Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

Last Updated: May 9, 2018

TrekkingSolo, owned and managed by Bill A. Bailey, (hereafter referred to as “TrekkingSolo“, “we“, “us“, or “our“), is an online platform that provides trekking information and connects people who are planning a trek or hike with guides who provide tours (collectively, the “Services”), which Services are accessible at http://www.trekkingsolo.comand any other websites through which TrekkingSolo makes the Services available (collectively, the “Site”) and as any application for mobile devices in the future (the “Application”). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and TrekkingSolo. Please read carefully these Terms and our Privacy Policy, which may be found at http://www.trekkingsolo.com/b/privacy, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PEOPLE MAY POST TREKS THAT OTHER PEOPLE CAN JOIN. YOU UNDERSTAND AND AGREE THAT TREKKINGSOLO IS NOT A PARTY TO ANY AGREEMENTS OR PARTNERSHIPS ENTERED INTO BETWEEN ANYONE ON THE SITE, NOR IS TREKKINGSOLO A TOUR GUIDE, AGENT OR INSURER. TREKKINGSOLO HAS NO CONTROL OVER THE CONDUCT OF PARTNERS, GUIDES, AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY TRIPS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Key Terms
  1. Trip“, or collectively “Trips“, refers to the act of going to a place and returning;
  2. Listing“, or collectively “Listings“, refers to trips listed via the Site, Application and Services;
  3. Guided Trip” means any listing posted via the Site, Application and Services that charges money for Members to join;
  4. Member” means a person who completes TrekkingSolo’s account registration process, including, but not limited to Trekkers, Clients, and Guides (defined below) as described under “Account Registration“.
  5. Trekker” means a Member who browses for information, posts information to, or participates in forums hosted on the Site, Application or Services.
  6. Client” means a Member who requests to join a Guided Trip via the Site, Application or Services and who is bound by the Bookings and Financial Terms for Clients (defined below).
  7. Guide” means a Member who posts a Guided Trip via the Site, Application and Services and who is bound by the Bookings and Financial Terms for Guides (defined below).
  8. Supplier” means a company, agency, or legal entity that has authority to post Guided Trips via the Site, Application and Services on behalf of a Guide, and who accepts all related Terms and responsibilities on behalf of the Guide.
  9. Booking” or “Bookings” refers to the process of paying for a Guided Trip via the Site, Application or Services in exchange for a reservation on a Guided Trip and subject to the Bookings and Financial Terms (defined below).
  10. Part Payment” refers to a portion of a Listing’s price that is required in order to secure a reservation for that Listing.
  11. Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
  12. Site Content” means all Content that TrekkingSolo makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
  13. Member Content” means all Content that a Members posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
  14. Collective Content” means Member Content and TrekkingSolo Content.
  15. Content” means text, graphics, images, software (excluding the Application), audio, video, information or other materials.

Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

How the Site Works

The Site, Application and Services can be used to facilitate the listing and booking of Trips. Such Trips are represented as Listings on the Site, Application and Services posted by its Members. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book or join a Trip or create a Listing, you must first complete TrekkingSolo Account Registration (defined below).

As stated above, TrekkingSolo simply makes available a platform or marketplace with related technology for its Members to meet online and arrange Trips. TrekkingSolo is not an owner or operator of any services related to any of the Trips listed on or by our Services. TrekkingSolo’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited agent of each Guide for the purpose of accepting payments from Clients on behalf of the Guide.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF TRIPS. TREKKINGSOLO CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY TRIPS. TREKKINGSOLO IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TRIPS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE CLIENT’S OWN RISK.

Modification

TrekkingSolo reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

No Endorsement

TrekkingSolo does not endorse any Members or any Trips. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from TrekkingSolo with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Bookings or Listings made by you. This limitation shall not apply to any claim by a Guide against TrekkingSolo regarding the remittance of payments received from a Client by TrekkingSolo on behalf of a Guide, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

Account Registration

In order to access certain features of the Site and Application, and to book a Trip or create a Listing, you must register to create an account (“TrekkingSolo Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section.

