Terms of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the TripofThings.com Platform, you agree to comply with and be bound by these Terms of Service.
Thank you for using TripofThings.com!
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and TripofThings.com (as defined below) governing your access to and use of the TripofThings.com website, including any subdomains thereof, and any other websites through which TripofThings.com 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, "TripofThings.com Services"). The Site, Application and TripofThings.com Services together are hereinafter collectively referred to as the “TripofThings.com Platform”. Our , Nondiscrimination Policy applicable to your use of the TripofThings.com Platform are incorporated by reference into this Agreement.
When these Terms mention “TripofThings.com,” “we,” “us,” or “our,” it refers to the TripofThings B.V which is a private limited liability company, incorporated under the laws of the Netherlands and having its offices at Jacob Catsstraat 93, 2274 GT Voorburg, the Netherlands and registered with the trade register of the Chamber of Commerce in The Hague under registration number 70742553. Our VAT registration number is NL858442267B01.
Payment processing services for the Members of Tripofthings.com Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to the Payment Terms (“Payment terms”) or continuing to operate as a Host on Tripofthings.com platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Tripofthings.com Platform enabling payment processing services through Stripe, you agree to provide Tripofthings.com accurate and complete information about you and your business, and you authorize Tripofthings.com to share it and transaction information related to your use of the payment processing services provided by Stripe.
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services. For example, some cities have laws that restrict their ability to host paying guests 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. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on TripofThings.com, you should always seek legal guidance.
1.1 The TripofThings.com 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 TripofThings.com Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use ("Accommodations"), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
1.2 The Tripofthings.com platform also offers services for travel planning. The features available in the TripofThings.com platform may vary across the platforms and can be changed without prior notice by Tripofthings.com. Some of them are free to use, others
1.3 As the provider of the TripofThings.com Platform, TripofThings.com does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is TripofThings.com 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. TripofThings.com is not and does not become a party to or other participant in any contractual relationship between Members, nor is TripofThings.com a real estate broker or insurer. TripofThings.com is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.4 The Tripofthings.com platform allows his Guests to add multiple Host services to one single shopping cart and purchase them as one single transaction. This is a service offered for the solely convenience of our Guests and it doesn’t change the contractual relationships between the Users and the Hosts pursuant to article 1.3.
1.5 While we may help facilitate the resolution of disputes, TripofThings.com 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. TripofThings.com 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 TripofThings.com 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 Guest, or communicate and interact with other Members, whether online or in person.
1.6 If you choose to use the TripofThings.com Platform as a Host, your relationship with TripofThings.com is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of TripofThings.com 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 TripofThings.com. TripofThings.com 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.
1.7 To promote the TripofThings.com Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, social medias, 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. TripofThings.com cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The TripofThings.com 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.
1.8 The TripofThings.com 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. TripofThings.com 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 TripofThings.com of such Third-Party Services.
1.9 Due to the nature of the Internet, TripofThings.com cannot guarantee the continuous and uninterrupted availability and accessibility of the TripofThings.com Platform. TripofThings.com may restrict the availability of the TripofThings.com 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 TripofThings.com Platform. TripofThings.com may improve, enhance and modify the TripofThings.com Platform and introduce new TripofThings.com Services from time to time.
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the TripofThings.com Platform or register a TripofThings.com Account. By accessing or using the TripofThings.com 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 TripofThings.com may make access to and use of the TripofThings.com Platform, or certain areas or features of the TripofThings.com 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 TripofThings.com Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. Some of those areas and features may be sold to you both as a onetime purchase as well as in a form of recurring or non-recurring subscription.
If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the TripofThings.com 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.
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 TripofThings.com 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.
TripofThings.com 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 TripofThings.com 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 TripofThings.com Platform will constitute acceptance of the revised Terms.
