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Terms of Service

Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the WalkWithMe Tours Platform, you agree to comply with and be bound by these Terms.

Last Updated: September 18, 2020

Thank you for using WalkWithMe Tours!

These Terms constitute a legally binding agreement (“Agreement“) between you and WalkWithMe Tours (as defined below) governing your access to and use of the WalkWithMe Tours website, including any subdomains thereof, and any other websites through which WalkWithMe Tours makes its services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “WalkWithMe Tours Services“). The Site, Application and WalkWithMe Tours Services together are hereinafter collectively referred to as the “WalkWithMe Tours Platform”. Our Refund Policy, Nondiscrimination Policy and other Policies applicable to your use of the WalkWithMe Tours Platform are incorporated by reference into this Agreement.

When these Terms mention “WalkWithMe Tours,” “we,” “us,” or “our,” it refers to the WalkWithMe Tours company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.

If you change your country of residence or establishment, the WalkWithMe Tours company you contract with will be determined by your new country of residence or establishment as specified above, from the date on which your country of residence changes.

Our collection and use of personal information in connection with your access to and use of the WalkWithMe Tours Platform is described in our Privacy Policy.

Any and all payment processing services through or in connection with your use of the WalkWithMe Tours Platform (“Payment Services“) are provided to you by one or more WalkWithMe Tours entities (individually and collectively, as appropriate, “WalkWithMe Tours“) as set out in the Payments Terms of Service (“Payments Terms“).

Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services (as defined below). In some countries, Hosts may have to register, get a permit or obtain a license before providing certain Host Services. Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on WalkWithMe Tours, you should always seek legal guidance.

TERMS OF SERVICE FOR NON-EUROPEAN USERS

1. Scope of WalkWithMe Tours Services

1.1 The WalkWithMe Tours Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the WalkWithMe Tours Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Customers”). Host Services may include the offering of guided tours (“Live Tours“), off-the-beaten track tours (“Live Experiences”), access to unique events and locations (“Live Events”), and a variety of other travel and non-travel related services.

1.2 As the provider of the WalkWithMe Tours Platform, WalkWithMe Tours does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is WalkWithMe Tours an organiser or retailer of travel packages under Directive (EU) 2015/2302. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. WalkWithMe Tours is not and does not become a party to or other participant in any contractual relationship between Members, nor is WalkWithMe Tours a real estate broker or insurer. WalkWithMe Tours is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

1.3 While we may help facilitate the resolution of disputes, WalkWithMe Tours has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. WalkWithMe Tours does not endorse any Member, Listing or Host Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by WalkWithMe Tours about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to participate in an Experience or Event or use other Host Services, accept a booking request from a Customer, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by WalkWithMe Tours of any Host or Listing.

1.4 If you choose to use the WalkWithMe Tours Platform as a Host or Co-Host (as defined below), your relationship with WalkWithMe Tours is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of WalkWithMe Tours for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of WalkWithMe Tours. WalkWithMe Tours does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.

1.5 To promote the WalkWithMe Tours Platform and to increase the exposure of Listings to potential Customers, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. WalkWithMe Tours cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The WalkWithMe Tours Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

1.6 The WalkWithMe Tours Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. WalkWithMe Tours is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by WalkWithMe Tours of such Third-Party Services.

1.7 Due to the nature of the Internet, WalkWithMe Tours cannot guarantee the continuous and uninterrupted availability and accessibility of the WalkWithMe Tours Platform. WalkWithMe Tours may restrict the availability of the WalkWithMe Tours Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the WalkWithMe Tours Platform. WalkWithMe Tours may improve, enhance and modify the WalkWithMe Tours Platform and introduce new WalkWithMe Tours Services from time to time.

2. Eligibility, Using the WalkWithMe Tours Platform, Member Verification

2.1 In order to access and use the WalkWithMe Tours Platform or register an WalkWithMe Tours Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.

2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

2.3 WalkWithMe Tours may make access to and use of the WalkWithMe Tours Platform, or certain areas or features of the WalkWithMe Tours Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

2.5 The access to or use of certain areas and features of the WalkWithMe Tours Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the WalkWithMe Tours Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the WalkWithMe Tours Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the WalkWithMe Tours Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

3. Modification of these Terms

WalkWithMe Tours reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the WalkWithMe Tours Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the WalkWithMe Tours Platform will constitute acceptance of the revised Terms.

4. Account Registration

4.1 You must register an account (“WalkWithMe Tours Account“) to access and use certain features of the WalkWithMe Tours Platform, such as publishing or booking a Listing. If you are registering an WalkWithMe Tours Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You can register an WalkWithMe Tours Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account“). You have the ability to disable the connection between your WalkWithMe Tours Account and your SNS Account at any time, by accessing the “Settings” section of the WalkWithMe Tours Platform.

4.3 You must provide accurate, current and complete information during the registration process and keep your WalkWithMe Tours Account and public WalkWithMe Tours Account profile page information up-to-date at all times.

4.4 You may not register more than one (1) WalkWithMe Tours Account unless WalkWithMe Tours authorizes you to do so. You may not assign or otherwise transfer your WalkWithMe Tours Account to another party.

4.5 You are responsible for maintaining the confidentiality and security of your WalkWithMe Tours Account credentials and may not disclose your credentials to any third party. You must immediately notify WalkWithMe Tours if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your WalkWithMe Tours Account. You are liable for any and all activities conducted through your WalkWithMe Tours Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

4.6 WalkWithMe Tours may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your WalkWithMe Tours Account. For example, we may enable Members to link their WalkWithMe Tours Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by WalkWithMe Tours to ask for your credentials, and you shall not request the credentials of another Member.

5. Content

5.1 WalkWithMe Tours may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the WalkWithMe Tours Platform (“Member Content“); and (ii) access and view Member Content and any content that WalkWithMe Tours itself makes available on or through the WalkWithMe Tours Platform, including proprietary WalkWithMe Tours content and any content licensed or authorized for use by or through WalkWithMe Tours from a third party (“WalkWithMe Tours Content” and together with Member Content, “Collective Content“).

5.2 The WalkWithMe Tours Platform, WalkWithMe Tours Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the WalkWithMe Tours Platform and WalkWithMe Tours Content, including all associated intellectual property rights, are the exclusive property of WalkWithMe Tours and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the WalkWithMe Tours Platform, WalkWithMe Tours Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of WalkWithMe Tours used on or in connection with the WalkWithMe Tours Platform and WalkWithMe Tours Content are trademarks or registered trademarks of WalkWithMe Tours in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the WalkWithMe Tours Platform, WalkWithMe Tours Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the WalkWithMe Tours Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or 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 WalkWithMe Tours or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, WalkWithMe Tours grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the WalkWithMe Tours Platform and accessible to you, solely for your personal and non-commercial use.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the WalkWithMe Tours Platform, you grant to WalkWithMe Tours a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the WalkWithMe Tours Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, WalkWithMe Tours does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content as long as your Member Content does not contain WalkWithMe Tours’ catchphrase “Come walk with me”.

5.6 You are solely responsible for all Member Content that you make available on or through the WalkWithMe Tours Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the WalkWithMe Tours Platform or you have all rights, licenses, consents and releases that are necessary to grant to WalkWithMe Tours the rights in and to 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 WalkWithMe Tours’s use of the Member Content (or any portion thereof) as contemplated under these Terms 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.

5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates WalkWithMe Tours Content Policy or any other WalkWithMe Tours policy. WalkWithMe Tours may, without prior notice, remove or disable access to any Member Content that WalkWithMe Tours finds to be in violation of applicable law, these Terms or WalkWithMe Tours’s then-current Policies or Standards, or otherwise may be harmful or objectionable to WalkWithMe Tours, its Members, third parties, or property.

5.8 WalkWithMe Tours respects copyright law and expects its Members to do the same. If you believe that any content on the WalkWithMe Tours Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.

6. Service Fees

6.1 WalkWithMe Tours may charge fees to Hosts (“Host Fees“) and/or Customers (“Customer Fees“) (collectively, “Service Fees“) in consideration for the use of the WalkWithMe Tours Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Customer prior to publishing or booking a Listing. WalkWithMe Tours reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

6.3 You are responsible for paying any Service Fees that you owe to WalkWithMe Tours. The applicable Service Fees (including any applicable Taxes) are collected by WalkWithMe Tours. WalkWithMe Tours will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Customer Fees are included in the Total Fees collected by WalkWithMe Tours. Except as otherwise provided on the WalkWithMe Tours Platform, Service Fees are non-refundable.

7. Terms specific for Hosts

7.1 Terms applicable to all Listings

7.1.1 When creating a Listing through the WalkWithMe Tours Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by WalkWithMe Tours. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Customer requests a booking of your Listing, you may not request that the Customer pays a higher price than in the booking request.

7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

7.1.4 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Host Services. WalkWithMe Tours reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

7.1.5 The placement and ranking of Listings in search results on the WalkWithMe Tours Platform may vary and depend on a variety of factors, such as Customer search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking. More information about the factors that determine how your Listing appears in search results can be found on our help center.

7.1.6 When you accept or have pre-approved a booking request by a Customer, you are entering into a legally binding agreement with the Customer and are required to provide your Host Service(s) to the Customer as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.

7.1.8 WalkWithMe Tours recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular 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 Customers (and the individuals the Customer has booked for, if applicable) while participating in your Experience, Event or other Host Service.

7.2 Listing Live Tours, Experiences, Events and other Host Services

To list a Live Tour, Experience, Event or other Host Service, you must create a Listing and submit the Live Tour, Experience, Event or Host Service to WalkWithMe Tours. Live Tours, Experiences, Events or other Host Services must at all times meet the quality standards for Experiences. WalkWithMe Tours reserves the right to decide, in its sole discretion, whether a submitted Experience, Event or other Host Service will be published on the WalkWithMe Tours Platform. Once published, a Live Tour, Experience, Event or other Host Service may be removed pursuant to the removal provisions below or pursuant to any applicable removal provision in the WalkWithMe Tours Terms of Service.

When listing a Live Tour, Experience, Event or other Host Service you must, where applicable, fully educate and inform Customers about (i) any risks inherent to the Live Tour, Experience, Event or other Host Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Live Tour, Experience, Event or other Host Service (including dress codes, equipment, special certifications or licenses, etc.).

Once your Live Tour, Experience, Event or other Host Service is published on the WalkWithMe Tours platform, you will have the ability to add dates and times when you offer your Experience through the WalkWithMe Tours Platform. By making your Live Tour, Experience, Event or other Host Service available for a particular date and time on the WalkWithMe Tours Platform (an “Instance”), you agree that only people who book through WalkWithMe Tours can attend that Instance of the Live Tour, Experience, Event or other Host Service. You further agree that you will not allow people to attend any Instance of your Live Tour, Experience, Event or other Host Service available on the WalkWithMe Tours Platform unless that person booked through WalkWithMe Tours (or was added as an additional Customer for a spot booked through the WalkWithMe Tours Platform).

If you wish to list a Live Tour, Experience, Event or other Host Service on behalf of a Nonprofit (“Social Impact Experience”), you must comply with the eligibility requirements for hosting a Social Impact Experience. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of your Nonprofit and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Nonprofit. You and your Nonprofit acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with WalkWithMe Tours and WalkWithMe Tours is not a professional fundraiser or commercial participator. Nonprofits, and not WalkWithMe Tours, are responsible for determining what, if any, portion of their Listing Fee is a charitable contribution and for providing Customers charitable tax receipts for any applicable charitable contributions. You and your Nonprofit are solely responsible for complying with all laws that apply to your organization and your Social Impact Experience.

Hosts alone are responsible for the Live Tour, Experiences, Events, or other Host Services that they submit, list and provide. WalkWithMe Tours merely provides the WalkWithMe Tours Services and is not itself an operator or provider of tours, activities, travel services, Experiences, Events or other Host Services. WalkWithMe Tours does not own, sell, resell, furnish, provide, manage and/or control any such Experiences, Events or other Host Services. WalkWithMe Tours’ responsibilities are limited to making the Listings for Experiences, Events or other Host Services available through the WalkWithMe Tours Platform.

You are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to host your Experience, Event or other Host Service. You are solely responsible for ensuring that the Equipment used in your Experience, Event or other Host Service is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.

Additional Experience Host Responsibilities

You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Experience, Event or other Host Service(s), (ii) obtaining any required licenses, permits, or registrations prior to providing your Experience, Event or other Host Service(s); and (iii) ensuring that your Listing and/or Hosting of an Experience, Event, or other Host Service(s) will not breach any agreement you may have with any third party. You can find additional information about some of the legal obligations that may apply to you on our Responsible Hosting pages.

You must provide your Experience, Event or other Host Service in person and may not allow any third party to provide the Experience, Event or other Host Service on your behalf, unless authorized by WalkWithMe Tours. Section 7.4 of the WalkWithMe Tours Terms of Service provides additional terms regarding co-hosting.

Severability

If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

Survival

Unless you reside in Germany, if you or we terminate the Experience Host Terms, the clauses of these Experience Host Terms that reasonably should survive termination of the Experience Host Terms will remain in effect. When the Experience Host Terms are terminated, you are not entitled to a restoration of your account (if your account is cancelled) or of the Member Content.

7.3 Co-Hosts

7.3.1 WalkWithMe Tours may enable Hosts to authorize other Members (“Co-Hosts”) to administer the Host’s Listing(s), and to bind the Host and take certain actions in relation to the Listing(s) as permitted by the Host, such as accepting booking requests, messaging and welcoming Customers, and updating the Listing Fee and calendar availability (collectively, “Co-Host Services”). Any agreement formed between Host and Co-Host may not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Host Service(s). Co-Hosts may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by WalkWithMe Tours. WalkWithMe Tours reserves the right, in our sole discretion, to limit the number of Co-Hosts a Host may invite for each Listing and to limit the number of Listings a Co-Host may manage.

