PAYMENTS TERMS OF SERVICE
Tripandadventure.com is a global online marketplace for tourism and hospitality services, connecting in one place Accommodation Owners, OTA and other Businesses in tourism sector with travelers from all around. Please read the following Payment terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services, you agree to comply with and be bound by these Payments Terms of Service.
By visiting TripandAdventure’s website,www.tripandadventure.com , or using a TripandAdventure application (an “Application” or “App”) on a mobile phone, tablet, or similar device (a “Device”) or in connection with other sites or services, you are accepting the practices described herein.
SCOPE AND USE OF THE PAYMENT SERVICES
- TripandAdventure provides payments services to Members and Partners, Guests and Hosts, including payment collection services, payments and payouts, in connection with and through the TripandAdventure Platform (“Payment Services”).
- TripandAdventure may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. TripandAdventure may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
- The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. TripandAdventure is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by TripandAdventure of such Third-Party Services.
- Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
“Country of Residence” and “Country of Operation” means the jurisdiction associated with your TripandAdventure Account as determined by TripandAdventure’s assessment of your residence using various data attributes associated with your TripandAdventure Account.
“Country of Operation” means the jurisdiction associated with your TripandAdventure Account as determined by TripandAdventure’s assessment of your legal operation as a Legal Entity and using various data attributes associated with your TripandAdventure Account.
“Payout” means a payment initiated by TripandAdventure to a Member for services (such as Listing Fees or Co-Host Services Fees) performed in connection with the TripandAdventure Platform.
“Payment Method” means a financial instrument that you have added to your TripandAdventure Account, such as a credit card, debit card, or PayPal account.
“Payout Method” means a financial instrument that you have added to your TripandAdventure Account, such as a PayPal account, direct deposit, a prepaid card, or a debit card (where available).
ELIGIBILITY, MEMBER VERIFICATION
- 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.
- If you are agreeing to these Payments 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 Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
- TripandAdventure 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.
- We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize TripandAdventure to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (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. TripandAdventure 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.
In order to use the Payment Services, you must have an TripandAdventure Account and If you or TripandAdventure closes your TripandAdventure Account for any reason, you will no longer be able to use the Payment Services.
You may authorize a third party to use your TripandAdventure Account in accordance with the TripandAdventure Terms. You acknowledge and agree that anyone you authorize to use your TripandAdventure Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
GENERAL FINANCIAL TERMS
We reserve the discrete right to change our fees and commissions at any time without any prior notice to you. Please review these Payments terms and conditions before using our Services.
You authorize TripandAdventure to collect from you amounts due pursuant to these Payment Terms or the TripandAdventure Terms. Specifically, you authorize TripandAdventure to collect from you:
- Any amount due to TripandAdventure (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Co-Payer, Host or Co-Host or user of the TripandAdventure Platform), including reimbursement for costs prepaid by TripandAdventure on your behalf, by charging any Payment Method on file in your TripandAdventure Account (unless you have previously removed the authorization to charge such Payment Method(s)) or by withholding such amounts from your future Payouts. Any funds collected by TripandAdventure will set off the amount owed by you to TripandAdventure and extinguish your obligation to TripandAdventure.
- Any amount due to a Providing Member from a Purchasing Member which TripandAdventure collects as the Providing Member’s payment collection agent.
- Taxes, where applicable and as set out in Our Terms.
- Any amount paid in connection with your TripandAdventure Account. TripandAdventure may do so by charging the Payment Method associated with the relevant booking, or any other Payment Method on file in your TripandAdventure Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding the amount from your future Payouts.
- Overstay Fees payable under Our Terms. In addition, TripandAdventure may recover any costs and expenses it incurs in collecting the Overstay Fees by charging any Payment Method(s) you have on file in your TripandAdventure Account (unless you have previously removed the authorization to charge such Payment Method(s)).
- Any Service Fees or cancellation fees imposed pursuant to Our Terms. (e.g., if, as a Host, you cancel a confirmed booking). TripandAdventure will be entitled to recover the amount of any such fees from you, including by subtracting such refund amount out from any future Payouts due to you.
- Fees improperly paid to you as a Host or Co-Host. If, as a Host or Co-Host, your Guest cancels a confirmed booking or TripandAdventure decides that it is necessary to cancel a confirmed booking, and TripandAdventure issues a refund to the Guest in accordance with Our Terms., or other applicable cancellation policy, you agree that in the event you have already been paid, TripandAdventure will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
- Fees, costs and/or expenses associated with a Damage Claim, including any Security Deposit, as set out in the Our Terms. If TripandAdventureis unable to collect from your Payment Method used to make the booking, you agree that TripandAdventuremay charge any other Payment Method on file in your TripandAdventure Account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)). TripandAdventure also reserves the right to otherwise collect payment from you and pursue any remedies available to TripandAdventurein this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the TripandAdventure Host Guarantee.
