Terms of Service of the Booksy Application for Customers

I. Definitions

Account – a part of the System together with a set of IT solutions allowing the use of the System for logged in Customers;
Application for Customers / System – Booksy software and service, operated by Booksy and distributed under the name "Booksy", available on the Internet in the domain www.booksy.com, through mobile applications for iOS and Android software and via widgets that can be embedded on the websites or profiles in social media (Facebook, Instagram) of the Partners. The System is intended for Customers and is used by them to book and, where applicable, pay for Services with the Partners;
Application for Business – Booksy software and service, supported by Booksy and distributed under the name "Booksy", available on the Internet at www.booksy.com/biz. The Business Application is intended for Partners and enables contact between the Customer and the Partner to accept agreements for the provision of Services by Partners;
Booking – a commitment from a Customer, for a particular date and time, to spend money with the Partner for requested Services;
Booksy – Booksy Iberia S.L.U., a limited liability company with registered address at C. de Eloy Gonzalo, 27 Chamberí, 28010 Madrid (Spain) and tax identification number B88598636;
Booksy Services – services provided by Booksy to the Customer;
Customer – a physical person who is at least 18 years old, has at least limited legal capacity and has created an Account in the System for purposes not related to his business or professional activity in order to use the Services offered by Partners;
DSA – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act).
License – a non-exclusive, free license granted to customers to use the System;
Mobile Payments – functionality of the System that enables Customers to make payments for the Partner’s Services via the Payment Operator;
Partner – a physical person, a legal person, an organisational unit without legal personality who uses the Application for Business in connection with their business or professional activity and has created an Account in the Application for Business for themselves as an entrepreneur in order to provide Services to Customers;
Payment Operator – entity providing payment services within the framework of Mobile Payments: Stripe Payments Europe, Ltd., a company registered in Ireland at The One Building 1 Grand Canal Street Lower, Dublin 2 Co. Dublin, Ireland or Adyen N.V., a company registered in Amsterdam under number 34259528 and having its seat at Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, the Netherlands.
Profile – a profile created by the Customer in the System;
Terms of Service– these Terms of Service of the Booksy Application for Customers, available at www.booksy.com and as part of the System;
Registration – a multi-stage process involving the creation of an Account in the System or in another way made available by Booksy (e.g. using Facebook or Google); this is done by completing the appropriate registration form in accordance with the description of the form fields provided, and then approving this form. During the registration process, the Customer will be able to log into the System via an Account;
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Regulation on the Protection of data);
Service(s), Partner Service(s)– services offered via the System by the Partners, in particular in the field of cosmetics, hairdressing, wellness and spa, broadly defined preventive medicine and other properly described;
User – Customer or Partner.

II. Preliminary Provisions

The Terms of Service define the terms and conditions for the provision of electronic services by Booksy via the System, in particular the terms and conditions for the use of the System by Customers and for making Bookings.
The Customer may contact Booksy:
1. by e-mail to: help.ie@booksy.com;
2. by traditional mail to the address: C. de Eloy Gonzalo, 27 Chamberí, 28010 Madrid (Spain);
3. by phone at: +34 858 160 049.
Member States’ authorities, the European Commission and the Board for Digital Services may contact Booksy in English at: dsa@booksy.com. The address constitutes a single point of contact within the meaning of the DSA.

III. Types and scope of Booksy services

Booksy grants Customers access to the System enabling contact between the Customer and the Partner to accept contracts for the provision of Services. Customers can make Service Booking via the System.
Booksy only provides the System to enable contact and approve contracts for the provision of Services, is not a party to these contracts, does not bear any liability to Customers for the proper performance of Services, and is not responsible for making payments and refunds for the Partners Services.
Booksy provides services to Customers including the following services:
1. using the Account;
2. providing Partner search engine;
3. making Bookings for Partner's Services provided by the Partners, as well as subsequent change of the date and cancellation of the Booking via the System (subject to point V. paragraph 4 of the Terms of Service);
4. making payments for Services via the System;
5. sending reminders about the date of the Services booked via the System (sms, e-mail, push);
6. enabling Customers to publish reviews about Partners and Services rendered.
Booksy ensures the correct availability of the System, subject to point VIII (1)(a).
Booksy does not charge Customers any fees for using the System.