You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your TrekkingSolo Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to TrekkingSolo through the Site, Services or Application; or (ii) allowing TrekkingSolo to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to TrekkingSolo and/or grant TrekkingSolo access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating TrekkingSolo to pay any fees or making TrekkingSolo subject to any usage limitations imposed by such third party service providers. By granting TrekkingSolo access to any Third Party Accounts, you understand that TrekkingSolo will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your TrekkingSolo Account and TrekkingSolo Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your TrekkingSolo Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or TrekkingSolo’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your TrekkingSolo Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. TrekkingSolo makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and TrekkingSolo is not responsible for any SNS Content.

We will create your TrekkingSolo Account and your TrekkingSolo Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active TrekkingSolo Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. TrekkingSolo reserves the right to suspend or terminate your TrekkingSolo Account and your access to the Site, Application and Services if you create more than one (1) TrekkingSolo Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your TrekkingSolo Account, whether or not you have authorized such activities or actions. You will immediately notify TrekkingSolo of any unauthorized use of your TrekkingSolo Account.

Member Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

  • make, or use the Services to make, any false or fraudulent Bookings;
  • break any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
  • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
  • use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
  • copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Site, Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
  • “stalk” or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a TrekkingSolo Client or Guide;
  • as a Guide, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
  • register for more than one TrekkingSolo Account or register for a TrekkingSolo Account on behalf of an individual other than yourself;
  • contact a Guide for any purpose other than asking a question related to a Booking, Trip or Listing;
  • contact a Client for any purpose other than asking a question related to a Booking;
  • when acting as a Client, Guide, or otherwise, to recruit or otherwise solicit any other Members to join third party services or websites that are competitive to TrekkingSolo, without TrekkingSolo’ prior written approval;
  • take any action that undermine the feedback or ratings systems, including posting false, inaccurate or misleading feedback, ratings and reviews;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • use the Site, Application and Services to find a Guide or Client and then complete a booking of a Trip independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to TrekkingSolo’ provision of the Services;
  • or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, TrekkingSolo’ name, any TrekkingSolo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TrekkingSolo’ express written consent;
  • access, tamper with, or use non-public areas of the Site or Application, TrekkingSolo’ computer systems, or the technical delivery systems of TrekkingSolo’ providers;
  • attempt to probe, scan, or test the vulnerability of any TrekkingSolo system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TrekkingSolo or any of TrekkingSolo’ providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

TrekkingSolo will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. TrekkingSolo may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that TrekkingSolo has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

TrekkingSolo reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that TrekkingSolo, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Reporting Misconduct

If you come into contact with any Member of TrekkingSolo who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to TrekkingSolo by contacting us with your police station and report number at [email protected]; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Termination and Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your TrekkingSolo Account. You may cancel your TrekkingSolo Account at any time via the “Delete Account” feature of the Services or by sending an email to [email protected] Please note that if your TrekkingSolo Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

Trip Listings

As a Member, you may create Trip Listings. To this end, you will be asked a variety of questions about the trip to be listed, including, but not limited to, the location, capacity, itinerary, features, availability, pricing and related rules and financial terms. Listings will be made publicly available via the Services. Other Members will be able to join or book your Trip Listing via the Services based upon the information provided in your Listing.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Client taking of, a Guided Trip in a Listing you post (i) will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies) and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Guided Trip you post, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues and (b) not conflict with the rights of third parties. Please note that TrekkingSolo assumes no responsibility for a Guide’s compliance with any applicable laws, rules and regulations. TrekkingSolo reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that TrekkingSolo, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

You understand and agree that TrekkingSolo does not act as an insurer or as a contracting agent for you as a Partner or a Guide. If a Member requests a booking for your Listing and participates in your Trip, any agreement you enter into with such Client is between you and the Client and TrekkingSolo is not a party thereto. Notwithstanding the foregoing, TrekkingSolo serves as the limited authorized agent of the Guide for the purpose of accepting payments from Clients on behalf of the Guide and is responsible for transmitting such payments to the Guide, subject to these Terms.

When you create a Listing, you may also choose to include certain requirements, which must be met by the Members who are eligible to request a booking for your trip. Any Member wishing to book Trips included in Listings with such requirements must meet these requirements.

If you are a Guide, TrekkingSolo may make certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Trip. You acknowledge and agree that, as a Guide, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the Trip at your request or invitation, excluding the Client.

