TERMS AND CONDITIONS
The "Hosts" who use the services offered by this website "Platform" declare to know and accept the present Terms and Conditions.
The "Users" who book the services offered by the hosts on this website "Platform" declare to know and accept the present Terms and Conditions.
The owner of this Web Platform is Tradler Vacations S.L. Further referred as ?Tradler?, located in CarrerProvenca 288 1'2' Barcelona, email address: firstname.lastname@example.org.
ABOUT TRADLER, SCOPE OF CONTRACT
Tradler.vacations is a global platform that connects travellers with the best fitting activity for them, ensuring a personalized touch on their holiday destinations.
To be able to sell their Activities on tradler.vacations the hosts must access the Platform with their credentials, create an offer of Activities, and wait for the approval of Tradler.
In order to purchase the Activities of the hosts, Users must access to the Platform with their credentials, choose and book an Activity.
WITHDRAWAL AND CANCELLATION OF ACCOUNT
Registered Users can delete their account and stop using the Platform Tradler at any time, through the interface of Tradler or by contacting Tradler.
Tradler, in case of violation of these Terms, has the right to suspend or terminate the accounts of any User, at any time and without notice.
CONTENT PROVIDED BY MEMBERS OF THE PLATFORM
Users and Hosts are solely responsible for the content, theirs and of any third party, they share on this Platform in any way. Users and Hosts relieve Tradler from any liability in connection with the illicit spread of third-party contents, or with the use of this Platform in a manner contrary to the law.
Tradler does not control or edit the contents published and posted by the Users, including that sent via any other communication forums. Tradler reserves the right to cancel, at its sole discretion, without notice, messages of Users and Hosts and / or contents published and posted on the Platform. Tradler reserves the right to intervene in case of reports of Hosts or orders issued by public authorities in relation to content considered offensive, illegal or contrary to the law.
SALE OF ACTIVITIES
Hosts can publish on the Platform, upon the approval of Tradler, their activities in the number they prefer and at no registration cost. To this end, they must provide all the information requested in the section of the Platform specifically created for the publication of activities (for example: itineraries, description, price, duration, days of availability, activity prefence tabs etc.).
Hosts are directly and solely responsible for the veracity and accuracy of the information provided when publishing activities. The necessary prior approval of Tradler is aimed at mere verification of compliance to the corporate mission of Tradler. indicated in the related section of the site.
Hosts are not allowed to publish on this Platform: surnames, personal contacts of any kind, Trademarks and brands related to commercial activities of any kind, even and especially if relevant to the activities advertised on Tradler.vacations.
By adhering to these Terms, the Hosts declare to respect all the legal requirements related to the performance of each of the activities they publish on the Platform Tradler.vacations (for example: administrative, tax, labor and social security). In particular, they declare to be in possession of licenses, permits, authorizations, and any other act or measure needed to carry out each of the activities published on the Platform Tradler.vacations. Hosts are solely responsible for any consequences that may arise from the violation of such regulations.
Tradler provides a service to the Hosts, and is not responsible for the content of the activities, their conduct, or violation of the relevant sector regulation.
The activities will always offer and promote verified information according to the real activity, in terms of price, quality, activity development, duration, and any other published aspect.
Tradler reserves the right to analyse and check the operation and quality of the published information about the activities (pictures, videos, location?) and, if needed, to expel those activities which do not meet the minimum quality and safe requirements established by it.
ROLE OF TRADLER
Tradler does not interfere in any way, nor check the execution of the activities offered by the Hosts. Hosts accept the task of defining in advance the methods of implementation of the Activities, through the description of the Activities.
Given the opportunity to use the Platform and take advantage of the services related to it, the Hosts recognize Tradler a percentage of the total payment received by every booking in relation to the activities advertised on the Platform.
Towards the Hosts, Tradler operates as a service provider, not assuming the role of agent or broker.
PURCHASE OF ACTIVITIES
Users can book and buy the Activities advertised on the Platform (eg. Vintage shopping tour, street art tour, horseback riding tour, scuba diving, museum ticket etc.) by making explicit booking inquiry to the individual suppliers of the Activities, the hosts.
The benefits obtained from a purchase of an activity announced in the platform will be Split this way:
- -90% of the benefits will go to the activity owner
- -10% of the benefits will go to Tradler
Activities will be divided in:
?Verified?: those activities that have been checked in situ by the responsible Chieftain, or have been purchased 10 or more times in a month, or have reached 20 purchases in total with no time limit.
?Unverified?: activities that have not been checked by the Chieftain or have not reached the number of purchases stated beforehand.
