User Terms

by Travel Creators Team

User Terms

These User and Tour Guest terms ("User Terms") supplement the Company’s Website Terms of Use (the “Website Terms”). While the Website Terms govern the User’s use of website, these User Terms govern your use of the website to book Creator Services and constitutes a legally binding agreement ("Agreement") between you, the Creatorand Travel Creators. If you complete a Booking, you will have access to parts of the Platform.

When these User Terms mention “Travel Creators,” “we,” “us,” “our,” or “Company” it refers to Travel Creators, when these User Terms mention “you” it refers to a User or Tour Guest.

Our collection and use of personal information in connection with your access to and use of the Platform is described in our Privacy Policy and is subject to our Website Terms and Acceptable Use Policy.

Disclaimer

If you choose to use the Travel Creators Website to book a Creator Service, you do so voluntarily and at your sole risk. TheTravel Creators Website is provided “as is”, without warranty of any kind, either express or implied.

You agree that by booking a Listing in respect of a Creator Service, you are contracting directly with the Creators and Travel Creators is not and does not act as agent, in any capacity whatsoever and is not and does not become a party in any contractual relationship between Creators and Users is not entering into an agreement between with you.

You agree that you have had whatever opportunity you deem necessary to investigate the Travel CreatorsWebsite, Creators Services, laws, rules, or regulations that may be applicable to the Listing you wish to book and that you are not relying upon any statement of law or fact made byTravel Creators in relation to booking a Listing.

By booking a Creators Service, you acknowledge and accept these User Terms.

Travel Creatorsreserves the right to modify these User Terms at any time. If we make changes to these User Terms, we will post the revised User Terms on the Platform and update the “Last Updated” date at the top of these User Terms. Your continued access to or use of the Platform will constitute acceptance of the revised User Terms.

1. Definitions

Acceptance Email means an email sent to the User advising them that the Booking Request has been accepted by a Creators;

Accepted Booking means the Booking Request which has been accepted by a Creators pursuant to an Acceptance Email and the User has completed payment for the Creators Service as instructed by the Acceptance Email;

Additional Guest means additional guests who are participating in a CreatorsService, where such Creators Service has been booked by a User and the attendance of such additional guests has been approved by the Creators;

Application means any mobile, tablet and other smart device applications and application program interfaces which the Company may make available from time to time,

Booking Management System means the platform to which Users wishing to book a particular Listing are directed to from the Website;

Booking Modifications means modification of an Accepted Booking by a Creators or Tour Guest via the Platform;

Booking Request means a request sent by a User to a Creators, redacting and anonymising certain information regarding a User and provided the Creators with key information required by the Creators to accept a booking request, such as details of the Listing, Creators Services, time, number of people and the Listing Fee;

Collective Content meansTravel Creators Content andCreatorsContent;

Travel Creators means Travel Creators Ltd, a company incorporated and registered in The United Kingdom whose registered office is at Northcliffe House, Young Street, Kensington, London, United Kingdom, W8 5EH

Travel Creators Content means content that Travel Creators makes available on or through the Platform, including proprietary Travel Creators content and any content licensed or authorised for use by or throughTravel Creators from a third party;

Travel CreatorsServices means all associate services provided by Travel Creators;

Creators means aCreators who is offering Creators Services on the Platform to Users;

Creators Content means when a Creatorscreates, uploads, posts, sends, receives and stores content, such as text, photos, audio, video, or other materials and information on or through the Platform

Creators Services means the services offered by a Creators to Users via a Listing and subsequently delivered to Tour Guests after an Accepted Booking has been confirmed, with such services including, but not limited to Creatored tours, single or multi-day activities in various categories, access to unique events and locations, and a variety of other travel and non-travel related services;

Images means pictures, animations or videos;

Listing means the publication and listing ofCreators Services offered by a Creatorsto Users via the Platform;

Listing Fee means the price set by a Creators (including any Taxes if applicable) in respect of a Listing and is payable by a User to the Creators for provision of the Creators Service,

Platform means the Website, Application and Travel Creators Services;

Rating means the star or number rating awarded by the Tour Guest within 30 days of completing a booking by taking part in a Creators Service;

Review means the public review left by Tour Guests within 30 days of completing a booking by taking part in a CreatorsService;

Service Fee means an agreed commission fee is payable on the Listing Fee (before Taxes) by the Creators to Travel Creators;

Tour Guest means a User who has submitted a Booking Request in respect of a Listing and has received an Acceptance Email from a Creators and subsequently has an Accepted Booking for a Creators Service;

Website means Travel Creatorswebsite Travel Creators.io, including any subdomains thereof, and any other websites or social media platforms through which Travel Creatorsmakes the Travel Creators services available;

Taxes means any applicable VAT or other indirect sales taxes, tourist or other visitor taxes or income taxes in respect of Listing;

Third Party Content means Content that a third party makes available for use by Users, Tour Guests including but not limited to, access to future campaigns and promotions subject to the terms of the appropriate licence;

Third-Party Services means links to third-party websites or resources; and

Users means unregistered users of Travel Creators’s website.