TrekkingSolo recommends that Guides obtain appropriate insurance for their Trips and any staff involved. Please review any insurance policy that you may have for your Trip carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Clients while participating in your Trip.

Collective Content

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of TrekkingSolo and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

Subject to your compliance with the terms and conditions of these Terms, TrekkingSolo grants you a limited, non-exclusive, non-transferable license, to (i) access and view any TrekkingSolo Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TrekkingSolo or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to TrekkingSolo a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. TrekkingSolo does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to TrekkingSolo the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or TrekkingSolo’ use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Privacy

See TrekkingSolo’ full Privacy Policy and for information and notices concerning TrekkingSolo’ collection and use of your personal information.

Proprietary Rights Notice

All trademarks, service marks, logos, trade names and any other proprietary designations of TrekkingSolo used herein are trademarks or registered trademarks of TrekkingSolo. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that TrekkingSolo is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TrekkingSolo of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the TrekkingSolo platform may implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.

Booking Terms for Clients
Bookings and Financial Terms for Clients

When you book a trip with TrekkingSolo, we collect a Part Payment of the total price of the trip in order to confirm the booking. Upon meet your Guide in person, you will be required to pay the remaining balance, minus the Part Payment, to the Guide in full in accordance with the payment methods available. The Guides, not TrekkingSolo, are solely responsible for honouring any confirmed bookings and making available any Trips reserved through the Services. If you, as a Client, choose to enter into a transaction with a Guide for the booking of a Trip, you agree and understand that you will be required to enter into an agreement (including releases) with the Guide and you agree to accept any terms, conditions, rules and restrictions associated with such Trip imposed by the Guide. You acknowledge and agree that you, and not TrekkingSolo, will be responsible for performing the obligations of any such agreements, that TrekkingSolo is not a party to such agreements, and that, with the exception of its payment obligations hereunder, TrekkingSolo disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that TrekkingSolo is not a party to any agreements between you and the Guide, TrekkingSolo acts as the Guide’s payment agent for the limited purpose of accepting payments from you on behalf of the Guide.

Upon your payment of amounts to TrekkingSolo which are due to the Guide, your payment obligation to the Guide for the Part Payment is extinguished. The Balance of Payment is then due to Guide directly as stated within the Guides Terms contained in the Booking Page. The Booking Page for a Trip will specify the Total Cost. As noted above the Guide is required to either confirm or reject the booking within the specified timeframe (which is generally within 24-48 hours of when the booking is requested, as determined by TrekkingSolo in its sole discretion) or the requested booking will be automatically cancelled.

If a requested booking is cancelled (i.e. not confirmed by the applicable Guide), any amounts collected by TrekkingSolo will be refunded to the Client. You agree to pay TrekkingSolo for the Part Payment for any booking requested in connection with your TrekkingSolo Account. In order to confirm a booking for your requested Listing, you understand and agree that TrekkingSolo, on behalf of the Guide, reserves the right, in its sole discretion, to charge your credit card for an amount equal to the Part Payment.

Please note that TrekkingSolo cannot control any fees that may be charged to a Client by his or her bank related to TrekkingSolo’s collection of the Part Payment, and TrekkingSolo disclaims all liability in this regard. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to TrekkingSolo or its third party payment processor. You agree to pay TrekkingSolo for any bookings made in connection with your TrekkingSolo Account in accordance with these Terms by one of the methods as may be described on the Site or Application – e.g. by credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by TrekkingSolo or indirectly, via a third party online payment processor or by one of the other payment methods as may be described on the Site or Application. If you are directed to TrekkingSolo’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Binding Nature of a Booking

The booking process between a Client and a Guide is concluded when the Guide accepts a Client’s booking request. By booking a trip, you are submitting a binding offer to the Guide, to which you are bound for 5 working days. If the supplier accepts your offer within this period, the contract is definitely concluded. You will then be notified via e-mail of the confirmation.

The Guide offering the requested listing will answer your request within the given period of time. Upon the acceptance of the request, the contract between you and the Guide becomes effective. If the Guide declines the request, the contract between you and the Guide does not become effective. You will be notified for the acceptance or non-acceptance of your request via e-mail.