4.1 You must register an account ("TripofThings.com Account") to access and use certain features of the TripofThings.com Platform, such as publishing or booking a Listing. If you are registering an TripofThings.com 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 a TripofThings.com 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 TripofThings.com Account and your SNS Account at any time, by accessing the "Settings" section of the TripofThings.com Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your TripofThings.com Account and public TripofThings.com Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) TripofThings.com Account unless TripofThings.com authorizes you to do so. You may not assign or otherwise transfer your TripofThings.com Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your TripofThings.com Account credentials and may not disclose your credentials to any third party. You must immediately notify TripofThings.com 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 TripofThings.com Account. You are liable for any and all activities conducted through your TripofThings.com 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).
5.1 TripofThings.com 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 TripofThings.com Platform ("Member Content"); and (ii) access and view Member Content and any content that TripofThings.com itself makes available on or through the TripofThings.com Platform, including proprietary TripofThings.com content and any content licensed or authorized for use by or through TripofThings.com from a third party ("TripofThings.com Content" and together with Member Content, "Collective Content").
5.2 The TripofThings.com Platform, TripofThings.com Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the Netherlands and other countries. You acknowledge and agree that the TripofThings.com Platform and TripofThings.com Content, including all associated intellectual property rights, are the exclusive property of TripofThings.com 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 TripofThings.com Platform, TripofThings.com Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of TripofThings.com used on or in connection with the TripofThings.com Platform and TripofThings.com Content are trademarks or registered trademarks of TripofThings.com 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 TripofThings.com Platform, TripofThings.com 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 TripofThings.com 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 TripofThings.com or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, TripofThings.com 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 TripofThings.com 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 TripofThings.com Platform, you grant to TripofThings.com 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 TripofThings.com Platform, in any media or platform. Unless you provide specific consent, TripofThings.com 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 TripofThings.com may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "TripofThings.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the TripofThings.com Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your TripofThings.com Account is terminated or suspended for any reason. You acknowledge and agree that TripofThings.com shall have the right to use any Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where TripofThings.com is not the exclusive owner of Verified Images, by using such Verified Images on or through the TripofThings.com Platform, you grant to TripofThings.com an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. TripofThings.com in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the TripofThings.com Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the TripofThings.com 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 TripofThings.com Platform or you have all rights, licenses, consents and releases that are necessary to grant to TripofThings.com 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 TripofThings.com's use of the Member Content (or any portion thereof) 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.
5.8 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 TripofThings.com’s Content Policy or any other TripofThings.com policy. TripofThings.com may, without prior notice, remove or disable access to any Member Content that TripofThings.com finds to be in violation of these Terms or TripofThings.com’s then-current Policies, or otherwise may be harmful or objectionable to TripofThings.com, its Members, third parties, or property.
5.9 TripofThings.com respects copyright law and expects its Members to do the same. If you believe that any content on the TripofThings.com Platform infringes copyrights you own, please notify us to email@example.com
6.1 Tripofthings.com will charge Hosts a commission on sales (collectively, "Service Fees") in consideration for the use of the TripofThings.com 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 prior to publishing. TripofThings.com reserves the right to change the Service Fees at any time, and will provide Hosts adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to TripofThings.com. The applicable Service Fees (including any applicable Taxes) are collected by TripofThings.com Payments. TripofThings.com Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host.
6.4. Service fee may be subject of adjustments to take into account market changes, or any other economical reasons.
While registering to create a TripofThings.com Account, you must provide us with minimum information in order to verify you as a person or your business, according to the KYC (“Know Your Customer”) regulations. We will review your request and if accepted, you will have full access to the TripofThings.com platform features and services.
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the TripofThings.com 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 (such as house rules) 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 TripofThings.com. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
Once you think you are ready with your listing, you can request Tripofthings.com to publish it. Our team will process your request and publish your listing within approximately 5 working days.
7.1.2 In some cases, at our sole discretion, we may reject your request to publish a listing if it is found that the listing doesn’t meet the quality guidelines of TripofThings.com.
We do this as an extra service to help our Hosts to increase their visibility and sales of their Listings through good Content. This service is provided “as is” and on best effort base and it doesn’t change your responsibility pursuant to article 7.1.1.