- Fees payable by Co-Payers as part of the Group Payment Service by charging any Payment Method on file in your TripandAdventure Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding such amounts from your future Payouts. Any funds collected by TripandAdventurewill set off the amount owed by you to TripandAdventure and extinguish your obligation to TripandAdventure.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
PAYMENT AND PAYOUT METHODS
- When you add a Payment Method or Payout Method to your TripandAdventure Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to TripandAdventure or its third-party payment processor(s). 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:
- When you add or use a new Payment Method, TripandAdventure 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. When you add a Payment Method during checkout, we will automatically save that Payment Method to your TripandAdventure Account so it can be used for a future transaction.
- 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 TripandAdventure 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.
- You authorize TripandAdventure 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 TripandAdventure Account.
- You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. TripandAdventure is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
FINANCIAL TERMS FOR HOSTS
- TripandAdventure will collect the Total Fees from a Guest at the time the Guest’s booking request is accepted by the host or a booking service provider , or at any other time mutually agreed between the Guest and TripandAdventure Payments.
- In order to receive a Payout you must have a valid Payout Method linked to your TripandAdventure Account. TripandAdventure will generally initiate Payouts to your selected Payout Method:
- for Accommodations, after 10 days of the Guest’s scheduled check-in time (if the check-in time is flexible or not specified , check-in time will be considered 3:00pm local time – or 3:00pm UTC if local time is unknown);
- for Experiences, Events and other Bookings, after 10 days of the start of the Experience, Event or Booking; and
- for all other Host Services at the time specified via the TripandAdventure Platform. In certain jurisdictions or instances, TripandAdventure may offer you a different time or trigger for payment. For example, in certain cases, eligible Hosts may be able to receive a Payout for a booking prior to the Guest’s scheduled check-in. Any such alternative Payout option may be subject to additional terms and conditions.
- if you have reached the minimum amount of 100 Euro (or the equivalent in any other currency according to our Currency Conversion Policy) for the Bookings from your listings.
- if you have requested us via our Platform to make a payout based on our Payment Terms and our Payout Conditions. Otherwise, if you do not request us for payouts in certain described above terms and conditions, we will automatically release payouts to you on monthly basis (once per month).
- The time it takes to receive Payouts once released by TripandAdventure may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. TripandAdventure may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
- Your Payout for a booking will be the Listing Fee, less applicable Host Fees, Payout fees and Taxes if any.
- We apply Host fee free platform, where our Hosts can use our platform and services to monetize their properties and services.
- We apply a Payout fee 5%, which is used to cover the banking and transaction fees for our payouts to Members, Hosts and Business partners.
- In the event of a Guest’s cancellation of a confirmed booking, TripandAdventure will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.
- TripandAdventure will remit your Payouts in your currency of choice, depending upon your selections via the TripandAdventure Platform. Amounts may be rounded up or down as described in the TripandAdventure Terms.
- For compliance or operational reasons, TripandAdventure may limit the value of each individual Payout. If you are due an amount above that limit, TripandAdventure may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.
TripandAdventure will provide Hosts with a statement, on a monthly basis upon completion of the calendar month, for all bookings consumed during the prior month. Partner shall provide TripandAdventure notice of any cancellation or modification to the bookings in such statement by the 5th day of next month for the previous month.
Depending on the payment method selected by the Host (and agreed with TripandAdventure), TripandAdventure will charge Host for commissions and all undisputed bookings between the 1-st and 10-th day of next month for the previous month and the Invoice should be paid by the Host within 20 days from the day of Invoice and not later than the 25-th date of the month.
TripandAdventure may immediately remove Hosts Listings in the event of non-payment by Host Partner within the applicable time period. All unpaid amounts will accrue interest at the rate of 1.5 percent per month or the legal maximum rate, whichever is less, until paid in full.
Financial Audit Rights
Each party will keep at its office (as specified at the start of the Agreement) full and accurate records of all financial transactions related to Instant Booking, in accordance with generally accepted accounting practices (the “Records”). The Records will be open for examination at all reasonable times to the other party, or the other party’s representatives, upon reasonable notice to the party, for the purpose of verifying information related to Partner’s reservations. Each party will be limited to one such examination per year. All Records will be retained by each party for examination for a period of not less than three (3) years following the date of the last reservation transaction under the Agreement.
Taxes and VAT.
Hosts/Partners shall include in their prices they set for their listings in our platform, all the tax rates and VAT applicable to their Country of operation and they are fully responsible for remitting and paying such taxes to the applicable taxing authorities and according to the proper laws.
