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Welcome to YouTravel.me
ANY VISITOR TO THIS WEBSITE UNDERSTANDS AND AGREES TO THE FOLLOWING:
Please read these Terms & Conditions (“T&C”) carefully as they contain important information about your legal rights, remedies and obligations. By using the Platform`s Services (as defined below), you agree to comply with and be bound by these T&C.
Our collection and use of personal information in connection with your access to and use of the Platform is described in our Privacy Policy. These T&C apply only in conjunction with the Privacy Policy.
You will comply with any applicable tourism laws in your local jurisdiction.
Welcome to YouTravel.me
· ATTENTION!
ANY VISITOR TO THIS WEBSITE UNDERSTANDS AND AGREES TO THE FOLLOWING:
Please read these Terms & Conditions (“T&C”) carefully as they contain important information about your legal rights, remedies and obligations. By using the Platform`s Services (as defined below), you agree to comply with and be bound by these T&C.
Our collection and use of personal information in connection with your access to and use of the Platform is described in our Privacy Policy. These T&C apply only in conjunction with the Privacy Policy.
You will comply with any applicable tourism laws in your
local jurisdiction.
When these Terms mention “Platform”, "Platform Administration", "Administration", “Company”, “we,” “us,” or “our,” it refers to the YouTravel.me LLC company you are contracting with.
Your contracting entity will generally be determined based on your country of residence or establishment.
Users alone are responsible for identifying,
understanding, and complying with all laws, rules, and regulations that apply
to their content and Services.
These Terms & Conditions
(between the Platform and Users (Platformer) regarding the use of the Platform
and access to YouTravel.me cancel and replace any oral and written agreements
and statements, except in cases where the Terms & Conditions are
supplemented by the introduction of additional rules, standards or conditions.
No joint venture, partnership,
employment, or agency relationship exists between you or Platform Administration
as a result of this Agreement or your use of the Payment Services.
Then any part of the Terms &
Conditions becomes invalid, illegal or unenforceable, the Parties shall
negotiate in good faith in order to agree on the terms of a mutually satisfactory
provision to be substituted for the invalid, illegal or unenforceable provision
which as nearly as possible gives effect to their intentions as expressed in
this agreement.
These terms and conditions do not apply to third parties operating under separate terms and conditions & Users should study its separately.
If you change your country of residence, the Company you contract with will generally be determined by your new country of residence as specified above, from the date on which your country of residence changes. Please note, however, that the Company with which you contract will stay the same for all bookings made prior to your change of residence.
The access to or use of certain
areas and features of the Platform may be subject to separate policies,
standards or guidelines, or may require that you accept additional terms and
conditions before you can access the relevant areas or features of the
Platform.
If there is a conflict between
these Terms and terms and conditions applicable to a specific area or feature
of the Platform, the latter terms and conditions will take precedence with
respect to your access to or use of that area or feature, unless specified
otherwise in the latter terms and conditions.
Some areas of the Platform
implement Google Maps/Earth mapping services, including Google Maps API(s).
Your use of Google Maps/Earth is subject to the Google Maps/Google Earth
Additional Terms of Service.
1. Overall
1.1. YouTravel.me (Platform) is the online Platform provides web services allow users to place their content. So, any content on YouTravel.me is user-generated content.
1.2. YouTravel.me is not a Media.
1.3. The owners & management of this website provides only the Place for the user`s content.
1.4. YouTravel.me is a framework/coworking for users who wish to place & share their experiences in individual travels & to offer their support to each other.
1.5. YouTravel.me is an advertising web service.
1.6. YouTravel.me is not a travel agency or travel services provider or travel operator.
1.7. The Platform Administrator doesn’t own, sell, resell, organize, provide, manage, and/or control any Ads and Small group adventure trips on his own behalf.
1.8. The Platform, the Platform`s team, owners, and managers are not agents of platformers (users), except in some specific cases where the Platform acts as a financial agent or escrow.
2. Content
2.1. The Platform allows placing (post) such as users content as:
· any local tour guide services,
· individual or group tourist tours services,
· information about the Small group adventure trips,
· report on individual tourist experience, etc.
2.2. The Platform does not edit users ' posted content. The Platform doesn't guarantee realistic, truth, actual, safety, legal, quality of user-generated content.
2.3. The Platform doesn't advise or provide user-generated content.
2.4. The Platform doesn't promote or recommend any authors (users) of user-generated content.
2.5. The user-generated content may be original or multi-language.
2.6. The user-generated content may be translated into other languages. The Platform and its management are not responsible for the quality and accuracy of the Deal.
3. Platformers
Who are Platformers (users)?
3.1. The Platform provides users with the ability to create or select a set of travel services for wide customer demand.
3.2. There are basic users’ roles at the Platform:
· local travel guide,
· tour author,
· traveler,
· travel blogger,
· local Ranger, porter,
· local travel assistant, etc.