The Verified activities will receive the payments of the purchases 48 hours after the activity has been executed along with the correct operation, time and requisites of the bank transfers (national and international). On the other hand, the Unverified activities will receive the payments up to a week after the activity has been done, and its correct development has been validated by Tradler.
Upon the booking inquiry, the user provides the payment data (eg. Number of credit card) and authorizes the payment. If the verification of the financial means has a positive outcome, the booking request is forwarded to the hosts, although Tradler does not proceed to charge any amount until the final confirmation of availability by the Hosts.
At the time of the final confirmation of availability by the host, the amount previously authorized is automatically charged to User, and the booking is considered completed. The User will receive the confirmation of the reservation at the email address provided during registration.
If The Host does not confirm the booking inquiry within 48 hours from the request, the inquiry shall be considered rejected for all purposes, and no cost will be charged to The user.
Tradler withholds the amount paid by The user as a security deposit until 48 hours after the performance of the Activity. At that time, the amount is transferred to The Host as price of the Activity, unless otherwise specified by the present Terms and Conditions.
The following conditions apply to all activities posted on Tradler.vacations and approved by Tradler.
- Cancellation request from 0 to 48 hours prior to the activity: no refund.
- Cancellation request From 48 hours uptill 14 days prior to the activity: 80% refund. The remain 20% will be split in 15% for the host and 5% for Tradler.
- Cancellation request more than 14 days prior to the activity: 100% refund
- In case of a booking including entrance tickets, the price of such tickets will not be refundable in case they have already been purchased at the time of the cancellation request
Hosts wishing to cancel a confirmed reservation must be done in the platform.
More than 48 hours prior to the activity 100%will be refunded to the User.
Less than 48 hours prior to the activity 100% will be refunded to the User as well the Host will get a penalty of an overall deduction of 5% in his compatibility score for the next 30 days. The Deduction starts from the day the host cancels and automatically stops after 30 days. In the case the Hosts cancels more than once in this month the 5 % will be deducted for every single booking cancelation, both with their own starting and ending date.
ACTIVITIES DEPENDENT ON THE WEATHER
Where explicitly specified in the description, the performance of some activity is subject to certain weather conditions. In the event of weather conditions that prevent the carrying out of the booked Activity, The Host proposes an alternative date for the activity to The User, or a variation of contents. The User, therefore, can choose whether to accept the alternative proposal, or receive a 100% refund on the price of the Activity.
LIABILITY AND INDEMNITY
Tradler does not assume the role of Agent or Broker, nor can it be recognized responsible for the fulfilment of the obligations taken by the Users using the Platform. Tradler does not take part in the economic and contractual relationship that exists between the Hosts and the Users.
Users agree to indemnify Tradler (as well as any Tradler subsidiaries or affiliates, representatives, directors, agents, licensors, partners, and employees) from any obligation or liability, including any legal costs incurred to defend themselves in court, which may arise in relation to the activities advertised on Tradler.vacations, against damage caused to other users or third parties, or as a result of the violation of the law or the terms of these Terms and Conditions.
Users are exclusively responsible for maintaining appropriate behaviour during any activity. Tradler takes no obligation (for example: payments of compensation or incurring any cost or expense) for the eventuality of a Local deciding to terminate the activity because of the inappropriate behaviour of The Users.
Users and Hosts are solely responsible for any damage to persons or things they may cause. Users and Hosts shall reimburse the full cost of the damage caused to the subjects who suffered the damage. Users and Hosts will also have to compensate Tradler for any claim made against it by third parties as a result of the mentioned damage.
Tradler guarantees the actual carrying out of the Activity, therefore has the obligation to return the amount previously paid by The User in the event of unjustified failure to carry out the Activity, provided that The User notifies it within 24 hours after the execution of the Activity. The guarantee does not cover the event of non-performance caused by The User (e.g. no-show, unpreceded by the request of cancellation of the Activity according to the conditions of repayment).
In the event that, as a result of any circumstance, The Host is unable to meet The User and carry out the Activity, Tradler assumes no responsibility, with the only exception of the mentioned guarantee repayment. The Host will be solely responsible for any consequences that may arise as a result of non-performance of the Activity.
In any case, and subject to compliance with the legal limits, Tradler is not responsible for: (a) loss of profits, customers or reputation; (b) damages of any kind caused directly or indirectly by the Users; (c) errors in the information published on the Platform (by way of example: comments, profiles, description of activities, prices displayed, durability, availability) by the Users; (d) the carry out of activities advertised on the Platform; (e) damages, losses or expenses suffered by Users and caused by errors, infringements, negligence, willful misconduct, omissions, incompleteness, misrepresentation, non-contractual liability objective, including any kind of cancellation (total or partial), strikes, acts of God and any circumstances beyond its control.