IV. Agreement on the use of the System

Conclusion of the contract for the use of the System takes place through Registration and is associated with the acceptance of the Terms of Service. The Customer undertakes to comply with the provisions of the Terms of Service.
The contract for the use of the System is accepted for an indefinite period.
The Customer gains access to the functionality and content of the System after Registration and logging into the created Account.
Booksy, in order to enable Customers to make a Service Booking, grants Customers a non-exclusive, non-transferable, granted for the time of using the System, limited to the territory of the Republic of Ireland, taking into account the extraterritorial nature of the Internet, License to use the System. The above License entitles Customers only to temporarily reproduce the System by displaying it in a web browser and to reproduce it permanently by installing the System in the form of an application on a mobile device in order to use it in accordance with its intended purpose and functionality specified in the Terms of Service. Customers are not entitled to any other rights, including intellectual property rights, other than those expressly indicated in the Terms of Service, in particular Customers are not entitled to any use of the System source codes. Customers acknowledge that failure to comply with the above obligation may result in violation of Booksy's copyright to the System and holding the Customer liable in this respect.
The Customer is obliged to provide complete and truthful personal data and other data required during Registration and to check and update it without any requests from Booksy. By providing one e-mail address or one phone number, the Customer may set up one Account. If several Accounts are created using the same email address or phone number, Booksy has the right to block other Accounts.
In the registration form when creating an Account, the data which is necessary to create an Account and use the System are highlighted and marked.
All data and information are provided by the Customer voluntarily, however, providing some data may be necessary for the purpose of booking the Service.
The Customer undertakes that:
1. entering data into the System will be authorised to do so and does not infringe upon the rights of third parties by his actions;
2. all information and data provided by the Customer in the System will be true;
3. refrain from placing data referred to in art. 9 GDPR, i.e. personal data revealing racial or ethnic origin, political views, religious or ideological beliefs, trade union membership and genetic data, biometric data enabling unambiguous identification of a person or data on health, sexuality or sexual orientation - Booksy does not require providing such data from Customers to use the System;
4. will use the System only in a manner consistent with its purpose;
5. will not place in the System, including the Account or the Profile, any content (including information, photos, texts and others): (i) violating the law, contrary to good morals or rules of social coexistence (including pornographic, sexually explicit or unethical content), (ii) related to drugs, legal highs, alcohol or other stimulants, as well as the organization of gambling, (iii) violating the rights of third parties (including personal rights), (iv) violating the provisions of the Terms of Service, or (v) harming the good name or reputation of Booksy (“Prohibited Content”);
6. will not copy, modify, distribute or reproduce all or part of the System, other than in accordance with the License;
7. will not give third parties access to the Account- only the Customer is responsible for the confidentiality and security of his Account, including keeping secret passwords and login;
8. will immediately inform Booksy of any unauthorised use of his Account by third parties;
9. will not create more than one Account;
10. will immediately inform Booksy if third parties assert claims against it in connection with a breach of law by the Customer in connection with the use of the System;
11. will not in any way, other than for the purposes of using the System, process or use the personal data of other Users, which may be made available to them while using the System.
The Customer is responsible for their activities related to the use of the System and for content placed in his Account, Profile and in the System.
The Customer may withdraw from the contract for the use of the System within 14 calendar days of its ending without giving a reason and without incurring costs, or by the time of delivery in the event that Booksy does not provide the Customer with the System immediately after concluding the agreement with the Customer, by sending a statement of withdrawal to the e-mail address: help.ie@booksy.com or to the address Booksy indicated in point II of the Terms of Service. A specimen statement of withdrawal from the contract is attached as Annex 1 to the Terms of Service.
The Customer and Booksy may terminate the contract for the use of the System without giving any reason, subject to a 30-day notice period. Termination shall be effected by either (i) sending a termination statement by the Customer to Booksy, at the e-mail address: help.ie@booksy.com or (ii) Booksy sending the termination statement to the Customer, to the e-mail address assigned to the Account of the respective Customer in the System.
If Customers violate any of the obligations referred to in Section IV, paragraph 8 above, Booksy shall be entitled to: (i) temporarily block the Customer's Account; (ii) permanently delete the Customer's Account; (iii) remove Prohibited Content; and/or (iv) terminate the contract for the use of the System immediately, at Booksy's sole discretion.
In the case referred to in Section IV, paragraph 12 above, Booksy shall be entitled to terminate the contract for the use of the System with the Customer immediately. The termination shall be effected by Booksy sending a notice of termination to the Customer at the e-mail address assigned to the Customer's Account in the System.

