Terms of Service for Customers

Effective September 1, 2025.

FOR U.S. CUSTOMERS ONLY: PLEASE BE AWARE THAT SECTION 10 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND FAREHARBOR (THE “ARBITRATION AGREEMENT”).  AMONG OTHER THINGS, SECTION 10 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION.  SECTION 10 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.  PLEASE READ SECTION 10 CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS, YOU: (1) WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) IRREVOCABLY WAIVE YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

Table of Contents

  1. Relationship between you, the Provider, and FareHarbor
  2. Conditions for making use of the Service
  3. Booking Fee
  4. Right to cancel, errors and mistakes
  5. Access and Interference
  6. Intellectual Property Rights
  7. Privacy
  8. Termination
  9. Limitation of Liability
  10. Arbitration Agreement
  11. 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 THESE TERMS OF SERVICE 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, reservation or purchase, you confirm that you have read, understand, and agree to be bound by these Terms of Service, along with any other terms that you are provided with or directed to 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 (a) exercise any control or authority over Provider, its employees, agents, or representatives; (b) own, sell, furnish, provide, rent, manage, or control the Provider’s products and services; or, (c) 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 (a) facilitating all payments for Bookings made using the Service, (b) 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 (c) 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; (c) you are a private consumer which, as opposed to a business, is a natural person who enters into a legal transaction for purposes which are predominantly outside its commercial and/or self-employed activities; and, (d) 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”). This may include either (a) Bookings you make online via our Online Booking System (referred to as “Online Direct”) or (b) Bookings made in person via the Provider and subsequently the respective Provider’s use of our Online Booking System (referred to as “Offline Direct”.) 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.  

3.8 OSS Scheme. pursuant to applicable EU regulations (specifically, Council Implementing Regulation (EU) No 282/2011, Article 242a), FareHarbor is not legally required to issue an invoice for services to customers where VAT is declared via the OSS system.

3.9 No Invoices. FareHarbor does not issue tax invoices for Bookings made through the Service. For your reference, a confirmation of your Booking and payment will be provided via email after the transaction is completed. This confirmation serves as proof of payment but is not a formal VAT or tax invoice. Please retain this confirmation for your records.

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 (a) if requested to undertake such actions by the Provider, or (b) 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 (a) maintenance or repairs, (b) computer problems, (c) disruptions in Internet service, or (d) 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. full name, email address, phone number and financial information) solely on behalf of the Provider, who acts as the data controller. As the data processor, FareHarbor carries out this processing only under the instructions and authority of the Provider,  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 PSP 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. As a data processor, FareHarbor does not independently provide you with rights to access, rectify, erase, or port your personal information unless explicitly instructed to do so by the Provider. To exercise any rights regarding your personal data, you must contact the relevant Provider directly.

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. Arbitration Agreement

IF YOU ARE A U.S. RESIDENT READ THIS SECTION CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS.

10.1 Applicability of Arbitration Agreement.

    • IF YOU RESIDE IN THE UNITED STATES, YOU AND FAREHARBOR AGREE THAT ANY DISAGREEMENT, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF THE SERVICE OR THESE TERMS OF SERVICE SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION, administered by National Arbitration & Mediation (“NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure, including the Mass Filing Supplemental Dispute Resolution Rules and Procedures (collectively, the “NAM Rules”) in effect at the time of arbitration. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.
    • If you do not reside in the United States, Section 10 does not apply to you.

10.2 Waivers.

    • Class and Other Non-Individualized Relief. YOU AND FAREHARBOR MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
    • Jury Trial. YOU AND FAREHARBOR BOTH EXPRESSLY WAIVE THE RIGHT TO FILE A CLAIM IN COURT AND WAIVE ANY RIGHT TO A JURY TRIAL.

10.3 Exceptions. Notwithstanding the foregoing, you and FareHarbor agree that either party may (a) assert claims in small claims court, if such claims qualify, or (b) bring suit in court to enjoin infringement or other misuse of intellectual property rights.

10.4 Process. Before seeking arbitration, you must first send a written notice of your dispute or claim to notices@fareharbor.com to allow FareHarbor the opportunity to resolve your dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days. You may choose to have the arbitration conducted by telephone, based on written submission, or in person. Any in person arbitration shall be brought and held in New York, New York.

10.5 Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of New York and will be selected by the parties from NAM’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days after receipt of the roster from NAM, then NAM will appoint the arbitrator in accordance with NAM Rules.

10.6 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. The arbitrator shall have the authority to grant motions dispositive of all or part of any dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

10.7 Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the dispute or the relief sought was frivolous or was brought for an improper purpose, in which case the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration costs and arbitrators’ fees the responding party incurred.

10.8 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: notices@fareharbor.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your FareHarbor account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed, and has no effect on any arbitration agreements with us you may enter in the future.

11. Miscellaneous

11.1 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.

11.2 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.

11.3 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).

11.4 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.

11.5 Governing Law. These Terms of Service shall be exclusively governed by and construed in accordance with the laws of the Netherlands. Except as provided in Section 10:

    • 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; and
    • 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.