3.3. The platformer has free will to choose any role.
3.4. The Platform is only a means/vehicle to connect / link /contact / interact platformers (users) to satisfy their desires in the world of travel.
3.5. Platformers make any deals on Platform at their own risk.
3.6. For adults only. In order to access and use the Platform or register an Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
3.7. The Platform doesn't bear any legal responsibility or obligations in platformer deals. The owners, administration and management of the Platform shall not participate in deals between platformers. The owners, administration and management of the Platform shall not be a side of deals between users.
Let take a look at some examples of proposed Platformers' Deals:
· to order an Small group adventure trip,
· to hire a local (travel) guide,
· to get information about tourist destinations and attractions,
· to hire a porter or assistant,
· to hire a support or assistant (local helper guy),
· to read interesting stories, posts,
· to see interesting and unique places,
· to find a travel companion,
· to find someone to talk to,
· to find friends, etc.
3.8. The Platform has established the following mandatory rules for each platformer (user).
3.9. Any content posted on the Platform must meet such compulsory requirements as:
· each proposed Small group adventure trip must contain information about the travel program (travel schedule).
· each proposed trip program (travel schedule) must contain a description of the travel route, dates (road map), description of main events to be organized by the travel expert or guide, all terms & conditions of the deal.
· each proposed travel program (travel schedule) is agreed by the parties (the Offeror and his client) in accordance with their chosen roles (the Deal).
4. How to become a Platformer (user)?
The Verification &Registration Policy
4.1. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity.
4.2. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
4.3. After reading and agreeing to the Terms & Conditions, each User can create their own Unique Personal Account (Account).
4.4. You may not register more than one (1) Account unless Administration authorizes you to do so. You may not assign or otherwise transfer your Account to another party.
4.5. You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party.
4.6. You must immediately notify Administration if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account.
4.7. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.8. To be registered the User creates & provides his Username (the User's email address) and unique password to manage & access to Account.
4.9. To register on the Platform the User shall provide real & detailed data about himself/herself.
4.10. If the Platform Administrator has reason to believe that the data provided by the User is incorrect, the User can refuse, block or delete the account.
4.11. The Administrator can set Password requirements such as length, allowed characters, etc.
4.12. The User is responsible for reliability and safety specified his Username & Password.
4.13. The User shall not disclose his Username and Password to third parties.
4.14. The User shall notify the Administrator of compromise (risk of compromise) his Username and password to sign in Account, if compromised (risk of compromise) became known in advance to the User.
4.15. All actions performed using the Account are considered to be performed directly by the User. The User is fully responsible for these actions.
4.16. Placing content on the Platform, the User agrees that such content is available to other Platformers/Users to connect with him to make, execute & terminate the Deals.
4.17. If you are registering an Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.18. A legal entity shall provide the Platform Administrator:
· the Power of Attorney for a person who can act on behalf of such a legal entity,
· the foundation documents.
5. The rights and obligations of the Platformers.
5.1. The Traveler uses the Platform for free in any way:
to search for/receive information about Small group adventure trips, Ads,
travel experts & contact with travel experts, guides & Platform
management.
5.2. Travel experts & guides place Ads & content on the Platform for free.
5.3. To do this travel experts & guides shall provide complete and reliable data about its services (offers).
5.4. Platform management determines at their sole discretion whether the content will be placed on the Platform or not.
5.5. Small group adventure trips may involve risks of illness, injury, physical injury, or death. To place content the Platformer shall inform travelers of any risks that they may face.
5.6. The Platformer shall inform travelers all requirements for Travelers, such as age, skills, training level, physics parameters, etc., as well as provide other information necessary and sufficient to participate in the Small group adventure trip (including information about visas, dress code, equipment, special certification or licenses, etc.).
5.7. Travel experts or guides, and other Platformers are solely responsible for their Small group adventure trips (offers) and published Ads (the content).
5.8. Any Platformer is solely responsible for their published content.
5.9. The Platformer uses any equipment and vestment during the trip on his own risk.
5.10. The Platformer shall check the equipment before traveling. Equipment and vestment shall be operable, safe, proper.
5.11. The Platformer shall comply with all laws governing safety, equipment, inspection, and serviceability. The Platformer assumes all risks of damage or loss of the equipment.
5.12. Platformers shall comply with all local laws and regulations about services and activities of tour guides, porters. etc.
5.13. The management and owners of the Platform are not responsible for violations of the laws by Platformers in the course of their activities.
5.14. If the User is traveling with minor children, he is solely responsible for minors when using the Small group adventure trips.
5.15. The Platformer is responsible for understanding and complying with all laws, regulations, and requirements that may apply to the Small group adventure trip; obtaining all necessary licenses, permits, or registration documents for the Small group adventure trip; and complying with any agreements between him and any third party regarding the Announcement and/or organization of the Small group adventure trip.
