These Terms of Service for Consumers contain the legal terms and conditions that govern your use of the Service as a consumer (“Terms of Service”). By using the Service, you accept and agree to be bound by these Terms of Service. Without accepting these Terms of Service, the consumer cannot make use of the Service.
- The ServiceFareHarbor B.V. (“FareHarbor”) provides a comprehensive and online solution (“Service”) that providers of tours, activities, and attractions can use to accept, manage, and take payment for reservations for their products and services (“Providers”) and through which consumers may use to obtain, and pay for reservations for Providers’ products and services. The term “Service” includes the software, hardware, equipment, technology, solutions, and services necessary for FareHarbor to provide the FareHarbor Service.
- Relationship between the consumer, the Provider, and FareHarbor2.1 Upon completing the reservation process and purchase for a Provider’s product or service through the Service (“Booking”), the consumer enters into a direct contractual relationship (the “Activity Contract”) with the Provider. FareHarbor is not a party to the Activity Contract. The Provider is solely responsible for performing its obligations under the Activity Contract.
2.2 FareHarbor does not own or operate Provider or own, sell, furnish, provide, rent, manage or control the Provider’s products and services.
2.3 FareHarbor’s responsibilities are limited to providing the Service for consumer’s use, which includes (a) facilitating all payments that take place in connection with reservations made by consumers and acting as a limited purpose payment agent of such consumers in collecting the amount to be paid to the Provider for the purchased product or service, and (b) paying that amount to Provider on behalf of consumers.
2.4 The Provider is solely responsible for the information regarding Provider’s products and services that can be booked through the Service. More specifically: it is the Provider’s sole responsibility that the information provided to you regarding Provider’s products and services (and the terms and conditions related thereto) is complete, correct, adequate, and current. FareHarbor is not an agent or representative of the Provider, and FareHarbor is not liable on any legal basis for the information provided by the Provider in connection with Provider’s products and services.
- Conditions for making use of the Booking Service3.1 The following conditions apply when you use of the Service:
(i) you must be at least 16 years old;
(ii) if you are using the Service on behalf of a third party, including as a booking agent or a booking agent’s representative, you must be at least 18 years old;
(iii) in any case, the person making use of the Service must possess the legal authority to enter into binding legal obligations;
(iv) you will only use the Service to make a legitimate booking for yourself or for another person for whom you are legally authorized to represent;
(v) in case the person making use of the Service makes a booking for another person, they will inform the other persons of the terms set out in the Activity Contract and obtain their agreement to be bound by the terms of the Activity Contract;
(vi) the person making use of the Service shall not use the Service to find a Provider and then complete the transaction between them independent of the Service, attempting to circumvent any obligation to pay a fee to FareHarbor.
- Booking Service Fee4.1 FareHarbor charges you a fee for making use of the Service to obtain (and make payment for) a reservation for Provider’s products or services (“Booking Fee”).
4.2 The Booking Fee will not exceed fifty per cent (50%) of the activity fee (i.e., the amount charged by the Provider for its products and services). The Booking Fee is inclusive of any applicable taxes.
4.3 The Booking Fee may be collected from you together with the activity fee.
4.4 FareHarbor acquires payment services from certain third-party payment services providers to process payments for the Service and Provider’s products and services. By accepting these Terms of Service, you expressly authorize FareHarbor to disclose your information, including any personal information, and to give payment instructions to the payment services provider. You also agree to be bound by the current version of the processor’s privacy policy and terms of service. Information about FareHarbor’s current payment services providers is available here.
4.5 Additional fees or charges may be imposed by your financial institution for international transactions.
- Right to cancel, errors and mistakes5.1 The Service may contain technical inaccuracies and typographical or other errors in connection with information displayed, including without limitation rates, fees, or availability related to your transaction. FareHarbor assumes no responsibility or liability for such errors, inaccuracies, or omissions. FareHarbor has the right to make changes, corrections or cancellations to such information or reservation, at any time, including after confirmation of a transaction. FareHarbor is not responsible for communication failures, errors, difficulties, or other malfunctions, or lost, stolen or misdirected transactions, transmissions, messages or entries on or in connection with the Service. The Service may not be continuously available due to maintenance or repairs, or due to computer problems, disruptions in Internet service or other unforeseen circumstances.
- Access and Interference6.1 You agree that you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without FareHarbor’s express written permission. Additionally, you agree you will not:
(i) take any action that imposes, or may impose in FareHarbor’s sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or
(iii) bypass any measures FareHarbor may use to prevent or restrict access to the Service. FareHarbor retains the right at its sole discretion to deny access to anyone to this Service, at any time and for any reason, including, but not limited to, for violation of these Terms of Service.