V. Booking of the Partner Service. Criteria for the appearance of search results

The Customer may book the Service via the System. The Booking takes place upon confirmation by the Partner. The customer receives a confirmation of the Booking - via the System or sms / e-mail. Until the Partner confirms the Booking, the Booking has the status of unconfirmed and the Service does not have to be carried out by the Partner.
The conditions on which the Booking is made may be specified by the Partner in the information (regulations, price lists, etc.) made available to the Customer in the System before making the Booking. The content of this information and generally applicable provisions, in particular provisions on consumer rights, determine whether, what type and content the contract is accepted between the Partner and the Customer.
Making a Booking may be dependent on the payment of the deposit or agreeing for the cancellation fee payable to the Partner - information about the possible obligation and consequences of paying the deposit or agreeing to cancellation fee will then be made available to the Customer in the System before making the Booking. The cancellation fee is collected by the Partner at the moment of commencing the provision of the Service by the Partner, if the Customer has missed the appointment, or after the cancellation of the appointment by the Customer after the deadline set by the Partner in which it is possible to cancel the Booking without incurring costs. The deposit is collected by the Partner - at the time of making the Booking.
Failure to make a deposit if required by the Partner, in accordance with the terms of the Reservation referred to in paragraph 2-3, means no Booking.
The Customer may at any time cancel the Booking, even after prior confirmation by the Partner, unless he had used the Service prior to the cancellation. The effects of canceling a Booking - in particular in reference to the Partner collecting a deposit or imposing the cancellation fee - may specify the terms of the Booking referred to in paragraphs 2-3. This does not exclude or limit the rights of the Customer as a consumer, resulting from generally applicable provisions, in particular the right to withdraw from a distance contract, while Booksy is not responsible for the implementation of these rights by the Partner, in particular in the event of effective withdrawal by the Customer from the contract accepted with the Partner - it is the Partner who is liable to the Customer for the refund of amounts paid by the Customer.
The Customer is obliged to make payments for the Service directly to the Partner on the conditions indicated by the Partner for a given Service. Booksy offers the option of making payments via the System. In this case, the payment for the Service will be collected from the Customer by the payment intermediary, i.e. an external institution that supports online payments to carry out the instruction of the payment submitted by the Customer, ensuring a secure payment channel through online banking.
The main parameters determining the positioning of Partner Profiles displayed to the Customer, including in the Customer's search results, are as follows:
1. region - initially, the Customer is presented with Partner Profiles that meet the location criteria specified by the Customer or the location provided by the Customer through GPS;
2. distance - initially, the Customer is presented with Partner Profiles located closest to the Customer;
3. availability - initially, the Customer is presented with Partner Profiles that have an available time slot for the service of interest to the Customer;
4. business category - a Partner can specify whether a particular service belongs to their primary or additional business category. If the Customer searches for a specific service, the Partner Profiles that have defined the searched service as their primary business category are presented to the customer first;
5. service type - a Partner can specify the type of a particular service. If the Customer searches for a specific service by selecting its type, the Partner Profiles that have designated the same service type are presented to the Customer first;
6. ratings - initially, the Customer is presented with Partner Profiles that have the highest ratings based on reviews from other Customers;
7. gender - initially, the Customer is presented with Partner Profiles tailored to the gender specified by the Customer;
8. promotions - initially, the Customer is presented with Partner Profiles that offer the highest promotions at the time of the search;
9. profile views to completed visits ratio - Booksy analyzes the proportion of the number of profile views to the number of completed visits to a particular Partner. Initially, the Customer is presented with Partner Profiles that have the highest value in this aspect;
10. completed visits booked by the Customer - initially, the Customer is presented with Partner Profiles that have the highest number of completed visits that were self-booked by the Customer through the Application.
The most relevant parameters for the Customer's search results are the following: region (letter a), business category (letter d) and ratings (letter f). The purchase by a Partner of an optional, additional service from Booksy aimed at promoting the Partner’s Profile may also impact the search results displayed to the Customer. Partner Profiles that have availed of this additional service will be displayed higher in the Customer's search results than other Partner Profiles with equivalent or similar parameters without purchasing this additional service.
The Customer can change the main parameters referred to in paragraph 8 above by sorting or filtering the received results, as well as by changing the searched region and availability. In the case of a Customer searching for services or Partners, the Customer is presented with Partner Profiles that match all the search criteria specified by the Customer. The Customer can use filters ("Special Offers", "Mobile Services", "Online Services") and location to narrow down the search results. The Customer can also sort Partner Profiles based on the following criteria: "Sponsored first", "Distance" (nearest first), or "Reviews" (top-rated first).