5.16. The Platformer guarantees the price of any of his tours on the Platform no more than any other place, including but not limited to his website site or his accounts on social networking sites such as Facebook, Instagram, Pinterest, YouTube, Vkontakte, & others.
5.17. If the Platformer finds the same tour from the same Travel Expert in any other place at a lower price within 24 hours after the payment is made and provides a valid link to this information, the Platform Administrator will return the difference between the prices.
5.18. In this case, the Platformer must immediately lower the price of the tour on the Platform and compensate this difference to the Administrator.
5.19. Due to the fact that the Administrator is not a person who provides the technical possibility of continuous access to the Internet for Users and for himself, the Administrator can`t guarantee the constant and continuous availability of the Platform.
5.20. The administrator may restrict the Platform availability to Users its sections or features, if necessary, to maintain the proper bandwidth, security or integrity of its servers, as well as to conduct technical activities.
5.21. The Administrator can improve, modify, expand the Platform, as well as introducing new Services without Users ' consent.
6. Payments Terms of Service
6.1. We provide Payment Services that can be used to acquire services only within a limited network of service providers (only in Platform) or for a limited range of services (tourism content). We do not provide payment agent services anywhere other than this website (Platform). The DIRECTIVE (EU) 2015/2366 of 25 November 2015 (PSD 2) do not apply to our services as a Providing Platformer's payment collection agent.
6.2. Platform Administration may charge fees for use of certain Payment Services and any applicable fees will be disclosed to users via the Platform.
6.3. Each Platformer collecting payment for services provided via the Platform (“Providing Platformer”) hereby appoints Platform Administration as the Providing Platformer’s payment collection agent solely for the limited purpose of accepting funds from Platformers purchasing such services (“Purchasing Platformer”).
6.4. Each Providing Member agrees that payment made by a Purchasing Platformer through Platform Administration shall be considered the same as a payment made directly to the Providing Platformer, and the Providing Platformer will provide the purchased services to the Purchasing Platformer in the agreed-upon manner as if the Providing Platformer has received the payment directly from the Purchasing Platformer.
6.5. Each Providing Platformer agrees that Platform Administration may refund the Purchasing Platformer in accordance with the Terms & Conditions.
6.6. Each Providing Platformer understands that Platform Administration’s obligation to pay the Providing Platformer is subject to and conditional upon successful receipt of the associated payments from Purchasing Platformer.
6.7. Platform Administration guarantees payments to Providing Platformer only for such amounts that have been successfully received by Platform Administrations from Purchasing Platformer in accordance with these Payments Terms.
6.8. In accepting appointment as the limited payment collection agent of the Providing Platformer, Platform Administration assumes no liability for any acts or omissions of the Providing Platformer.
6.9. Each Purchasing Platformer acknowledges and agrees that, notwithstanding the fact that Platform Administration is not a party to the agreement between you and the Providing Platformer, Platform Administration acts as the Providing Platformer’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Platformer.
6.10. Upon your payment of the funds to Platform Administration, your payment obligation to the Providing Platformer for the agreed-upon amount is extinguished, and Platform Administration is responsible for remitting the funds to the Providing Platformer in the manner described in these Payments Terms, which constitute Platform Administration’ agreement with the Purchasing Platformer.
6.11. In the event that Platform Administration does not remit any such amounts, the Providing Platformer will have recourse only against Platform Administration and not the Purchasing Platformer directly.
6.12. In certain situations, customers may be required to enter into unique payment processing agreements with the Company. To the extent that there is a conflict between these Payment Terms and terms and conditions set forth in any relevant payment processing agreement, the latter terms and conditions will take precedence, unless specified otherwise.
6.13. You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction that is your country of residence, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
6.14. Platform Administration reserves the right to modify these Payments Terms at any time in accordance with this provision.
6.15. You authorize Platform Administration to screen you against third party databases or other sources and request reports from service providers.
6.16. We have a legal obligation to collect identity information to comply with anti-money laundering regulations.
6.17. We may (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. Platform Administration reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
6.18. If we make changes to these Payments Terms, we will post the revised Payments Terms on the Platform and update the “Last Updated” date at the top of these Payments Terms.
6.19. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective.
6.20. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.
6.21. You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services, you represent and warrant that you are 18 or older.
6.22. Platform Administration may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.
6.23. We may make inquiries we consider necessary to help verify or check your identity or prevent fraud.
6.24. Managing the platform's payment policy allows you to charge platformers for the platform services.
6.25. The Platformer assumes full responsibility for actions taken before, during and after using the Small group adventure trips and the payment Service.
6.26. In order to use the Payment Services, you must have the Unique Personal Account (Account) in good standing. If you or Platform Administration closes your Account for any reason, you will no longer be able to use the Payment Services.