- Intellectual Property Rights7.1 FareHarbor grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service and the content made available through the Service solely for the purposes it is being made available for. This license does not include any collection and use of any images or third-party content on the Service; any derivative use of the Service or its contents; any downloading or copying of customer or account information for the benefit of a third party; or any use of data mining, robots, scraping or similar data gathering and extraction tools. Except as expressly permitted by these Terms of Service, the Service, or any portion thereof, may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without FareHarbor’s express written consent.
7.2 All of the content featured or displayed on the Service, including without limitation, text, graphics, photographs, images, sound, and illustrations (“Content”), is owned by FareHarbor, its licensors, vendors, agents or Providers. All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Service may only be used for the intended purpose for which such Service is being made available. You are authorized to view, play, print and download copyrighted documents, audio and video found on our Service for personal or informational purposes only. You may not modify any of the materials nor copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Service. The Service, its Content and all related rights shall remain the exclusive property of FareHarbor or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Service.
7.3 All trademarks, service marks and trade names of FareHarbor used in the Service (including but not limited to: FareHarbor’s name and logo; the Service’s name, design, and any logos) (collectively “Marks”) are trademarks of FareHarbor or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without FareHarbor’s prior written consent. FareHarbor prohibits the use of the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. The person making use of the Service shall not use FareHarbor’s name or any language, pictures or symbols which could, in FareHarbor’s judgment, imply FareHarbor’s endorsement in any written or oral advertising, presentation, brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
7.4 From time to time, the Service may contain links to websites that are not owned, operated or controlled by FareHarbor or its affiliates. All such links are provided solely as a convenience to the person making use of the Services. If such person uses these links, they will leave the Service. Neither FareHarbor nor any of its respective affiliates are responsible for any content, materials or other information located on or accessible from any other websites. FareHarbor and its affiliates do not endorse, guarantee, or make any representations or warranties regarding any other websites, services, or any other information located or accessible from any other websites or services. If the person making use of the Service decides to access any other websites, this person does so entirely at their own risk.
- Data Privacy8.1 Data collection and use, including the collection and use of personally identifiable information, is governed by FareHarbor’s Privacy Policy which is incorporated into and is a part of these Terms of Service.
- Termination9.1 FareHarbor may suspend or terminate the use of the Service at any time in case of a breach of the obligations under these Terms of Service by the person making use of the Service.
- Liability and limitation of the time to bring claims10.1 FareHarbor does not assume any responsibility for and is not liable for any damages to the computer, equipment or other property of the person making use of the Service caused by or arising from their access to, use of, or browsing of the Service, or their downloading of any information or materials from this Service.
10.2 In no event will FareHarbor, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns be liable to the person making use of the Service or to anyone else for any indirect, punitive, or consequential damages (including but not limited to those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of using the Service (or the materials, information or other content contained on the Service) whether on the basis of contract or on any other legal basis.
10.3 In the event of any problem with the Service, the person making use of the Service agree that their sole remedy is to cease using the Service.
10.4 In the event of any problem with the Provider, you agree that your sole remedy, if any, is from that Provider directly and that FareHarbor shall not be liable for any loss or damages incurred as a result of dealings with the Provider.
10.5 In no event shall FareHarbor’s total liability to the person making use of the Service (whether based on contract or tort or otherwise) exceed in the aggregate the greater of (a) the Booking Fee, or (b) one hundred US Dollars.
10.6 You agree that any claim or cause of action related to or arising from your use of the Service against FareHarbor must be brought within two years from the date on which such claim or action arose or accrued. Failing to bring a claim or cause of action within the two-year period will lead to the claim being deemed to be irrevocably waived.
- Waiver of rights to rescind the contract embodied in these Terms of Service11.1 You agree that FareHarbor shall provide the Service and that after the Service has been provided, the rights to rescind the contract (as embodied in these Terms of Service) is waived.
- Miscellaneous12.1 These Terms of Service are governed by the laws of the Netherlands.
12.2 Disputes arising out of or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the Amsterdam District Court.
12.3 If any provision of these Terms of Service is held to be null and void, such provision shall be amended to achieve as closely as possible the effect of the original provision and all other provisions of these Terms of Service will continue in full force and effect.
12.4 These Terms of Service and the Privacy Policy are the entire agreement between the person making use of the Booking Service and FareHarbor and supersede any prior understandings or agreements (written or oral).
12.5 FareHarbor’s failure to act with respect to a breach by the person making use of the Booking Service or others does not waive FareHarbor’s right to act with respect to subsequent or similar breaches.
