to confirm your compliance with the Bókun API Terms, including without limitation your compliance with Bókun’s requests and requests from Vendors or Customers, as applicable, to delete Vendor Data obtained through the Bókun API or otherwise through the Bókun Services. If requested, you must provide us with proof that your Application complies with these Bókun API Terms.

7. Disclaimer 

The Bókun API is provided “as-is”. Bókun makes no warranties hereunder, and Bókun expressly disclaims all warranties, express or implied, including warranties of non-infringement, merchantability and fitness for a particular purpose. Without limiting the foregoing, Bókun further disclaims all representations and warranties that the Bókun API satisfies any or all of your or any Vendor’s requirements, or will be uninterrupted, error-free or free from harmful components.

8. Suspension and Termination

Access to the Bókun API may be terminated or suspended by Bókun at any time and at Bókun’s sole discretion. Without limiting the foregoing, Bókun may terminate your right to use the Bókun API if you breach the Bókun API Terms or the Bókun Partner Agreement or Bókun Services Agreement. Termination or suspension of your access to the Bókun API may negatively affect Vendors who use your Application, and you are responsible for ensuring that all Vendors who access or use your Application are aware of this risk.