7.1.3 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 Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
7.1.4 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.
7.1.5 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. TripofThings.com reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.6 The placement and ranking of Listings in search results on the TripofThings.com 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 Host Service, and/or ease of booking.
7.1.7 Instant Book applies to all your Listings and to all available dates on your calendar. Guests will be able to automatically book your space.
Instant Book listings don't require approval from the host before they can be booked. Instead, guests can just choose their travel dates, book and pay.
When a booking request has been successfully confirmed to you and your guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host 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.
7.1.8 TripofThings.com 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 Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.
7.2 Listing Accommodations
7.2.1 Unless expressly allowed by TripofThings.com, you may not list more than one Accommodation per Listing.
7.2.2 You represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
7.3 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.
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by TripofThings.com and/or the Host, you can book a Listing available on the TripofThings.com Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable) 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 TripofThings.com Account.
8.1.2 Upon receipt of a booking confirmation from TripofThings.com, 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. TripofThings.com Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments 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 the 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 Experience, Event or other Host Service if accompanied by an adult who is responsible for them.
8.2 Booking Accommodations
8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize TripofThings.com (via TripofThings.com Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
8.3 Booking Experiences, Events and other Host Services
8.3.1 You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional guests 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 guest’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.
8.3.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.
8.3.3 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 guest during the booking process on the TripofThings.com Platform.
9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the TripofThings.com Platform or direct TripofThings.com customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and TripofThings.com Payments will refund the amount of the Total Fees due to the Guest 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 TripofThings.com Payments pursuant to the Payments Terms.
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, TripofThings.com may allow the Guest to apply the refund to a new booking, in which case TripofThings.com Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, TripofThings.com may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, TripofThings.com 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 TripofThings.com’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.
9.4 For Experiences, 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, TripofThings.com will work with the Host and/or Guests to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, TripofThings.com 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 in TripofThings.com's Extenuating Circumstances Policy or (i) where TripofThings.com believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to TripofThings.com, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Guest suffers a Travel Issue pursuant to the Guest Refund Policy, TripofThings.com may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
9.7 If, as a Host, your Guest cancels a confirmed booking or TripofThings.com decides that it is necessary to cancel a confirmed booking, and TripofThings.com issues a refund to the Guest in accordance with the Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, TripofThings.com Payments 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.
10.1 Within a certain timeframe after completing a booking, Guests 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 TripofThings.com. Ratings and Reviews are not verified by TripofThings.com for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests 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 TripofThings.com’s Content 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 TripofThings.com 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.
As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for returning the goods that have been entrusted to you, for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
TripofThings.com generally supports payment amounts that are payable from or to Guests or Hosts to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where TripofThings.com’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, TripofThings.com 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, TripofThings.com may round up an amount of €101.50 to €102.00, and round down an amount of €101.49 to €101.00.
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 documentation that we determine to be sufficient to alleviate our obligation (if any) 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.
13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Accommodation is located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").
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 TripofThings.com Platform. In connection with your use of the TripofThings.com 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;
- use the TripofThings.com 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 TripofThings.com endorsement, partnership or otherwise misleads others as to your affiliation with TripofThings.com;
- use the TripofThings.com 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 TripofThings.com Platform;
- unless TripofThings.com 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 TripofThings.com 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 TripofThings.com Platform to request, make or accept a booking independent of the TripofThings.com Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the TripofThings.com Platform or TripofThings.com 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 TripofThings.com 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 TripofThings.com Open Homes program as determined by TripofThings.com in its sole discretion.
