Last Updated: December 1, 2016
If you are using the Site or Services you are contracting with theTravelPorter Ltd UK . (theTravelPorter Ltd is hereinafter referred to as "theTravelPorter", "we", "us", or "our").
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH THE SITE AND/OR VENDORS MAY CREATE LISTINGS FOR ACTIVITIES AND USERS MAY LEARN ABOUT AND BOOK ACTIVITIES FROM WITH THE VENDORS. YOU UNDERSTAND AND AGREE THAT THETRAVELPORTER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN VENDORS AND USERS , NOR IS THETRAVELPORTER A TRAVEL AGENT OR INSURER. THETRAVELPORTER HAS NO CONTROL OVER THE CONDUCT OF VENDORS , MEMBERS AND USERS OF THE SITE, ACTIVITIES AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
"Booking Request Period" means the time period starting from the time when a booking is requested by a User (as determined by theTravelPorter in its sole discretion), within which a Vendor may decide whether to confirm or reject that booking request, as stated on the Site or Services. Different Booking Request Periods may apply in different places and service types, but unless otherwise stated it is not to exceed 24 hours.
"Collective Content" means Member Content and theTravelPorter Content.
"Content" means text, graphics, images, music, audio, video, information or other materials.
"Listing" means an Activity by a Vendor available for booking, sale or rental -as applicable- via the Site and Services.
"Member" means a company, a person or a party acting on behalf of a person(s) who has either completed the Sign Up process or has a liaison with theTravelPorter as a Vendor or User, including but not limited to Vendors and Users.
"Member Content" means all Content that a Member either provides to theTravelPorter or directly inputs for posts, comments, uploads, publishes, submits, transmits, or includes in Listings, to be made available through the Site or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) or any other relevant taxes that Vendors may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
"theTravelPorter Content" means all Content that theTravelPorter makes available through the Site, or Services, including any Content licensed from a third party, but excluding Member Content.
"User " means, but is not limited to, a person or Member who requests from a Vendor a booking of an Activity via the Site or Services, or a person who participates at an Activity booked via the Site or Services and is not the Vendor for such Activity.
"Vendor " means a company, person or Member who either allows theTravelPorter to create or directly creates, where applicable, a Listing via the Site and Services.
“Vendor Agreement” means an agreement entered into between theTravelPorter and a Vendor which sets the requirements and procedures through which Vendors can provide Activities as Listings on the Site for Users to purchase.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
theTravelPorter reserves the right, at its sole discretion, to modify the Site, or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older, unless expressly indicated otherwise. Any access to or use of the Site or Services by anyone under 18 is prohibited, unless -where agreed by the Vendor- such person is accompanied at an Activity by a guardian. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
How the Site and Services Work
The Site and Services can be used to facilitate the listing and booking of travel and other experiences ("Activities "). Such Activities are included in Listings on the Site and Services by Vendors directly -where applicable- or by theTravelPorter on their behalf, as mutually agreed. You may view Listings as an unregistered visitor to the Site, and Services; however, if you wish to proceed with a booking of an Activity or create a Listing, you must first register by providing your name and e-mail address and other information as reasonably requested.
theTravelPorter is not an owner or operator of Activities , including, but not limited to, tours, excursions, any form of accommodations, air tickets, nor is it a provider of Activities, including, but not limited to, tours, excursions, any form of accommodations and air tickets and theTravelPorter does not own, sell, resell, provide, rent, re-rent, manage and/or control relevant gear, crafts and other relevant means required to cater such Activities , including, but not limited to, bikes, crafts, sports gear required for the execution of the Activities , nor transportation or travel services. Unless explicitly specified otherwise in theTravelPorter platform, theTravelPorter’s responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) facilitating a payments method for Vendors to be able to accept payments from Users for Activities booked and for this purpose we cooperate with the Payment Service Processor Stripe (https://stripe.com/gb). As of December 2016 we also accept payments via Paypal (https://www.paypal.com/).
