Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the SHTR Platform, you agree to comply with and be bound by these Terms of Service.
Last Updated: January 28, 2018
These Terms of Service constitute a legally binding agreement between you and SHTR governing your access to and use of the SHTR website, including any subdomains thereof, and any other websites through which SHTR makes the SHTR Services available, our mobile, tablet and other smart device applications, and application program interfaces and all associated services. The Site, Application and SHTR Services together are hereinafter collectively referred to as the "SHTR Platform".
When these Terms mention "SHTR," "we," "us," or "our," it refers to the SHTR Company you are contracting with.
Wherever you reside, you are contracting with SHTR Ltd., 3 Ash Grove, London, England, UK, N10 3UL
Table of Contents
1 Scope of SHTR Services
2 Eligibility, Using the SHTR Platform, Member Verification
3 Modification of these Terms
4 Account Registration
7 Terms specific for Service Providers
8 Terms specific for Clients
9 Booking Modifications, Cancellations and Refunds
10 Ratings and Reviews
12 Rounding off, Currency conversion
14 Prohibited Activities
15 Terms and Termination, Suspension and other Measures
19 Arbitration Agreement
21 Applicable Law and Jurisdiction
22 General Provisions1. Scope of SHTR Services
1.1 The SHTR Platform is an online marketplace that enables registered users and certain third parties who offer services to publish such Host Services on the SHTR Platform and to communicate and transact directly with Members that are seeking to book such Host Services. Host Services may include single or multi-day activities in various categories, access to unique events and locations, and a variety of other travel and non-travel related services.
1.2 As the provider of the SHTR Platform, SHTR does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Host Services. Hosts alone are responsible for their Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. SHTR is not and does not become a party to or other participant in any contractual relationship between Members.
1.3 While we may help facilitate the resolution of disputes, SHTR has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content, or (iii) the performance or conduct of any Member or third party. SHTR does not endorse any Member, or Host Services. Any references to a Member being "verified" 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 SHTR 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 Activity or Events or use other Host Services, or communicate and interact with other Members, whether online or in person. Verified Images are intended only to indicate a photographic representation of a Service at the time the photograph was taken, and are therefore not an endorsement by SHTR of any Host or Listing.
1.4 If you choose to use the SHTR Platform as a Guide or Service Provider, your relationship with SHTR is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of SHTR 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 SHTR.
1.5 To promote the SHTR Platform and to increase the exposure of Services to potential customers, Services 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, Services and other Member Content may be translated, in whole or in part, into other languages. SHTR cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The SHTR 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 noninfringement.
1.6 The SHTR Platform may contain links to third-party websites or resources. Such Third-Party Services may be subject to different terms and conditions and privacy practices. SHTR 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 SHTR of such Third-Party Services.
1.7 Due to the nature of the Internet, SHTR cannot guarantee the continuous and uninterrupted availability and accessibility of the SHTR Platform. SHTR may restrict the availability of the SHTR 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 SHTR Platform. SHTR may improve, enhance and modify the SHTR Platform and introduce new SHTR Services from time to time.2. Eligibility, Using the SHTR Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the SHTR Platform or register an SHTR Account. By accessing or using the SHTR Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction.
2.3 SHTR may make the access to and use of the SHTR Platform, or certain areas or features of the SHTR 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 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 SHTR Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions.3. Modification of these Terms
SHTR 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 SHTR Platform and update the "Last Updated" date at the top of these Terms. 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 SHTR Platform will constitute acceptance of the revised Terms.4. Account Registration
4.1 You must register an account to access and use certain features of the SHTR Platform, such as publishing or booking a Listing. If you are registering an SHTR Account for a company 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 SHTR 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.
4.3 You must provide accurate, current and complete information during the registration process and keep your SHTR Account and public SHTR Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) SHTR Account unless SHTR authorizes you to do so. You may not assign or otherwise transfer your SHTR Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your SHTR Account credentials and may not disclose your credentials to any third party. You must immediately notify SHTR 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 SHTR Account. You are liable for any and all activities conducted through your SHTR 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 SHTR may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your SHTR Account. These features do not require that you share your credentials with any other person. No third party is authorized by SHTR to ask for your credentials, and you shall not request the credentials of another Member.5. Content
5.1 SHTR 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 SHTR Platform; and (ii) access and view Member Content and any content that SHTR itself makes available on or through the SHTR Platform.
