Terms of Use
About our services
GOFREEDLY BOOKINGS operates the Internet Booking Platform www.gofreedly.com. The Service is designed to provide clients with access to information, relating to available offers by activities and leisure providers (which may hereafter be referred to collectively as Host(s)”) GOFREEDLY BOOKINGS acts as an intermediary between the Hosts and the customers. GOFREEDLY BOOKINGS is not a contracting party between the Host and the customers.
The Host offers his services (accommodation or leisure activities) under his own brand/company name or if providing services as an individual, his name. Hosts promote their services on the GOFREEDLY BOOKINGS Platform.
Registration Obligations
The Host may register on GOFREEDLY BOOKINGS Platform and upload a service/services to GOFREEDLY BOOKINGS administration for review. GOFREEDLY BOOKINGS will check the eligibility of the service/s and the Host. GOFREEDLY BOOKINGS administrators may communicate with the Host for verification purposes and further explanations regarding information posted on the listing. GOFREEDLY BOOKINGS facilitators may suggest improvements in the content of the listing. GOFREEDLY BOOKINGS will only approve listings that exhibit high quality in the actual content as well as in their description. We are interested in activities that add real value to someone's travel experience and offer a unique perspective that enriches travel. In the case of a positive decision, the service will be approved, and the Host can start to receive bookings.
If you choose to register for the Service, you agree to provide and maintain correct, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account. GOFREEDLY BOOKINGS reserves the right to refuse registration of or cancel a GOFREEDLY BOOKINGS account in its discretion. Our Privacy Policy governs registration data and certain other information about you. If you are under 18 years of age, you are not authorized to use the Service.
In the course of registration on GOFREEDLY BOOKINGS Platform, the Host accepts the present Terms of Service, the GOFREEDLY BOOKINGS Privacy Policy, Nondiscrimination-Policy, Guest Release and Waiver, and cancellations Policy, and agrees to the starting commission rate.
Registration process/maintenance of account/confidentiality
You as a Host are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GOFREEDLY BOOKINGS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. GOFREEDLY BOOKINGS will not be liable for any loss or damage arising from your failure to comply with this Section.
Hosts alone are responsible for the activities or other Host services that they list and provide. GOFREEDLY BOOKINGS merely provides the Services and is not itself an operator or provider of tours, activities, travel services, events, or other Host Services.
If you are an activity or event Host, you are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials necessary to host your activity or event. It is your sole responsibility to ensure that the equipment used in your activity or event or other Host Service is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Also, you are responsible 1. for complying with all laws, rules, and regulations that may apply to your activity or event or other Host Service(s), 2. for obtaining any required licenses, permits, or registrations before providing your activity or event. 3. for having full insurance coverage. Your activity or event service must be provided as it is described exactly in your listing and you may not allow any third party to provide the service on your behalf.
Service modifications
GOFREEDLY BOOKINGS reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that gofreedly shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use of Service and Storage of Data
You acknowledge that GOFREEDLY BOOKINGS may establish general practices and limits concerning the use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on GOFREEDLY BOOKINGS’s servers on your behalf. You agree that GOFREEDLY BOOKINGS has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that GOFREEDLY BOOKINGS reserves the right to terminate accounts that are inactive for an extended period of a minimum of one year. You further acknowledge that GOFREEDLY BOOKINGS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Responsibility for content
The Host is self-responsible for content submitted through his account. GOFREEDLY BOOKINGS treats such content as external content and excludes liability.
If GOFREEDLY BOOKINGS is notified about or detects content that does not comply with these Booking Terms and/or the Term of Services of gofreedly, GOFREEDLY BOOKINGS may partially or fully delete this content.
If abusive threatening, obscene, pornographic, violent, or unlawful content is uploaded from a registered Host, GOFREEDLY BOOKINGS is entitled to block access to or delete his account.
The Host may only upload content and data for which he owns the corresponding copyrights. Such information must not abuse the privacy rights of visitors, third parties, etc. and needs to comply with the applicable competition laws and other legal requirements.
In particular, You agree to not use the Service to:
1. Post or otherwise transmit any content that poses or creates a privacy or security risk to any person and infringes any intellectual property or other proprietary rights of any party.
2. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
3. Solicit personal information from anyone under the age of 18.
4. Harvest or collect email addresses or other contact information of other users from the Service or the Platform by electronic or other means to send unsolicited emails or other unsolicited communications.