VI. Gift Cards

Partners may provide Customers with the possibility of using electronic vouchers, entitling their Customers or persons indicated by them to use the Partner's Service on terms specified in advance by them, with electronically assigned information on the value of the voucher ("Gift Card"). In particular, the Gift Card may be in the form of an e-mail or PDF (or other) document.
The Gift Card is offered by Partners in the System through dedicated functionality. Before issuing a Gift Card, it must be paid for by the Customer. The Customer prepares the Gift Card by an external electronic payment provider. Booksy does not process any information, including personal data, regarding payments made in connection with the payment of the Gift Card.
Partners are solely responsible for the sale, transfer and implementation of the Gift Card and for the proper performance of the Service covered by the Gift Card.
The payment of Payment Operator's commission for making a payment to purchase a Gift Card cannot be charged to the Customer.
The rules on which the Gift Card is made available and implemented are specified by the Partner in the content of the offer or regulations made available by them in the System. In particular, the Partner may specify:
1. what Service, scope or type of Partner Services the Gift Card applies to;
2. value of the Gift Card expressed in currency;
3. discount (e.g. Gift Card costs £100/€100, but authorises to use the Service worth £120/€120);
4. the validity period of the Gift Card, i.e. the period for which the Gift Card can be used;
5. whether the Gift Card is personal or bearer's;
6. if the Service is used for a price lower than the value of the Gift Card, the remaining amount is forfeited or remains to be used;
7. Is it possible to use a Partner Service with a price higher than the value of the Gift Card or the amount remaining to be used by paying an additional payment;
8. rules and dates for returning a Gift Card;
9. if the Gift Card may be blocked if it is lost;
10. additional elements, e.g. priority in booking dates or the possibility or not being able to take advantage of certain promotions.
The rules set by the Partner on which the Gift Card is made available and implemented shall not exclude or limit:
1. universally binding provisions, including provisions protecting consumers;
2. chargeback refund rules set out in relevant regulations of banks or payment card / credit card operators / providers.
The Gift Card cannot be exchanged for cash without the consent of the Partner.

