Terms of Service for Customers

Table of Contents

Relationship between you, the Provider, and FareHarbor
Conditions for making use of the Service
Booking Fee
Right to cancel, errors and mistakes
Access and Interference
Intellectual Property Rights
Privacy
Termination
Limitation of Liability
Miscellaneous

These Terms of Service for Customers (“Terms of Service”) are between you, the person making use of the Service, (“you”, “your” , “Customer”) and FareHarbor B.V. (“FareHarbor”, “we”, “us”, or “our”), and describe your rights and responsibilities when using our online booking, reservation, and facilitated payments solution (the “Service”). Please read them carefully. These Terms of Service are a legally binding contract between you and FareHarbor, a comprehensive online booking and reservation solutions company for activity (tourism) businesses (“Provider” or “Providers”), that acts as a limited purpose payment agent on your behalf, allowing customers like you to book and pay for activity (tourism) reservations online. Upon completion of an online booking or reservation, you confirm that you have read, understand, and agree to be bound by these Terms of Service along with any other terms that you’re provided with during the booking process.

1. Relationship between you, the Provider, and FareHarbor

1.1 Activity Contract. Upon using the Service to complete the online reservation process and purchase a Provider’s product or service (“Booking”), you enter into a direct contractual relationship (the “Activity Contract”) with the Provider. FareHarbor is not a party to the Activity Contract.

1.2 Contract Obligations. You acknowledge and agree that the Provider, not FareHarbor, is solely responsible for (a) performing Provider’s obligations under the Activity Contract, and (b) informing you of any relevant policies and practices that you are required to comply with. Additionally, when you enter into an Activity Contract with a Provider, you agree and understand that you accept any terms, conditions, rules, and restrictions associated with said Activity Contract any relevant policies and practices. You also acknowledge and agree that you, and not FareHarbor, will be responsible for performing any obligations within the Activity Contract and complying with any relevant policies and practices.

1.3 Separate Parties. FareHarbor does not (i) exercise any control or authority over Provider, its employees, agents, or representatives; (ii) own, sell, furnish, provide, rent, manage, or control the Provider’s products and services; or, (iii) own or possess any right, title, or interest in Provider.

1.4 No Partnership. FareHarbor and its Providers operate independently, and you agree that nothing in these Terms of Service shall be interpreted to create an association, joint venture, agency relationship, or partnership between FareHarbor and a Provider.

1.5 Facilitated Payment. FareHarbor’s responsibilities are limited to providing the Service for your use, which includes (i) facilitating all payments for Bookings made using the Service, (ii) acting as a limited purpose payment agent on your behalf to collect the amount to be paid to the Provider under the Activity Contract for the purchased product or service (“Activity Price”), and (iii) paying the Activity Price to the Provider on your behalf. To fulfill these responsibilities, FareHarbor engages with (licensed) payment services providers (PSP).

1.6 Credit Card Authorization. You authorize FareHarbor and the applicable PSP, as part of fulfilling the payment facilitation responsibilities described in Section 1.5 above, to charge your credit card for the Activity Price and the Booking Fee or obtain pre-authorization via your credit card for the Activity Price and the Booking Fee, including any applicable taxes.

1.7 Activity Information. 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 makes no representations or warranties of any kind, whether express or implied, to you relating to information about Provider’s products and services.

2. Conditions for making use of the Service

2.1 Capacity. To the extent prohibited by applicable law, the Service is not intended for and should not be used by anyone under the age of eighteen (18). By using the Service, you represent that: (a) you are at least eighteen (18) years old; (b) you possess the legal authority to enter into binding legal obligations; and, (c) 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.

2.2 Third-party Use. If you or the person making use of the Service makes a Booking for a third-party, you or the person making use of the Service agree to assume responsibility for (i) informing the third-party of the terms set out in the Activity Contract, and (ii) obtaining the third-party’s agreement to the terms of the Activity Contract;

2.3 Alternate Means. You or the person making use of the Service agree to refrain from using the Service to circumvent any obligation to pay a fee to FareHarbor, e.g., locating a Provider but completing the transaction using means other than the Service.

3. Booking Fee

3.1 Booking Fee. FareHarbor charges, and you agree to pay, a fee for using the Service to obtain (and make payment for) a reservation for Provider’s products or services (“Booking Fee”). The amount of the Booking Fee is clearly displayed in the booking funnel.

3.2 Taxes. The Booking Fee is inclusive of any applicable taxes.

3.3 Collection. The Booking Fee may be collected from you together with the Activity Price.

3.4 International Fees. Additional fees or charges may be imposed by your financial institution for international transactions.

3.5 Partial Refunds. In the event that a Provider refunds a portion of the Activity Price to you, you agree that FareHarbor has the right to retain the full amount of the applicable Booking Fee as consideration for services rendered.

3.6 Full Refunds. Except as otherwise provided for within these Terms, Booking Fees are non-refundable. Notwithstanding the foregoing, FareHarbor may refund Booking Fees at its discretion

3.7 Gift Cards. In the event that a Provider cancels an Activity Contract and provides you with a gift card, gift certificate, or voucher as compensation, you agree that you will only be entitled to reimbursement for an amount equal to the Activity Price, and that FareHarbor has the right to retain the full amount of the Booking Fee as consideration for services rendered.