5. Advertise or offer to sell or buy any goods or services for any business purpose that is not explicitly authorized.
6. Violate any applicable local, state, national or international law, or any regulations having the force of law.
7. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
8. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Liability of the Host
The Host is liable with regards to the customer according to the applicable law.
The Host is liable with regards to GOFREEDLY BOOKINGS according to these Terms of Use and the applicable legal provisions.
The Host is liable for the correct description and execution of his services.
The Host sets GOFREEDLY BOOKINGS free of any claims, damages or costs (including punitive damages, compensations or other claims), etc, arising from his or his co-workers’ actions or omissions and will support GOFREEDLY BOOKINGS in defending any related claims, in particular, but not exclusively, with regard to claims of all sort from customers and participants, their relatives, claims of third parties due to a violation of their rights, individual rights, intellectual property rights, unfair competition, copyright, etc. The Host shall be liable for legal defense costs such as legal, judicial, and experts' fees.
Liability of GOFREEDLY BOOKINGS
GOFREEDLY BOOKINGS is liable according to the applicable law. The liability for auxiliary persons is excluded. The liability for personal actions is only given in the case of intent or gross negligence on the part of GOFREEDLY BOOKINGS. The liability for slight negligence is excluded. This provision also applies to non-contractual liability.
The liability for computer viruses, spyware programs, and other damages caused by computer programs is excluded.
The contract between the customer & the Host
GOFREEDLY BOOKINGS is under no legal title a party in the contract between Host and customer.
Neither customer nor Host may derive from their contract, rights, or obligations concerning GOFREEDLY BOOKINGS. GOFREEDLY BOOKINGS is neither liable for the conduct of the customer or third party, nor the behavior of the Host. Covid-19 safety precautions are solely the responsibility of the tour or activity operator to enforce according to national requirements and the law. Gofreedly cannot guarantee their accuracy and efficiency in enforcement.
We do not act as the organizer or the seller of any kind of activities and tours uploaded by Hosts on our platform.
If you select and purchase a Supplier's tour or activity on the Gofreedly platform, you conclude a contract with the Host. When concluding the contract, we act only as the commercial agent of the Host. We accept the contract offer in the name and on behalf of the Host once you receive a booking confirmation issued in the name and on behalf of the Host.
The contract between you and the respective Host is not set out in a separate contract text. The content of the contract results from the ordered product.
Warranty Disclaimers
Your use of the service is at your sole risk. The service is provided on an “as is” and on an “as available” basis. GOFREEDLY BOOKINGS expressly disclaims all warranties of any kind, whether express, implied, or statutory.
GOFREEDLY BOOKINGS makes no warranty that (1) the service will meet your requirements, (2) the service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the service will be accurate or reliable, or (4) the quality of any products, services, information, or other services purchased or obtained by you through the service will meet your expectations.
Termination
This Terms of Use shall remain in full force and effect while you use the Service. You may terminate your use of the Service at any time. You agree that GOFREEDLY BOOKINGS, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of usage or if GOFREEDLY BOOKINGS believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. GOFREEDLY BOOKINGS may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service, under the provisions of this Terms of Use may be effected without prior notice, and acknowledge and agree that GOFREEDLY BOOKINGS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that GOFREEDLY BOOKINGS shall not be liable to you or any third-party for any termination of your access to the Service.
All provisions of this Terms of Service, which, by their nature, should survive termination, shall survive termination, including, without limitation, warranty disclaimers, and limitation of liability.
User Fee Terms
When you purchase a service offered by any member, you are buying directly from the owner of the property or activity provider, not GOFREEDLY BOOKINGS. In addition to the fees you pay for local activities or accommodation, you acknowledge that GOFREEDLY BOOKINGS reserves the right to charge for any portion of the Service “Service Fees” and to change its Service Fees from time to time at its discretion. If you are required to provide GOFREEDLY BOOKINGS information regarding your credit card or other payment instruments, you represent and warrant that such information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes, for example, a change in your billing address or credit card expiration date, that may occur. If you dispute any charges, you must let GOFREEDLY BOOKINGS know within three (3) days after the date of service completion. If GOFREEDLY BOOKINGS terminates your account because you have breached these Terms of Service, you shall not be entitled to the refund of any unused portion of fees or payments (if any). Service Fees are also non-refundable.
Commission payment to GOFREEDLY BOOKINGS
GOFREEDLY BOOKINGS requires a commission for handling the booking and payment process. The standard commission for Hosts is 17% (seventeen percent). There may be variations in this standard rate negotiated with some of the Hosts.