2. General Booking Information

2.1 It is the User and Tour Guest’s responsibility to review the description of any CreatorsService they intend to book, to ensure that you (and any Additional Guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Creators may specify in the Listing. It is your responsibility to advise the Creators of any matters or circumstances which may impact you, or any of the Additional Guest’s ability to safely participate in the Creators Service, which include, but is not limited to medical or physical conditions.

2.2 User and Tour Guests are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to the User and/or Additional Guest’s in respect of your/their involvement in any Creators Service.

2.3 You and any Additional Guests are required to adhere to theCreator’s instructions.

2.4 You are only allowed to bring Additional Guests if such Additional Guests were added by you during the booking process on theTravel Creators Website.

3. Booking

3.1 The Creator’s personal profile and Listings are available on the Travel Creators Website and Users wishing to book Creators Services will select a particular Listing and will be prompted to provide their first name, surname, confirm the date and time they wish to book a Listing, email address, phone number and subject to acceptance of a Booking Request, be granted access to the Travel Creators’s messaging platform via the Booking Management System.

3.2 The Booking Management System shall forward the User’s request in respect of a Listing to the Creators by email as a Booking Request. For the avoidance of doubt, the Booking Request shall not provide the Creators a User’s first name, surname, email address or phone number or any other personally identifiable information. A confirmation email is also sent to the User.

3.3 Once a Booking Request has been received by a Creators, the Creators has the option to either: (i) accept a Booking Request; or (ii) reject a Booking Request. If the Creators rejects a Booking Request, then an email is sent to the User advising them that their Booking Request has been rejected. If a Booking Request has been accepted, the User will be sent an Acceptance Email, confirming the details of the Creators Service booked (as per the Listing) and confirming the date, time, number of people and price.

3.4 Upon acceptance of a Booking Request you are entering into a legally binding agreement with the Creators and the Creators is obliged to provide the Creators Service(s) to you as described in your Acceptance Email.

3.5 In the Acceptance Email, the User is directed to Travel Creators’s payment service provider, Stripe, to pay for the Creators Service. Stripe’s terms and conditions can be found here (“Stripe”). Once payment has been made via Stripe, you will receive confirmation of payment and the Accepted Booking. After successful payment, Travel Creators shall allow the Tour Guest and Creators to communicate via Travel Creators’s communication management system. For the avoidance of doubt, neither the Tour Guest, nor the Creators shall receive the others contact information and all communication shall take place via the communication management system.

3.6 Travel Creators shall have access to and will be able to view all communications between the Booking Management System, payment management system and any communication between Users, Tour Guests and Creators via the communication management system.

4. Content

4.1 Intellectual Property;

4.1.1 Subject to the exceptions in Clause 4.3 of these User Terms, all content included on the Platform, unless uploaded by Creators, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Travel Creators, our affiliates or other relevant third parties. By continuing to use the Platform you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.

4.1.2 Subject to the licence granted to Travel Creators under sub-Clause 4.4.4, Creators retain the ownership of copyright and other intellectual property rights subsisting in Creator Content submitted by them (unless any part of such CreatorContent is owned by a third party who has given their express permission for their material to be used in the Creator Content or such Creator Content is anonymised). All other content including Travel Creators Content included on the Platform (including all user-facing material, and all underlying content such as code, software and databases) and the copyright and other intellectual property rights subsisting in that Travel Creators Content, is the property of Travel Creators, unless specifically labelled otherwise to or has been licensed by Travel Creators. All Travel Creators Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

4.1.3 Users and Tour Guests may:

4.1.3.1 access, view and use the Platform in a web browser (including any web browsing capability built into other types of software or app);

4.1.3.2 download our Site (or any part of it) for caching;

4.1.3.3 print from our Site;

4.1.3.4 download, copy, clip, print, or otherwise save extracts from pages on our site; and

4.1.3.5 save pages from our Site for later and/or offline viewing.

4.1.4 You may not use any Collective Content which has been downloaded, copied, clipped, printed or otherwise saved from Platform for commercial purposes, without first obtaining a licence to do so from Travel Creators, our licensors, or from the relevant Creator.

4.1.5 You may not systematically copy Collective Content from the Platform with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless givenTravel Creatorss express permission to do so.

4.1.6 Subject to Clause 4.1.4 and 4.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Platform unless otherwise indicated on the Platform or unless given our express written permission to do so.

4.1.7 Travel Creators’s status as the owner and author of theTravel Creators Content on the Platform (or that of identified licensors, as appropriate) must always be acknowledged.