VII. Publishing reviews in the System

The Customer has the option of posting reviews about Partners and the Services they provide in the System, providing them with a signature (nickname) or customer data. By posting reviews in the System, the Customer agrees to the publication of reviews and their data.
Reviews about Partners may relate only to their professional activities and Services rendered.
The Customer is solely responsible for published content.
The Customer undertakes that:
1. They will have all rights to the content constituting the reviews published by them, including copyrights, or that he will have the necessary rights;
2. they consent to their publication - thereby authorising third parties, including in particular Booksy, to use them to the extent described in the Terms of Service;
3. will not publish false or intentionally misleading reviews ;
4. that it will not include advertising, marketing or content containing so-called product placement;
5. their reviews will not violate the law, personal rights or the principles of social coexistence, in particular that: they will not contain vulgar and offensive expressions, refer to private and family life and call for the use of violence or hatred, including racial, religious or ethnic, homophobic, or contain defamatory content.
Booksy has the right to refuse to publish a review, and to remove a published review if it is contrary to the Terms of Service or legal provisions.
Booksy is not responsible for the content of reviews published by customers.
Upon posting the content in the System, the Customer grants Booksy a non-exclusive, free license to use the content posted in the System in accordance with the Terms of Service, including the use of the image, in the following fields of exploitation known at the time of granting the license:
1. in the field of recording and reproduction of a work - production of copies of the work using a specific technique, including digital technique, magnetic recording, and printing and reprographic technique;
2. in the scope of trading the original or copies on which the work has been recorded - placing on the market the original or copies of the work;
3. in the scope of distributing the work in a manner other than specified in point b. - public performance, exhibition, display, playback, broadcasting and rebroadcasting, as well as making the work available to the public in such a way that everyone can have access to it at the place and time chosen by them, including sharing the work on the Internet.
The scope of the license indicated in paragraph 7 above includes Booksy's right to use content within the System - to ensure the functioning, promotion and advertising of the System and content posted on the System by third parties and to inform about the operation of the System - also after the Customer resigns from using the System and after deleting the Customer Account.
If the content published by the Customer contains the image of the Customer or a third party, upon posting such content in the System, the Customer grants Booksy free consent to use the above mentioned image, in particular for the promotional and marketing purposes of Booksy and the Partner, on the principles and fields of exploitation specified in paragraph 7-8 above.
The Customer bears full liability for damages against Booksy for all damages incurred by Booksy in connection with placing in the System the content published by the Customer and the use of Booksy by the content under the terms of the license and consent referred to in paragraph 7-9 above.
Reviews submitted by Customers who have used the services of a given Partner are marked with the tag 'Verified User by Booksy.' Regarding these reviews, Booksy ensures that they originate solely from Customers who have utilized the services of the specific Partner. Only after the Partner's Service has been fulfilled do Customers gain the ability to publish reviews. As for reviews that do not possess the 'Verified User by Booksy' tag, Booksy does not guarantee that such reviews come from Customers who have used the services of the specific Partner.

VIII. Booksy's rights and responsibility

Booksy is not responsible for:
1. interruptions in the functioning of the System resulting from reasons beyond its control, in particular those constituting force majeure;
2. functioning of ICT systems and telecommunications networks when making payments by customers via the System;
3. technical problems or difficulties related to the operation of computer or telecommunications equipment that impede or prevent the use of the System or services offered through it;
4. the authenticity, reliability, correctness and completeness of data and information placed in the System by Users and transferred between Users via the System;
5. damages caused by Users in connection with their improper performance or non-performance of contracts accepted via the System;
6. damages caused by Users due to violation of third party rights;
7. damages caused by the actions of third parties for whom Booksy is not responsible;
8. damages caused in connection with the sale and provision of Services via the System, in particular Services rendered improperly, without complying with the required standards, violating the law or not having the offered properties;
9. damages caused in connection with the Users 'inability to accept contracts via the System and in connection with Users' insolvency;
10. damages incurred by customers in connection with the blocking or removal from the Account System in connection with the violation by the Customers of the provisions of the Terms of Service or generally applicable law.
Booksy is liable to Customers only for the compliance of the Services with these Terms of Service and for damages incurred by Customers as a result of using the System.
Booksy is entitled to partially or completely disable the functioning of the System in order to carry out its repair or improvements without having to inform Customers in advance. In the event of complete deactivation of the System, an appropriate message will be published on the Booksy website.
Booksy, in accordance with Article 6 of the DSA, shall not be liable for content stored in the System after it has been entered by the Customer (e.g. reviews) in situations where:
1. it does not have actual knowledge of the illegal activity or illegal content, and with respect to claims for damages, it does not know about the facts or circumstances that clearly prove the illegal activity or illegal content; or
2. takes prompt appropriate action to remove or prevent access to illegal content when it obtains such knowledge.
The division of responsibilities related to the agreement, which is concluded by the Customer with the Partner through the System, is as follows:
Booksy is responsible for providing the Customer with the System, which enables, among other things, establishing contact between the Customer and the Partner in order to enter into agreements for the provision of Partner's Services and making Reservations;
the Partner is responsible for providing the service that the Customer has reserved through the System, handling complaints, and enabling the Customer to exercise consumer rights. In order to exercise consumer rights, the Customer is obliged to contact directly the Partner responsible for the respective service.