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE VENDORS AND USERS CONNECTING AND BOOKING ACTIVITIES WITH EACH OTHER. THETRAVELPORTER CAN CONTRIBUTE AND ADVISE ACCORDINGLY BUT ULTIMATELY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND ALTHOUGH TAKES EVERY EFFORT TO VET VENDORS TO THE BEST OF OUR KNOWLEDGE AND FOR THE INTEREST OF THE USERS, CANNOT AND DOES NOT CONTROL THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACTIVITY OR GEAR/MEANS OF AN ACTIVITY . THETRAVELPORTER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACTIVITIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
In order to book an Activity or create a Listing, you must register, sign in or create an account ("theTravelPorter Account") and become a Member, by providing the information requested by us, including but not limited to full name and email as well as other contact information/details as necessary. You agree to provide accurate, current and complete information during this process. theTravelPorter reserves the right to suspend or terminate your access, booking or Listing to the Site and Services if any information provided during this process or thereafter -as reasonably requested- proves to be inaccurate, fraudulent, not current or incomplete. You may register to join the Services directly via the Site , our newsletters or relevant applications which facilitate registration and sign up to theTravelPorter, such as our social media official accounts.
As a Member having created theTravelPorter Account, you may create Listings. To create a Listing, you will be asked a variety of questions about the Activity to be listed, including, but not limited to, the location, activity details, pictures, group sizes, itinerary, other features and availability of the Activity and pricing and related rules and financial terms. In order to be featured in Listings via the Site and Services, all Activities must have valid physical addresses and be subject to final approval by theTravelPorter. Listings will be made publicly available via the Site and Services. Other Members or Users will be able to find and book your Activity via the Site and Services based upon the information provided in your Listing. You understand and agree that once a User requests a booking of your Activity , you may not request the User to pay a higher price than in the booking request.
Vendors also understand and agree that Vendor Fees will be paid in accordance with these Terms and the Vendor Agreement. Each Vendor represents and warrants that the Activity Fees offered to theTravelPorter are the lowest prices offered by the Vendor to any distributor of these Activities (the “Low Price Guarantee”). If a Vendor offers Activities or enters into an agreement to provide Activities through or to a third party (including without limitation through any other distribution channels, such as coupons, deal-of-the-day or flash sale websites) for a lower price or rate or under a lower pricing or rate arrangement or formula (including without limitation for no fee) than the then-current Activity Fee indicated on to the Travel Porter, then such Vendor will promptly notify theTravelPorter and provide to theTravelPorter such lower price or rate or pricing or rate arrangement or formula retroactively as of the date first provided to such other third party. If a Vendor fails to comply with this provision, theTravelPorter shall have the right, in our sole discretion, to either suspend the Vendor or terminate the Vendor Agreement in accordance with the Vendor Agreement and these Terms.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. While theTravelPorter may assist, at our own discretion and under terms that may change upon written notification to Vendors, to complete such Listings, the Content and all responsibility of any amendments, corrections or updates lie solely to the Vendor. Accordingly, you represent and warrant that your Listings and the booking of, or a User’s participation/purchase of, an Activity in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws (such as travel agent laws and laws governing relevant sports activities, classes, bike rentals, but not limited to the above), Tax requirements, and rules and regulations that may apply to any Activity included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that theTravelPorter assumes no responsibility for a Vendor’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. theTravelPorter reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that theTravelPorter, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or the Vendor Agreement, or otherwise harmful to the Site or Services.
If you are a Vendor, you understand and agree that theTravelPorter does not act as an insurer or as your contracting agent. If a User requests a booking of your Activity and uses your Activity, any agreement you enter into with such User is between you and the User and theTravelPorter is not a party to it. Notwithstanding the foregoing, the payment process stated on the Site and/or communicated to you by theTravelPorter is the only acceptable method of payment and serves as the limited authorised payment collection procedure of the Vendor for the purpose of accepting, on behalf of the Vendor, payments from Users of such amounts stipulated by the Vendor (including other fees as stated and Taxes).
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Activity, such as requiring Members to have a verified ID, certain age, physical stamina or license, and a verified phone number, in order to book your Activity. Any Member wishing to book Activities included in Listings with such requirements must meet these requirements.