The commission and money transfer costs will be drawn from the amount paid to GOFREEDLY BOOKINGS by the customer upon the booking of a specific service. If no payment is credited to GOFREEDLY BOOKINGS (e.g. revocation of credit card payment), there will be no commission credited to GOFREEDLY BOOKINGS.
Revoked credit card payments
Should a participating customer cancel his credit card payment before the use of the booked service or the payment is not fulfilled for any other reason, GOFREEDLY BOOKINGS will inform the Host immediately.
If a credit card payment is revoked after the fulfillment of the contract between the Host and the customer, GOFREEDLY BOOKINGS will notify the Host. GOFREEDLY BOOKINGS will inform the Host about the reasons for withdrawal according to the particulars of the credit card organization and ask him for comment within five working days. GOFREEDLY BOOKINGS will forward this statement to the credit card organization.
GOFREEDLY BOOKINGS is not obliged to take legal measures of any kind against a customer who does not pay for a particular service or cancellation, or who revokes a credit card payment.
Payments and Billing
Hosts instruct GOFREEDLY BOOKINGS as its commercial agent to collect payments from Customers in the name and on behalf of the Host-supplier of services. Host agrees that receipt of payment for the sum due from a Customer by GOFREEDLY BOOKINGS shall extinguish Customer's payment obligation to Supplier. Hosts agree that payment made by a client to GOFREEDLY BOOKINGS, through the GOFREEDLY BOOKINGS Platform shall be considered the same as a payment made directly to the Host-supplier of services, and Supplier will provide Services to Customers in the agreed-upon manner as if Host had received the Clients’ funds directly. GOFREEDLY BOOKINGS uses MANGOPAY as its Payment Service Provider to process payments from Customers.
GOFREEDLY BOOKINGS will create a payout order in about 7 days after the completion of the service, or more if thus instructed by the Host. Before the first payment to the Host is initiated, the payment provider will require appropriate documentation for the KYC verification process. Thereafter no such documentation will be necessary unless there is a change in the business status of the HOST. Hosts are responsible for paying income tax in their country of residence on all earnings made through GOFREEDLY BOOKINGS Platform
The amount transferred by GOFREEDLY BOOKINGS to the Host reflects the sum of the net prices of all considered bookings. Some banks add fees for receiving international payments. These fees are solely at the Host's expense.
The Host is responsible for the correct accounting to authorities.
Gofreedly is acting as Intermediary
As part of the intermediation service, GOFREEDLY BOOKINGS handles customer payments on Hosts' behalf as a Merchant of Record.
GOFREEDLY BOOKINGS provides Hosts with an invoice indicating the tours & activities corresponding to commission fee withheld. There is a direct connection between money paid by the customer (Retail Price) and the service provided by the Host - the customer contract and the service provision are directly between the Host and the customer.
Contractually, Hosts render their services directly to the customer and therefore Hosts are responsible for providing a customer invoice where requested, reflecting retail prices minus the commission to GOFREEDLY BOOKINGS
Intellectual Property Rights
The GOFREEDLY BOOKINGS name and logo are trademarks and service marks of GOFREEDLY BOOKINGS. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to GOFREEDLY BOOKINGS. Nothing in this Terms of Use or the Service should be construed as granting, by implication, or otherwise, any license or right to use any of GOFREEDLY BOOKINGS Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of GOFREEDLY BOOKINGS Trademarks will inure to our exclusive benefit.
Third-Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. GOFREEDLY BOOKINGS has no control over such sites and resources, and GOFREEDLY BOOKINGS is not responsible for and does not endorse such sites and resources. You further acknowledge and agree thatGOFREEDLY BOOKINGS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any offers, content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties (including gofreedly suppliers) found while using the Service are between you and the third party, and you agree thatGOFREEDLY BOOKINGS is not liable for any loss or claim that you may have against any such third party.
User Disputes
You agree that you are solely responsible for your interactions with any other users or GOFREEDLY BOOKINGS Hosts in connection with the Service, and GOFREEDLY BOOKINGS will have no liability or responsibility with respect thereto. GOFREEDLY BOOKINGS reserves the right but has no obligation, to become involved in any way with disputes between you and any other users of the Service.
Miscellaneous
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. GOFREEDLY BOOKINGS shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond gofreedly’s reasonable control, including, without limitation, mechanical, electronic, or communications failure. If any provision of this Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect and enforceable. This Terms of Use is not assignable, transferable, or sublicensable by you except with GOFREEDLY BOOKINGS's agreement.
Last updated on 10.05.2023 (Previous update 11.08.2022)