TripandAdventure is responsible for remitting and paying only its own taxes rates and VAT to the applicable taxing authorities and according to the laws.
FINANCIAL TERMS FOR GUESTS
- You authorize TripandAdventure to charge your Payment Method the Total Fees for any booking requested in connection with your TripandAdventure Account. TripandAdventure will collect the Total Fees in the manner agreed between you and TripandAdventure via the TripandAdventure Platform.
- TripandAdventure will generally collect the Total Fees after the Host accepts your booking request.TripandAdventure may offer alternative options for the timing and manner of payment. Any additional fees for using offered payment options will be displayed via the TripandAdventure Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option.
- Guests pay a Processing Service fee 15%, and any other fees, as set and defined by Hosts and Booking Partners, which are automatically added on to the total amount of their booking. The fees vary on the total amount of the booking and are shown to the guests during their booking checkout.
- If TripandAdventure is unable to collect the Total Fees as scheduled, TripandAdventure will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.
- When you request to book a Listing, TripandAdventure 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.
- If a requested booking is cancelled either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by TripandAdventure 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.
Any refunds or credits due to a Member pursuant to the TripandAdventure Terms will be initiated and remitted by TripandAdventure Payments.
All refunds may be subject to the TripandAdventure Payment Terms, TripandAdventure Cancelation Policy, and TripandAdventure Terms in General. If a Guest or TripandAdventure decides for any reason to cancel a confirmed booking pursuant to the TripandAdventure Terms, you agree that TripandAdventure will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Payments Terms.
PAYMENT PROCESSING ERRORS
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 TripandAdventureor a third party such as your financial institution.
If TripandAdventure is unable to collect any amounts you owe under these Payments Terms, TripandAdventure may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made via our Platform, by electronic mail or by phone, as provided to TripandAdventure and/or TripandAdventure by you. Such communication may be made by TripandAdventure, or by anyone on their behalf, including but not limited to a third-party collection agent.
CIRCUMSTANCES NOT COVERED UNDER THIS POLICY
We will not provide any reimbursement for loss of funds due to circumstances that are not included in the Covered Circumstances. For clarification, we will not cover losses in any of the following circumstances (which is not an exhaustive list).
- Any indirect losses; losses associated with travel arrangements, such as airfare or other transportation costs; opportunity losses; contractual losses; consequential losses; losses due to the weather or natural disasters; any losses other than the Qualifying Payment (subject to the Coverage Limit).
- If we or the Owner offer you alternative accommodation in lieu of the Rental and you accept the alternative accommodation (which will be inferred if you stay at least one night at such alternative accommodation), you will not be able to claim in respect of any sums paid for the original Rental.
- Any Security or damage deposits or other funds paid to the Owner using the Platform that are not returned due to damage or non-compliance with the Owner’s booking contract and/or cancellation policy.
- Any payments made in cash, or by cheque or wire transfer, or using any other type of payment service other than via the Platform.
- If you have a close personal connection with the Owner, for example, you are friends or members of the same family.
- Payments you make after we notify you that the Rental is fraudulent or has been removed from the Website.
- In relation to a Rental with Material Differences or Defects, where you fail to notify us no later than the first day of your rental period and you do not vacate the Rental by midnight on the day of check-in.
TripandAdventure will process each transaction in the currency the Member selects via the TripandAdventure Platform. 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 Member’s selected Payment Method or Payout Method and/or the Member’s Country of Residence or TripandAdventure contracting entity(ies). Any such limitations will be communicated via the TripandAdventure Platform, and you will be prompted to select a different currency, Payment Method or Payout Method. Note that a Member’s third-party payment service provider may impose transaction, currency conversion or other fees based on the currency or Payment Method the Member selects to make or receive payments, and TripandAdventureis not responsible for any such fees and disclaims all liability in this regard.
Currency quotes may not be updated on a daily basis. The information supplied is believed to be accurate, but the TripAdvisor Companies do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between TripandAdventure and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between TripandAdventure and you regarding the Payment Services.
No joint venture, partnership, employment, or agency relationship exists between you or TripandAdventure as a result of this Agreement or your use of the Payment Services.
If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
TripandAdventure Payments’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without TripandAdventure Payments’ prior written consent. TripandAdventure may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
This Agreement does not and is 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 this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.
Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by TripandAdventure via email, TripandAdventure Platform notification, or messaging service.
CHANGES AND MODIFICATIONS TO THESE TERMS
TripandAdventure reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the TripandAdventure Platform and update the “Last Updated” date at these Payments Terms. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. 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.
HOW YOU CAN CONTACT US
Last Modified: 20th November 2018