If you are a Vendor, you acknowledge and agree that, as a Vendor , you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who participate at or are otherwise present at the Activity at your request or invitation, excluding the Users and the individuals the User invites or shares the Activity with, where applicable.
theTravelPorter recommends that Vendors obtain appropriate insurance for their Activities. Please review any insurance policy that you may have for your Activities carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users (and the individuals the Users invites to or share with the Activity, if applicable) on the course of your Activity.
theTravelPorter may offer Vendors the option of having photographers take photographs of their Activities at a fee or as mutually agreed. If you as a Vendor choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words "theTravelPorter Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing. All images, materials and content created by these photographers, including Verified Images, constitute theTravelPorter Content, regardless of whether you include them in your Listing. You agree that theTravelPorter may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
theTravelPorter does not endorse any Member, however may endorse an Activity at it’s sole discretion for the purposes of blog posts, promotions and marketing of the Site and Services. You understand that Verified Images are intended only to indicate a photographic representation of the Activity at the time the photograph was taken. Verified Images are therefore not an endorsement by theTravelPorter of any Member or any Activity. Members are required by these Terms to provide accurate information, and theTravelPorter does not make any representations about, confirm, or endorse any Member User or the Member's purported identity or background. Also, while Members Vendors are required by these Terms to provide accurate information, and although theTravelPorter may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Vendors and their Activities, we do not make any representations about, confirm, or endorse any Member Vendor in principle or the Member's purported identity or background.
Any references in the Site or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by theTravelPorter about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to use a Vendor or to accept a booking request from a User, or to have any other interaction with any other Member. theTravelPorter is not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from theTravelPorter with respect to such actions or omissions. Accordingly, we encourage you to share comments with the Site directly regarding any bookings or Listings. This limitation shall not apply to any claim by a Vendor against theTravelPorter regarding the remittance of payments received from a User on behalf of a Vendor , which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
Bookings and Financial Terms
"Activity Fees" means the amounts that are due and payable by a User in exchange for that User’s purchase and use of an Activity and include relevant Taxes. The Vendor alone, and not theTravelPorter, is responsible for the Activity Fees for his or her Listing, including but not limited to any notification of any price updates and special offers. The Vendor may in his or her sole discretion decide to include in these amounts any other fee permitted on theTravelPorter platform as long as it is explicitly stated and as long as the Activity Fee is in line with the Low Price Guarantee.
"User Fees" , where and when applicable, means the fee that theTravelPorter charges a User for the use of the Services, which is calculated as a percentage of the applicable Activity Fees. The User Fees, where and when applicable, will be displayed to the User when the User is asked whether to send a booking request to a Vendor.
"Vendor Fees" means the fee that theTravelPorter charges a Vendor for the use of the Services, which is calculated as a percentage of the applicable Activity Fees. The Vendor Fees are subject to mutual agreement and acceptance by theTravelPorter and the Vendor prior to a Listing under a Vendor Agreement and will be displayed to the Vendor when the Vendor is asked whether to confirm or reject a booking request from a prospective User.
"Service Fees" means collectively the User Fees (where/when applicable, as explicitly stated) and the Vendor Fees.
"Total Fees" means collectively the Activity Fees and the User Fees plus any Taxes.
Bookings and Financial Terms for Vendors and Users
If you are a Vendor and a booking is requested for your Activity via the Site or Services, you will be required to either confirm or reject the booking request within the Booking Request Period, as per Vendor Agreement, otherwise the booking request will automatically expire. When a booking is requested via the Site or Services, we will share with you (i) the first and last name of the User who has requested the booking, and (ii) an indication of whether or not the User has provided other information to theTravelPorter, such as a verified email address or special requests. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by theTravelPorter for the requested booking will be refunded to the applicable User’s credit card and any pre-authorisation of such credit card will be released. When you confirm a booking requested by a User, theTravelPorter will send you an email and/or text message confirming such booking, depending on the selections you make via the Site and Services.
theTravelPorter will collect the Total Fees at the time of booking request via our Payment Service Processor, Stripe or other third party, which will initiate payment of the Activity Fees (less theTravelPorter’s Vendor Fees and any Taxes in respect of the Vendor Fees, such as VAT in Europe) to the Vendor in line with the Payment Terms of the Vendor Agreement (except to the extent that a refund is due to the User ). The time it takes for the Vendor to receive payouts may depend upon the payout method chosen by and mutually agreed with the Vendor. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Vendor , including by deducting their charges from the payout amount.
