Terms & Conditions
Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Yachpeers Platform, you agree to comply with and be bound by these Terms.
Last Updated: Julne 1, 2021
These Terms constitute a legally binding agreement ("Agreement") between you and Yachtpeers (as defined below) governing your access to and use of the Yachtpeers website, including any subdomains thereof, and any other websites through which Yachtpeers 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, "Yachtpeers Services").
When these Terms mention “Yachtpeers,” “we,” “us,” or “our,” it refers Yachtpeers Holdings Ltd (“Yachtpeers”),Pafos, Cyprus.
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services (as defined below).
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.
Scope of Yachtpeers Services
Eligibility, Using the Yachpeers Platform, Member Verification
Modification of these Terms
Account Registration
Content
Service Fees
Terms specific for Hosts
Terms specific for Guests
Booking Modifications, Cancellations and Refunds, Resolution Center
Ratings and Reviews
Damage to Accommodations, Disputes between Members
Rounding off, Currency conversion
Taxes
Prohibited Activities
Term and Termination, Suspension and other Measures
Disclaimers
Liability
Indemnification
Dispute Resolution
Feedback
Applicable Law and Jurisdiction
General Provisions
1. Scope of Yachtpeers Services
1.1 The Yachpeers 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 Yachpeers 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 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 As the provider of the Yachpeers Platform, Yachtpeers does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is Yachtpeers 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. Yachtpeers is not and does not become a party to or other participant in any contractual relationship between Members, nor is Yachtpeers a real estate broker or insurer. Yachtpeers is not acting as an agent in any capacity for any Member.
1.3 While we may help facilitate the resolution of disputes, Yachtpeers 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. Yachtpeers does not endorse any Member, Listing or Host Services. Any such description is not an endorsement, certification or guarantee by Yachtpeers 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.
1.4 If you choose to use the Yachpeers Platform as a Host or Co-Host (as defined below), your relationship with Yachtpeers is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Yachtpeers 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 Yachtpeers. Yachtpeers 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 that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
1.5 To promote the Yachpeers Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements in accordance with Section 5. To assist Members who speak different languages, Yachtpeers may make automated tools available to enable Members to translate Listings and other Member Content, in whole or in part, into other languages. Members are free to use these tools at their own discretion. Yachtpeers cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations.
1.6 The Yachpeers 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. Yachtpeers 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 Yachtpeers of such Third-Party Services.
1.7 Yachtpeers is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Yachpeers Platform. Yachtpeers may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Yachpeers 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 Yachpeers Platform. Section 17 (Liability) remains unaffected. Yachtpeers may improve, enhance and modify the Yachpeers Platform and introduce new Yachtpeers Services from time to time. Yachtpeers will provide notice to Members of any changes to the Yachpeers Platform, unless such changes are of minor nature without having a material effect on the parties’ contractual obligations.
2. Eligibility, Using the Yachpeers Platform, Member Verification
2.1 In order to access and use the Yachpeers Platform or register an Yachtpeers Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 Yachtpeers may make access to and use of the Yachpeers Platform, or certain areas or features of the Yachpeers 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 Yachpeers Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions,before you can access the relevant areas or features of the Yachpeers Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Yachpeers 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 in the latter terms and conditions.
3. Modification of these Terms
Yachtpeers 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 Yachpeers 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 Yachpeers Platform will constitute acceptance of the revised Terms.
4.1 You must register an account ("Yachtpeers Account") to access and use certain features of the Yachpeers Platform, such as publishing or booking a Listing. If you are registering an Yachtpeers Account for a business, organization 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 an Yachtpeers 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 ("Social Media Account"). You have the ability to disable the connection between your Yachtpeers Account and your SNS Account at any time, by accessing the "Settings" section of the Yachpeers Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Yachtpeers Account and public Yachtpeers Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Yachtpeers Account unless Yachtpeers authorizes you to do so. You may not assign or otherwise transfer your Yachtpeers Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Yachtpeers Account credentials and may not disclose your credentials to any third party. You must immediately notify Yachtpeers 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 Yachtpeers Account. You are liable for any and all activities conducted through your Yachtpeers 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).
4.6 Yachtpeers may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Yachtpeers Account. For example, we may enable Members to link their Yachtpeers Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Yachtpeers to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Yachtpeers may 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 Yachpeers Platform ("Member Content"); and (ii) access and view Member Content and any content that Yachtpeers itself makes available on or through the Yachpeers Platform, including proprietary Yachtpeers content and any content licensed or authorized for use by or through Yachtpeers from a third party ("Yachtpeers Content" and together with Member Content, "Collective Content").
5.2 The Yachpeers Platform, Yachtpeers Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Yachpeers Platform and Yachtpeers Content, including all associated intellectual property rights, are the exclusive property of Yachtpeers 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 Yachpeers Platform, Yachtpeers Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Yachtpeers used on or in connection with the Yachpeers Platform and Yachtpeers Content are trademarks or registered trademarks of Yachtpeers 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 Yachpeers Platform, Yachtpeers 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 Yachpeers 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 Yachtpeers or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Yachtpeers 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 Yachpeers Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By uploading, posting or otherwise making available any Member Content on or through the Yachpeers Platform, you grant to Yachtpeers, as you create, publish or make it available, a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to such Member Content, for the term of the protection of the rights so licensed, 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 Yachpeers Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Yachtpeers 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 You are solely responsible for all Member Content that you make available on or through the Yachpeers 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 Yachpeers Platform or you have all rights, licenses, consents and releases that are necessary to grant to Yachtpeers 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 Yachtpeers's use of the Member Content (or any portion thereof) as contemplated under these Terms 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.