7.3.2 Hosts should exercise due diligence and care when deciding who to add as a Co-Host to their Listing(s). Hosts remain solely responsible and liable for any and all Listings and Member Content published on the WalkWithMe Tours Platform, including any Listing created by a Co-Host on their behalf. Further, Hosts remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Host(s). Co-Hosts remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Host, including, but not limited to, conduct that causes harm or damage to the Host. In addition, both Host and Co-Host are jointly responsible and severally liable for third party claims, including Customer claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Customers, and the provision of any Co-Host Services.

7.3.3 Unless agreed otherwise by Host and Co-Host, Host and Co-Host may terminate the Co-Host agreement at any time. In addition, both Host and Co-Host acknowledge that their Co-hosting relationship will terminate in the event that WalkWithMe Tours (i) terminates the Co-Host service or (ii) terminates either party’s participation in the Co-Host service. When the Co-Host agreement is terminated, the Host will remain responsible for all of the Co-Host’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Member is removed as a Co-Host, that Member will no longer have access to any Host or Customer information related to the applicable Host’s Listing(s).

7.3.4 As a Co-Host, you will not be reviewed by Customers, meaning that your Co-Host activities will not affect your Reviews or Ratings for other Listings for which you are a Host. Instead, the Host of such Listing(s) will be reviewed by Customers (including potentially on the basis of the Co-Host’s conduct and performance). Hosts acknowledge that Reviews and Ratings from Customers for their Listing(s) may be impacted by a Co-Host’s conduct and performance.

8. Terms specific for Customers

8.1 Terms applicable to all bookings

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by WalkWithMe Tours and/or the Host, you can book a Listing available on the WalkWithMe Tours Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Customer Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your WalkWithMe Tours Account.

8.1.2 Upon receipt of a booking confirmation from WalkWithMe Tours, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. WalkWithMe Tours will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms. For certain bookings, Customers may be required to pay or have the option to pay in multiple installments.

8.1.3 If you book a Host Service on behalf of additional Customers, you are required to ensure that every additional Customer meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional Customer who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.

8.1.4 WalkWithMe Tours may enable a Customer who is booking a Listing on behalf of one or more additional Customers (the “Organizer”) to split the payment of the Total Fees for an eligible booking on a pro-rata basis between the Organizer and at least one other additional Customer (each a “Co-Payer”) (the “Group Payment Service”). In order to participate in the Group Payment Service, each Co-Payer must have or register an WalkWithMe Tours Account prior to making a payment. All payments via the Group Payment Service are handled by WalkWithMe Tours and are subject to the Group Payment Terms of Service.

8.2 Booking Live Tours, Experiences, Events and other Host Services

8.2.1 You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional Customers you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional Customer’s ability to participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service.

8.2.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.

8.2.3 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional Customer during the booking process on the WalkWithMe Tours Platform.

8.3 WalkWithMe Tours Travel Credits

WalkWithMe Tours Travel Credits may be redeemed for eligible bookings via the WalkWithMe Tours Platform as specified in the terms and conditions provided with the Travel Credit. You may only redeem WalkWithMe Tours Travel Credits after the WalkWithMe Tours Travel Credits are reflected in your WalkWithMe Tours Account.

9. Booking Modifications, Cancellations and Refunds, Resolution Center

9.1 Hosts and Customers are responsible for any modifications to a booking that they make via the WalkWithMe Tours Platform or direct WalkWithMe Tours customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, Host Fees or Customer Fees and/or Taxes associated with such Booking Modifications.

9.2 Customers can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Host, and WalkWithMe Tours will refund the amount of the Total Fees due to the Customer in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by WalkWithMe Tours pursuant to the Payments Terms.

9.3 If a Host cancels a confirmed booking, the Customer will receive a full refund of the Total Fees for such booking. In some instances, WalkWithMe Tours may allow the Customer to apply the refund to a new booking, in which case WalkWithMe Tours will credit the amount against the Customer’s subsequent booking at the Customer’s direction. Further, WalkWithMe Tours may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, WalkWithMe Tours may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to WalkWithMe Tours Extenuating Circumstances Policy or has legitimate concerns about the Customer’s behavior.

9.4 For Live Tours, Experiences, Events and other Host Services, if weather poses a safety risk to Customers, or if it prevents a Host from carrying out a Host Service that takes place primarily outdoors, Hosts may cancel the Host Service. Hosts may also cancel the Host Service if other conditions exist that would prevent the Host from offering the Host Service safely.

9.5 In certain circumstances, WalkWithMe Tours may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth in WalkWithMe Tours Extenuating Circumstances Policy or (i) where WalkWithMe Tours believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to WalkWithMe Tours, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.

9.6 If a Customer or WalkWithMe Tours cancels a confirmed booking, and the Customer receives a refund in accordance with the Refund Policy or the applicable cancellation policy set by the Host and mentioned in the Listing, after the Host has already been paid, WalkWithMe Tours will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future Payouts due to the Host.

9.7 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your WalkWithMe Tours Account, and WalkWithMe Tours will handle all such payments.

10. Ratings and Reviews

10.1 Within a certain timeframe after completing a booking, Customers and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of WalkWithMe Tours. Ratings and Reviews are not verified by WalkWithMe Tours for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by Customers and Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with WalkWithMe Tours Content Policy and Extortion Policy.

10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the WalkWithMe Tours Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

11. Disputes between Members

11.1 Members agree to cooperate with and assist WalkWithMe Tours in good faith, and to provide WalkWithMe Tours with such information and take such actions as may be reasonably requested by WalkWithMe Tours, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Experiences, (ii) Co-Host agreements, or (iii) a Group Payment Booking. A Member shall, upon WalkWithMe Tours’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by WalkWithMe Tours or a third party selected by WalkWithMe Tours or its insurer, with respect to losses for which a Member is requesting payment from WalkWithMe Tours (including but not limited to payments under the WalkWithMe Tours Host Guarantee or payment under Japan Host Insurance).

11.2 If you are a Customer or a Co-Host, you understand and agree that WalkWithMe Tours may make a claim to any loss that you may have caused, or been responsible for. You agree to cooperate with and assist WalkWithMe Tours in good faith, and to provide WalkWithMe Tours with such information as may be reasonably requested by WalkWithMe Tours, to make a claim under your insurance policy, including, but not limited to, executing documents and taking such further acts as WalkWithMe Tours may reasonably request to assist WalkWithMe Tours in accomplishing the foregoing.

12. Rounding off

WalkWithMe Tours generally supports payment amounts that are payable from or to Customers or Hosts to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where WalkWithMe Tours’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, WalkWithMe Tours may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Customers or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, WalkWithMe Tours may round up an amount of €101.50 to €102.00, and round down an amount of €101.49 to €101.00.

13. Taxes

13.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).

13.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.

14. Prohibited Activities

14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the WalkWithMe Tours Platform. In connection with your use of the WalkWithMe Tours Platform, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
  • use the WalkWithMe Tours Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies WalkWithMe Tours endorsement, partnership or otherwise misleads others as to your affiliation with WalkWithMe Tours;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the WalkWithMe Tours Platform in any way that is inconsistent with WalkWithMe Tours Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
  • make an audio-, video- or screen-recording or photograph of the screen during any live tour or service
  • use the WalkWithMe Tours Platform in connection with the distribution of unsolicited commercial messages (“spam”);
  • unless WalkWithMe Tours explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
  • contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member’s use of the WalkWithMe Tours Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
  • use the WalkWithMe Tours Platform to request, make or accept a booking independent of the WalkWithMe Tours Platform, to circumvent any Service Fees or for any other reason;
  • request, accept or make any payment for Listing Fees outside of the WalkWithMe Tours Platform or WalkWithMe Tours. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold WalkWithMe Tours harmless from any liability for such payment;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
  • misuse or abuse any Listings or services associated with the WalkWithMe Tours Open Homes program as determined by WalkWithMe Tours in its sole discretion.
  • use, display, mirror or frame the WalkWithMe Tours Platform or Collective Content, or any individual element within the WalkWithMe Tours Platform, WalkWithMe Tours’s name, any WalkWithMe Tours trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the WalkWithMe Tours Platform, without WalkWithMe Tours express written consent;
  • dilute, tarnish or otherwise harm the WalkWithMe Tours brand in any way, including through unauthorized use of Collective Content, registering and/or using WalkWithMe Tours or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to WalkWithMe Tours domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the WalkWithMe Tours Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by WalkWithMe Tours or any of WalkWithMe Tours providers or any other third party to protect the WalkWithMe Tours Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the WalkWithMe Tours Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the WalkWithMe Tours Platform;
  • export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

14.2 You acknowledge that WalkWithMe Tours has no obligation to monitor the access to or use of the WalkWithMe Tours Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the WalkWithMe Tours Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist WalkWithMe Tours in good faith, and to provide WalkWithMe Tours with such information and take such actions as may be reasonably requested by WalkWithMe Tours with respect to any investigation undertaken by WalkWithMe Tours or a representative of WalkWithMe Tours regarding the use or abuse of the WalkWithMe Tours Platform.

14.3 If you feel that any Member you interact with, whether online or in person, 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 WalkWithMe Tours by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

15. Term and Termination, Suspension and other Measures

15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or WalkWithMe Tours terminate the Agreement in accordance with this provision.

15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your WalkWithMe Tours Account as a Host, any confirmed booking(s) will be automatically cancelled and your Customers will receive a full refund. If you cancel your WalkWithMe Tours Account as a Customer, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

15.3 Without limiting our rights specified below, WalkWithMe Tours may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.

15.4 WalkWithMe Tours may immediately, without notice, terminate this Agreement and/or stop providing access to the WalkWithMe Tours Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) WalkWithMe Tours believes in good faith that such action is reasonably necessary to protect the personal safety or property of WalkWithMe Tours, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

15.5 In addition, WalkWithMe Tours may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the WalkWithMe Tours Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or WalkWithMe Tours otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) WalkWithMe Tours believes in good faith that such action is reasonably necessary to protect the personal safety or property of WalkWithMe Tours, its Members, or third parties, or to prevent fraud or other illegal activity:

  • refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
  • cancel any pending or confirmed bookings;
  • limit your access to or use of the WalkWithMe Tours Platform;
  • temporarily or permanently revoke any special status associated with your WalkWithMe Tours Account;
  • temporarily or in case of severe or repeated offenses permanently suspend your WalkWithMe Tours Account and stop providing access to the WalkWithMe Tours Platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by WalkWithMe Tours and an opportunity to resolve the issue to WalkWithMe Tours’s reasonable satisfaction.

15.6 If we take any of the measures described above (i) we may refund your Customers in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

15.7 When this Agreement has been terminated, you are not entitled to a restoration of your WalkWithMe Tours Account or any of your Member Content. If your access to or use of the WalkWithMe Tours Platform has been limited or your WalkWithMe Tours Account has been suspended or this Agreement has been terminated by us, you may not register a new WalkWithMe Tours Account or access and use the WalkWithMe Tours Platform through an WalkWithMe Tours Account of another Member.

15.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.

16. Disclaimers

If you choose to use the WalkWithMe Tours Platform or Collective Content, you do so voluntarily and at your sole risk. The WalkWithMe Tours Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the WalkWithMe Tours Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by WalkWithMe Tours relating to a Listing.

If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

You agree that some Live Tours, Experiences, Events, other Host Services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service or the Group Payment Service. If you are bringing a minor as an additional Customer, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless WalkWithMe Tours from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

17. 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 WalkWithMe Tours Platform and Collective Content, your publishing or booking of any Listing via the WalkWithMe Tours Platform, participation in any Experience or Event or use of any other Host Service, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither WalkWithMe Tours nor any other party involved in creating, producing, or delivering the WalkWithMe Tours Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the WalkWithMe Tours Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the WalkWithMe Tours Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not WalkWithMe Tours 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 Hosts pursuant to these Terms or an approved payment request under the WalkWithMe Tours Host Guarantee or Japan Host Insurance, in no event will WalkWithMe Tours’s aggregate liability arising out of or in connection with these Terms and your use of the WalkWithMe Tours Platform including, but not limited to, from your publishing or booking of any Listings via the WalkWithMe Tours Platform, or from the use of or inability to use the WalkWithMe Tours Platform or Collective Content and in connection with any Live Tours, Experiences, Event, other Host Service, the Group Payment Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the WalkWithMe Tours Platform as a Customer in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by WalkWithMe Tours to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$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 WalkWithMe Tours 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. If you reside outside of Germany, this does not affect WalkWithMe Tours’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

18. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at WalkWithMe Tours’s option), indemnify, and hold WalkWithMe Tours and its affiliates and subsidiaries, including but not limited to, WalkWithMe Tours, 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 Terms or our Policies or Standards, (ii) your improper use of the WalkWithMe Tours Platform or any WalkWithMe Tours Services, (iii) your interaction with any Member, participation in an Live Tours,  Experience, Event or other Host Service, participation in the Group Payment Service, 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, (iv) your breach of any laws, regulations or third party rights.

19. Dispute Resolution and Arbitration Agreement

19.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the EU; or (ii) your country of residence or establishment is not in the EU, but bring any claim against WalkWithMe Tours in the EU (to the extent not in conflict with Section 21).

19.2 Overview of Dispute Resolution Process. WalkWithMe Tours is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with WalkWithMe Tours’ customer service team, and (2) a binding arbitration administered by the European Commission using its specially designed Consumer Arbitration Rules8. Specifically, the Consumer Arbitration Rules provide:

  • Claims can be filed with the European Commission online (http://ec.europa.eu/consumers/odr);
  • Arbitrators must be neutral and no party may unilaterally select an arbitrator;
  • Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
  • Parties retain the right to seek relief in small claims court for certain claims, at their option;
  • The initial filing fee for the consumer is capped at $200;
  • The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
  • The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and WalkWithMe Tours each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact WalkWithMe Tours customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the European Commission the written Demand for Arbitration provided to the other party.