Each Vendor agrees that payment made by a User to theTravelPorter through Stripe or Paypal, shall be considered the same as a payment made directly to the Vendor , and the Vendor will make the Activity available to the User in the agreed-upon manner as if the Vendor has received the Activity Fees. Each Vendor agrees that theTravelPorter may, in accordance with the cancellation policy selected by the Vendor and reflected in the relevant Listing, (i) permit the User to cancel the booking and (ii) refund (via Stripe or Paypal and theTravelPorter) to the User that portion of the Activity Fees specified in the applicable cancellation policy. Each Vendor understands that theTravelPorter through Stripe and (as of December 2016) Paypal accepts payments from Users and that our obligation to pay the Vendor is subject to and conditional upon successful receipt of the associated payments from Users. theTravelPorter does not guarantee payments to Vendors for amounts that have not been successfully received from Users.
Please note that theTravelPorter does not currently charge fees for the creation of Listings. However, you as a Vendor acknowledge and agree that theTravelPorter reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that theTravelPorter will provide notice of any Listing fee collection via the Site and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Users
The Vendors, not theTravelPorter, are solely responsible for honouring any confirmed bookings and making available any Activity reserved through the Site and Services. If you, as a User, choose to enter into a transaction with a Vendor for the booking of an Activity , you agree and understand that you will be required to enter into an agreement with the Vendor and you agree to accept any terms, conditions, rules and restrictions associated with such Activity imposed by the Vendor. You acknowledge and agree that you, and not theTravelPorter, will be responsible for performing the obligations of any such agreements, that theTravelPorter is not a party to such agreements, and that, with the exception of its payment obligations hereunder, theTravelPorter disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that theTravelPorter is not a party to the agreement between you and the Vendor, the payment method imposed by theTravelPorter which may involve a third-party acts as the Vendor’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Vendor. Upon your payment of the Total Fees to theTravelPorter Site, your payment obligation to the Vendor for the Activity Fees is extinguished, and we are responsible for remitting the Activity Fees (less the Vendor Fees and any Taxes in respect of the Vendor Fees, such as VAT in Europe), in the manner described in these Terms and the Vendor Agreement with each Vendor.
The Total Fees payable will be displayed to a User before the User sends a booking. As noted above, the Vendor is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Vendor), any amounts collected will be refunded to such User, depending on the selections the User makes via the Site, and any pre-authorisation of such User’s credit card will be released, if applicable.
You as a User agree to pay through theTravelPorter the Total Fees for any booking requested in connection with your purchases. As a general rule, the payment processor will collect the Total Fees due once you place the booking and theTravelPorter will effect a refund unless confirmation of your booking from the applicable Vendor is not completed; if necessary, Total Fees may instead be collected at a later point. Please note that theTravelPorter cannot control any fees that may be charged to a User by his or her bank related to theTravelPorter’s collection of the Total Fees, and theTravelPorter disclaims all liability in this regard. If a User requests a refund charges (in the form of non-refundable fees) by the third party payment providers apply.
theTravelPorter uses a third party payment provider called Stripe (https://stripe.com/gb) to ensure Users’ personal and sensitive credit card information is securely stored. Credit card details are NOT stored at theTravelPorter. Our payment service processor, Stripe, is fully PCI compliant. All card information is truncated and passed through to Stripe for processing. theTravelPorter has no access to credit card information. As of December 2016, theTravelPorter accepts payments also through the third party payment provider Paypal (https://www.paypal.com/).
Vendors may choose to include security deposits in their Listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Activity, such as sports gear, bike, yacht or other as specified. If a Security Deposit is included in a Listing for a confirmed booking of an Activity, and a Vendor makes a claim against such Security Deposit, theTravelPorter, despite it’s limited liability, will try in its limited capacity and in good faith and cooperation , to use its commercially reasonable efforts to assist the charge of the User’s payment method in the amount of the Security Deposit, within a reasonable period of time after the User’s use of the Vendor’s Activity. theTravelPorter will also use its commercially reasonable efforts to address Vendors’ requests and claims related to Security Deposits, but theTravelPorter is not responsible for administering or accepting any claims by Vendors related to Security Deposits, and disclaims any and all liability in this regard.