IX. Complaints about System malfunction

Irregularities in the operation of the System, including its interoperability and error removal, can be advertised by customers by appropriate Booksy notification.
Complaints regarding the operation of the System should be reported by e-mail to the following address: help.ie@booksy.com.
Booksy reserves the right to request the advertiser to provide information or explanations when it is required to consider the complaint.
The complaint will be considered within 14 days of its receipt.
A response to the complaint will be sent to the e-mail address assigned to the Customer's Account or to the address of residence indicated in the complaint submitted in writing.
Anyone may report to Booksy information that they consider to be Prohibited Content.
Within six months from the date of notification of the decision, the notifier or the Customer in the matter concerning him, may submit a complaint free of charge at help.ie@booksy.com. The complaint referred to in the preceding sentence is available to:
1. the notifier on decisions regarding the notification referred to in paragraph 6 above;
2. the Customer on decisions to remove information or prevent access to it, or limit the visibility of information;
3. the Customer on decisions to suspend or terminate the service, in full or in part;
4. the Customer on decisions to suspend or close his Account.
The Customer or the notifier, after receiving the decision referred to in paragraph 7 above, has the option to use any of the certified bodies for out-of-court dispute resolution. The Customer also has possibility to consider complaints and assert claims before the alternative dispute resolution bodies, having territorial jurisdiction in the place of residence of the Customer Information on how to access the aforementioned dispute resolution modes and procedures can be found at https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
In case of:
1. frequent publication of manifestly illegal content,
2. frequent submitting of manifestly unfounded notices as referred to in paragraph 6 above, or
3. frequent submitting of manifestly unfounded complaints, as referred to in paragraph 7 above,Booksy shall, after issuing a prior warning, suspend for a reasonable period of time, as appropriate, the provision of services to the Customer (letter a), the ability to process notices through the mechanism referred to in paragraph 6 above (letter b), or the ability to submit complaints as referred to in paragraph 7 above (letter c).
Deciding on the application of the sanctions referred to in paragraph 9 above, Booksy shall, with due diligence, take into account all relevant facts and circumstances based on available information, including in particular:
1. the number of manifestly unfounded notices or complaints that were respectively transmitted, made or submitted during the relevant period;
2. the relative proportion thereof in relation to the total number of items of information provided or notices submitted within a given time frame,
3. the gravity of the misuses and of its consequences;
4. the intention of the Customer or the notifier referred to in paragraph 6 above, if such intention can be identified.

X. Complaints about Services provided by Partners

Complaints about non-performance or improper performance of Services should be directed directly to the Partners. Partner's data necessary to file a complaint, including the postal address or email address, are available in the Partner's profile in the System.
Complaints about the Services provided by Partners submitted to Booksy will be forwarded to individual Partners, about which the Customer will be notified by e-mail to the Customer's e-mail address provided during Registration or when submitting a complaint.
The Partner shall be responsible for considering complaints regarding the Services on terms consistent with generally applicable law.