19.4 Agreement to Arbitrate. You and WalkWithMe Tours mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the WalkWithMe Tours Platform, the Host Services, the Group Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and WalkWithMe Tours agree that the arbitrator will decide that issue.

19.5 Exceptions to Arbitration Agreement. You and WalkWithMe Tours each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by European Commission in accordance with the Consumer Arbitration Rules and/or other European Commission arbitration rules determined to be applicable by the European Commission then in effect, except as modified here.

19.7 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

19.8 Jury Trial Waiver. You and WalkWithMe Tours acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

19.9 No Class Actions or Representative Proceedings. You and WalkWithMe Tours acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and WalkWithMe Tours both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and WalkWithMe Tours agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

19.10 Severability. Except as provided in Section 19.9, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

19.11 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if WalkWithMe Tours changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of WalkWithMe Tours’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and WalkWithMe Tours (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and WalkWithMe Tours.

19.12 Survival. Except as provided in Section 19.10 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the WalkWithMe Tours Platform or terminate your WalkWithMe Tours Account.

20. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the WalkWithMe Tours Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the WalkWithMe Tours Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

21. Applicable Law and Jurisdiction

21.1 If your country of residence or establishment is the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in Berlin, Germany, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Berlin, Germany.

21.2 If your country of residence or establishment is China these Terms will be interpreted in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with this Agreement shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which WalkWithMe Tours may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.

21.3 If your country of residence or establishment is outside of the United States and China, these Terms will be interpreted in accordance with German law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the German courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in German or a court with jurisdiction in your place of residence. If WalkWithMe Tours wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the German courts.

22. General Provisions

22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between WalkWithMe Tours and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between WalkWithMe Tours and you in relation to the access to and use of the WalkWithMe Tours Platform.

22.2 No joint venture, partnership, employment, or agency relationship exists between you and WalkWithMe Tours as a result of this Agreement or your use of the WalkWithMe Tours Platform.

22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

22.5 WalkWithMe Tours’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these 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 permitted under law.

22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without WalkWithMe Tours’s prior written consent. WalkWithMe Tours may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by WalkWithMe Tours via email, WalkWithMe Tours Platform notification, or messaging service (including SMS and WeChat). If your booking is in respect of a Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies WalkWithMe Tours’s obligations under Article 59 Paragraph 1 of the Japanese Housing Accommodation Business Act.

22.8 If you have any questions about these Terms please email us.

 

TERMS OF SERVICE FOR EUROPEAN USERS

Please read these Terms of Service for European Users (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the WalkWithMe Tours Platform, you agree to comply with and be bound by these Terms.

Please note: Section 19 of these Terms contains an arbitration clause and class action waiver that applies to all claims brought against WalkWithMe Tours in the United States. It affects how disputes with WalkWithMe Tours are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

You can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that WalkWithMe Tours is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

Last Updated: September 18, 2020

Thank you for using WalkWithMe Tours!

These Terms constitute a legally binding agreement (“Agreement“) between you and WalkWithMe Tours (as defined below) governing your access to and use of the WalkWithMe Tours website, including any subdomains thereof, and any other websites through which WalkWithMe Tours makes its services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “WalkWithMe Tours Services“). The Site, Application and WalkWithMe Tours Services together are hereinafter collectively referred to as the “WalkWithMe Tours Platform”. Our Refund Policy, Nondiscrimination Policy and other Policies applicable to your use of the WalkWithMe Tours Platform are incorporated by reference into this Agreement.

When these Terms mention “WalkWithMe Tours,” “we,” “us,” or “our,” it refers to WalkWithMe Tours, Fürbringerstr. 30, 10961 Berlin, Germany.

If you change your country of residence or establishment to a country outside of the EEA, the WalkWithMe Tours company you contract with and the applicable Terms of Service will be determined by your new country of residence or establishment as specified in the Terms of Service for Non-European Users, from the date on which your country of residence or establishment changes.

Our collection and use of personal information in connection with your access to and use of the WalkWithMe Tours Platform is described in our Privacy Policy.

Any and all payment processing services through or in connection with your use of the WalkWithMe Tours Platform (“Payment Services“) are provided to you by one or more WalkWithMe Tours entities (individually and collectively, as appropriate, “WalkWithMe Tours“) as set out in the Payments Terms of Service (“Payments Terms“).

Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services (as defined below). For example, some cities have laws that restrict their ability to host paying Customers for short periods or provide certain Host Services. In many cities, Hosts may have to register, get a permit or obtain a license before providing certain Host Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle). Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on WalkWithMe Tours, you should always seek legal guidance.

1. Scope of WalkWithMe Tours Services

1.1 The WalkWithMe Tours Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the WalkWithMe Tours Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Customers”). Host Services may include the offering of access to unique events and locations (“Live Events”), and a variety of other travel and non-travel related services.

1.2 As the provider of the WalkWithMe Tours Platform, WalkWithMe Tours does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is WalkWithMe Tours an organiser or retailer of travel packages under Directive (EU) 2015/2302. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. WalkWithMe Tours is not and does not become a party to or other participant in any contractual relationship between Members, nor is WalkWithMe Tours a real estate broker or insurer. WalkWithMe Tours is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

1.3 While we may help facilitate the resolution of disputes, WalkWithMe Tours has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. WalkWithMe Tours does not endorse any Member, Listing or Host Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by WalkWithMe Tours about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Customer, or communicate and interact with other Members, whether online or in person.

1.4 If you choose to use the WalkWithMe Tours Platform as a Host or Co-Host (as defined below), your relationship with WalkWithMe Tours is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of WalkWithMe Tours for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of WalkWithMe Tours. WalkWithMe Tours does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.

1.5 To promote the WalkWithMe Tours Platform and to increase the exposure of Listings to potential Customers, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements in accordance with Section 5. To assist Members who speak different languages, WalkWithMe Tours may make automated tools available to enable Members to translate Listings and other Member Content, in whole or in part, into other languages. Members are free to use these tools at their own discretion. WalkWithMe Tours cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations.

1.6 The WalkWithMe Tours Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. WalkWithMe Tours is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by WalkWithMe Tours of such Third-Party Services.

1.7 WalkWithMe Tours is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the WalkWithMe Tours Platform. WalkWithMe Tours may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the WalkWithMe Tours Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the WalkWithMe Tours Platform. Section 17 (Liability) remains unaffected. WalkWithMe Tours may improve, enhance and modify the WalkWithMe Tours Platform and introduce new WalkWithMe Tours Services from time to time. WalkWithMe Tours will provide notice to Members of any changes to the WalkWithMe Tours Platform, unless such changes are of minor nature without having a material effect on the parties’ contractual obligations.

2. Eligibility, Using the WalkWithMe Tours Platform, Member Verification

2.1 In order to access and use the WalkWithMe Tours Platform or register an WalkWithMe Tours Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts.

2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

2.3 WalkWithMe Tours may make access to and use of the WalkWithMe Tours Platform, or certain areas or features of the WalkWithMe Tours Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

2.5 The access to or use of certain areas and features of the WalkWithMe Tours Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions,before you can access the relevant areas or features of the WalkWithMe Tours Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the WalkWithMe Tours Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the WalkWithMe Tours Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

3. Modification of these Terms

WalkWithMe Tours reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the WalkWithMe Tours Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the WalkWithMe Tours Platform will constitute acceptance of the revised Terms.

4. Account Registration

4.1 You must register an account (“WalkWithMe Tours Account“) to access and use certain features of the WalkWithMe Tours Platform, such as publishing or booking a Listing. If you are registering an WalkWithMe Tours Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You can register an WalkWithMe Tours Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account“). You have the ability to disable the connection between your WalkWithMe Tours Account and your SNS Account at any time, by accessing the “Settings” section of the WalkWithMe Tours Platform.

4.3 You must provide accurate, current and complete information during the registration process and keep your WalkWithMe Tours Account and public WalkWithMe Tours Account profile page information up-to-date at all times.

4.4 You may not register more than one (1) WalkWithMe Tours Account unless WalkWithMe Tours authorizes you to do so. You may not assign or otherwise transfer your WalkWithMe Tours Account to another party.

4.5 You are responsible for maintaining the confidentiality and security of your WalkWithMe Tours Account credentials and may not disclose your credentials to any third party. You must immediately notify WalkWithMe Tours if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your WalkWithMe Tours Account. You are liable for any and all activities conducted through your WalkWithMe Tours Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

4.6 WalkWithMe Tours may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your WalkWithMe Tours Account. For example, we may enable Members to link their WalkWithMe Tours Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by WalkWithMe Tours to ask for your credentials, and you shall not request the credentials of another Member.

5. Content

5.1 WalkWithMe Tours may enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the WalkWithMe Tours Platform (“Member Content“); and (ii) access and view Member Content and any content that WalkWithMe Tours itself makes available on or through the WalkWithMe Tours Platform, including proprietary WalkWithMe Tours content and any content licensed or authorized for use by or through WalkWithMe Tours from a third party (“WalkWithMe Tours Content” and together with Member Content, “Collective Content“).

5.2 The WalkWithMe Tours Platform, WalkWithMe Tours Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the WalkWithMe Tours Platform and WalkWithMe Tours Content, including all associated intellectual property rights, are the exclusive property of WalkWithMe Tours and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the WalkWithMe Tours Platform, WalkWithMe Tours Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of WalkWithMe Tours used on or in connection with the WalkWithMe Tours Platform and WalkWithMe Tours Content are trademarks or registered trademarks of WalkWithMe Tours in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the WalkWithMe Tours Platform, WalkWithMe Tours Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the WalkWithMe Tours Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or 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 WalkWithMe Tours or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, WalkWithMe Tours grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the WalkWithMe Tours Platform and accessible to you, solely for your personal and non-commercial use.

5.5 By uploading, posting or otherwise making available any Member Content on or through the WalkWithMe Tours Platform, you grant to WalkWithMe Tours, as you create, publish or make it available, a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to such Member Content, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the WalkWithMe Tours Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, WalkWithMe Tours does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content as long as your Member Content does not contain WalkWithMe Tours’ catchphrase “Come walk with me”.

5.6 You are solely responsible for all Member Content that you make available on or through the WalkWithMe Tours Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the WalkWithMe Tours Platform or you have all rights, licenses, consents and releases that are necessary to grant to WalkWithMe Tours the rights in and to 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 WalkWithMe Tours’s use of the Member Content (or any portion thereof) as contemplated under these Terms 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.

5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates WalkWithMe Tours Content Policy or any other WalkWithMe Tours policy. WalkWithMe Tours may remove or disable access to any Member Content that is in violation of applicable law, these Terms or WalkWithMe Tours then-current Policies or Standards, or otherwise may be harmful or objectionable to WalkWithMe Tours, its Members, third parties, or property. Where WalkWithMe Tours removes or disables Member Content, WalkWithMe Tours will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (ii) contravene applicable laws. You may appeal such a decision by contacting customer service.

5.9 WalkWithMe Tours respects copyright law and expects its Members to do the same. If you believe that any content on the WalkWithMe Tours Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.

6. Service Fees

6.1 WalkWithMe Tours may charge fees to Hosts (“Host Fees“) and/or Customers (“Customer Fees“) (collectively, “Service Fees“) in consideration for the use of the WalkWithMe Tours Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Customer prior to publishing or booking a Listing. WalkWithMe Tours reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

6.3 You are responsible for paying any Service Fees that you owe to WalkWithMe Tours. The applicable Service Fees (including any applicable Taxes) are collected by WalkWithMe Tours. WalkWithMe Tours will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Customer Fees are included in the Total Fees collected by WalkWithMe Tours. Except as otherwise provided on the WalkWithMe Tours Platform, Service Fees are non-refundable.

7. Terms specific for Hosts

7.1 Terms applicable to all Listings

7.1.1 When creating a Listing through the WalkWithMe Tours Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by WalkWithMe Tours. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Customer requests a booking of your Listing, you may not request that the Customer pays a higher price than in the booking request.

7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

7.1.4 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Host Services. WalkWithMe Tours reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

7.1.5 The placement and ranking of Listings in search results on the WalkWithMe Tours Platform may vary and depend on a variety of factors, such as Customer search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking. More information about the factors that determine how your Listing appears in search results can be found on our help center.

7.1.7 When you accept or have pre-approved a booking request by a Customer, you are entering into a legally binding agreement with the Customer and are required to provide your Host Service(s) to the Customer as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.

7.1.8 WalkWithMe Tours recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular 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 Customers (and the individuals the Customer has booked for, if applicable) while participating in your Experience, Event or other Host Service.

7.2 Listing Experiences, Events and other Host Services

Hosts who list Experiences, Events and Host Services other than Accommodations agree to and are subject to the Additional Terms for Experience Hosts.

7.3 Co-Hosts

7.3.1 WalkWithMe Tours may enable Hosts to authorize other Members (“Co-Hosts”) to administer the Host’s Listing(s), and to bind the Host and take certain actions in relation to the Listing(s) as permitted by the Host, such as accepting booking requests, messaging and welcoming Customers, and updating the Listing Fee and calendar availability (collectively, “Co-Host Services”). Any agreement formed between Host and Co-Host may not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Host Service(s). Co-Hosts may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by WalkWithMe Tours. WalkWithMe Tours reserves the right, in our sole discretion, to limit the number of Co-Hosts a Host may invite for each Listing and to limit the number of Listings a Co-Host may manage.