General Booking and Financial Terms
Cancellations and Refunds
If, as a User, you cancel your requested booking before the requested booking is confirmed by a Vendor, theTravelPorter via our payment processor will cancel any preauthorisation or charge to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time, as determined by Stripe or Paypal, our payment processors. If, as a User, you wish to cancel a confirmed booking made via the Site and Services, the cancellation policy of the Vendor contained in the applicable booking confirmation will apply to such cancellation. Our ability to refund the Activity Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available at the Site and at Listings.
If a Vendor cancels a confirmed booking made via the Site and Services, the User will receive an email or other communication from theTravelPorter and/or Vendor containing alternative Listings. If the User requests a booking from one of the alternative Listings and the Vendor associated with such alternative Listing confirms the User’s requested booking, then the User agrees to pay theTravelPorter the Total Fees relating to the confirmed booking for the Activity in the alternative Listing, in accordance with these Terms and where applicable will be refunded any price difference. theTravelPorter may at it’s sole discretion provide an alternative Listing from another Vendor. If a Vendor cancelled a confirmed booking and you, as a User, have not received an email or other communication from theTravelPorter, please contact theTravelPorter.
If, as a Vendor, you cancel a confirmed booking, you agree that theTravelPorter may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances (such as serious illness, natural disaster or extreme weather conditions), theTravelPorter may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site and Services. theTravelporter may also determine, in its sole discretion, to effect and coordinate a refund to the User (for similar reasons, in good faith and where reasonably necessary) for part or all of the amounts charged to the User.
If, as a Vendor, a User cancels a confirmed booking or theTravelPorter decides that it is necessary to cancel a confirmed booking, and theTravelPorter issues a refund to the User in accordance with the Terms or other applicable cancellation policies, you agree that in the event you have already been paid theTravelPorter shall be entitled to recover the amount of any such User refund from you, including by subtracting such refund amount out from any future Activity Fees due to you.
You as a Vendor understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. theTravelPorter cannot and does not offer Tax-related advice to any Members.
Damage to gear or other objects related to an Activity
As a User, you are responsible for using and leaving any gear, space or object related to an Activity in the condition it was in when you arrived. You acknowledge and agree that, as a User, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom accompany you to an Activity. In the event that a Vendor claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing such damage with equivalent or satisfactory compensation. Such claim will be handled by the Vendor. theTravelPorter also reserves the right to charge you or otherwise collect payment from you and pursue any avenues available to theTravelPorter in this regard, including using Security Deposits, in situations in which you have been determined, in theTravelPorter’s sole discretion, to have damaged any gear,space or other object related to an Activity in relation to any payments made by theTravelPorter to Vendors. If we are unable to charge the credit card or otherwise collect payment from you, you agree to remit payment for any damages to the applicable Vendor or to theTravelPorter (as applicable).
Both Users and Vendors agree to cooperate with and assist theTravelPorter in good faith, and to provide theTravelPorter with such information and take such actions as may be reasonably requested by theTravelPorter, in connection with any complaints or claims made by Members relating to Activities or with respect to any investigation undertaken by theTravelPorter or a representative of theTravelPorter regarding use or abuse of the Site, or the Services. However it is the sole responsibility of the User and the Vendor to reach an agreement and resolve any dispute or matter without any liability on the side of theTravelPorter.
theTravelPorter’s online platform may facilitate at own discretion bookings between Users and Vendors who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Unless advised otherwise, Listings’ price and currency is set by the Vendor.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Services or Collective Content;
use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or otherwise mutually agreed with theTravelPorter;
copy, store or otherwise access or use any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;
interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
offer, as a Vendor, any Activity that you do not yourself own or have permission to organise and operate (without limiting the foregoing, you will not list Activities as a Vendor if you are serving in the capacity of an agent or intermediary for a third party);
use the Site, Services or Collective Content to find a Vendor or User and then complete a booking of an Activity independent of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to theTravelPorter’s provision of the Services or for any other reasons;
as a Vendor, submit any Listing with false or misleading price information, or not in line with the Low Price Guarantee, or submit any Listing with a price that you do not intend to honor;
systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, theTravelPorter's name, any logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, or Services, without theTravelPorter’s express written consent;
accept or make a payment for Activity Fees outside theTravelPorter Site unless mutually agreed or expressly directed and advised with theTravelPorter. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold theTravelPorter harmless from any liability for such payment.
theTravelPorter has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
theTravelPorter may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against theTravelPorter or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of theTravelPorter, its users, or members of the public. You acknowledge that theTravelPorter has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. theTravelPorter reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that theTravelPorter, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Collective Content are the exclusive property of theTravelPorter and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
Our Services have different products and offerings, so sometimes additional terms or product requirements may apply to your use of those products. These will be clearly noted on each product page accordingly. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
theTravelPorter Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, theTravelPorter grants you a limited, non-exclusive, non-transferable license, to (i) access and view theTravelPorter Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section unless expressly and duly agreed with theTravelPorter
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms or in a separate duly signed contract with theTravelPorter.