- use, display, mirror or frame the TripofThings.com Platform or Collective Content, or any individual element within the TripofThings.com Platform, TripofThings.com's name, any TripofThings.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the TripofThings.com Platform, without TripofThings.com's express written consent;
- dilute, tarnish or otherwise harm the TripofThings.com brand in any way, including through unauthorized use of Collective Content, registering and/or using TripofThings.com 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 TripofThings.com 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 TripofThings.com Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by TripofThings.com or any of TripofThings.com's providers or any other third party to protect the TripofThings.com Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the TripofThings.com Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the TripofThings.com 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 TripofThings.com has no obligation to monitor the access to or use of the TripofThings.com 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 TripofThings.com 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 TripofThings.com in good faith, and to provide TripofThings.com with such information and take such actions as may be reasonably requested by TripofThings.com with respect to any investigation undertaken by TripofThings.com or a representative of TripofThings.com regarding the use or abuse of the TripofThings.com 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 TripofThings.com 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).
15.1 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 TripofThings.com 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 TripofThings.com Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your TripofThings.com 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 Unless your Country of Residence is the United States, without limiting our rights specified below, TripofThings.com 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 TripofThings.com may immediately, without notice, terminate this Agreement and/or stop providing access to the TripofThings.com Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) TripofThings.com believes in good faith that such action is reasonably necessary to protect the personal safety or property of TripofThings.com, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, TripofThings.com 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, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the TripofThings.com 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 TripofThings.com 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) TripofThings.com believes in good faith that such action is reasonably necessary to protect the personal safety or property of TripofThings.com, 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 TripofThings.com Platform;
- temporarily or permanently revoke any special status associated with your TripofThings.com Account;
- temporarily or in case of severe or repeated offenses permanently suspend your TripofThings.com Account and stop providing access to the TripofThings.com Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by TripofThings.com and an opportunity to resolve the issue to TripofThings.com'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 TripofThings.com Account or any of your Member Content. If your access to or use of the TripofThings.com Platform has been limited or your TripofThings.com Account has been suspended or this Agreement has been terminated by us, you may not register a new TripofThings.com Account or access and use the TripofThings.com Platform through an TripofThings.com Account of another Member.
15.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the TripofThings.com Platform or Collective Content, you do so voluntarily and at your sole risk. The TripofThings.com 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 TripofThings.com 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 TripofThings.com 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 Experiences, Events or other Host Services 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. 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 TripofThings.com 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 your Country of Residence is 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 TripofThings.com Platform and Collective Content, your publishing or booking of any Listing via the TripofThings.com Platform, your stay at any Accommodation, participation in any Experience 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 TripofThings.com nor any other party involved in creating, producing, or delivering the TripofThings.com 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 TripofThings.com 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 TripofThings.com 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 TripofThings.com 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, in no event will TripofThings.com’s aggregate liability arising out of or in connection with these Terms and your use of the TripofThings.com Platform including, but not limited to, from your publishing or booking of any Listings via the TripofThings.com Platform, or from the use of or inability to use the TripofThings.com Platform or Collective Content and in connection with any Accommodation, Experiences, Event,other Host Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the TripofThings.com 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 TripofThings.com 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 TripofThings.com 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 TripofThings.com’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 your Country of Residence is in the EU, TripofThings.com 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. TripofThings.com 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 TripofThings.com in whose proper fulfilment 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 TripofThings.com is excluded.
You agree to release, defend (at TripofThings.com’s option), indemnify, and hold TripofThings.com and its affiliates and subsidiaries, including but not limited to 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, (ii) your improper use of the TripofThings.com Platform or any TripofThings.com Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host 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.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the TripofThings.com Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the TripofThings.com 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.
These Terms will be interpreted in accordance with Dutch 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. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought to the court located in The Hauge, The Netherlands. If TripofThings.com 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.
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between TripofThings.com and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between TripofThings.com and you in relation to the access to and use of the TripofThings.com Platform.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and TripofThings.com as a result of this Agreement or your use of the TripofThings.com Platform.
21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
21.4 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.
21.5 TripofThings.com’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 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.
21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without TripofThings.com's prior written consent. TripofThings.com 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.
21.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by TripofThings.com via email, TripofThings.com Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which TripofThings.com transmits the notice.
21.8 If your Country of Residence is in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that TripofThings.com is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
21.9 If you have any questions about these Terms please email us.