7.4.2 Hosts should exercise due diligence and care when deciding who to add as a Co-Host to their Listing(s). Hosts are responsible and liable for any and all Listings and Member Content published on the WalkWithMe Tours Platform created by a Co-Host on their behalf. Further, Hosts remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Host(s). Co-Hosts remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Host, including, but not limited to, conduct that causes harm or damage to the Host. In addition, both Host and Co-Host are jointly responsible and severally liable for third party claims, including Customer claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Customers, and the provision of any Co-Host Services.

7.4.3 Unless agreed otherwise by Host and Co-Host, Host and Co-Host may terminate the Co-Host agreement at any time. In addition, both Host and Co-Host acknowledge that their Co-hosting relationship will terminate in the event that WalkWithMe Tours (i) terminates the Co-Host service or (ii) terminates either party’s participation in the Co-Host service. When the Co-Host agreement is terminated, the Host will remain responsible for all of the Co-Host’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination, except in the event of gross misconduct or malicious behavior of the Co-Host. When a Member is removed as a Co-Host, that Member will no longer have access to any Host or Customer information related to the applicable Host’s Listing(s).

7.4.4 As a Co-Host, you will not be reviewed by Customers, meaning that your Co-Host activities will not affect your Reviews or Ratings for other Listings for which you are a Host. Instead, the Host of such Listing(s) will be reviewed by Customers (including potentially on the basis of the Co-Host’s conduct and performance). Hosts acknowledge that Reviews and Ratings from Customers for their Listing(s) may be impacted by a Co-Host’s conduct and performance.

8. Terms specific for Customers

8.1 Terms applicable to all bookings

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by WalkWithMe Tours and/or the Host, you can book a Listing available on the WalkWithMe Tours Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Customer Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your WalkWithMe Tours Account.

8.1.2 Upon receipt of a booking confirmation from WalkWithMe Tours, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. WalkWithMe Tours will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms. For certain bookings, Customers may be required to pay or have the option to pay in multiple installments.

8.1.3 If you book a Host Service on behalf of additional Customers, you are required to ensure that every additional Customer meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional Customer who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.

8.1.4 WalkWithMe Tours may enable a Customer who is booking a Listing on behalf of one or more additional Customers (the “Organizer”) to split the payment of the Total Fees for an eligible booking on a pro-rata basis between the Organizer and at least one other additional Customer (each a “Co-Payer”) (the “Group Payment Service”). In order to participate in the Group Payment Service, each Co-Payer must have or register an WalkWithMe Tours Account prior to making a payment. All payments via the Group Payment Service are handled by WalkWithMe Tours and are subject to the Group Payment Terms of Service.

8.2 Booking Live Tour, Experiences, Events and other Host Services

8.2.1 You should carefully review the description of any Live Tour, Experience, Event or other Host Service you intend to book to ensure you (and any additional Customers you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional Customer’s ability to participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply.

8.2.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.

8.2.3 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional Customer during the booking process on the WalkWithMe Tours Platform.

8.3 WalkWithMe Tours Travel Credits

WalkWithMe Tours Travel Credits may be redeemed for eligible bookings via the WalkWithMe Tours Platform as specified in the terms and conditions provided with the Travel Credit. You may only redeem WalkWithMe Tours Travel Credits after the WalkWithMe Tours Travel Credits are reflected in your WalkWithMe Tours Account.

9. Booking Modifications, Cancellations and Refunds, Resolution Center

9.1 Hosts and Customers are responsible for any modifications to a booking that they make via the WalkWithMe Tours Platform or direct WalkWithMe Tours customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, Host Fees or Customer Fees and/or Taxes associated with such Booking Modifications.

9.2 Customers can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Host, and WalkWithMe Tours will refund the amount of the Total Fees due to the Customer in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by WalkWithMe Tours pursuant to the Payments Terms.

9.3 If a Host cancels a confirmed booking, the Customer will receive a full refund of the Total Fees for such booking. In some instances, WalkWithMe Tours may allow the Customer to apply the refund to a new booking, in which case WalkWithMe Tours will credit the amount against the Customer’s subsequent booking at the Customer’s direction. Further, WalkWithMe Tours may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, WalkWithMe Tours may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to WalkWithMe Tours Extenuating Circumstances Policy or has legitimate concerns about the Customer’s behavior.

9.4 For Live Tours, Experiences, Events and other Host Services, if weather poses a safety risk to Customers, or if it prevents a Host from carrying out a Host Service that takes place primarily outdoors, Hosts may cancel the Host Service. Hosts may also cancel the Host Service if other conditions exist that would prevent the Host from offering the Host Service safely.

9.5 In certain circumstances, WalkWithMe Tours may cancel a pending or confirmed booking on behalf of a Host or Customer and initiate corresponding refunds and payouts. This may be for reasons set forth in WalkWithMe Tours Extenuating Circumstances Policy or for the reasons set out in Section 15 of these Terms. Where WalkWithMe Tours cancels a booking, WalkWithMe Tours will, notify Members and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal a cancellation by contacting customer service.

9.6 If a Customer who books a Live Tour, Experience, Event or other Host Service suffers a Travel Issue as defined in the Experiences Customer Refund Policy, WalkWithMe Tours may determine, in its sole discretion, to refund the Customer part or all of the Total Fees in accordance with the Experiences Customer Refund Policy.

9.7 If a Customer or WalkWithMe Tours cancels a confirmed booking, and the Customer receives a refund in accordance with the Refund Policy or the applicable cancellation policy set by the Host and mentioned in the Listing, after the Host has already been paid, WalkWithMe Tours will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future Payouts due to the Host.

9.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Host Services, Co-Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your WalkWithMe Tours Account, and WalkWithMe Tours will handle all such payments.

10. Ratings and Reviews

10.1 Within a certain timeframe after completing a booking, Customers and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of WalkWithMe Tours. Ratings and Reviews are not verified by WalkWithMe Tours for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by Customers and Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with WalkWithMe Tours Content Policy and Extortion Policy.

10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the WalkWithMe Tours Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

11. Disputes between Members

11.1 Members agree to cooperate with and assist WalkWithMe Tours in good faith, and to provide WalkWithMe Tours with such information and take such actions as may be reasonably requested by WalkWithMe Tours, in connection with any  complaints or claims made by Members relating to (i) Experiences, (ii) Co-Host agreements, or (iii) a Group Payment Booking. A Member shall, upon WalkWithMe Tours’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by WalkWithMe Tours or a third party selected by WalkWithMe Tours or its insurer, with respect to losses for which a Member is requesting payment from WalkWithMe Tours (including but not limited to payments under the WalkWithMe Tours Host Guarantee). Members are entitled to terminate their participation in the mediation or similar resolution process at any time. A Member’s right to take legal action before a court of law remains unaffected.

12. Rounding off

WalkWithMe Tours generally supports payment amounts that are payable from or to Customers or Hosts to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where WalkWithMe Tours’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, WalkWithMe Tours may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Customers or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, WalkWithMe Tours may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.

13. Taxes

13.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).

13.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with the required documentation under applicable law (e.g. a tax number) to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law until resolution.

14. Prohibited Activities

14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the WalkWithMe Tours Platform. In connection with your use of the WalkWithMe Tours Platform, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
  • use the WalkWithMe Tours Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies WalkWithMe Tours endorsement, partnership or otherwise misleads others as to your affiliation with WalkWithMe Tours;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the WalkWithMe Tours Platform in any way that is inconsistent with WalkWithMe Tours Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
  • make an audio-, video- or screen-recording or photograph of the screen during any live tour or service
  • use the WalkWithMe Tours Platform in connection with the distribution of unsolicited commercial messages (“spam”);
  • offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the WalkWithMe Tours Platform;
  • unless WalkWithMe Tours explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
  • contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member’s use of the WalkWithMe Tours Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
  • use the WalkWithMe Tours Platform to request, make or accept a booking independent of the WalkWithMe Tours Platform, to circumvent any Service Fees or for any other reason;
  • request, accept or make any payment for Listing Fees outside of the WalkWithMe Tours Platform. If you do so, you: (i) accept all risks and responsibility for such payment, and (ii) hold WalkWithMe Tours harmless from any liability for such payment;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
  • misuse or abuse any Listings or services associated with the WalkWithMe Tours Open Homes program;
  • use, display, mirror or frame the WalkWithMe Tours Platform or Collective Content, or any individual element within the WalkWithMe Tours Platform, WalkWithMe Tours name, any WalkWithMe Tours trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the WalkWithMe Tours Platform, without WalkWithMe Tours express written consent;
  • dilute, tarnish or otherwise harm the WalkWithMe Tours brand in any way, including through unauthorized use of Collective Content, registering and/or using WalkWithMe Tours or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to WalkWithMe Tours domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the WalkWithMe Tours Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by WalkWithMe Tours or any of WalkWithMe Tours’s providers or any other third party to protect the WalkWithMe Tours Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the WalkWithMe Tours Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the WalkWithMe Tours Platform;
  • export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

14.2 You acknowledge that WalkWithMe Tours has no general obligation to monitor Member Content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any Member Content, in order to (i) operate, secure and improve the security of the WalkWithMe Tours Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist WalkWithMe Tours in good faith, and to provide WalkWithMe Tours with such information and take such actions as may be reasonably requested by WalkWithMe Tours with respect to any investigation undertaken by WalkWithMe Tours or a representative of WalkWithMe Tours regarding the use or abuse of the WalkWithMe Tours Platform.

14.3 If you feel that any Member you interact with, whether online or in person, 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 WalkWithMe Tours by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

15. Term and Termination, Suspension and other Measures

15.1 This Agreement shall be effective until such time when you or WalkWithMe Tours terminate the Agreement in accordance with this provision.

15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your WalkWithMe Tours Account as a Host, any confirmed booking(s) will be automatically cancelled and your Customers will receive a full refund. If you cancel your WalkWithMe Tours Account as a Customer, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

15.3 Without limiting our rights specified below, WalkWithMe Tours may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.

15.4 WalkWithMe Tours may immediately, without notice, terminate this Agreement and/or stop providing access to the WalkWithMe Tours Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of WalkWithMe Tours, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

15.5 In addition, WalkWithMe Tours may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the WalkWithMe Tours Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or WalkWithMe Tours otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of WalkWithMe Tours, its Members, or third parties, or to prevent fraud or other illegal activity:

  • refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
  • cancel any pending or confirmed bookings;
  • limit your access to or use of the WalkWithMe Tours Platform;
  • temporarily or permanently revoke any special status associated with your WalkWithMe Tours Account;
  • temporarily or in case of severe or repeated offenses permanently suspend your WalkWithMe Tours Account and stop providing access to the WalkWithMe Tours Platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by WalkWithMe Tours and an opportunity to resolve the issue to WalkWithMe Tours’s reasonable satisfaction.

15.6 If we take any of the measures described above (i) we may refund your Customers in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

15.7 When this Agreement has been terminated, you are not entitled to a restoration of your WalkWithMe Tours Account or any of your Member Content. If your access to or use of the WalkWithMe Tours Platform has been limited or your WalkWithMe Tours Account has been suspended or this Agreement has been terminated by us, you may not register a new WalkWithMe Tours Account or access and use the WalkWithMe Tours Platform through an WalkWithMe Tours Account of another Member.

15.8 If WalkWithMe Tours takes any of the measures described in this Section 15 you may appeal such a decision by contacting our customer service.

16. Disclaimers

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17. Liability

WalkWithMe Tours is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. WalkWithMe Tours is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of WalkWithMe Tours in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of WalkWithMe Tours is excluded.

18. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at WalkWithMe Tours’ option), indemnify, and hold WalkWithMe Tours and its affiliates and subsidiaries, including but not limited to, WalkWithMe Tours, 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 Terms or our Policies or Standards, (ii) your improper use of the WalkWithMe Tours Platform or any WalkWithMe Tours Services, (iii) your interaction with any Member, participation in an Live Tours, Experience, Event or other Host Service, participation in the Group Payment Service, 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, regulations or third party rights. The indemnification obligation according to this Section 18 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.

19. Dispute Resolution and Arbitration Agreement

19.1 This Dispute Resolution and Arbitration Agreement shall apply if you bring any claim against WalkWithMe Tours (to the extent not in conflict with Section 21).

19.2 Overview of Dispute Resolution Process. WalkWithMe Tours is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with WalkWithMe Tours’s customer service team, and (2) a binding arbitration administered by the European Commission using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:

  • Claims can be filed with the European Commission online (http://ec.europa.eu/consumers/odr);
  • Arbitrators must be neutral and no party may unilaterally select an arbitrator;
  • Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
  • Parties retain the right to seek relief in small claims court for certain claims, at their option;
  • The initial filing fee for the consumer is capped at $200;
  • The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
  • The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and WalkWithMe Tours each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact WalkWithMe Tours’ customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the European Commission and the written Demand for Arbitration provided to the other party.

19.4 Agreement to Arbitrate. You and WalkWithMe Tours mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the WalkWithMe Tours Platform, the Host Services, the Group Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and WalkWithMe Tours agree that the arbitrator will decide that issue.

19.5 Exceptions to Arbitration Agreement. You and WalkWithMe Tours each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the European Commission in accordance with the Consumer Arbitration Rules and/or other European Commission arbitration rules determined to be applicable by the European Commission then in effect, except as modified here.

19.7 Modification to European Commission Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, WalkWithMe Tours agrees that any required arbitration hearing may be conducted via phone or video conference; or for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

19.8 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

19.9 Jury Trial Waiver. You and WalkWithMe Tours acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

19.10 No Class Actions or Representative Proceedings. You and WalkWithMe Tours acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and WalkWithMe Tours both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and WalkWithMe Tours agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

19.11 Severability. Except as provided in Section 19.10, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

19.12 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if WalkWithMe Tours changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of WalkWithMe Tours’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and WalkWithMe Tours (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and WalkWithMe Tours.