4.1.8 Nothing in these User Terms limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for no-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

4.2 Third Party Intellectual Property and Material

4.2.1 Third Party Content on the Platform is always accompanied by the details of its respective author, creator and/or owner (if applicable). Third Party Content is the property of the author, creator and/or owner detailed. Such ownership extends to any free previews of Third Party Content that may be available on the Platform.

4.2.2 Subject to Clause 4.3, Third Party Content is to be used only in accordance with the terms of the accompanying licence. Use without a licence or beyond the terms of such a Licence is prohibited subject to any alternative agreement between you and the owner of the relevant Third Party Content.

4.3 Fair Use of Intellectual Property

Collective Content from the Platform may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

4.4 Links to Other Websites

The Platform may contain links to other sites. Unless expressly stated, these sites are not under the control of Travel Creators or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on the Platform does not imply our endorsement of the sites themselves or of those in control of them.

5. Booking Modifications, Cancellations and Refunds

5.1 Creators and Tour Guests are solely responsible for any Booking Modifications and the Tour Guests agree to pay any additional Service Fee and/or any applicable Taxes associated with such Booking Modifications.

5.2 In the event that a Tour Guest wishes to cancel an Accepted Booking then:-

5.2.1 their right to do so (and any refund of the Listing fee) is subject to any cancellation policy of the Creator or in respect of the Listing;

5.2.2 subject to clause 5.2.1, the Tour Guest must give written notice of cancellation (“Cancellation Notice”) to Travel Creators to be received before the Creator Service is due to commence (“Commencement Time”);

5.2.3 on receiving a Cancellation Notice, Travel Creatorsshall first be entitled (but not bound) to offer the Tour Guest a replacement Creator Service and if that replacement is accepted by the Tour Guest then Travel Creators shall apply the Listing fee towards that replacement Creator Service, with the Tour Guest paying any balance sum due, before commencement of the replacement Creator Service;

5.2.4 subject to clause 5.2.1, if a Cancellation Notice is received more than 72 hours before the Commencement Time, then Travel Creators small refund the Listing fee in full, less any administration charge of Travel Creators for making such refund (“Admin Charges”), and such refund shall be made within 30 days;

5.2.5 subject to clause 5.2.1, if a Cancellation Notice is received 72 hours or less (but more than 24 hours) before the Commencement Time, then Travel Creatorsshall refund 50% of the Listing fee, less Admin Charges, and such refund shall be made within 30 days;

5.2.6 subject to clause 5.2.1, if a Cancellation Notice is received 24 hours or less before the Commencement Time, then there shall be no refund of the Licence fee;

5.2.7 if the Tour Guest has booked any other goods or services to be provided by 3rd parties which cannot be cancelled (or some cost is levied for such cancellation)(for example, entrance tickets or reservations) then, irrespective of when the Cancellation Notice is received, Travel Creators shall also be entitled to deduct the cost of these goods or services from any refund;

5.2.7 in the unfortunate event that a Tour Guest needs to cancel an Accepted Booking due to illness, family bereavement or some other exceptional circumstance, then the Tour Guest should provide Travel Creators with all relevant details when sending the Cancellation Notice; Provided that it shall then be in the discretion of Travel Creators as to whether it makes any ex gratia refund and, if so, of what amount of the Listing fee.

5.3 In the event a Creator cancels an Accepted Booking, the Tour Guest will receive a full refund of the Listing fee for such booking and the Creator will be liable for the Service Fee. Creators shall be entitled to cancel an Accepted Booking where it can demonstrate a valid reason for such cancellation, which may include concerns regarding a Tour Guest’s conduct or behaviour, in which case the Tour Guest will not be entitled to a refund.

5.4 Creators may cancel a Creator Service where, due to unforeseen circumstances, such as weather, providing the Creator Service would be hazardous to both Creators and/or Tour Guests. Creators shall be entitled to modify or cancel a Creator Service in such circumstances and Travel Creators will work with the Creator to provide Tour Guests a full refund or rebook the Creator Service.

5.5Travel Creators may in its sole discretion decide that it is necessary to cancel an Accepted Booking and take certain actions to refund Tour Guests where Travel Creators believes in good faith, that such action is required in order to avoid significant harm to either Travel Creators, Tour Guests, Creators, other Tour Guests, third parties or property.

6. Ratings and Reviews

6.1 Tour Guests can leave a Review and submit a Rating in respect of the Creator Service. Any Ratings or Reviews left by a Tour Guest must be truthful and accurate and must not be misleading in any way.

6.2 Users and Tour Guests are prohibited from manipulating the Reviews and Ratings system in any manner.

7. Disputes between Creators and Tour Guests

7.1 Tour Guests will proactively assist Travel Creators in settling any dispute with Creators and shall, in good faith, agree to cooperate with and assist Travel Creators. Tour Guests shall provide Travel Creators with any information it requires to settle the dispute.