We may, in our sole discretion, permit and assist you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to theTravelPorter a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Services. theTravelPorter does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, and Services or you have all rights, licenses, consents and releases that are necessary to grant to theTravelPorter the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or theTravelPorter’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that theTravelPorter is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by theTravelPorter of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of theTravelPorter and you hereby irrevocably assign to theTravelPorter and agree to irrevocably assign to theTravelPorter all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At theTravelPorter’s request and expense, you will execute documents and take such further acts as theTravelPorter may reasonably request to assist theTravelPorter to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Suspension, Termination and theTravelPorter Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel theTravelPorter Account you have with us. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) any pending or accepted future bookings as Vendor or User will be immediately terminated, (b) we may communicate to your Users or Vendor(s) that a potential or confirmed booking has been cancelled, (c) we may refund your Users in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Users to inform them about potential alternate Activities with other Vendors that may be available on the Site and Services, and (d) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of theTravelPorter Account you have with us, as described above. You may cancel theTravelPorter Account at any time by sending us an email. Please note that if theTravelPorter Account is cancelled, we do not have an obligation to return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews.
THETRAVELPORTER TAKES EVERY REASONABLE MEASURE TO PROVIDE QUALITY ACTIVITIES WITH REPUTABLE, PROFESSIONAL VENDORS. HOWEVER, IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THETRAVELPORTER DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER OR USER BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THETRAVELPORTER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THETRAVELPORTER MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACTIVITIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THETRAVELPORTER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACTIVITIES, VENDORS, USERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE AND SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THETRAVELPORTER OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY VENDORS OR USERS AS DEFINED. YOU UNDERSTAND THAT THETRAVELPORTER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF VENDORS AND USERS OF THE SITE OR SERVICES OR TO REVIEW, PARTICIPATE OR VISIT ANY ACTIVITIES, ALTHOUGH WE STRIVE TO VET AND TEST ALL ACTIVITIES AND VENDORS LISTED. THETRAVELPORTER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, USERS AS DEFINED AND VENDORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANISED BY THETRAVELPORTER. NOTWITHSTANDING THETRAVELPORTER’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE VENDORS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM USERS ON BEHALF OF THE VENDORS, THETRAVELPORTER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACTIVITY VIA THE SITE AND SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THETRAVELPORTER WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER THETRAVELPORTER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY ACTIVITY VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THETRAVELPORTER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE VENDORS PURSUANT TO THESE TERMS AND AS EXPLICITLY AGREED WITH EACH VENDOR UNDER A VENDOR AGREEMENT AFTER HAVING RECEIVED PAYMENTS THROUGH THE PAYMENT SERVICE PROCESSOR, STRIPE OR PAYPAL, IN NO EVENT WILL THETRAVELPORTER’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACTIVITY VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ACTIVITY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A USER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A VENDOR, THE AMOUNTS PAID BY THETRAVELPORTER TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED EUROS (EUR 100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THETRAVELPORTER AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold theTravelPorter and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Activity, or (iii) creation of a Listing; (d) the use, participation, condition or rental -as applicable- of an Activity by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a participation, rental, booking or use of an Activity.
If you participate in an Activity or as a User engage with any Vendor or as a Vendor you engage with any User who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to theTravelPorter by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between theTravelPorter and you regarding the Site, Services, Collective Content, and any bookings or Listings of Activities made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between theTravelPorter and you regarding bookings or listings of Activities, the Site, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without theTravelPorter’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. theTravelPorter may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by theTravelPorter via email (in each case to the address that you provide). The date of receipt of such email will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the United Kingdom
The failure of theTravelPorter to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of heTravelPorter. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
If you have any questions about these Terms, please contact theTravelPorter.