19.13 Survival. Except as provided in Section 19.11, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the WalkWithMe Tours Platform or terminate your WalkWithMe Tours Account.

20. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the WalkWithMe Tours Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the WalkWithMe Tours Platform, or by other means of communication. Any Feedback you submit to us may be used by us for any business purpose and will be considered non-confidential and non-proprietary to you.

21. Applicable Law and Jurisdiction

These Terms are governed by and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of German law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of WalkWithMe Tours’s place of business in Germany. If WalkWithMe Tours wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.

22. General Provisions

22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between WalkWithMe Tours and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between WalkWithMe Tours and you in relation to the access to and use of the WalkWithMe Tours Platform.

22.2 No joint venture, partnership, employment, or agency relationship exists between you and WalkWithMe Tours as a result of this Agreement or your use of the WalkWithMe Tours Platform.

22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

22.5 WalkWithMe Tours’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these 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 permitted under law.

22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without WalkWithMe Tours’ prior written consent. WalkWithMe Tours may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by WalkWithMe Tours via email, WalkWithMe Tours Platform notification, or messaging service (including SMS and WeChat).

22.8 If you have any questions about these Terms please email us.

Our Commitment to Inclusion and Respect

WalkWithMe Tours is, at its core, an open community dedicated to bringing the world closer together by fostering meaningful, shared experiences among people from all parts of the world. Our community is an incredibly diverse community, drawing together individuals of different cultures, values, and norms.

The WalkWithMe Tours community is committed to building a world where people from every background feel welcome and respected, no matter how far they have traveled from home. This commitment rests on two foundational principles that apply both to WalkWithMe Tours’s hosts and customers: inclusion and respect. Our shared commitment to these principles enables every member of our community to feel welcome on the WalkWithMe Tours platform no matter who they are, where they come from, how they worship, or whom they love. WalkWithMe Tours recognizes that some jurisdictions permit, or require, distinctions among individuals based on factors such as national origin, gender, marital status or sexual orientation, and it does not require hosts to violate local laws or take actions that may subject them to legal liability. WalkWithMe Tours will provide additional guidance and adjust this nondiscrimination policy to reflect such permissions and requirements in the jurisdictions where they exist.

While we do not believe that one company can mandate harmony among all people, we do believe that the WalkWithMe Tours community can promote empathy and understanding across all cultures. We are all committed to doing everything we can to help eliminate all forms of unlawful bias, discrimination, and intolerance from our platform. We want to promote a culture within the WalkWithMe Tours community—hosts, Customers and people just considering whether to use our platform—that goes above and beyond mere compliance. To that end, all of us, WalkWithMe Tours employees, hosts and customers alike, agree to read and act in accordance with the following policy to strengthen our community and realise our mission of ensuring that everyone can belong, and feels welcome, anywhere.

  • Inclusion – We welcome Customers of all backgrounds with authentic hospitality and open minds. Joining WalkWithMe Tours, as a host or customer, means becoming part of a community of inclusion. Bias, prejudice, racism, and hatred have no place on our platform or in our community. While hosts are required to follow all applicable laws that prohibit discrimination based on such factors as race, religion, national origin, and others listed below, we commit to do more than comply with the minimum requirements established by law.
  • Respect We are respectful of each other in our interactions and encounters. WalkWithMe Tours appreciates that local laws and cultural norms vary around the world and expects hosts and customers to abide by local laws, and to engage with each other respectfully, even when views may not reflect their beliefs or upbringings. WalkWithMe Tours’s members bring to our community an incredible diversity of background experiences, beliefs, and customs. By connecting people from different backgrounds, WalkWithMe Tours fosters greater understanding and appreciation for the common characteristics shared by all human beings and undermines prejudice rooted in misconception, misinformation, or misunderstanding.

Specific Guidance for Hosts in the United States and European Union

As a general matter, we will familiarize ourselves with all applicable federal, state, and local laws that apply to housing and places of public accommodation. Hosts should contact WalkWithMe Tours customer service if they have any questions about their obligations to comply with this WalkWithMe Tours Nondiscrimination Policy. WalkWithMe Tours will release further discrimination policy guidance for jurisdictions outside the United States in the near future. Guided by these principles, our U.S. and EU host community will follow these rules when considering potential Customers and hosting Customers:

Race, Color, Ethnicity, National Origin, Religion, Sexual Orientation, Gender Identity, or Marital Status

  • WalkWithMe Tours hosts may not:
    • Decline a Customer based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
    • Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
    • Post any listing or make any statement that discourages or indicates a preference for or against any Customer on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.

Gender

  • WalkWithMe Tours hosts may not:
    • Decline a customer based on gender.
    • Impose any different terms or conditions based on gender.
    • Post any listing or make any statement that discourages or indicates a preference for or against any customer on account of gender.

Disability

  • WalkWithMe Tours hosts may not:
    • Decline a customer based on any actual or perceived disability.
    • Impose any different terms or conditions based on the fact that the customer has a disability.
    • Inquire about the existence or severity of a customer’s disability, or the means used to accommodate any disability. If, however, a potential customer raises his or her disability, a host may, and should, discuss with the potential customer whether the listing meets the potential customer’s needs.
    • Charge more or other fees for customers with disabilities.
    • Post any listing or make any statement that discourages or indicates a preference for or against any customer on account of the fact that the Customer has a disability.
    • Refuse to communicate with customers through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).
    • Refuse to provide reasonable accommodations, including flexibility when customers with disabilities request modest changes. When a customer requests such an accommodation, the host and the Customer should engage in a dialogue to explore mutually agreeable ways to ensure the service meets the customer’s needs.

 

Hosts should make every effort to be welcoming to Customers of all backgrounds. Hosts who demonstrate a pattern of rejecting customers from a protected class (even while articulating legitimate reasons), undermine the strength of our community by making potential Customers feel unwelcome, and WalkWithMe Tours may suspend hosts who have demonstrated such a pattern from the WalkWithMe Tours platform.

Specific Guidance for Hosts Outside the United States and European Union

Outside of the United States and the European Union, some countries or communities may allow or even require people to make distinctions based on, for example, marital status, national origin, gender or sexual orientation, in violation of our general nondiscrimination philosophy. In these cases, we do not require hosts to violate local laws, nor to accept customers that could expose the hosts to a real and demonstrable risk of arrest, or physical harm to their persons or property. Hosts who live in such areas should set out any such restriction on their ability to host particular customers in their listing, so that prospective customers are aware of the issue and WalkWithMe Tours can confirm the necessity for such an action. In communicating any such restrictions, we expect hosts to use clear, factual, non-derogatory terms. Slurs and insults have no place on our platform or in our community.

What happens when a host does not comply with our policies in this area?

If a particular listing contains language contrary to this nondiscrimination policy, the host will be asked to remove the language and affirm his or her understanding and intent to comply with this policy and its underlying principles. WalkWithMe Tours may also, in its discretion, take steps up to and including suspending the host from the WalkWithMe Tours platform.

If the host improperly rejects customers on the basis of protected class, or uses language demonstrating that his or her actions were motivated by factors prohibited by this policy, WalkWithMe Tours will take steps to enforce this policy, up to and including suspending the host from the platform.

As the WalkWithMe Tours community grows, we will continue to ensure that WalkWithMe Tours’s policies and practices align with our most important goal: To ensure that customers and hosts feel welcome and respected in all of their interactions using the WalkWithMe Tours platform. The public, our community, and we ourselves, expect no less than this.

Please read these Payments Terms of Service (“Payments Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services (as defined below), you agree to comply with and be bound by these Payments Terms.

Please note: Section 22 of these Payments Terms contains an arbitration clause and class action waiver that applies to all WalkWithMe Tours Members. If your country of residence is Germany, this provision applies to all disputes with WalkWithMe Tours. If your country of residence is outside of the Germany, this provision applies to any action you bring against WalkWithMe Tours. It affects how disputes with WalkWithMe Tours are resolved. By accepting these Payments Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

If your country of residence is within the European Economic Area (“EEA”) you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that WalkWithMe Tours is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

Last Updated: September 14, 2020

These Payments Terms constitute a legally binding agreement (“Agreement”) between you and WalkWithMe Tours (as defined below) governing the Payment Services (defined below) conducted through or in connection with the WalkWithMe Tours Platform.

When these Payments Terms mention “WalkWithMe Tours,” “we,” “us,” or “our,” it refers to the WalkWithMe Tours company you are contracting with for Payment Services.

The Terms of Service (“WalkWithMe Tours Terms”) separately govern your use of the WalkWithMe Tours Platform. All capitalized terms have the meaning set forth in the WalkWithMe Tours Terms unless otherwise defined in these Payments Terms.

In certain situations, customers may be required to enter into unique payment processing agreements with WalkWithMe Tours. To the extent that there is a conflict between these Payment Terms and terms and conditions set forth in any relevant payment processing agreement, the latter terms and conditions will take precedence, unless specified otherwise.

Our collection and use of personal information in connection with your access to and use of the Payment Services is described in WalkWithMe Tours’ Privacy Policy.

1. Scope and Use of the Payment Services

1.1 WalkWithMe Tours provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the WalkWithMe Tours Platform (“Payment Services”).

1.2 WalkWithMe Tours may temporarily and under consideration of the Members’ legitimate interests (e.g., by providing prior notice), restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. WalkWithMe Tours may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. WalkWithMe Tours will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.

1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. WalkWithMe Tours is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by WalkWithMe Tours of such Third-Party Services.

1.4 You may not use the Payment Services except as authorised by German law, the laws of the jurisdiction that is your country of residence, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any Germany embargoed countries; or (ii) to anyone on the German Treasury Department’s list of Specially Designated Nationals or the German Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a German Government embargo, or that has been designated by the German Government as a “terrorist supporting” country; and (ii) you are not listed on any German Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.

1.5 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

2. Key Definitions

Payout” means a payment initiated by WalkWithMe Tours to a Member for services (such as Listing Fees) performed in connection with the WalkWithMe Tours Platform.

Payment Method” means a financial instrument that you have added to your WalkWithMe Tours Account, such as a credit card, debit card, or PayPal account.

Payout Method” means a financial instrument that you have added to your WalkWithMe Tours Account, such as a PayPal account, direct deposit, a prepaid card, or a debit card (where available).

3. Modification of these Payments Terms

WalkWithMe Tours reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the WalkWithMe Tours Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.

4. Eligibility, Member Verification

4.1 You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.

4.2 WalkWithMe Tours may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.

4.3 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize WalkWithMe Tours to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. WalkWithMe Tours reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

5. Account Registration

5.1 In order to use the Payment Services, you must have an WalkWithMe Tours Account in good standing. If you or WalkWithMe Tours closes your WalkWithMe Tours Account for any reason, you will no longer be able to use the Payment Services.

5.2 You may authorise a third party to use your WalkWithMe Tours Account in accordance with the WalkWithMe Tours Terms. You acknowledge and agree that anyone you authorize to use your WalkWithMe Tours Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

6. Payment Methods and Payout Methods

6.1 When you add a Payment Method or Payout Method to your WalkWithMe Tours Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to WalkWithMe Tours or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will depend on the particular Payout Method and may include:

  • Your residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor.

6.2 When you add or use a new Payment Method, WalkWithMe Tours may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method.

6.3 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and WalkWithMe Tours is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.

6.4 You authorize WalkWithMe Tours to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your WalkWithMe Tours Account.

6.5 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. WalkWithMe Tours is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.

6.6. If your Contracting Entity’s location is different than the country of your Payment Method or your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside your country of residence. For example, if you make a booking using a U.S.-issued card, but select Euro as your currency, your payment may be processed outside the U.S. Banks and credit card companies may impose international transaction fees and foreign exchange fees on such international transactions. In addition, if you select to pay with a currency that is different than your Payment Method’s billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with you Payment Method, based on an exchange rate and fee amount determined solely by your bank. As a result, the amount listed on your card statement may be a different amount than that shown on checkout. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.

7. Financial Terms for Hosts

7.1 Generally

Generally speaking, WalkWithMe Tours will collect the Total Fees from a Customer at the time the Customer’s booking request is accepted by the host, or at any other time mutually agreed between the Customer and WalkWithMe Tours.

7.2. Payouts

7.2.1 In order to receive a Payout you must have a valid Payout Method linked to your WalkWithMe Tours Account. WalkWithMe Tours will generally initiate Payouts to your selected Payout Method at the end of each month. In certain jurisdictions or instances, WalkWithMe Tours may offer you a different time or trigger for payment. For example, in certain cases, eligible Hosts may be able to receive a Payout for a booking prior to the Customer’s scheduled service. Any such alternative Payout option may be subject to additional terms and conditions.

7.2.2 The time it takes to receive Payouts once released by WalkWithMe Tours may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. WalkWithMe Tours may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.

7.2.3 Your Payout for a booking will be the Listing Fee less applicable Host Fees.

7.2.4 In the event of a Customer’s cancellation of a confirmed booking, WalkWithMe Tours will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.

7.2.5 WalkWithMe Tours will remit your Payouts in your currency of choice, depending upon your selections via the WalkWithMe Tours Platform and as further set out in Section 12. Amounts may be rounded up or down as described in the WalkWithMe Tours Terms.

7.2.6 For compliance or operational reasons, WalkWithMe Tours may limit the value of each individual Payout. If you are due an amount above that limit, WalkWithMe Tours may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.

