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Terms & Conditions
staycrete.com
for Travelers and Members
(Last Updated:10/5/2021)
These Terms of Service for Clients (“Terms”) govern your use of the westaycrete.com website (“Site”) and other services offered by Westaycrete, as well as services offered through third parties integrating westaycrete functionality (collectively, “Services”). Westaycrete (“we” or “us”), provides the Site and Services. “You” refers to you as a user of the Site or Services. These Terms apply to all clients (defined below) using the Site and Services.
BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY.
Services
The Site and Services offer you a marketplace platform where users who seek tour operators (“clients”) can select someone with the specific skill-set and interest the client is looking for (“Tour Operators”) in their location or any other location and Tour Operators can offer those services to clients. You can locate Tour Operators, schedule trips, communicate with Tour Operators, and pay Tour Operators using the Site and Service.
The Site and Services may only be used to obtain or offer Accommodation, Tours, Car Rental Services, and Transfers; no other services may be obtained or offered. We do not employ any Tour Operators and we are not hiring Tour Operator for you. We may, but are not obligated to, conduct reviews, verifications, and background checks of you or Tour Operators. Nonetheless, we do not have control over the quality, timing, or legality of the services actually delivered by Tour Operators, nor of the integrity, responsibility or actions of clients or Tour Operators and we make no warranties or guarantees about them. We do not procure or provide any insurance for Tour Operators, and it is solely each Tour Operator’s responsibility to obtain all licenses, permits, and insurance required to comply with all applicable laws and regulations and to comply with all applicable tax, anti-fraud, and anti-money laundering, and other applicable laws, regulations, and requirements of the European Union and all other relevant
Eligibility
You must be at least 13 years old to use the Site or the Services. If you are under the age of majority in your state or country of residence, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian.
Additional Terms
Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through prior to your use of that Service. By using that Service, you agree to the Additional Terms.
Booking Process
Booking
The booking of a service (“Booking”) is considered final only after all of the following are completed:
- Specified the date of the trip and the number of clients.
- Chosen the Host or Tour Operator and Booking package.
- Made a Booking request.
- Made a deposit payment in an amount specified by the Host or Tour Operator.
Upon the completion of a Booking as set forth above,
- You must arrive at the precise time and location specified in the confirmation email or as previously agreed with the Tour Operator, and any delay will not be offset by the Host or Tour Operator.
- The Host or Tour Operator must arrive at the precise time and location specified in the confirmation email or as pre-agreed with the client, and any delay will be offset by the Tour Operator. The Tour Operator is required to deliver all of the services outlined in the relevant package.
Payment
Payment for the Booking will be processed as follows:
- You make a Booking and pay the deposit payment online.
- You receive a Booking confirmation with complete details via email. Deposit payments will be processed by a third-party provider, and you hereby acknowledge and agree to any terms and conditions imposed by the third-party payment processor. Credit card payments are processed by our service provider, Stripe. For information about Stripe, please visit www.stripe.com. Paypal payments are processed by Paypal. For information about Paypal, please visit www.paypal.com
Cancellation Policy
The cancelation policy is determined by each Host or Tour Operator and may vary from one Host or Tour Operator to the other. Most Hosts or Tour Operators will have a full refund policy for cancellation requests made 30 days prior to the booked trip date. Tour Operators must inform you of their cancellation policy prior to Booking. If you want to cancel or modify the Booking, you should send a cancellation request email to info@westaycrete.com referring to the Booking or Booking code.
The Host or Tour Operator has the ultimate responsibility for the safety of the clients. In the event that the trip can no longer be conducted safely due to adverse weather conditions, mechanical or other repair issues, or safety concerns (or for any other reason), the tour Operator has the right to cancel any part or the entire trip (before or after departure). We will contact you in case of any cancellation or rescheduling made by the Host or Tour Operator.
If the service is canceled due to adverse weather conditions, mechanical or other repair issues, or safety concerns, you may choose to either reschedule the trip or get a full refund. We are not responsible for any other expenses incurred by you incidental to making the tour, including accommodation, transportation, insurance, and similar expenses.
Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site or Services, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- use our Site or Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs or personal contact information of others, without their permission;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages contained in the Site;
- impersonate or misrepresent your affiliation with someone else;
- register for more than one Westaycrete account or register for a Westaycrete account on behalf of an individual other than yourself;
- recruit or otherwise solicit any user to join third party services or websites that are competitive to us, without our prior written approval;
- use, display, mirror, or frame the Site or any individual element within the Site or Services, our name, any of our trademarks, logos, or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
- attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services;
- advocate, encourage, or assist any third party in doing any of the foregoing.
User Content
The Site and some of our Services may allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. In other words, you own your personal data.
When you upload, submit, store, send, or receive User Content to or through the Site or Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Site and Services, and to develop new Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site and Services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Site or Services.
You promise that:
- you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above;
- you have paid and will pay in full any fees or other payments that may be related to the use of your User Content;
- your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site or Services for any reason.
Ownership
Other than User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The Site and Services, Our Content, and Marks are all protected under EU Trademark Laws.
Copyright and Intellectual Property Policy
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Ministry of Economy – EU. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the alleged infringing material is located.
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Copyright Agent:
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, from the copyright owner’s agent, or pursuant to the law to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content;
- Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in the EU, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material in our discretion.
Privacy
Your privacy is very important to us. Our Privacy Policy explains how we collect, use, and protect, and when we share, personal information and other data with others. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.
Third Party Content and Interactions
The Site and Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of us, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals, including Hosts and Tour Operators and other clients, found on or through the Site and Services are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that we not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of the Site or Services, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with any other user of the Site or Services, you hereby release us and our affiliates, and their officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site and Services.
Links
The Site and Services may contain links to other websites and online resources or allow others to send you such links. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.
Changes to the Site or Services
We enhance and update the Site and Services often. We may change or discontinue the Site or Services at any time, with or without notice to you.
Termination
We reserve the right to not provide the Site or Services to any person. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.
Disclaimer and Limitations on Our Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
IN PARTICULAR, WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. WE AND OUR AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS (INCLUDING BOTH CLIENTS AND TOUR OPERATORS). YOU UNDERSTAND THAT WE MAY NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON OR ANY OTHER SCREENING OF CLIENTS OR TOUR OPERATORS. WE ALSO MAY NOT INQUIRE INTO THE BACKGROUNDS OF ALL CLIENTS OR TOUR OPERATORS OR ATTEMPT TO VERIFY THE STATEMENTS OF CLIENTS OR TOUR OPERATORS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF CLIENTS ORTOUR OPERATORS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE CLIENTS OR TOUR OPERATORS. WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
WE DO NOT PROCURE ANY PROPERTY, PERSONAL INJURY, OR OTHER FORMS OF INSURANCE FOR TOUR OPERATORS AND IT IS SOLELY EACH TOUR OPERATOR’S RESPONSIBILITY TO OBTAIN ANY LICENSES AND/OR PERMITS REQUIRED TO OPERATE AND COMPLY WITH ALL LAWS AND REGULATIONS APPLICABLE TO SUCH TOUR OPERATORS AND THE BOOKING.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITE OR SERVICES, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THE TERMS, THE SITE, OR THE SERVICES, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE 12 MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
Indemnification
You agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
Other Provisions
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws, without giving effect to any conflict of laws rules or provisions.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
Changes to these Terms
From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Site or Services, you are agreeing to the revised Terms.