5.2 The SHTR Platform, SHTR Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the BVI and other countries. You acknowledge and agree that the SHTR Platform and SHTR Content, including all associated intellectual property rights, are the exclusive property of SHTR 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 SHTR Platform, SHTR Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of SHTR used on or in connection with the SHTR Platform and SHTR Content are trademarks or registered trademarks of SHTR. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the SHTR Platform, SHTR 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 SHTR 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 SHTR or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, SHTR grants you a limited, non-exclusive, non-sub licensable, 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 SHTR 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 SHTR Platform, you grant to SHTR a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, 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 SHTR Platform, in any media or platform. Unless you provide specific consent, SHTR 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.
5.6 You are solely responsible for all Member Content that you make available on or through the SHTR 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 SHTR Platform or you have all rights, licenses, consents and releases that are necessary to grant to SHTR 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 SHTR's use of the Member Content 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 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; (v) promotes illegal or harmful activities or substances. SHTR may, without prior notice, remove or disable access to any Member Content that SHTR finds to be in violation of these Terms.
5.8 SHTR respects copyright law and expects its Members to do the same. If you believe that any content on the SHTR Platform infringes copyrights you own, please notify us.6. Finances
6.1 Service Fees
6.1.1 SHTR may charge fees to Service Providers and/or Guests in consideration for the use of the SHTR Platform. Please refer to our Service Fees page for our current commision prices.
6.1.2 Any applicable Service Fees, including any applicable Taxes will be displayed to a Host or Guest prior to publishing or booking a Listing. SHTR reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
6.1.3 You are responsible for paying any Service Fees that you owe to SHTR. The applicable Service Fees are due and payable and collected by SHTR Payments pursuant. Except as otherwise provided on the SHTR Platform, Service Fees are non-refundable.
6.2 Payment Methods and Payout Methods
6.2.1 When you add a Payment Method or Payout Method to your SHTR Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to SHTR Payments 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 include:
- for direct deposit, your address, name on the account, account type, routing number, and account number;
- for PayPal, your address, email address, and payout currency
6.2.2 When you add or use a new Payment Method, SHTR Payments may verify the Payment Method by authorizing a nominal amount, not to exceed one dollar ($1), or a similar sum in the Payment Method's local currency (e.g., one euro or one British pound). For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, each not to exceed two dollars ($2) or a similar sum in the Payment Method's local currency (e.g., two euros or two British pounds), and ask you to confirm these amounts, or (ii) require you to upload a billing statement. When you add a Payment Method during checkout, we will automatically save that Payment Method to your SHTR Account so it can be used for a future transaction.
6.2.3 To verify your Payout Method, SHTR Payments may send one or more payments of nominal amounts to your Payout Method. We may, and retain the right to, initiate refunds of these amounts from your Payout Method.
6.2.4 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 SHTR in connection with the Payment Services, and SHTR Payments 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.
6.2.5 You authorize SHTR Payments 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 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 SHTR Account.
6.2.6 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. SHTR Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
6.3 Financial Terms for Hosts
Generally speaking, SHTR Payments will collect the Total Fees from a Guest at the time the Guest's booking request is accepted by the host, or at any other time mutually agreed between the Guest and SHTR Payments.
6.3.1 In order to receive a Payout you must have a valid Payout Method linked to your SHTR Account. SHTR Payments will generally initiate Payouts to your selected Payout Method: (i) for Activities and Events within 24 hours after the finish of the Activity or Event; and (iii) for all other Host Services at the time specified via the SHTR Platform. The time it takes to receive Payouts once released by SHTR Payments may depend upon the Payout Method you select. SHTR Payments may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
6.3.2 Your Payout for a booking will be the Listing Fee less applicable Host Fees and Taxes.
6.3.3 SHTR Payments will remit your Payouts in your currency of choice, depending upon your selections via the SHTR Platform. If the currency of your Listing Fee at the time of booking is different from your selected Payout currency when we initiate your Payout, we will apply the Base Exchange Rate to your Payout. Amounts may be rounded up or down.
6.3.4 For compliance or operational reasons, SHTR Payments may limit the value of each individual Payout. If you are due an amount above that limit, SHTR may initiate a series of Payouts in order to provide your full payout amount.
6.4. Financial Terms for Guests
6.4.1 You authorize SHTR Payments to charge your Payment Method the Total Fees for any booking requested in connection with your SHTR Account. SHTR Payments will collect the Total Fees in the manner agreed between you and SHTR Payments via the SHTR Platform. SHTR Payments will generally collect the Total Fees after the Host accepts your booking request. SHTR Payments may offer alternative options for the timing and manner of payment; any additional fees for using offered payment options will be displayed via the SHTR Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option. If SHTR Payments is unable to collect the Total Fees as scheduled, SHTR Payments 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.