8. Financial Terms for Customers

8.1 You authorize WalkWithMe Tours to charge your Payment Method the Total Fees for any booking requested in connection with your WalkWithMe Tours Account. WalkWithMe Tours will collect the Total Fees in the manner agreed between you and WalkWithMe Tours via the WalkWithMe Tours Platform. WalkWithMe Tours will generally collect the Total Fees after the Host accepts your booking request. However, if you pay with a push Payment Method (such as Sofort), WalkWithMe Tours will collect the Total Fees at the time of your booking request or after the Host accepts your booking request. WalkWithMe Tours may offer alternative options for the timing and manner of payment. For example, in some cases, customers may be required to pay or have the option to pay for Host Services in multiple instalments. Any additional fees for using offered payment options will be displayed via the WalkWithMe Tours Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If WalkWithMe Tours is unable to collect the Total Fees as scheduled, WalkWithMe Tours will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.

8.2 When you request to book a Listing, WalkWithMe Tours may also (i) obtain a pre-authorization via your Payment Method for the Total Fees, (ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.

8.3 If a requested booking is cancelled either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by WalkWithMe Tours will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

8.4 You authorize WalkWithMe Tours to perform the Payment Method verifications described in Sections 6 and 8, and to charge your Payment Method for any bookings made in connection with your WalkWithMe Tours Account. You hereby authorise WalkWithMe Tours to collect any amounts due, by charging the Payment Method provided at checkout, either directly by WalkWithMe Tours or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the WalkWithMe Tours Platform (such as gift cards).

9. Appointment of WalkWithMe Tours as Limited Payment Collection Agent

9.1 Each Member collecting payment for services provided via the WalkWithMe Tours Platform (such as Host Services or certain transactions facilitated through the Resolution Center) (“Providing Member”) hereby appoints WalkWithMe Tours as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).

9.2 Each Providing Member agrees that payment made by a Purchasing Member through WalkWithMe Tours, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that WalkWithMe Tours may refund the Purchasing Member in accordance with the WalkWithMe Tours Terms. Each Providing Member understands that WalkWithMe Tours’ obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. WalkWithMe Tours guarantees payments to Providing Members only for such amounts that have been successfully received by WalkWithMe Tours from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, WalkWithMe Tours assumes no liability for any acts or omissions of the Providing Member.

9.3 Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that WalkWithMe Tours is not a party to the agreement between you and the Providing Member, WalkWithMe Tours acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to WalkWithMe Tours, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and WalkWithMe Tours is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute WalkWithMe Tours’ agreement with the Purchasing Member. In the event that WalkWithMe Tours does not remit any such amounts, the Providing Member will have recourse only against WalkWithMe Tours and not the Purchasing Member directly.

10. General Financial Terms

10.1 Fees

WalkWithMe Tours may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the WalkWithMe Tours Platform.

10.2 Payment Authorizations

You authorize WalkWithMe Tours to collect from you amounts due pursuant to these Payment Terms or the WalkWithMe Tours Terms. Specifically, you authorize WalkWithMe Tours to collect from you:

  • Any amount due to WalkWithMe Tours (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Customer, Co-Payer, Host or user of the WalkWithMe Tours Platform), including reimbursement for costs prepaid by WalkWithMe Tours on your behalf, by charging any Payment Method on file in your WalkWithMe Tours Account (unless you have previously removed the authorization to charge such Payment Method(s)) or by withholding such amounts from your future Payouts. Any funds collected by WalkWithMe Tours will set off the amount owed by you to WalkWithMe Tours and extinguish your obligation to WalkWithMe Tours.
  • Any amount due to a Providing Member from a Purchasing Member which WalkWithMe Tours collects as the Providing Member’s payment collection agent as further set out in Section 9 above.
  • Taxes, where applicable and as set out in the AirbWalkWithMe Toursnb Terms.
  • Any amount you pay through the Resolution Center in connection with your WalkWithMe Tours Account. WalkWithMe Tours may do so by charging the Payment Method associated with the relevant booking, or any other Payment Method on file in your WalkWithMe Tours Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding the amount from your future Payouts.
  • Any Service Fees or cancellation fees imposed pursuant to the WalkWithMe Tours Terms (e.g., if, as a Host, you cancel a confirmed booking). WalkWithMe Tours will be entitled to recover the amount of any such fees from you, including by subtracting such refund amount out from any future Payouts due to you.
  • Fees improperly paid to you as a Host. If, as a Host, your Customer cancels a confirmed booking or WalkWithMe Tours decides that it is necessary to cancel a confirmed booking, and WalkWithMe Tours issues a refund to the Customer in accordance with the WalkWithMe Tours Terms, Customer Refund Policy, Experiences Customer Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, WalkWithMe Tours will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
  • Fees, costs and/or expenses associated with a Damage Claim, including any Security Deposit, as set out in the WalkWithMe Tours Terms. If WalkWithMe Tours is unable to collect from your Payment Method used to make the booking, you agree that WalkWithMe Tours may charge any other Payment Method on file in your WalkWithMe Tours Account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)). WalkWithMe Tours also reserves the right to otherwise collect payment from you and pursue any remedies available to WalkWithMe Tours in this regard in situations in which you are responsible for a Damage Claim pursuant to the WalkWithMe Tours Terms, including, but not limited to, in relation to any payment requests made by Hosts under the WalkWithMe Tours Customer Guarantee.
  • Fees payable by Co-Payers as part of the Group Payment Service by charging any Payment Method on file in your WalkWithMe Tours Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding such amounts from your future Payouts. Any funds collected by WalkWithMe Tours will setoff the amount owed by you to WalkWithMe Tours and extinguish your obligation to WalkWithMe Tours.

In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

10.3 Refunds

10.3.1 Any refunds or credits due to a Member pursuant to the WalkWithMe Tours Terms, Extenuating Circumstances Policy, Customer Refund Policy, and Experiences Customer Refund Policy will be initiated and remitted by WalkWithMe Tours in accordance with these Payments Terms.

10.3.2 WalkWithMe Tours will process refunds immediately, however, the timing to receive any refund will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules.

10.4 Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount. This may be performed by WalkWithMe Tours or a third party such as your financial institution.

10.5 Collections

10.5.1 If WalkWithMe Tours is unable to collect any amounts you owe under these Payments Terms, WalkWithMe Tours may engage in collection efforts to recover such amounts from you.

10.5.2 WalkWithMe Tours will deem any owed amounts overdue when: (a) for authorised charges, one hundred and twenty (120) days have elapsed after WalkWithMe Tours first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Host’s account or the associated services have been provided, whichever is later.

10.5.3 WalkWithMe Tours will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after WalkWithMe Tours first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s account or the associated services have been provided, whichever is later.

10.5.4 You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to WalkWithMe Tours and/or WalkWithMe Tours by you. Such communication may be made by WalkWithMe Tours, WalkWithMe Tours, or by anyone on their behalf, including but not limited to a third-party collection agent.

11. Currency Conversion

WalkWithMe Tours will process each transaction in the currency the Member selects via the WalkWithMe Tours Platform. The currencies available to make and receive payments for any given transaction may be limited for regulatory or operational reasons based on factors such as the Member’s selected Payment Method or Payout Method and/or the Member’s country of residence or WalkWithMe Tours contracting entity(ies). Any such limitations will be communicated via the WalkWithMe Tours Platform, and you will be prompted to select a different currency, Payment Method or Payout Method. Note that a Member’s third-party payment service provider may impose transaction, currency conversion or other fees based on the currency or Payment Method the Member selects to make or receive payments, and WalkWithMe Tours is not responsible for any such fees and disclaims all liability in this regard.

12. Abandoned Property

If we cannot initiate a Payout, refund, or pay other funds due to you for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting such funds to the appropriate governing body as required by law.

13. Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the WalkWithMe Tours Terms, Policies, or Standards;
  • use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
  • register or use any Payment Method or Payout Method with your WalkWithMe Tours Account that is not yours or you do not have authorization to use;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by WalkWithMe Tours or any of WalkWithMe Tours’ providers or any other third party to protect the Payment Services;
  • take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

14. Intellectual Property Ownership, Rights Notices

14.1 The Payment Services are protected by copyright, trademark, and other laws of Germany and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of WalkWithMe Tours 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 Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of WalkWithMe Tours used on or in connection with the Payment Services are trademarks or registered trademarks of WalkWithMe Tours in Germany and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners.

15.2 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 Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by WalkWithMe Tours or its licensors, except for the licenses and rights expressly granted in these Payments Terms.

15. Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the WalkWithMe Tours Platform, or pursuant to Section 28 (“Contacting WalkWithMe Tours”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

16. Disclaimers

16.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.

16.2 Notwithstanding WalkWithMe Tours’ appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the WalkWithMe Tours Platform, WalkWithMe Tours explicitly disclaims all liability for any act or omission of any Member or other third party. WalkWithMe Tours does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

16.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

16.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.

17. Liability

17.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your WalkWithMe Tours Account in any way, you are responsible for the actions taken by that person. Neither WalkWithMe Tours nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not WalkWithMe Tours 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 Providing Members pursuant to these Payments Terms or an approved payment request under the WalkWithMe Tours Host Guarantee, in no event will WalkWithMe Tours’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed the amounts you have paid or owe for bookings via the WalkWithMe Tours Platform as a Customer in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by WalkWithMe Tours to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$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 WalkWithMe Tours 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. If you reside outside of the U.S., this does not affect WalkWithMe Tours’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

18. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at WalkWithMe Tours’ option), indemnify, and hold WalkWithMe Tours and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) WalkWithMe Tours’ Collection and Remittance of Occupancy Taxes; or (iv) your breach of any laws, regulations, or third-party rights. If your country of residence is in the EEA, the indemnification obligation according to this Section only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.

19. Termination, Suspension, and other Measures

19.1 This Agreement will continue unless and until it is terminated, suspended or other measures are taken as described in this Section.

19.2 You may terminate this Agreement at any time by sending us an email, or by following the termination procedures specified in the WalkWithMe Tours Terms. Terminating this Agreement will also serve as notice to cancel your WalkWithMe Tours Account pursuant to the WalkWithMe Tours Terms. If you cancel your WalkWithMe Tours Account as a Host, WalkWithMe Tours will provide a full refund to any Customers with confirmed booking(s). If you cancel your WalkWithMe Tours Account as a Customer, WalkWithMe Tours will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy.

19.3 Without limiting our rights specified below, WalkWithMe Tours may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.

19.4 WalkWithMe Tours may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) WalkWithMe Tours believes in good faith that such action is reasonably necessary to protect other Members, WalkWithMe Tours or third parties (for example in the case of fraudulent behaviour of a Member).

19.5 In addition, WalkWithMe Tours may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these Payments Terms, the WalkWithMe Tours Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) any amounts you owe under these Payments Term are overdue or in default, or (v) WalkWithMe Tours believes in good faith that such action is reasonably necessary to protect the personal safety or property of WalkWithMe Tours, its Members, WalkWithMe Tours, or third parties, or to prevent fraud or other illegal activity.

19.6 In case of non-material breaches and where appropriate, you will be given notice of any measure by WalkWithMe Tours and an opportunity to resolve the issue to WalkWithMe Tours’ reasonable satisfaction.

19.7 If WalkWithMe Tours takes any of the measures described in this Section you may appeal such a decision by contacting customer service.

19.8 If you are a Host and we take any of the measures described in this Section we may refund your Customers in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

19.9 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new WalkWithMe Tours Account or attempt to access and use the Payment Services through other an WalkWithMe Tours Account of another Member.

19.10 Unless your country of residence is in the EEA, Sections 10 and 15 to 24 of these Payments Terms shall survive any termination or expiration of this Agreement.

20. Applicable Law and Jurisdiction

20.1 These Payments Terms will be interpreted in accordance with German law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, judicial proceedings that you are able to bring against us arising from or in connection with these Payments Terms may only be brought in a court located in Germany or a court with jurisdiction in your place of residence. If WalkWithMe Tours wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the German courts.

21. Dispute Resolution and Arbitration Agreement

21.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) are contracting with WalkWithMe Tours; or (ii) bring any claim against any WalkWithMe Tours.

21.2 Overview of Dispute Resolution Process. WalkWithMe Tours is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom Section 21.1 applies: (1) an informal negotiation directly with WalkWithMe Tours’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 21 and except as provided in Section 21.6). Specifically, the Consumer Arbitration Rules provide:

  • Claims can be filed with AAA online (www.adr.org);
  • Arbitrators must be neutral and no party may unilaterally select an arbitrator;
  • Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
  • Parties retain the right to seek relief in small claims court for certain claims, at their option;
  • The initial filing fee for the consumer is capped at $200;
  • The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents; and
  • The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

21.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and WalkWithMe Tours each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact WalkWithMe Tours’ customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

21.4 Agreement to Arbitrate. You and WalkWithMe Tours mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and WalkWithMe Tours agree that the arbitrator will decide that issue.

21.5 Exceptions to Arbitration Agreement. You and WalkWithMe Tours each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

21.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org.

21.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, WalkWithMe Tours agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and WalkWithMe Tours both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

21.8 Modification of AAA Rules – Attorney’s Fees and Costs. You and WalkWithMe Tours agree that WalkWithMe Tours will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, WalkWithMe Tours agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.

21.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

21.10 Jury Trial Waiver. You and WalkWithMe Tours acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

21.11 No Class Actions or Representative Proceedings. You and WalkWithMe Tours acknowledge and agree that, to the fullest extent permitted by applicable law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and WalkWithMe Tours both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 22.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and WalkWithMe Tours agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

21.12 Severability. Except as provided in Section 21.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

21.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Payments Terms”), if WalkWithMe Tours changes this Section 21 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of WalkWithMe Tours’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and WalkWithMe Tours in accordance with the provisions of the “Dispute Resolution” section as of the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms).

21.14 Survival. Except as provided in Section 21.12 and subject to Section 19.8, this Section 21 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your WalkWithMe Tours Account.

22. General Provisions

22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between WalkWithMe Tours and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between WalkWithMe Tours and you regarding the Payment Services.