6.27. To make a Deal and get payment the Platformer (Tour Guide) shall:
a. create a personal account at the Platform,
b. log in to his personal account (#Account),
c. creates an Ad for his Small group adventure trip,
d. specify all main rules & conditions for the tour (including, but not limited to: schedule, travel information, destination, age limit, travel program, requirements for travelers, comments, etc.).
e. attach files to an ad (photos, videos, etc.),
f. respond to messages from Travelers.
6.28. The Platformer (Travel Guide) receives email notifications about new questions from Travelers. After the Platformer (guide) receives notifications, He has 24 hours to confirm or reject the request.
6.29. If the Platformer (guide) does not confirm or reject the request within 24 hours, the booking is not confirmed and the transaction is considered incomplete.
6.30. If the booking is rejected due to the group is completed, the Platformer shall change the information about the tour.
6.31. The Platformer is responsible for providing services immediately after confirming the booking request and receiving a Prepayment from the traveler to the Operator, as the travel expert learns from the notification to the email address and in his personal account.
6.32. The Platformer may post a review about each tour participant after the Small group adventure trip is completed.
6.33. To make a deal and make a payment the Platformer (Traveler) shall:
· provide information about yourself in the Service's feedback forms or register as a Traveler at: https://youtravel.me/reg/tourist;
· log in to the Personal Account after registration or after feedback from the Administrator.
6.34. He shall select available Travel Ads (Offers) on the Platform and books it by "Book a Trip" Button.
6.35. If necessary, before booking a tour, the Traveler may contact the Travel Guide for further details via chat on the tour page or with the Administrator via the feedback form (leaving a phone number for communication), via WhatsApp or email.
6.36. By clicking on the "Book a trip" Button, the Traveler accepts the travel Offers and gets to the payment page. By clicking on the "Pay" Button, the Traveler agrees to the Operator's public offer and goes to the page for making the payment.
6.37. After confirming the offer with an "Analogous handwritten signature" (#AHS) by the second party, it receives the transaction status and goes to the "Pending payment" status.
6.38. Actions related to the conclusion, modification, termination or execution of a deal that is performed by a person authorized under the appropriate User account to access the Protected pages of the Site are considered to be performed by the User himself directly as if they were performed by him personally.
6.39. The Travel Guide can refuse to confirm the booking request within 24 hours from the sending moment.
6.40. The User hereby confirms that he/she is aware that the Payment Operator and other credit institutions as well as other payment services, can set their own fees for accepting payments within the Service. The Administrator, under any circumstances, does not the Users of the payment of such commissions.
6.41. The conditions of money transfer for the travel services are set in the corresponding public offer of the Operator, which is placed under the "Pay" Button and is available to the Traveler for review before transferring funds.
6.42. The Administrator provides services to provide information technology interaction between users and the Operator (information services).
6.43. For the above-mentioned services, the Operator holds a Commission in the amount of 10 (Ten) to 20 (Twenty) percent of the cost of Travel Guides Services at the time the Traveler pays for travel Services.
6.44. The Commission is automatically deducted by the Operator.
6.45. After confirming the reservation, the Traveler is entitled to make a Prepayment or the full cost of the tour via the Platform.
6.46. Any other payment ways are prohibited. In this case, the Travel Guide accepts postpaid cash from the Traveler, bypassing the platform, the Administrator can block the violator's account at its discretion without prior notice.
6.47. The Platform Administrator provides Users with Payment services through the Platform and in connection with It, including the collection, transfer, and payment of funds (hereinafter referred to as "Services" or "Payment services").
6.48. The Administrator may limit access to Payment services or to their individual functions in order to perform technical works that ensure the proper or improved functioning of Payment services.
6.49. The Administrator may improve, expand and modify Payment services, as well as introduce new Payment services.
6.50. Payment services may contain links to third-party sites and web services ("Third-party services"). The Third-Party services work under separate terms and conditions, including the privacy terms, and Users should read them separately.
6.51. The Administrator is not responsible for the Third-Party services, as well as for the content, products or services of Third-Party services.
6.52. The Administrator is not responsible for the links to third-Party services that are placed at Platform.
6.53. To access or use payment services, the Platformer may be required to comply with or accept additional terms and conditions.
6.54. Unless otherwise specified, in the case of a conflict between these Payment Terms and the terms applicable to other Payment services, the Third-Party services shall prevail in relation to the use of or access to these Payment services.
6.55. The Users Verification
To have a Platform Personal Account (#Account) is a mandatory
rule to use Payment services.
6.56. The Administrator and Operator may request any information to identify or verify payer, as well as to prevent fraud.
6.57. Scoring. The Payer allows the Administrator and Operator to search for information about him in third-party databases and other sources, as well as request reports from service providers.
6.58. AML. The Platform may collect personal data because of the Anti-Money Laundering Act.
6.59. Under our Anti-Money Laundering Policy & Privacy Policy, the Administration may require the Platformer to provide an identity document, specify your date of birth, address, and other information; a request to confirm your email address, Payment Method.