7.2 In order to settle a dispute, complaint or claim, Travel Creators may require the Creator and the Tour Guest to participate in a dispute resolution process, which shall either be conducted by Travel Creators, its insurer (where a Tour Guest is claiming losses from Travel Creators) or a third party selected by Travel Creators, at the Creator’s cost.

8. Prohibited Activities

8.1 You confirm that you have reviewed the Acceptable Use Policy and that you will comply with the policy. You further confirm that you will not;

use the Platform or Collective Content for any purpose, other than booking a Creator Service;

imply any endorsement, partnership with Travel Creators or do anything which would mislead Creators and other Users or Tour Guests as to your affiliation with Travel Creators;

use the Platform to distribute unsolicited messages of a commercial nature;

attempt to solicit or recruit Creators to join third-party or competitor services, applications or websites;

encourage Creators to make or accept a booking, including payment, outside of the Platform or take any other action with the intention, or which has the effect of, circumventing the Service Fees;

bring harm or bring the Travel Creators brand into disrepute in any way, including through unauthorised use of Travel Creators Content, infringing, or assisting in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of Travel Creators or any other party;

try to reverse engineer the software used to provide by the Platform by trying to decompile or disassemble software, or take any other action which would result in the same; and

introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the Platform or which could adversely affect the performance or proper functioning of the Platform.

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9. Termination

9.1 Travel Creators may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these User Terms (ii) you have violated applicable laws, regulations or third party rights, or (iii) Travel Creators believes in good faith that such action is reasonably necessary to protect the personal safety or property of Travel Creators, its Creators, other Users, Tour Guests or third parties.

9.2 On termination of this Agreement, Travel Creators will be entitled to retain the Service Fee. The Creator will be entitled to retain any sums due to him/her pursuant to the cancellation policy in respect of an Accepted Booking (the “Creator Cancellation Fee”). Travel Creators shall deduct the Service Fee and the Creator Cancellation Fee from the Listing Fee and remit the difference to the Tour Guest within 30 days of termination of this Agreement by Travel Creators.

10. Liability and Indemnity

10.1 To the fullest extent permissible by law,Travel Creators accepts no liability to Users, Tour Guests or Creators for loss or damage that is not foreseeable.

10.2 To the fullest extent permissible by law, Travel Creators excludes all representations, warranties, and guarantees (whether express or implied) that may apply to the Platform or any Travel Creators Content or CreatorContent on the Platform.

10.3 Travel Creators accepts no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

10.4 Travel Creators exercises all reasonable skill and care to ensure that the Platform is free from viruses and other malware. Travel Creators accepts no liability for any loss or damage from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Platform (including the downloading of anyTravel Creators Content or Creator Content or any other website or service that Travel Creators may provide a link to.

10.5 Travel Creators neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of the Platform resulting from external causes including, but not limited to, Internet Service Provider equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

10.6 Nothing in these User Terms excludes or restricts Travel Creators’s liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

10.7 The User and Tour Guest agrees to release, defend (at Travel Creators’s request), indemnify, and hold Travel Creators 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 User Terms or our Acceptable Use Policy or Website Terms and Conditions, (ii) your improper use of the Platform or any Travel Creators Services, (iii) your interaction with any Creator, User or another Tour Guest, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws or regulations.

11. Applicable Law and Jurisdiction

11.1 These User Terms and the relationship between the Users, Tour Guests and Travel Creators (whether contractual or otherwise) shall be governed by, and construed in accordance with, Scottish Law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Judicial proceedings that you are able to bring against us arising from or in connection with these User Terms may only be brought in a court located in Scotland and you agree to submit to the exclusive jurisdiction of the Scottish courts.

11.2 Any disputes concerning these User Terms, the relationship between Users, Tour Guests and Travel Creators, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Scotland.

12. General Provisions

12.1 Travel Creators may transfer (assign) its obligations and rights under these User Terms to a third party (this may happen, for example, if Travel Creators sells the business). Your rights under these User Terms will not be affected and Travel Creators’s obligations under these User Terms will be transferred to the third party who will remain bound by them.

12.2 You may not transfer (assign) your obligations and rights under these User Terms.

12.3 If any of the provisions of these User Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

12.4 No failure or delay by Travel Creators in exercising any of Travel Creatorss rights under these User Terms means that Travel Creators have waived that right, and no waiver by Travel Creators of a breach of any provision of these User Terms means that Travel Creators will waive any subsequent breach of the same or any other provision.

12.5 No joint venture, partnership, employment, or agency relationship exists between you andTravel Creators as a result of this Agreement or your use of the Platform.

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