XI. Mobile Payments

Booksy has entered into an agreement with the Payment Operator to enable Partners to accept payments from Customers. The Customer may use Mobile Payments when the Partner has activated Mobile Payments in the Partner Application.
The Payment Operator services and Mobile Payments are independent of Booksy and do not constitute part of the Agreement concluded between Booksy and the Customer. Booksy is not responsible for the services provided as part of Mobile Payments by the Payment Operator.
Payments for Partner Services are made and settled by the Payment Operator, in accordance with the Terms of Service available on the Payment Operator's website. Ordering, authorizing and making Mobile Payments are specified in the Payment Operator's Terms of Service.
The Customer may make Mobile Payments for the Partner’s Services using a credit or debit card or another payment method available in the System.
The Customer using Mobile Payments, warrants that it is legally authorized to make such payments from its debit or credit card account(s) and that such action does not violate the terms of use of such card accounts or applicable law. When authorizing a payment with a debit or credit card, the Customer warrants that sufficient funds or credit are available to complete the payment.
The Customer, after indicating in the System that he intends to pay for the Partner Services using Mobile Payments, authorizes the Payment Operator to charge the selected payment method with the full amount for the Partner Service, the deposit and the prepayment. The Customer is responsible for the timely settlement of all amounts owed to the Partners. The Customer is solely responsible for paying for the Partner Services via Mobile Payments or other means of payment, the full value of the Partner Service.
Mobile Payment must be confirmed each time in the Application for the Customer. However, the Customer may activate automatic acceptance of Mobile Payments in the Customer Application, in which case, Mobile Payments will be made without the need for the Customer to confirm each payment.
Booksy is not responsible for payment for the Partner Services by the Customer.
The history of Mobile Payments is available in the Customer Account in the Customer Application. The Customer may generate an email confirmation of such Mobile Payment history at any time. Such generated confirmation is not a receipt, invoice or any other accounting or fiscal document.
The Customer, as the payer ordering the payment transaction, confirms that by accepting the Terms of Service, he/she authorizes the Payment Operator to transfer his/her data as the payer to Booksy.
The Customer grants Booksy a power of attorney to download and share the Mobile Payment history in the Customer Account in the Customer Application.
The Customer is obliged to use Mobile Payments in accordance with the provisions of law, these Terms of Service and the terms of Service of the Payment Operator.
Booksy shall not be liable for any payments that Mobile Payments fails to settle, that is, in particular, if (i) the payment card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the card account; (ii) correct payment card information has not been provided; (iii) the validity of the debit or credit card has expired; (iv) independent circumstances (such as, but not limited to, power outages, cellular service interruptions, or any other external disruption) prevent the transaction from being completed; (v) the bank handling the transaction refuses to authorize it for reasons other than those specified above. To the extent that any amounts due cannot be debited from your debit or credit account via Mobile Payments, you are solely responsible for paying Partner by other means, such as cash, for the full value of the Partner Service scheduled and/or provided.

XII. Technical requirements

In order to use the System on a computer, it is necessary to have devices that allow access to the Internet, e-mail and a web browser. The use of Booksy services via the System requires an active Internet connection. Using the System on a mobile device requires a functional mobile device with the current Android or iOS system. The Customer should, on his own responsibility and on his own responsibility, ensure that the technical requirements of the mobile device are met, its configuration, software update and access to the Internet. The cost of buying a mobile device, other devices that allow access to the Internet, and the cost of connecting to the Internet is borne entirely by the customer.
Particular threats related to the use of the Application by Customers include providing login data to unauthorised persons who may intentionally change the configuration of the Customer Profile. Therefore, it is recommended to keep secret system passwords.
Booksy informs the Customer about the updates to the System, including those related to the necessary security measures to maintain the System's compliance with this Terms of Service, and provides them to the Customer throughout the duration of the System's availability.