Tradler will not be in any case responsible for damages of any type that could be caused by the realization of an Activity.
Users buy Activities directly from Hosts at the price set by them. The amounts published include VAT and other applicable fees.
Upon The Host's confirmation of availability for the date requested by The User, the amount pre-authorized is charged and the reservation is considered completed. Tradler withholds the amount, and transfers it to The Host 24 hours after the completion of the Activity, retaining the agreed commission for the use of the Platform services, unless otherwise specified by the Terms and Conditions.
COMMUNICATIONS AND MESSAGING
Users and Hosts commits to keep their contact e-mail updated, as it is only through that e-mail that Tradler sends the communications relating to the use of the Platform.
The Hosts commit to communicate with Travellers exclusively via email.
By accepting the present Terms and Conditions, the Users agree to use the messaging system only to send messages related to the Activities advertised on the Platform.
It's absolutely forbidden to:
- Send messages that can be considered offensive by other users or third parties, such as communications that promote racism, bigotry, hatred, physical violence against any group or individual, or any messages considered illegal or otherwise contrary to the present Terms and Conditions;
- Send messages that harasses or advocates harassment of another person;
- Send messages involving the transmission of advertising correspondence (e.g. Chain letters, unsolicited email or "spam");
- Send messages that can be considered defamatory or libelous;
- Send messages containing information that the User knows to be false or misleading;
- Send messages that promote or contain illegal copying and unauthorized third party works protected by copyright;
- Send messages that provide instructions about illegal activities such as, for example, making or buying illegal weapons, violating the right to privacy of others, or creating computer viruses;
- Send messages that constitute or encourage conduct that would be considered a criminal offense, or that give rise to civil liability, or otherwise qualify as conduct contrary to the law or detrimental to the rights of any person in any country in the world;
- Send messages related to the exercise of commercial activities without the prior written consent of Tradler, such as contests, sweepstakes, barter, advertising, and pyramid schemes.
It's also forbidden to exchange messages that include personal contact of any nature, reference to a website and / or business activities other than the object of these General Conditions.
Tradler reserves the right to modify at any time the contents of the foregoing list, at its sole discretion, as well as to carry out investigations and bring legal action against those who violate its provisions, including, by way of example, removing an offensive expression and interdicting the responsible for such violations by the use of the Site.
Users and Hosts are not allowed to:
- Perform reverse engineer, decompile, disassemble, modify or create derivative works based on this Platform or any portion of it;
- Work around the computer systems used by this Platform or its licensors to protect content accessible through it;
- Copy, store, edit, change, prepare derivative works of, or alter in any way any of the content provided by this Platform;
- Use any robot, spider, site search application / procurement sites, or any other device, process or automated means to access, retrieve, making scraping or index any portion of this Platform or its contents;
- Rent, license or sublicense this Platform;
- Use this Platform in any other improper manner as to violate these Terms.
RESALE OF SERVICE
Users and Hosts are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of this Platform and its services without the express permission by Tradler, guaranteed directly or through a specific reseller program.
COPYRIGHT AND LICENSE AGREEMENT
All trademarks Application, figurative or names, and other marks, trade names, service marks, word marks, trade names, pictures, images, logos and content appearing on this Platform are and remain the exclusive property of Tradler or its licensors and are protected by trademark laws and relevant international treaties.
Any content posted by third parties on the Platform can be used without restrictions by Tradler for the promotion of the services of Tradler.vacations.
Users claim to be of legal age according to the governing law. Underage people may use this application only with the assistance of a parent or guardian.
CHANGES TO THESE TERMS
Tradler reserves the right to make changes to these Terms and Conditions at any time, upon notice to the User, by publishing them on this Platform.
The Users who continue to use this Platform after the publication of the changes accept without reservation the new Terms and Conditions.
ASSIGNMENT OF CONTRACT
Tradler reserves the right to transfer, assign, novate or sub-contract all or any of the rights or obligations assumed under these Terms, provided that the rights of the User are not affected.
The Users may not assign or otherwise transfer the rights or obligations assumed under these Terms without the written consent of Tradler.
GOVERNING LAW AND JURISDICTION
These Terms and all disputes relating to the performance, interpretation and validity of this contract are subject to the Spanish law. The Users hereby accept the jurisdiction of the Court of Barcelona.