6.60. The Administration can check & verify any information about Platformers using third-party databases.
6.61. The Operator may terminate, suspend or restrict access to Payment services if it is impossible to receive or verify personal data of payer.
6.62. Payment methods
6.63. How to add a Payment Method to Personal Account and how to get paid?
6.64. Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Administration is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.
6.65. You authorize Platform Administration to perform the Payment Method verifications, and to charge your Payment Method for any bookings made in connection with your Account.
6.66. You hereby authorize Platform Administration to collect any amounts due, by charging the Payment Method provided at checkout, either directly by Platform Administration or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the Platform.
6.67. When you add a Payment Method or Payout Method to your Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information. You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will depend on the particular Payout Method and may include:
6.68. Your residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor.
6.69. When you add or use a new Payment Method, Administration may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method.
6.70. When you add a Payment Method during checkout, we will automatically save that Payment Method to your Administration so it can be used for a future transaction.
6.71. Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Administration is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.
6.72. The time it takes to receive Payouts once released by Administration may depend upon the Payout Method you select and the Payout Method provider’s processing schedule.
6.73. The User shall provide accurate, reliable & complete information at the time of choosing a payment method. The Administration is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
6.74. The Payer retains the validity of the payment method during the entire payment process. When using some payment methods, the Payer may need to provide information such as domicile, Bank, and other payment details.
6.75. You authorize Administration to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Account.
6.76. If your Contracting Entity's location is different than the country of your Payment Method or your selected currency is different than your Payment Method's billing currency, your payment may be processed outside your country of residence. For example, if you make a booking using a U.S.-issued card, but select Euro as your currency, your payment may be processed outside the U.S. Banks and credit card companies may impose international transaction fees and foreign exchange fees on such international transactions. In addition, if you select to pay with a currency that is different than your Payment Method's billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with you Payment Method, based on an exchange rate and fee amount determined solely by your bank. As a result, the amount listed on your card statement may be a different amount than that shown-on checkout. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
6.77. When you request to book a Listing, Administration may also (i) obtain a pre-authorization via your Payment Method for the Total Fees, (ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.
6.78. By this Terms & Conditions, the User authorizes the Operator to store information about its payment Method and make debits using the specified Payment Method in accordance with these Payment Terms.
6.79. If the Bank information about the payment method changes (account number, bank code, expiration date, etc.) by any reasons, the Operator may receive this information from our financial services partners or the user's Bank, as well as to update the information about the payment method saved on the account.
6.80. The User is solely responsible for the accuracy and completeness of information about the Payment Method.
6.81. The Operator is not responsible for any losses incurred as a result of the User providing incorrect information about the payment method.
6.82. Settlements. You authorize Platform Administration to charge your Payment Method the Total Fees for any booking requested in connection with your Account.
6.83. The Operator provides the User with digital interaction services.
6.84. These services include the collection, processing & transmission of information about transfers & other information through the software.
6.85. The software provides information and technology interaction in accordance with the "Information transfer Regulations" approved by the Operator, as well as the transfer of funds to Recipients in accordance with the procedure and terms established by the Agreement.
6.86. The Platformer (Tour Guide) pays the Operator a fee for services according to the Operator's terms & conditions specified in the personal account of The Platformer (Tour Guide).
6.87. The relations between the Platformer and the recipients of payments, between the Payer and the Recipient, as well as between the Payer and the Credit institution are regulated by agreements concluded between these persons, and are not subject to the regulation of this Terms & Conditions.
6.88. The Operator shall execute the payment from the funds of the Traveler according to the specified Payment Method in the Payment Account of the Small group adventure trip in favor of a travel guide according to the specified Payment Method in the amount of the prepayment, specified when creating his Ad, at a time when travel guide confirms the User request for reservation of the Small group adventure trip.
6.89. The second part of the payment (“postpaid") is charged to the Traveler 3 days before the start of the Small group adventure trip program specified by the Travel Guide (the Providing Platformer).
6.90. The time required for crediting Payments may depend on the selected Payment Method processing schedule set by the payment system.
6.91. The Operator may defer or cancel any Payments to prevent illegal activities or fraud, as well as to ensure security, during the risk assessment or investigation period.
6.92. The payment is transferred by the operator after deducting the Operator's fee and the Administrator's fee and after the operator withholds the Operator's Commission.
6.93. Any commissions (fees) are published in the Travel Guide's Personal account (the Providing Platformer) & are considered as agreed upon from the moment of placing the Ad.
6.94. In the case of the Traveler (the Purchasing Platformer) cancels the reservation after making a Prepayment and/or Postpaid, this sum shall be returned by the Travel Guide (the Providing Platformer) to the Traveler (the Purchasing Platformer) minus all Commission withheld by the Operator.