4. Right to cancel, errors and mistakes

4.1 Accuracy Disclaimer. The information displayed on the Service may contain technical inaccuracies, typographical errors, or other discrepancies including, but not limited to, rates, fees, or availability in connection with your Booking. Because Providers control the information displayed in the Service, FareHarbor cannot and does not endorse the accuracy of such information and makes no warranties or representation of any kind, whether express or implied. You agree that FareHarbor is not responsible for any errors, inaccuracies, or omissions related to information displayed in the Service.

4.2 Correction Rights. You agree that FareHarbor has the right to make any changes, corrections, or cancellations to any errors, inaccuracies, or omissions in the Service (i) if requested to undertake such actions by the Provider, or (ii) if such actions are necessary to correct hardware or software error(s).

4.3 No Warranty. FareHarbor is not responsible for communication failures, errors, difficulties, or other malfunctions, nor is it responsible for any 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 (i) maintenance or repairs, (ii) computer problems, (iii) disruptions in Internet service, or (iv) other unforeseen circumstances.

5. Access and Interference

5.1 Prohibited Uses. You will not: (a) use any robot, spider, scraper or other automated means to access the Service for any commercial purpose without express written permission of FareHarbor or its licensors; (b) take any action that imposes, or may impose in FareHarbor’s sole discretion, an unreasonable or disproportionately large load on our infrastructure; (c) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (d) bypass any measures FareHarbor may use to prevent or restrict access to the Service.

5.2 Access Denial. 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.

6. Intellectual Property Rights

6.1 Limited License. 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. 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.

6.2 Online Content. 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 may not modify any of the materials nor copy, distribute, transmit, display, perform, reproduce, adapt, 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.

6.3 Intellectual Property. 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. You 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.

6.4 Third-Party Websites. From time to time, the Service may contain links to external websites that are not owned, operated, or controlled by FareHarbor or its affiliates. All such links are provided solely as a convenience to you or the person making use of 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 you or the person making use of the Service decide to access any other websites, this person does so entirely at their own risk.

7. Privacy

7.1 Purpose. FareHarbor processes your personal information (e.g . financial data and full name) provided by you for the purposes described in Section 1.5. FareHarbor relies on the legal basis that the processing of your personal information is necessary for entering into and the performance of a contract. If you do not provide us with the required personal information, we are not able to provide you the Service.

7.2 Processing. After providing the Service, your personal information will be shared with the Provider so the Provider can perform the Activity Contract. Your personal information will be processed further by the relevant Provider, in accordance with their own policies. For such processing of personal information, the relevant Provider is responsible as the data controller. Therefore, if you have a request or a complaint regarding the processing of your personal information by the Provider, please contact said Provider directly. In addition, we may share your personal information with third party service providers who assist us in operating our Service, such as payment service providers and web hosting companies.

7.3 Storage. FareHarbor will process your information for as long as our processing purpose and our legitimate interests in documentation and keeping evidence require it or storage is a technical requirement, unless FareHarbor is legally required to keep your personal information, for example in connection with contractual obligations or supervisory and tax obligations. If there are no contrary legal or contractual obligations, we will delete or anonymize your information once the storage or processing period has expired as part of our usual processes.

7.4 Transfers. We may transfer information to countries outside of your country of residence, which may have data protection laws and regulations that differ from those in your country. Any transfers of information originating from within the European Economic Area to countries outside the EEA will be made on the basis of the standard clauses approved by the European Commission, which may be found at the Commission’s website here, without prejudice to FareHarbor’s right to conclude that another justification may also apply.

7.5 Data Rights. You have the rights to access; rectification; erasure; restriction on processing; objection to processing and portability. You can exercise those rights by filling out the Data Request Web Form. You also have the right to lodge a complaint with the competent supervisory authority.

8. Termination

8.1 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 you or the person making use of the Service.

9. Limitation of Liability

9.1 Property Damage. FareHarbor does not assume any responsibility for and is not liable for any damages to computers, equipment or other property of you or 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.

9.2 No Liability. In no event will FareHarbor, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns be liable to you, the person making use of the Service, or 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.

9.3 Remedy. In the event of any problem with the Service, you or the person making use of the Service agrees that their sole remedy is to cease using the Service.

9.4 Provider Liability. In the event of any disputes or disagreements between you and the Provider, you agree (i) that Provider is fully responsible and solely liable for any injuries, losses, or damages arising out of said disputes or disagreements, and (ii) that FareHarbor assumes no responsibility and no liability for any injuries, losses or damages arising out of said disputes or disagreements.

9.5 Limitation of Liability. In no event shall FareHarbor’s total liability to you or 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 ($100).

10. Miscellaneous

10.1 Time to Bring Claims. You agree that any claim or cause of action under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between FareHarbor and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute.

10.2 Severability. If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect.

10.3 Entire Agreement. These Terms of Service and the Privacy Policy together constitute the entire agreement between you and FareHarbor, govern your use of the Service, and supersede any prior understandings or agreements with respect to the same subject matter between you and FareHarbor (written or oral).

10.4 Waiver. FareHarbor’s failure or delay to enforce any rights or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service.

10.5 Governing Law and Forum. These Terms of Service shall be exclusively governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or in connection with these Terms of Service shall exclusively be submitted to and dealt with by the competent court in Amsterdam, the Netherlands. Where applicable, mandatory national consumer protection laws of your country of residence will remain unaffected and you may make a claim in the courts of the country where you reside.