22.2 No joint venture, partnership, employment, or agency relationship exists between you or WalkWithMe Tours as a result of this Agreement or your use of the Payment Services.

22.3 If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

22.4 WalkWithMe Tours’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.

22.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without WalkWithMe Tours’ prior written consent. WalkWithMe Tours may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice. Your right to terminate this Agreement at any time remains unaffected.

22.6 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.

22.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by WalkWithMe Tours via email, WalkWithMe Tours Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of EEA, the date of receipt will be deemed the date on which WalkWithMe Tours transmits the notice.

22.8 This Agreement is concluded in the language as applied by the WalkWithMe Tours Terms of Service and all communication undertaken during this contractual relationship shall be made in that language.

23. Additional Clauses

The following paragraphs apply:

23.1 Payment Service User

23.1.1 The Payment Services include the payment service provided to Hosts contracting with WalkWithMe Tours. The Payment Services constitute “payment services” regulated under the modified Law of 10 November 2009 on payment services (“Law of 2009”) and for these purposes WalkWithMe Tours treats Hosts as the “payment service user” according to the Law of 2009.

23.1.2 By agreeing to these Payments Terms you as Host have consented to WalkWithMe Tours’ payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 7.2. WalkWithMe Tours will be deemed to have received the Host’s payment order to the Host on the same date WalkWithMe Tours agrees to initiate the Payout in accordance with Section 7.2.

23.1.3 In the relation between you and WalkWithMe Tours, the legal provisions relating to the form of and procedure for giving consent to the initiation of a payment order or the execution of a payment transaction and the withdrawal of such consent such as Articles 81 and 93 of the Law 2009 on payment services shall apply at any time.

23.1.4 WalkWithMe Tours will endeavor to ensure that Hosts based in the EEA will receive each Payout by the end of the business day following WalkWithMe Tours’s initiation of the Payout.

23.1.5 Communication. WalkWithMe Tours will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address.

23.2 Resolution Procedures for Diverted Payouts

23.2.1 If you as a Host believe that a Payout is a Diverted Payout because your Credentials are lost or stolen or in case of an unauthorized, incorrectly initiated or incorrectly executed payment transaction, you should notify WalkWithMe Tours  pursuant to Section 28 immediately. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of 50€. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months following the debit date, you may be entitled to a refund of that payment.

23.2.2 We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the WalkWithMe Tours Platform and/or Payment Services in accordance with the WalkWithMe Tours Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect.

23.2.3 If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method, WalkWithMe Tours will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.

23.3 Out-of-court complaints

Any complaint, namely relating to any loss, theft, misappropriation or unauthorised use in connection with the Payment Services, or unauthorised or erroneous transactions should be made in writing to WalkWithMe Tours pursuant to Section 28.

In case you did not receive an answer or a satisfactory answer from WalkWithMe Tours within one month from the date the complaint was sent, you may file your request with the supervisory authority of WalkWithMe Tours, the CSSF (as defined in Section 28) within one year after you filed your complaint with WalkWithMe Tours. The CSSF will act as an out-of-court complaint resolution body. The request must be filed with the CSSF in writing, by post or by fax to the CSSF or by email to the address/number available on the CSSF website, or online on the CSSF website. The request shall be filed in English or German. The request shall be supported by a statement of the reasons on which it is based together with the following documents:

  • a detailed and chronological statement of the facts underlying the complaint and the steps already taken by you;
  • a copy of the prior complaint made to WalkWithMe Tours;
  • a copy of the answer to the prior complaint or the confirmation that you did not receive an answer one month after you sent your prior complaint;
  • the statement that you did not refer the matter to a court, an arbitrator or another out-of-court complaint resolution body in Germany or abroad;
  • your agreement with the request handling conditions of the CSSF as body responsible for the out-of-court resolution of your complaint;
  • your express authorisation so that the CSSF can transmit its request (including the attachments) as well as any future correspondence or information to WalkWithMe Tours;
  • in the case where a person acts on your behalf, a document showing that the person is legally entitled to act so; and
  • a copy of your valid ID document.

23.4. For Customers with France As Country of Residence.

Notwithstanding anything to the contrary in the Payment Terms, for the avoidance of any doubt, in connection with Customers who reside in France, the Total Fees, instalments or periodic payments, including Recurring Payments, collected by WalkWithMe Tours from such Customer are down payments (“acomptes”) within the meaning of French law.

23.5. Outsourcing.

We use a variety of service providers (some belonging to the WalkWithMe Tours group and some being third party service providers) in the context of outsourcing arrangements to help us provide our services in an efficient and qualitative manner. The use of such service providers requires that we transfer or make available some data to them. You agree to such outsourcing arrangements and instruct us to transfer or make accessible data (as further defined below) concerning you and, where relevant, concerning persons linked to you (provided in connection with your WalkWithMe Tours Account) such as your beneficial owners and representatives, to a number of service providers in the context of outsourcing arrangements regarding technical (including IT), operational, payment processing, internal control, customer due diligence (including background or police checks), fraud prevention, risk assessment, product development, maintenance and debugging, advertising, processing of insurance claims, customer support and other services. The data to be transferred or made available includes, if you are an individual, your surname, first name, address, date and place of birth and nationality, and if you are a legal entity your corporate name, registered office, legal form, registration number for legal entities, as well as the aforementioned data on individuals for your beneficial owners and representatives. The data to be transferred or made available includes also for any person its contact details such as phone numbers and e-mail addresses as well as financial data and usage data in relation to our services (including payment method, payout method, payment transaction). The recipients of the data are located in the United States, the United Kingdom, Ireland, India, Luxembourg, Netherlands, Germany and Spain, as well as other countries in Europe, Asia Pacific and North and South America. Such data transfers will take place throughout the term of the business relationship between us and you as well as for an additional period as permitted by law after the end of the business relationship. You acknowledge that the transferred data is no longer protected by German professional secrecy after its transfer.

24. Additional Clauses for Users that are Businesses.

The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payment Terms, “you” and “your” will refer and apply to that business, company or other legal entity).

24.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.

24.2 You and your Representative individually affirm that you are authorized to provide the information described in section 6 above and your Representative has the authority to bind you to these Payment Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.

24.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this Agreement, perform your obligations, and grant the rights, licenses, and authorizations in this Agreement.

24.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with WalkWithMe Tours, as permitted by your account, you authorize WalkWithMe Tours to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.

24.5 For any Payout Method linked to your WalkWithMe Tours Account, you authorize WalkWithMe Tours to store the Payout Method, remit payments using the Payout Method for bookings associated with your WalkWithMe Tours Account and take any other action as permitted in the Payment Terms in respect of the Payout Method.

24.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see http://www.visa.com/cisp and https://www.mastercard.com/sdp.

25. Contacting WalkWithMe Tours

You may contact WalkWithMe Tours regarding the Payment Services at: WalkWithMe Tours, Fürbringerstr. 30, 10961 Berlin, Germany

 

These Payments Terms are available at www.walkwithme-tours/terms. WalkWithMe Tours will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.

 

By posting content on WalkWithMe Tours, you agree to abide by this policy. We reserve the right to remove any content, in whole or part, that violates this policy, our Terms of Service, our Community Standards, our Review Policy, or for any other reason at our sole discretion.

In the event of repeated or severe violations, we may suspend or permanently deactivate the account(s) in question.

You can report the content directly or contact us to report content that appears to violate this policy.

The following content is never allowed on WalkWithMe Tours:

  • Content created solely for the purpose of advertising or other commercial content, including company logos, links, or company names
  • Spam, unwanted contact, or content that is shared repeatedly in a disruptive manner
  • Content that endorses or promotes illegal or harmful activity, or that is sexually explicit, violent, graphic, threatening, or harassing
  • Content that is discriminatory (review our Nondiscrimination Policy for more info)
  • Attempts to impersonate another person, account, or entity, including a representative of WalkWithMe Tours
  • Content that is illegal or that violates another person’s or entity’s rights, including intellectual property rights and privacy rights
  • Content that includes another person’s private or confidential information, including content that is sufficient to identify a listing’s location

The following are policy violations specific to a type of the content:

Listing titles

  • Listing titles that include information irrelevant to the listing type, style, or experience
  • Listing titles that include symbols or emojis

Listing or profile pages

  • Listings and profiles that provide fraudulent, false, misleading, or deceptive information

Reviews

  • Reviews that are biased and exhibit indications of extortion/incentivization, conflicts of interest, or direct competition
  • Reviews that contain no relevant information about a host or customer, listing, or experience, the review will be removed. Reviews that contain mostly irrelevant information are also subject to removal, but only where the otherwise relevant information would not be expected to meaningfully inform the booking decisions of other community members.

By hosting on WalkWithMe Tours, you agree to abide by our terms and policies, including our Terms of Service, which we reserve the right to enforce at our sole discretion. In the event of repeated or severe violations, we may suspend or permanently deactivate a person’s account.

In order to protect our community and business, the following behaviors are prohibited:

Asking customers for feedback off of WalkWithMe Tours

Asking for customers to review you or your listing off of WalkWithMe Tours takes valuable input about a customer’s experience away from WalkWithMe Tours’ community. We want customers to share their feedback directly on WalkWithMe Tours so that other customers may benefit from their insights. This includes:

  • Asking customers to review an WalkWithMe Tours experience on a non-WalkWithMe Tours website, or taking reviews from WalkWithMe Tours and posting them on a non-WalkWithMe Tours website
  • Asking customers to fill out a survey regarding an WalkWithMe Tours experience via a non-WalkWithMe Tours website or form off of WalkWithMe Tours

Asking customers for contact information

All customer communications prior to booking should be on WalkWithMe Tours. Asking customers for contact information is prohibited. This includes:

  • Asking customers for their phone number or email address
  • Asking customers to call or email in order to discuss a booking (ex: offering a deeper discount for booking directly by phone).
  • Asking customers to go to a third-party website or fill out a form in order to make a booking (ex: stating reservations with larger groups need to go through a separate website)

Asking customers for contact information after a booking or misusing contact information provided by WalkWithMe Tours

This includes asking for or using contact information for any reasons unrelated to a customer’s experience, or in a way that compromises the quality of a customer’s experience. Customers should be able to communicate directly with hosts about their stays through WalkWithMe Tours. Soliciting additional contact information (email address, residential address) should be avoided unless needed for legal or compliance reasons (such as local laws or HOA rules). This includes, but is not limited to:

  • Asking customers for an email address for the purpose of their WalkWithMe Tours experience and then subscribing them to marketing materials
  • Asking customers to move the conversation to texts or emails in order to circumvent WalkWithMe Tours’ platform or Resolution Center
  • Asking customers for contact information after a booking in order to run background checks
  • Asking customers to send photos of their government ID

Customers should always feel like they have an option to opt-out of receiving marketing materials.

Asking customers to create a separate account or install a third-party app in order to access their listing

Customers booking through WalkWithMe Tours should be able to access their listing using only the WalkWithMe Tours app. Additional registration or installation of additional apps should not be mandatory unless it’s required for legal or compliance reasons (such as local laws, HOA rules, building security rules). In such instances, hosts must include this in their listing description, so customers understand this additional step is a requirement prior to booking.

This includes:

  • Asking customers to create a separate account or register on another website besides WalkWithMe Tours.com
  • Asking customers to install a third-party app to access a listing (unless the third-party app has passed our security vetting)

In order to build a platform of trust, we need to ensure that reviews on WalkWithMe Tours are useful, informative, and do not expose our community to harm. Therefore, WalkWithMe Tours expects that all reviews adhere to the following:

1. Reviews should not violate our content policy.

Some content is never allowed on WalkWithMe Tours. See our Content Policy.

2. Reviews should be unbiased.

Reviews are most helpful when they provide unbiased information. Therefore, we don’t allow individuals or entities who own or are affiliated with a listing or experience to post reviews of their business, nor do we allow individuals who are confirmed to offer competing listings or experiences to post reviews of their direct competitors.

You are not allowed to incentivize positive reviews, to use the threat of a negative review to manipulate a desired outcome, or to influence another’s review with the promise of compensation.

You are also not allowed to accept fake reservations in exchange for a positive review, use a second account to leave yourself a review, or coordinate with business partners to get positive reviews.

3. Reviews should be relevant.

Keep your reviews relevant to WalkWithMe Tours and your stay or experience. Other hosts and Customers are reading your reviews to learn about the host and listing. Reviews that are off-topic are distracting and don’t help our Customers make informed booking decisions. For this reason, reviews should focus on your interactions with other community members and your time during the stay or experience.

To keep reviews relevant, we recommend avoiding the following:

  • Commentary about a person’s social, political or religious views
  • Profanity, name calling, and assumptions about a person’s character or personality
  • Content that refers to circumstances entirely outside of another’s control
  • Content about services not related to WalkWithMe Tours
  • Commentary about past WalkWithMe Tours reservations, hosts, or customers, or about the WalkWithMe Tours product where it does not relate to the listing, host or customers you are rating

When we receive a report of a review that violates this policy, we may remove the review from our platform. Repeated violations may lead to suspension or permanent deactivation of responsible account(s).

Reporting a review that violates this policy

To report a review for violating WalkWithMe Tours’ review policy, contact us.

If you feel a review is untrue

While we encourage and expect all community members to post reviews that contain objective and accurate information, WalkWithMe Tours does not mediate disputes concerning truth or fairness. We expect the author of the review to stand behind the content of their review.

 

Standard cancellation policy

For a full refund, cancel at least 48 hour before the experience is scheduled.

Rescheduling

You can reschedule the date or time of your experience within 48 hours before the experience is scheduled to start.

If you reschedule an experience, the cancellation policy is based on the original purchase time and original start date of the experience.

Cancellations due to weather

If weather creates a safety concern, either before or during the experience, the host may cancel the experience. If this happens, you will be fully refunded.