6.95. The time it takes to receive Payouts once released by Administration may depend upon the Payout Method you select and the Payout Method provider’s processing schedule.
7. Cancelation policy:
7.1. We keep it nice and simple:
· Payment within 48 hours is returned without any fee.
· $100 deposit - Non refundable.
· Remaining balance - 100% refundable until 35 days prior to trip departure. Within 60 days of trip, non-refundable.
7.2. If the tour was canceled due to the fault of the
Travel Guide (the Providing Platformer), the payment is returned in 100% of
amounts without commission.
7.3. The Operator is the travel guide's payment agent from the moment the Guide placed guide’s Ad.
7.4. The Guide (the Providing Platformer) agrees that the payment made by the Traveler (the Purchasing Platformer) through the Operator is equal to the payment as if the payment was made directly to the Guide (the Providing Platformer).
7.8. The Guide (the Providing Platformer) undertakes to provide paid travel services to the Traveler (the Purchasing Platformer, the Payer) in an agreed manner.
7.9. The Travel Guide (the Providing Platformer) is notified that the Operator can return funds to the Traveler (the Purchasing Platformer) in accordance with the Operator's Terms & conditions or legal requirements.
7.10. The Operator guarantees the transfer of Payment only in the amount in which it was successfully received by the Operator from the Traveler.
7.11. Each Traveler (the Purchasing Platformer) agrees that the Operator is not a party to the deal between him and the Travel Guide (the Providing Platformer).
7.12. Each Traveler (the Purchasing Platformer) agrees that the Operator acts as a limited liability agent to collect payments on behalf of the Travel Guide (the Providing Platformer).
7.13. The traveler's obligation to pay for the services of a Travel Guide (the Providing Platformer) is considered fulfilled after the transfer of funds to the Operator.
7.14. If a requested booking is canceled either because it is not accepted by the Travel guide or you cancel the booking request before it is accepted by the Travel guide, any amounts collected by the Platform Administration will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
8. Payment procedure using payment cards
8.1. If the Travel Guide (the Providing Platformer) is an individual, he must have a payment card linked to his personal account. Transfer of funds for services, refund or partial refund of payment using such a card.
8.2. To use the Service, the Traveler (the Purchasing Platformer) shall enter the payment details card each time when making a payment or may "link" the payment card to his / her personal account.
8.3. Funds will be withdrawn from the traveler's Bank card when the card Issuer authorizes the payment.
8.4. After payment, the Travel Guide (the Providing Platformer) is notified of the payment automatically. 8.5. After payment notification, the Travel Guide (the Providing Platformer) shall need to confirm & accept the deal within 24 hours.
8.6. The Travel Guide is obliged to fulfill his obligations in the time and manner specified in the Offer.
8.7. The Travel Guide shall notify the Traveler via the "Transaction completed" Button web service.
8.8. The Traveler shall confirm the Deal execution by clicking the "Deal Execution Confirmed" Button or open a claim against the Providing Platformer by clicking the "Conflict" Button.
8.9. If the Traveler (the Purchasing Platformer) has confirmed the Deal execution the Operator receives an automatic notification to transfer money to the Travel Guide (the Providing Platformer) account.
8.10. If the Traveler has not confirmed the Deal execution and has not claimed to the Travel Guide (the Providing Platformer) the Operator automatically transfers funds to the Travel Guide (the Providing Platformer) account.
8.11. The Travel Guide is responsible for compliance with the deadline set in the Offer and the method of execution of the Deal agreed with the Traveler.
8.12. If your Contracting Entity's location is different than the country of your Payment Method or your selected currency is different than your Payment Method's billing currency, your payment may be processed outside your country of residence. For example, if you make a booking using a U.S.-issued card, but select Euro as your currency, your payment may be processed outside the U.S. Banks and credit card companies may impose international transaction fees and foreign exchange fees on such international transactions. In addition, if you select to pay with a currency that is different than your Payment Method's billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with you Payment Method, based on an exchange rate and fee amount determined solely by your bank. As a result, the amount listed on your card statement may be a different amount than that shown on checkout. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
9. When Travel Guide (the Providing Platformer) violated the deadline of the Deal execution:
· the order shall be cancelled
· the funds shall be returned to the Traveler (the Purchasing Platformer).
9.1. The Administrator may ban and/or limited the Travel Guide's access to the Platform, or delete the travel guide's Personal account and his Offers.
9.2. If the Deal execution does not match the description (content) placed in the Platform the Traveler can open conflict with the Travel Guide using web features the "Conflict" Button.
9.3. When a Traveler claims the Travel-Guide receives a notification to the Personal Account. The notification contains the reasons for conflict (a description, evidence of the service's shortcomings, etc.).
9.4. Within 7 (Seven) calendar days, the parties must reach a mutual solution to the conflict.
9.5. The conflict can be resolved by approving the resolution of the dispute proposed by one of the parties to the dispute by clicking the "Accept" / "Reject" Buttons.