Guaranteed Departure

The Client understands and acknowledges the nature of this type of travel requires considerable flexibility and should allow for reasonable alterations by the Guide. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.

The Guide does not guarantee all departures as displayed on the Site. A departure shall become guaranteed once a minimum number of people (most cases 2-3) have been booked. A Client has a confirmed booking upon it (a booking must have at least a deposit paid to be considered ‘confirmed’). This guarantee of departure is still subject to Force Majeure situations.

Changes made by the Guide

While the Guide will endeavor to operate all trips as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by the Guide. If the Guide makes a major change the Guide will inform the Client as soon as reasonably possible if there is sufficient time before departure. The definition of a major change is deemed to be a change affecting at least one in three full tour days of the itinerary. If the major change is due to force majeure or unforeseen circumstances no compensation is payable. Some changes to the itinerary may happen on tour as a result of unforeseen circumstances or local situations. Any changes made to alter the itinerary as a result will be made with full authority of the Tour Leader and any direct or indirect cost incurred as a result will be the responsibility of the Client. Where the Guide has to make a major change to the Client’s holiday before departure in these circumstances the Guide will notify the Client as quickly as possible so that the Client can take the decision: whether to withdraw from the contract without penalty; or to accept the change and proceed with the holiday.

The Client must notify the Guide of their decision in writing or via their travel agent within 7 days of receiving the notification of alteration. The Guide will not be liable for indirect and or consequential losses.

Changes made by the Client: A transfer from one tour to another can only be made more than 60 days, (90 days for Expedition Trips) before departure date and if approved by the Guide. If such a request is accepted by the Guide, the Guide reserves the right to charge up to the deposit amount of the first booked tour. Any request to transfer received less than 60 days, (120 days for Expedition Trips) before departure will not be accepted. In this case the Client must cancel the booking and then re-book on another tour. The Client may only transfer a booking to a departure date in the current season and may not transfer a booking to future seasons. Any such transfers will be regarded as cancellations and cancellation fees will apply. The Client may apply to have the name of the reservation altered by the Guide more than 60 days, (90 days for Expedition Trips) prior to departure. Name changes cannot be made 60 days (90 days for Expedition Trips) or less before departure. Any name changes are subject to Guide approval and applicable Administrative Fees. Package Travel is subject to different terms and conditions as defined in Section 30.

Unpaid Services

If you do not pay the remaining balance to the Guide upon arrival for Trips booked through the Site or revoke the payment, your claim to any Service Fees will be omitted. This will be regarded as a cancellation and cancellation charges may apply.

Unused Services

There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination/departure from tour, i.e. sickness, death of a family member etc, late arrival on the tour, or premature departure either voluntarily or involuntarily.

Acceptance of Risk

You acknowledge that all travel involves an element of risk and that some Listings offered on the Site may be adventurous in nature and may involve a significant amount of personal risk. You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby release TrekkingSolo and the Guide from all claims and causes of action whatsoever arising from any injury, death or other damages, both pecuniary and non-pecuniary, to You that may occur as a result of your participation in the trips offered through Listings on the Site or as a result of the negligence of any party, including any Member, Guide or any employee, officer, agent, contractor or assign of TrekkingSolo, whether such negligence is passive or active.

Members acknowledge that they will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in his or her daily lives. By booking travel with a Guide, the Client acknowledges she or he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The Client is solely responsible for acquainting themselves with customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary, and are encouraged to locate or make contact prior to embarkation with his/her local embassy or consulate in each destination.

Personal responsibility for Insurance

We strongly recommend that all Clients obtain travel insurance with a minimum medical coverage of US$100,000 while travelling with the Guide and this insurance must cover personal injury and emergency medical expenses. It is strongly recommended the coverage be extended to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. The Guide shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended by the client in public lounges or other public areas, whether on board a transport, train, bus, or other mode of transportation, publicly owned or operated by the Guide or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, and other acts of God are not reimbursable. The Guide cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by the Guide such as hotels, homestays, transports, expedition vehicles, or any other mode of transportation. The Client acknowledges that the cost of the tour does not include insurance, and that the Client is required to obtain separate coverage at an additional cost. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken.