Cancellations due to an emergency

We may be able to give you a refund or waive the cancellation penalties if you have to cancel because of an unexpected circumstance that’s out of your control. Below is a list of circumstances covered by our Extenuating Circumstances Policy. Before you cancel, check that your circumstance is included in the list below and that you can provide the required documentation.

It’s important to keep in mind that penalty-free cancellations are only available for extenuating circumstances that occur before the official date for your booking.

Circumstances that require documentation

Death of a host, customer, or their co-host, additional customer, immediate family member, or caregiver. You’ll be asked to provide one of these documents:

  • Death certificate
  • Obituary
  • News article naming the deceased
  • Police report

Unexpected serious illness or injury affecting a host or customer. You’ll be asked to provide a statement from a physician confirming that the person can’t host or travel due to an unexpected, serious illness or injury. The statement must be also dated after the reservation was booked and provided within 14 days of cancellation. At this time, pre-existing conditions known to the user at the time of booking are not covered by our Extenuating Circumstances Policy.

Government-mandated obligations including jury duty, travel restrictions, court appearances, and military deployment. You’ll be asked to provide a copy of the official notice dated after the reservation was booked, including the name of the person fulfilling the obligation.

Circumstances that require special review

There’s no required documentation for these circumstances, but our team will review each case to confirm that you’re directly affected.

Natural disasters, terrorist activity, and civil/political unrest that prevent the host from fulfilling their booking.

Epidemic disease or illness that suddenly affects a region or an entire group of people. This doesn’t include existing diseases that are associated with an area—for example, malaria in Thailand or dengue fever in Hawaii. Any updates to our policy regarding the outbreak of a disease, and the scope of policy application, will be determined based on announcements by the World Health Organization and local authorities.

Safety and security threat advisories issued for the listing or experience location.

Essential utility outages that affect the listing or experience location.

Cancellation policy for hosts

To cancel an instance of your experience, go to your Bookings and select cancel. Your Customers will receive a notification and a full refund.

Cancellations can be very disruptive to customers’ plans. Because of this, penalties may apply if you cancel an experience that’s already been booked by a customer.

Cancellations may incur a fee of up to 20% of the booking value of the cancelled experience, deducted from an upcoming payout. We’ll notify you if a fee will be charged before you complete a cancellation.

Frequent cancellations, or no-shows, are a violation of our Terms of Service and may result in removal of the experience from WalkWithMe Tours.

Weather

If your experience takes place outdoors, you may cancel if weather conditions create an unsafe or uncomfortable environment for your Customers. You won’t receive a penalty.

We may reach out for documentation to verify weather-related claims.

Emergencies or safety issues

We understand that emergencies happen. No penalties are applied for cancellations made for valid safety reasons.

Re-booking on a different date or time

If you arrange an alternative time that your Customers agree to, contact us to let us know after you cancel. We’ll verify that your Customers have agreed, and remove any penalty that was applied.

This Refund Policy governs WalkWithMe Tours’ policy for Customer refunds and the Host obligations associated with this Policy. It applies in addition to Terms of Service and is available to Customers who book an Experience through the WalkWithMe Tours Platform and suffer an issue.

All capitalized terms shall have the meaning set forth in the WalkWithMe Tours Terms or Payments Terms unless otherwise defined in this Refund Policy.

By using the WalkWithMe Tours Platform as a Host or Customer, you are indicating that you have read and that you understand and agree to be bound by this Refund Policy.

Eligible Issues and Refund Policy

The following situations are “Issues” that are eligible for a refund under the Refund Policy:

  • The Host fails to carry out the booked Experience or arrives more than 15 minutes past the stated start time, causing the Customer to abandon the Experience.
  • The Host makes significant changes to the Experience after booking.
  • The Experience contains a safety or health hazard that would be reasonably expected to adversely affect the customer’s participation in the Experience.
  • The customer cannot attend or a host cannot lead the Experience because of technical difficulties, including audio or visual issues.

If WalkWithMe Tours determines that a Customer experienced an Issue, WalkWithMe Tours will, at its discretion, provide the Customer with a refund up to a maximum of the Total Fees the Customer paid for the Experience in accordance with this Policy. The amount of any refund will depend on the nature of the Issue suffered.

Minimum Quality Standards, Host Responsibilities, and Reimbursement to Customers

As a Host, you are responsible for ensuring that the Experience you list on the WalkWithMe Tours Platform meets WalkWithMe Tours’ Standards and does not present a Customer with Issues. Before and during the Experience, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve any Customer issues.

If (i) WalkWithMe Tours determines that a Customer has suffered an Issue related to your Experience and (ii) WalkWithMe Tours reimburses that Customer (up to their Total Fees), you agree to reimburse WalkWithMe Tours up to the amount paid by WalkWithMe Tours within 30 days of WalkWithMe Tours’ request. You authorize WalkWithMe Tours to collect any amounts owed to WalkWithMe Tours by reducing your Payout or as otherwise permitted pursuant to the Payments Terms.

As a Host, you understand that the rights of Customers under this Refund Policy will supersede the Cancellation Policy. If you dispute the Issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Issue, provided you used reasonable and good faith efforts to try to remedy the Issue with the Customer prior to disputing the Travel Issue claim.

General Provisions

This Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Customer, and the Customer has not paid any premium in respect of the Refund Policy. The benefits provided under this Refund Policy are not assignable or transferable by a Customer.

All determinations of WalkWithMe Tours with respect to the Refund Policy shall be at WalkWithMe Tours’ discretion, and final and binding on the Customers and Hosts.

WalkWithMe Tours reserves the right to modify or terminate this Refund Policy, at any time, in its sole discretion. If WalkWithMe Tours modifies this Refund Policy, we will post the modification on the WalkWithMe Tours Platform or provide you with notice of the modification. WalkWithMe Tours will continue to process all claims for Issues made prior to the effective date of the modification.

Notification of Copyright Infringement

WalkWithMe Tours respects the intellectual property rights of others and expects its users to do the same.

It is WalkWithMe Tours’ policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, WalkWithMe Tours will respond expeditiously to claims of copyright infringement committed using the WalkWithMe Tours website and mobile application (the “Site and Application”) that are reported to WalkWithMe Tours’ Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to WalkWithMe Tours’s Designated Copyright Agent. Upon receipt of the Notice as described below, WalkWithMe Tours will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  1. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to WalkWithMe Tours:

WalkWithMe Tours

Fürbringerstr. 30

10961 Berlin

Germany

copyright@walkwithme-tours.com

WalkWithMe Tours uses cookies and similar technologies to help provide, protect, and improve the WalkWithMe Tours Platform. This policy explains how and why we use these technologies and the choices you have.

A cookie is a small data file that is transferred to your device (e.g. your phone or your computer). For example, a cookie could allow us to recognize your browser, while another could store your preferences. There are two types of cookies used on the WalkWithMe Tours Platform: (1) “session cookies” and (2) “persistent cookies.” Session cookies normally expire when you close your browser, while persistent cookies remain on your device after you close your browser, and can be used again the next time you access the WalkWithMe Tours Platform.

We also use other technologies with similar functionality to cookies, such as web beacons, pixels, mobile identifiers, and tracking URLs, to obtain Log Data (as described in the Privacy Policy). For example, our email messages may contain web beacons and tracking URLs to determine whether you have opened a certain message or accessed a certain link.

Why WalkWithMe Tours Uses These Technologies

We use these technologies for a number of purposes, such as:

  • To enable you to use and access the WalkWithMe Tours Platform and the Payment Services.
  • To enable, facilitate and streamline the functioning of and your access to the WalkWithMe Tours Platform.
  • To better understand how you navigate through and interact with the WalkWithMe Tours Platform and to improve the WalkWithMe Tours Platform.
  • To serve you tailored advertising (such as on the WalkWithMe Tours Platform, emails and on third party websites).
  • To show you content (e.g., advertisements) that is more relevant to you.
  • To monitor and analyze the performance, operation, and effectiveness of the WalkWithMe Tours Platform and WalkWithMe Tours advertisements.
  • To enforce legal agreements that govern use of the WalkWithMe Tours Platform.
  • For fraud detection and prevention, trust and safety, and investigations.
  • For purposes of our own customer support, analytics, research, product development, and regulatory compliance.

Cookies

When you visit our websites we place cookies on your computer. Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Cookies allow us to recognize you when you return. They also help us provide a customized experience and can enable us to detect certain kinds of fraud.

In many cases you can manage cookie preferences and opt-out of having cookies and other data collection technologies used by adjusting the settings on your browser. All browsers are different so visit the “help” section of your browser when to learn about cookie preferences and other privacy settings that may be available. Please note that if you choose to remove or reject cookies or clear local storage this could affect the features, availability, and functionality of our websites.

Pixel Tags and Web Beacons

Pixel tags and web beacons are tiny graphic images and small blocks of code placed on website pages, ads, or in our emails that allow us to determine whether you performed a specific action. When you access these pages, or when you open an email, the pixel tags and web beacons let us know you have accessed the web page or opened the email. These tools help us measure response to our communications and improve our web pages and promotions.

Server Logs and Other Technologies

We collect many different types of information from server logs and other technologies. For example, we collect information about the device you use to access our website, your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. Our server logs also record the IP address of the device you use to connect to the Internet. An IP address is a unique identifier that devices require to identify and communicate with each other on the Internet. We may also collect information about the website you were visiting before you came to our website and the website you visit after you leave our site. These tools help us improve user experience and deliver our services.

Device Information

We may use device-related information to authenticate users. For example, we may use your IP address, browser information, or other data provided by your browser or device to identify the device being used to access our platform. We may also use these device-related techniques for associating you with different devices that you may use to access our content including for fraud-protection purposes and to better target advertising.

Third Parties

We may also allow certain business partners to place these technologies on the WalkWithMe Tours Platform. These partners use these technologies to (1) help us analyze how you use the WalkWithMe Tours Platform, such as by noting the third party services from which you arrived, (2) market and advertise WalkWithMe Tours services to you on the WalkWithMe Tours Platform and third party websites, (3) help us detect or prevent fraud or conduct risk assessments, or (4) collect information about your activities on the WalkWithMe Tours Platform, other sites, and/or the ads you have clicked on. For example, to help us better understand how people use the WalkWithMe Tours Platform, we work with a number of analytics partners, including Google Analytics. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser by clicking here.

Third parties may also use such tracking technologies to serve ads that they believe are most likely to be of interest to you and measure the effectiveness of their ads both on the WalkWithMe Tours Platform and on other websites and online services. Targeting and advertising cookies we use may include Google, and other advertising networks and services we use from time to time. For more information about targeting and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page, the Digital Advertising Alliance’s opt-out page, or http://youronlinechoices.eu. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. To the extent advertising technology is integrated into the WalkWithMe Tours Platform and you opt-out of tailored advertising, you may still receive advertising content. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of these opt-out links and are not responsible for the availability or accuracy of these mechanisms.

Third Party Social Plugins

The WalkWithMe Tours Platform may use social plugins provided and operated by third parties, such as Facebook’s Like Button. As a result of this, you may send to the third party the information that you are viewing on a certain part of the WalkWithMe Tours Platform. If you are not logged into your account with the third party, then the third party may not know your identity. If you are logged in to your account with the third party, then the third party may be able to link information or actions about your interactions with the WalkWithMe Tours Platform to your account with them. Please refer to the third party’s privacy policies to learn more about its data practices.

Your Choices

Cookie Preferences

Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar.

Your mobile device may allow you to control cookies through its settings function. Refer to your device manufacturer’s instructions for more information.

If you choose to decline cookies, some parts of the WalkWithMe Tours Platform may not work as intended or may not work at all.

Last Updated: September 14, 2020

If you reside within a country of the European Economic Area (EEA), Brazil, Mexico, Argentina or Australia, this Customer Release and Waiver does not apply to you.

In order to participate in an Experience, your Host(s) require(s) you to accept this Customer Release and Waiver, which is effective between you and your Host(s) as of the date when you first book or participate in an Experience, whichever happens first. All terms not defined here have the meaning given them in the WalkWithMe Tours Terms of Service.

You represent that you are 18 years of age or older. If you are bringing a minor as a Customer, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your Experience, and have read this Customer Release and Waiver and agree to it on the minor’s behalf. If you are booking an Experience on behalf of other Customers, you will ensure, and you represent and warrant, that each Customer on whose behalf you book has read and agreed to this Customer Release and Waiver, which shall apply to each of them as if the reference to “you” was a reference to him/her.

Assumption of Risks

You understand and acknowledge that the Experience(s) you sign up to do may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH EXPERIENCE, INCLUDING EACH EXPERIENCE IN YOUR IMMERSIVE EXPERIENCE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE HOST OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE EXPERIENCE, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE EXPERIENCE.

Release and Waiver

You acknowledge and agree that:

  • You have reasonably assessed the risks involved in the Experience(s) and have made an informed and voluntary choice to participate.
  • You alone, and not your Host(s), are responsible for determining your fitness for participating in the Experience(s) and your ability to fully understand any directions or warnings presented.
  • You will not participate in any Experience(s) when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that Experience(s).
  • You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Experience(s). If you notice any hazard during an Experience, you will stop participating in the Experience immediately.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE YOUR HOST(S) FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR EXPERIENCE(S) AND/OR TRIP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.

You intend this Customer Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOSTS PROVIDE THE EXPERIENCE(S) “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOST(S) EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.

Indemnification

You agree that if, despite this Customer Release and Waiver, you or anyone on your behalf make a claim against the Host(s) relating to an Experience, you will indemnify and hold the Host(s) harmless from any liability, demand, loss, damage, or costs which the Host(s) may incur as the result of such claim.

You affirm that you HAVE READ THIS CUSTOMER RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.

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