6.4.2 When you request to book a Listing, SHTR Payments may also (i) obtain a pre-authorization via your Payment Method for the Total Fees or (ii) charge or authorize your Payment Method a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g., one euro or one British pound), to verify your Payment Method.
6.4.3 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 SHTR Payments will be refunded to you, and any pre-authorization of your Payment Method will be released. 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 rules.
6.4.4 You authorize SHTR Payments to perform the Payment Method verifications described in the above sections, and to charge your Payment Method for any bookings made in connection with your SHTR Account. You hereby authorize SHTR Payments to collect any amounts due by charging the Payment Method provided at checkout, either directly by SHTR Payments or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the SHTR Platform.
6.4.5 If SHTR Payments is unable collect any amounts due via your selected Payment Method, you authorize SHTR Payments to charge any other Payments Methods on file in your SHTR Account. You also authorize SHTR Payments to charge any Payment Method on file in your SHTR Account in the event of a Damage Claim.
6.4.6 SHTR Payments is not responsible for any fees that a Guest's third-party payment service provider may impose when SHTR Payments charges the Guest's Payment Method, and SHTR Payments disclaims all liability in this regard.7. Terms specific for Service Providers
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the SHTR Platform you must (i) provide complete and accurate information about your Host Service, (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Activity and (iii) provide any other pertinent information requested by SHTR. You are responsible for keeping your Listing information up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing. Once a Guest requests a booking of your Listing, you may not request that the Guest 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 cancellation policy you have selected for your Listing.
7.1.4 Pictures, animations or videos used in your Listings must accurately reflect the quality and condition of your Services. SHTR 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 SHTR Platform may vary and depend on a variety of factors, such as Guest 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 Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking of Service request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
7.1.7 SHTR recommends that Hosts obtain appropriate insurance for their Host Services.
7.2 Listing Activities, Events and other Host Services
7.2.1 To list a Tour, Event or other Host Service, you must create a Listing and submit the Tour, Event or Host Service to SHTR. To be considered for publishing on the SHTR Platform, Activities, Events or other Host Services must at all times meet the quality of Standards for Activities and meet Guest demand. SHTR reserves the right to decide, in its sole discretion, if a submitted Activity, Event or other Host Service will be published on the SHTR Platform.
7.2.2 When listing an Activity, Event or other Host Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Activity, 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 Activity, Event or other Host Service.
7.2.3 If you wish to list an Activity on behalf of a Nonprofit, you must contact SHTR support in advance before attempting to list such an Activity. You and your Nonprofit are solely responsible for complying with all laws that apply to your organization and your Activity.
7.2.4 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Activity, Event or other Host Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Activity, Event or other Host Service(s).
7.2.5 You must provide an Activity, Event or other Host Service in person and may not allow any third party to provide the Activity, Event or other Host Service on your behalf, unless authorized by SHTR.8. Terms specific for Clients
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements set by the Host, you can book a Listing of Service(s) available on the SHTR Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit, Guest Fee and any applicable Taxes will be presented to you prior to booking a Listing of Service(s). You agree to pay the Total Fees for any booking requested in connection with your SHTR Account.
8.1.2 Upon receipt of a booking confirmation from SHTR, 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. SHTR Payments will collect the Total Fees at the time of the booking request or upon the Host's confirmation pursuant to the Payment Terms.
8.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest 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 guest 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 Activity, Event or other Host Service if accompanied by an adult who is responsible for them.
8.2 Booking Activities, Events and other Host Services
8.2.1 You should carefully review the description of any Activity, Event or other Host Service you intend to book to ensure you meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. You are required to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest's ability to safely participate in any Activity, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Activity, 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 Activity, Event or other Host Service.
8.2.2 Before and during an Activity, 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 Activity, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process.9. Booking Amendments and Cancellation Policy
9.1 Booking Modifications, Cancellations and Refunds
9.1.1 Hosts and Guests are responsible for any modifications to a booking that they make via the SHTR Platform or direct SHTR customer service to make, and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.1.2 Guests can cancel a confirmed booking at any time subject to the Listing's cancellation policy, and SHTR Payments will provide any refund to the Guest in accordance with such cancellation policy.
9.1.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking and SHTR may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, SHTR 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 due to Extenuating Circumstances or has legitimate concerns about the Guest's behaviour.
9.1.4 For Activities, Events and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, SHTR will work with the Host to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.
9.1.5 In certain circumstances, SHTR may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth by Extenuating Circumstances or (i) where SHTR believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to SHTR, other Members, third parties, or (ii) for any of the reasons set out in these Terms.