9.6. The parties shall inform the administrator about the solution.
9.7. According to the mutual decision of both Parties, the funds shall be transferred either to the travel guide or returned to the Traveler.
10. Payment Processing Errors
10.1. We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original payout to or payment by you so that you end up receiving or paying the correct amount. This may be performed by Platform Administration or a third party such as your financial institution.
10.2. If Platform Administration is unable to collect any amounts you owe under these Payments Terms, Platform Administration may engage in collection efforts to recover such amounts from you.
11. Currency Conversion
11.1. Platform Administration will process each transaction in the currency the Platformer selects via the Platform.
11.2. The currencies available to make and receive payments for any given transaction may be limited for regulatory or operational reasons based on factors such as the users' selected Payment Method or Payout Method and/or the user’s country of residence or Platform contracting entity(ies).
11.3. Any such limitations will be communicated via the Platform, and you will be prompted to select a different currency, Payment Method or Payout Method. Note that a Platformer’s third-party payment service provider may impose transaction, currency conversion or other fees based on the currency or Payment Method the Platformer selects to make or receive payments, and Platform Administration is not responsible for any such fees and disclaims all liability in this regard.
12. Platform Arbitration Policy.
12.1. If the parties have not settled the conflict, the arbitration is automatically connected to the consideration of the conflict.
12.2. The conflict shall be considered by the Platform Arbitration within 7 (seven) days.
12.3. The Platform arbitration may refuse to consider the conflict or make a decision if the evidence provided by the parties is insufficient.
12.4. The Platform Arbitration decision is the basis for the transfer of funds.
12.5. The Platform arbitration does not consider conflicts based on the law. In order to resolve the conflict then parties are guided by the laws they can apply to the Court.
12.6. Except as expressly provided in these terms, any party's use of any of the available remedies provided for in these terms does not limit the use of other available remedies provided for in these terms or permitted by law.
12.7. The Platformer shall not assign or provide his rights & obligations under these Terms & Conditions to any third party without the prior written consent of the Administrator.
12.8. The Platform Administrator may assign or transfer his rights and obligations under these Terms & Conditions without the consent of the Platformer. To do this The Platform Administrator shall inform the Platformer by the notification to the Platformer`s email 10 days before.
12.9. The User (Platformer) can terminate this Agreement unilaterally at any time by sending a corresponding written notice to the Administrator.
12.10. Unless otherwise specified, all notifications or other messages that are allowed or required to be sent to Users by this Agreement are issued in electronic form and sent by the Administrator by e-mail, through publication on the Platform or by sending messages.
12.11. The user's refusal to use the Service and/or deletion of the content does not terminate the non-exclusive rights of the Administrator to the User's content that was used by the Administrator before the decision was made to unilaterally refuse to execute the Agreement.
12.12. The User uses the Platform all over the world if this does not conflict with the legislation of the country of the User's location.
12.13. The Terms & Conditions come into force for the User from the moment of his accession & valid for an indefinite period.
13. Intellectual Property Policy
13.1. All rights to the Platform YouTravel.me, including, but not limited to, software, databases, interface, technical, logo, trademark, brand book & any other means of individualization used on the Platform belong to the Owner YouTravel.me OU .
13.2. Any components of the Platform shall not be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred, sold or otherwise used in whole or in parts without the prior written permission of the owner, except as provided by the Agreement or legislation.
13.3. YouTravel.me (Platform) is an online Platform provides web services allow users to place their content. So, all content on YouTravel.me is user-generated content. All rights to users' content belong to Users and are equally protected by law.
13.4. The User provides a free non-exclusive right to use his content by viewing, reproducing (including copying), processing (including printing copies) and other rights solely for the purpose of personal non-commercial use by third parties.
13.5. The User provides the Administrator a non-exclusive right to use the user`s content for the purpose of the functionality, design, interface, architecture of the Platform, etc.
13.6. The User provides the Administrator a non-exclusive right to use the content as promotional materials (advertising), including for promoting the Platform on third-party information resources.
13.7. This non-exclusive right is provided for the entire duration of the exclusive right, including the right to reproduce the content, as well as to process the content, including by including it in a complex object or composite work, subsequent display, communication to the public, cable messages, etc. & extends its effect to the territories of countries around the world.
13.8. The Administrator has the right to transfer the rights specified in this paragraph to third parties.
13.9. The end of the period for placing content on the Platform and/or the expiration of a non-exclusive right does not entail the need to withdraw promotional materials (advertising materials) from circulation.
13.10. Nothing provides the User rights to use the platform's logo, brand name, trademarks, domain names, or other distinctive marks anywhere.
14. Termination
14.1. The agreement shall terminate if:
14.2. The User (Platformer) decides to stop using the Platform by sending the notification to the Administrator (through Platform interface).