XIII. Personal data. Privacy

Booksy attaches particular importance to respecting customer privacy.
The Customer is obliged to update his personal data, in particular on his Profile, Account or in the System.
The Customer, entering his data in the System:
1. agrees that his name and photo provided by them in the Profile will be available to all Internet users;
2. Partners will contact them directly to the e-mail address or phone number provided by them during Registration.
When creating an Account, the Customer may express appropriate consent regarding the processing of personal data and electronic communication for other purposes, including the performance of the contract accepted with Booksy.
The essence of the System and Business Application is to enable Partners to provide Services to Customers and to enable Customers to use Partner Services while promoting the services offered by Booksy and Partner Services. Therefore, Booksy and Partner process Customers' personal data for their own purposes, therefore they are separate controllers of their personal data. When the Customer uses the Application to book a Partner service:
1. A contract is accepted between the Customer and the Partner for the Partner to provide Services to the Customer,
2. The Customer may additionally grant the Partner consent in the Application to process his personal data (for electronic communication, profiling) for purposes other than to perform the contract with the Customer,
3. Booksy provides the Partner via the Application with the Customer's personal data needed to provide Services to that Customer,
4. The Partner becomes the administrator of the personal data of such a Customer, therefore he is obliged to comply with the principles set out in the GDPR and bears responsibility under the provisions.
Due to the fact that the essence of the System's operation is making a Service Booking, which involves the need to confirm the Booking and the deadline for the Service, after making the Booking, the Customer will receive via the System, e-mail / push correspondence or sms messages containing the above mentioned confirmation. These confirmations do not contain marketing or commercial content, only information about the Booking.
When the Partner will use the tools available as part of Booksy's services (e.g. visit calendar, reminders, marketing) - Booksy will, to the extent necessary, process Customer's data on the terms set out in the agreement with the Partner - in accordance with art. 28 GDPR - contract entrusting the processing of personal data, and the Partner will continue to be the administrator of his personal data.
The purposes for which the Partner will be able to process the Customer's data will depend on the legal basis for processing personal data determined by the controller.
Detailed information on the legal basis and purposes of Booksy's processing of Customers' personal data is available here.
Booksy's privacy policy, including cookie policy, is available here.

XIV. Final Provisions

To the extent permitted by applicable law, these Terms of Service of the Booksy Application for Customers and the relationship between Booksy and the Customer shall be governed by and construed in accordance with the law of the Republic of Ireland.
To the extent permitted by applicable law, any claim, dispute or question arising out of or in connection with these Terms of Service shall be submitted to the jurisdiction of the courts of the domicile of the Customer.
Booksy reserves the right to amend the Terms of Service due to a valid reason. A valid reason is:
1. to comply with generally applicable laws, interpretations or guidelines of a competent authority.
2. the issuance of a judgment, decision or other similar act by a court or a competent authority;
3. to prevent violations of the Terms of Service or to prevent abuse, as well as to remove ambiguities or doubts of interpretation regarding the content of the Terms of Service;
4. changes in the names, addresses or company data indicated in the content of the Terms of Service;
5. changes in technical parameters or functionality of the System;
6. changes in the scope, form or conditions of the Booksy Services.
Amendments will be published in the form of a consolidated text together with information about them on the website www.booksy.com.
Booksy shall notify the Customer of the amendments to the Terms of Service by email sent to the email address associated with the Customer's Account or by internal correspondence addressed to the Customer directly to the Customer’s Account in the System at least 15 days before they become effective.
The Customer may not accept the changes to the Terms of Service and, in this case, has the right to request the deletion of the Account by submitting an appropriate written statement within 15 days from the date of notification of the change to the Terms of Service. In the absence of such a demand, the Customer shall be deemed to have accepted the amendments without reservation.
The following annexes are an integral part of the Terms of Service: Annex 1 to the Terms of Service of the Booksy for Business Application "Model Statement of Withdrawal from the Contract".

Annex 1 to the Terms of Service of the Booksy Application for Customers
Model Statement of Withdrawal from the Contract

Booksy Iberia S.L.U., a limited liability company with registered address at C. de Eloy Gonzalo, 27 Chamberí, 28010 Madrid (Spain) and tax identification number B88598636

I, the undersigned, hereby inform about my withdrawal from the contract for the use of the Booksy Application for Customers.

The date of conclusion of the contract: __________________________

Consumer name and surname: _____________________

Consumer Address: ____________________________

Consumer's signature (only if the form is sent in paper version)

Date: ______________

Last update: March 17, 2025