9.1.6 If a Guest suffers a Travel Issue, SHTR may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
9.2 Cancellation Policy
9.2.1 If a Guest requests a booking cancellation within 48 hours before any Activity, Event and other Host Service is to take place, SHTR will perform a complete refund subject to no external costs having already been charged by the Host provider themselves. If an external cost has already taken place (e.g. purchase of museum tickets, space reservations) in order to proceed with the Guests booking, then that external sum will be taken out of the total cost of the planned Activity, Even and other Host Service and the remaining amount will be transferred back to the client.
9.2.2 If a Guest requests a booking cancellation between 48 to 24 hours before an Activity, Event and other Host Service is to take place, SHTR will perform a 50% refund subject to no external costs having already been charged by the Host provider themselves. If an external cost has already taken place, see 9.2.1 above. The remaining 50% will be split evenly between the Activity Leader and the SHTR platform, subject to no external costs being incurred. If an external cost has already been paid for by the Activity Leader, SHTR will first cover the total external cost incurred (subject to proof of receipt/purchase) and then proceed with the 50% - 50% even split between the Host and the SHTR platform from the remaining proceeds.
9.2.3 If a Guest requests a booking cancellation later than 24 hours before Activity, Event and other Host Service is to take place, SHTR will not perform a refund and proceed to keep the payment sum. SHTR will later proceed with the 50% - 50% even split between the Host and the SHTR platform, subject to no external occurring. If an external cost has occurred, SHTR will proceed as with the term 9.2.2 above.
9.2.4 If an Activity Leader or Host is for some reason (due to extenuating/unpredictable circumstances) unable to lead the Activity, Event and other Host Service the Guest will be subject to a full refund or a free reschedule booking subject to the Activity Leader being able to perform and go through with the Activity. The extenuating/unpredictable circumstances will then be reviewed in detail by the SHTR team and if legitimate all external costs that have already been paid for by the Host/Activity Leader will be paid for by the SHTR platform. If however, SHTR deems the circumstance to be unreasonable, then the Host/Activity Leader is responsible for these external costs.
9.2.5 If a Guest requests to amend the time or date of the Activity, Event and other Host Service, then depending on circumstances each booking file will be reviewed on a case by case system and SHTR will either execute a refund subject to the above terms (9.2.1; 9.2.2; 9.2.3; 9.2.4) or proceed with the amendment of the booking. We recommend our Guests to inform us of these booking amendments at least a week before an Activity, Event and other Host Service is to take place to guarantee a full refund or date/time amendment. Anything post this timeline will be subject to external fees. Once again this depends on the circumstances of the case. To proceed with the cancellation and or amendment process please contact: firstname.lastname@example.org
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review and submit a star rating about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of SHTR. Ratings and Reviews are not verified by SHTR for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Hosts must be fair, truthful and factual and may not contain any offensive or defamatory language.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.11. Damage
11.1 SHTR is not responsible for any loss, damage or theft to equipment or personal belongings that may be used or in presence during one of the Activities, Events and other Host Services. This is the sole responsibility of the Host and Guests undertaking the following Service. We encourage that the Host and Guest come to a reasonable solution between themselves as we will have no involvement if this matter was to occur.12. Rounding off, Currency conversion
12.1 SHTR may, in its sole discretion, round up or round down amounts that are payable from or to Guests 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, SHTR will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00. For currencies that are denominated in large numbers, SHTR may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; for example, SHTR may round up an amount of 2,045 up to 2,050 and 2,044 down to 2,040, or 847,500 up to 848,000 and 847,499 down to 847,000.
12.2 The SHTR Platform facilitates bookings between Guests and Hosts who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the SHTR Platform allows Members to view the price of Listings in a number of currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location.
12.3 SHTR will also use the same exchange rate that the third party service will provide on the specific day that a booking is made. This may differ from the exact live exchange rate of the day.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, tourist or other visitor taxes or income 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 documentation that we determine to be sufficient to alleviate our obligation to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, 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 SHTR Platform. In connection with your use of the SHTR 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;
• use the SHTR 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 SHTR endorsement, partnership or otherwise misleads others as to your affiliation with SHTR;
• use the SHTR Platform in connection with the distribution of unsolicited commercial messages ("spam");
• unless SHTR 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 SHTR 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 SHTR Platform to request, make or accept a booking independent of the SHTR Platform, to circumvent any Service Fees or for any other reason;
• request, accept or make any payment for Listing Fees outside of the SHTR Platform or SHTR Payments. 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 SHTR 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 abusive or disruptive behavior;
• use, display, mirror or frame the SHTR Platform or Collective Content, or any individual element within the SHTR Platform, SHTR's name, any SHTR trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the SHTR Platform, without SHTR's express written consent;
• dilute, tarnish or otherwise harm the SHTR brand in any way, including through unauthorized use of Collective Content, registering and/or using SHTR 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 SHTR 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 SHTR Platform for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by SHTR or any of SHTR's providers or any other third party to protect the SHTR Platform;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the SHTR Platform;
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the SHTR Platform;
• violate or infringe anyone else's rights or otherwise cause harm to anyone.