14.3. The administrator decides to terminate the Agreement unilaterally out of court with immediate termination of access and use of the Platform & without compensation for any costs or losses.
14.4. For instance, the administrator can make such a decision in case of closing the Platform: in the case of violation of the terms & conditions.
14.5. In addition to the legislation and the agreement, the Administrator is guided by the business traditions & practices.
14.6. The failure of any Party to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time or times thereafter.
14.7. The Parties declare that they each have the right, power and authority and have taken all action necessary to execute and deliver, and to exercise their rights and perform their obligations under this Agreement.
15. Feedback
15.1. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”).
15.2. You may submit Feedback by emailing us, through the “Contact” section of the Platform.
15.3. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
16. Liability
16.1. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment & other Services remains with you.
16.2. If you permit or authorize another person to use your Account in any way, you are responsible for the actions taken by that person.
16.3. Neither Platform Administration nor any other party involved in creating, producing, or delivering the Payment Services 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 (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Administration 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.
16.4. Except for our obligations to pay amounts to applicable Providing Platformers pursuant to these Payments Terms or an approved payment request, in no event will Platform’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment & other Services including, but not limited to, from your use of or inability to use the Payment Services, exceed the amounts you have paid or owe for bookings via the Platform.
16.5. 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. If you reside outside of the U.S., this does not affect Platform liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
16.6. To the maximum extent permitted by applicable law, you agree to release, defend (at Platform option), indemnify, and hold Platform 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 (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) Platform’ Collection and Remittance of OccAccountncy Taxes; or (iv) your breach of any laws, regulations, or third-party rights. If your country of residence is in the EEA, the indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
16.7. If you choose to use the Platform or Collective Content, you do so voluntarily and at your sole risk. The Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
16.8. You agree that you have had whatever opportunity you deem necessary to investigate the Services, laws, rules, or regulations that may be applicable to your Ads or Services you are receiving and that you are not relying upon any statement of law or fact made by relating to a Ads.
16.9. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
16.10. Notwithstanding Platform appointment as the limited payment collection agent of Providing Platformer for the purposes of accepting payments from Purchasing Platformer through the Platform, Platform explicitly disclaims all liability for any act or omission of any Platformer or other third parties. The platform does not have any duties or obligations as agent for each Providing Platformer except to the extent expressly set forth in Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
16.11. If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
16.12. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17. Additional Clauses for Users that are Businesses.
17.1. The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payment Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
17.2. You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.
17.3. You and your Representative individually affirm that you are authorized to provide the required information and your Representative has the authority to bind you to these Payment Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
17.4. You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power and authority to enter into this Agreement, perform your obligations, and grant the rights, licenses, and authorizations in this Agreement.
17.5. If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with Platform for Work, as permitted by your account, you authorize Platform to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.
17.6. For any Payout Method linked to your Account, you authorize Platform to store the Payout Method, remit payments using the Payout Method for bookings associated with your Account and take any other action as permitted in the Payment Terms in respect of the Payout Method.
17.7. If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance.
18. Applicable Law and Jurisdiction
18.1. This Agreement shall be governed by, and construed in accordance with Estonia legislation.
18.2. Any Dispute referred for resolution by arbitration shall be referred to and finally settled by arbitration under the Rules of the European legislation. The language to be used in the arbitral proceedings shall be English.
18.3. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Platform Administration each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Platform’s user services team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.
18.4. Agreement to Arbitrate. You and Platform Administration mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Platform Administration agree that the arbitrator will decide that issue.
18.5. Exceptions to Arbitration
Agreement. You and Platform Administration
each agree that the following claims are exceptions to the Arbitration
Agreement and will be brought in a judicial proceeding in a court of competent
jurisdiction: (i) Any claim related to actual or threatened infringement,
misappropriation or violation of a party’s copyrights, trademarks, trade
secrets, patents, or other intellectual property rights; (ii) Any claim seeking
emergency injunctive relief based on exigent circumstances (e.g., imminent
danger or commission of a crime, hacking, cyber-attack).
18.6. Jury Trial Waiver. You and Platform acknowledge and agree that we are each waiving
the right to a trial by jury as to all arbitrable Disputes.
18.7. No Class Actions or
Representative Proceedings. You and Platform Administration acknowledged and
agree that, to the fullest extent permitted by applicable law, we are each
waiving the right to participate as a plaintiff or class member in any
purported class action lawsuit, class-wide arbitration, private attorney
general action, or any other representative proceeding as to all Disputes.
18.8. Further, unless you and Platform Administration both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court.
18.9. If the “private attorney general action” waiver or the “representative proceeding” waiver is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Platform Administration agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
Administrator is YouTravel.me OU Owner is YouTravel.me OU
Annex 1 to the Agreement
List of Goods and Services that are prohibited from advertising, distribution, publishing or sale using Youtravel.me