Booking Terms for Guides
Booking and Financial Terms for Guides

If you are a Guide and a booking is requested for your Trip via the Site, Application and Services, you will be required to either confirm or reject the booking within 48 hours of when the booking is requested (as determined by TrekkingSolo in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Client who has requested the booking, (ii) a link to the Client’s TrekkingSolo Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Client on such SNS, and (iv) an indication that the name that the Client provided to TrekkingSolo when the Client became a Member matches the name that the Client provided to the SNSs to which the Client has linked his or her TrekkingSolo Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of an Trip within such 24 hour period, any amounts collected by TrekkingSolo for the requested booking will be refunded to the applicable Client’s credit card. When you confirm a booking requested by a Client, TrekkingSolo will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

You understand and agree that once a Partner or Client requests to join or book your Trip Listing on the Site, the price for such booking may not be altered.

Appointment as Payment Agent
Appointment of TrekkingSolo as Payment Agent for Guide

Each Guide hereby appoints TrekkingSolo as the Guide’s limited agent solely for the purpose of collecting payments made by Clients on behalf of the Guide. Each Guide agrees that payment made by a Client to TrekkingSolo shall be considered the same as a payment made directly to the Guide and the Guide will make the Trip available to Client in the agreed upon manner as if the Guide has received the Trip Fees. Each Guide agrees that, TrekkingSolo may, in accordance with the cancellation policy selected by the Guide and reflected in the relevant Listing, (i) permit the Client to cancel the booking and (ii) refund to the Client that portion of the Trip Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Guide, TrekkingSolo assumes no liability for any acts or omissions of the Guide.

In accepting appointment as the limited authorized agent of the Guide, TrekkingSolo assumes no liability for any acts or omissions of the Guide. Please note that TrekkingSolo charges Guides an annual fee for the creation of Listings and use of our Applications. However, you acknowledge and agree that TrekkingSolo reserves the right, in its sole discretion, to introduce and collect other fees from you in accordance with the Modification Section of these Terms. Please note that Trek

Payment
Credit Card Charges

The Guide is not responsible for any charges applied to credit card transactions and will not refund or return any fees charged by third parties and incurred during the transaction of the Trip cost. Also payments through credit card implies charges of 3.3%.

Payment Processors or Providers

If you are directed to a third party payment processor or payment provider (e.g. PayPal), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with your use of such third party services, in particular any claims from such processors/providers (including PayPal) resulting from your actions or omissions. We are not responsible for provision of such third party services, in particular, any decision taken by PayPal or another provider to decline your payment, based on its risk assessment of you or the transaction. You shall not hold us liable for any losses you suffer as a result of using such third party services.

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. TrekkingSolo cannot and does not offer Tax-related advice to any Members of the Services. Additionally, please note that each Guide is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.

Currency and Currency Rates

All Guided Trips on TrekkingSolo are listed in United States currency (USD). TrekkingSolo reserves the right, however, to apply the currency of its choosing to the Booking. Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day.

Cancellations and Refunds

Please view our full cancellation policy. Any cancellation by You must be made by telephone or email and acknowledged by the Guide and TrekkingSolo. The date on which the request to cancel is received by TrekkingSolo will determine the refund due (as outlined below).

Independent Contractors

Hotels, shuttle services or other elements of a Package will be arranged by the Guide with local suppliers, who may themselves engage the services of local operators and/or sub-contractors. The Guide will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into the Contract. These may limit or exclude liability of the supplier. The liability of the Guide will not exceed that of any supplier. Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any supplier. Neither the Guide or any third party service provider is liable for independent contractors.