14.2 You acknowledge that SHTR has no obligation to monitor the access to or use of the SHTR 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 SHTR Platform; (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 SHTR in good faith, and to provide SHTR with such information and take such actions as may be reasonably requested by SHTR with respect to any investigation undertaken by SHTR or a representative of SHTR regarding the use or abuse of the SHTR 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 SHTR by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law or cause us to incur any liability to you.15. Terms 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 SHTR terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by contacting SHTR directly. If you cancel your SHTR Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your SHTR Account as a Guest, 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, SHTR 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 SHTR may immediately, without notice terminate this Agreement 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) SHTR believes in good faith that such action is reasonably necessary to protect the personal safety or property of SHTR, its Members, or third parties.
15.5 In addition, SHTR 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 SHTR 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 SHTR 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) SHTR believes in good faith that such action is reasonably necessary to protect the personal safety or property of SHTR, 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 SHTR Platform;
• temporarily or permanently revoke any special status associated with your SHTR Account; or
• temporarily or in case of severe or repeated offenses permanently suspend your SHTR Account.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by SHTR and an opportunity to resolve the issue to SHTR's reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Guests 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 SHTR Account or any of your Member Content. If your access to or use of the SHTR Platform has been limited or your SHTR Account has been suspended or we have terminated this Agreement, you may not register a new SHTR Account or access and use the SHTR Platform through an SHTR Account of another Member.
15.8 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.16. Disclaimers
If you choose to use the SHTR Platform or Collective Content, you do so voluntarily and at your sole risk. The SHTR 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 SHTR 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 SHTR 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 Activities, Events or other Host Services may carry inherent risk, and by participating in those Host 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. If you are bringing a minor as an additional guest, 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 SHTR 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.
17.1 Unless you reside in the EU, 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 SHTR Platform and Collective Content, your publishing or booking of any Listing via the SHTR Platform, your participation in any Activity or Event or use of any other Host Service or any other interaction you have with other Members whether in person or online remains with you. Neither SHTR nor any other party involved in creating, producing, or delivering the SHTR 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 SHTR 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 SHTR 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 SHTR 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 SHTR Host Guarantee, in no event will SHTR's aggregate liability arising out of or in connection with these Terms and your use of the SHTR Platform including, but not limited to, from your publishing or booking of any Listings via the SHTR Platform, or from the use of or inability to use the SHTR Platform or Collective Content and in connection with any Activities, Event or other Host Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the SHTR Platform as a Guest 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 SHTR to you in the twelve (12) month period prior to the event giving rise to the liability, 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 SHTR 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 SHTR'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.
17.2 If you reside in the EU, SHTR 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. SHTR is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of SHTR in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of SHTR is excluded.18. Indemnification
You agree to release, defend, indemnify, and hold SHTR 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 Terms or our Policies or Standards, (ii) your improper use of the SHTR Platform or any SHTR Services, (iii) your interaction with any Member, participation in an Activity, Event or other Host Service, including without limitation any injuries, losses or damages 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.19. Arbitration Agreement
19.1 Agreement to Arbitrate. You and SHTR mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the SHTR Platform, the Host Services, or the Collective Content will be settled by binding arbitration. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and SHTR agree that the arbitrator will decide that issue.
19.2 Jury Trial Waiver. You and SHTR acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
19.3 No Class Actions or Representative Proceedings. You and SHTR acknowledge and agree that 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 SHTR 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 this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.20. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the SHTR Platform. You may submit Feedback by emailing us, through the contact section of the SHTR 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
21.3 These Terms will be interpreted in accordance with BVI 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 BVI 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 the BVI. If SHTR 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.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 SHTR and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between SHTR and you in relation to the access to and use of the SHTR Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and SHTR as a result of this Agreement or your use of the SHTR 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 SHTR'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 SHTR's prior written consent. SHTR 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 in writing and given by SHTR via email, SHTR Platform notification, or messaging service.
22.8 Please note that SHTR BVI is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
22.9 If you have any questions about these Terms please email us.