In respect of transport, the service providers operate as independent contractors. Their services and products are charged as extras. Neither the Guide nor the Third party service provider is responsible for their performance or products. These contractors may include doctor, medical personnel, hairdresser, manicurist, masseuse, photographer, entertainer, fitness instructors, spa personnel, beauticians, internet/I.T. personnel or other instructional concessionaires, art or other auctioneers, shopkeepers and others providing services. These contractors work directly for the Client when performing their services. Neither the Guide nor the Third party service provider is responsible for any such person’s acts or omissions in providing goods or services to the Client. The independent contractors including Shore Excursion providers do not at any time act as agents or representatives of the Guide or the third party service provider. Neither the Guide nor the Third party service provider owns or controls any such independent contractors, makes no representation of any kind as to their performance and does not undertake to supervise their activities. Any Client using such services or activities shall be deemed to agree and consent that any liability for any death, personal injury, illness, emotional distress, mental suffering or psychological injury to the guest or loss of or damage to property shall be the sole responsibility of the provider of such service or activity. Neither the Guide nor the Third party service provider shall be or become liable or responsible in any way for any act or omission of any such provider pertaining to, or arising from or in connection with such services or activities.

Copyright Policy

Please view our full Copyright Policy. TrekkingSolo respects copyright law and expects its users to do the same. It is TrekkingSolo’ policy to terminate in appropriate circumstances the TrekkingSolo Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see TrekkingSolo’ Copyright Policy at www.airbnb.com/terms, for further information.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TREKKINGPARTNERS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CLIENTS AND GUIDES, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TREKKINGPARTNERS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TREKKINGPARTNERS MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY TRIPS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TREKKINGPARTNERS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, TRIPS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TREKKINGPARTNERS OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY GUIDES OR CLIENTS. YOU UNDERSTAND THAT TREKKINGPARTNERS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY TRIPS. TREKKINGPARTNERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CLIENTS AND GUIDES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TREKKINGPARTNERS. NOTWITHSTANDING TREKKINGPARTNERS’ APPOINTMENT AS THE LIMITED AGENT OF THE GUIDES FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CLIENTS ON BEHALF OF THE GUIDES, TREKKINGPARTNERS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CLIENT OR OTHER THIRD PARTY.

THE GUIDES AND GUIDES, OWNERS, SERVICES AND OTHER SUPPLIERS PROVIDING GUIDED SERVICES INFORMATION, GUIDED OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE TREKKINGPARTNERS COMPANIES, OR THE TREKKINGPARTNERS AFFILIATES. THE TREKKINGPARTNERS COMPANIES AND THE TREKKINGPARTNERS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE TREKKINGPARTNERS COMPANIES AND THE TREKKINGPARTNERS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL THE TREKKINGPARTNERS COMPANIES, THE TREKKINGPARTNERS AFFILIATES, AND/OR THEIR RESPECTIVE GUIDES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE TREKKINGPARTNERS COMPANIES, THE TREKKINGPARTNERS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE TREKKINGPARTNERS COMPANIES, THE TREKKINGPARTNERS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.

Limitation of Liability

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 SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY TRIPS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TREKKINGPARTNERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TREKKINGPARTNERS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TREKKINGPARTNERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE GUIDES PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE TREKKINGPARTNERS GUIDE GUARANTEE, IN NO EVENT WILL TREKKINGPARTNERS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A CLIENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A GUIDE, THE AMOUNTS PAID BY TREKKINGPARTNERS TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TREKKINGPARTNERS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold TrekkingSolo and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Trip, (iii) creation of a Listing or (iv) the carrying out of a Trip by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or carrying out of a Trip.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between TrekkingSolo and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Trips made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TrekkingSolo and you regarding bookings or listings of Trips, the Site, Application, Services, Collective Content and Referral Program.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without TrekkingSolo’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. TrekkingSolo may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by TrekkingSolo (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the Province of British Columbia and Canada, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a provincial court located in British Columbia for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

Dispute Resolution

You and TrekkingSolo agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and TrekkingSolo are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and TrekkingSolo otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at [email protected] or through the “Contact” (www.trekkingsolo.com/contact) section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of TrekkingSolo and you hereby irrevocably assign to TrekkingSolo and agree to irrevocably assign to TrekkingSolo all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At TrekkingSolo’ request and expense, you will execute documents and take such further acts as TrekkingSolo may reasonably request to assist TrekkingSolo to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

General

The failure of TrekkingSolo to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TrekkingSolo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and TrekkingSolo with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Member and TrekkingSolo with respect to this Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.

Contacting TrekkingSolo

If you have any questions about these Terms or any App Store Sourced Application, please contact TrekkingSolo at [email protected].