5.7 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 Yachtpeers policy. Yachtpeers may remove or disable access to any Member Content that is in violation of applicable law, these Terms or Yachtpeers’s then-current Policies, or otherwise may be harmful or objectionable to Yachtpeers, its Members, third parties, or property. Where Yachtpeers removes or disables Member Content, Yachtpeers will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (ii) contravene applicable laws. You may appeal such a decision by contacting customer service.
5.8 Yachtpeers respects copyright law and expects its Members to do the same. If you believe that any content on the Yachpeers Platform infringes copyrights you own, please notify us.
6.1 Yachtpeers may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Yachpeers Platform.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Yachtpeers reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to Yachtpeers. The applicable Service Fees (including any applicable Taxes) are collected by Yachtpeers Payments. Yachtpeers Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by Yachtpeers Payments. Except as otherwise provided on the Yachpeers Platform, Service Fees are non-refundable.
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Yachpeers 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 Yachtpeers. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 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.
7.1.3 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.
7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. Yachtpeers reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the Yachpeers 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.
7.1.6 When you accept or have pre-approved a booking request by a 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.
7.1.7 Yachtpeers 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 Yachtpeers, you may not list more than one Accommodation per Listing.
7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing ("Security Deposit"). Hosts are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of the Yachpeers Platform.
7.2.3 Any Listing you post and the booking of, or a Guest's stay at, an Accommodation shall (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).
7.3 Listing Experiences, Events and other Host Services
7.3.1 You agree to these Additional Terms for Experience Hosts (“Experience Host Terms”) when you submit a Listing for an Experience, Event or other Host Service.
7.3.2. To list an Experience, Event or other Host Service, you must create a Listing and submit the Experience, Event or Host Service to Yachtpeers. Yachtpeers reserves the right to decide, in its sole discretion, whether a submitted Experience, Event or other Host Service will be published on the Yachtpeers Platform. Once published, an Experience, Event or other Host Service may be removed pursuant to the removal provisions below or pursuant to any applicable removal provision in the Yachtpeers Terms of Service.
7.3.3 When listing an Experience, Event or other Host Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Experience, Event or other Host Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience, Event or other Host Service (including dress codes, equipment, special certifications or licenses, etc.).
7.3.4 Once your Experience, Event or other Host Service is published on the Yachtpeers platform, you will have the ability to add dates and times when you offer your Experience through the Yachtpeers Platform. By making your Experience, Event or other Host Service available for a particular date and time on the Yachtpeers Platform (an “Instance”), you agree that only people who book through Yachtpeers can attend that Instance of the Experience, Event or other Host Service. You further agree that you will not allow people to attend any Instance of your Experience, Event or other Host Service available on the Yachtpeers Platform unless that person booked through Yachtpeers (or was added as an additional Guest for a spot booked through the Yachtpeers Platform).
7.3.5. Hosts alone are responsible for the Experiences, Events, or other Host Services that they submit, list and provide. Yachtpeers merely provides the Yachtpeers Services and is not itself an operator or provider of tours, activities, travel services, Experiences, Events or other Host Services. Yachtpeers does not own, sell, resell, furnish, provide, manage and/or control any such Experiences, Events or other Host Services. Yachtpeers’s responsibilities are limited to making the Listings for Experiences, Events or other Host Services available through the Yachtpeers Platform.
7.3.6 You are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to host your Experience, Event or other Host Service. You are solely responsible for ensuring that the Equipment used in your Experience, Event or other Host Service is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.
7.3.7 Additional Experience Host Responsibilities. You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Experience, Event or other Host Service(s), (ii) obtaining any required licenses, permits, or registrations prior to providing your Experience, Event or other Host Service(s); and (iii) ensuring that your Listing and/or Hosting of an Experience, Event, or other Host Service(s) will not breach any agreement you may have with any third party. You can find additional information about some of the legal obligations that may apply to you on our Responsible Hosting pages.
7.3.8. You must provide your Experience, Event or other Host Service in person and may not allow any third party to provide the Experience, Event or other Host Service on your behalf, unless authorized by Yachtpeers. Section 7.4 of the Yachtpeers Terms of Service provides additional terms regarding co-hosting.
7.3.9. Severability. If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
7.3.10. Updates to these Experience Host Terms. We reserve the right to update, modify or discontinue the Experience Host Terms, at any time. If we modify the Experience Host Terms, we will give you notice and post the modification on the Yachtpeers Site, Application, or Services. By continuing to access or use the Services after the modified Experience Host Terms becomes effective, you are indicating that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your recourse is to stop using the Services.
7.3.11. Survival. Unless you reside in Germany, if you or we terminate the Experience Host Terms, the clauses of these Experience Host Terms that reasonably should survive termination of the Experience Host Terms will remain in effect. When the Experience Host Terms are terminated, you are not entitled to a restoration of your account (if your account is cancelled) or of the Member Content.
7.4.1 Yachtpeers may enable Hosts to authorize other Members (“Co-Hosts”) to administer the Host’s Listing(s), and to bind the Host and take certain actions in relation to the Listing(s) as permitted by the Host, such as accepting booking requests, messaging and welcoming Guests, and updating the Listing Fee and calendar availability (collectively, “Co-Host Services”). Any agreement formed between Host and Co-Host may not conflict with these Terms, the Payments Terms, or any other Policiesapplicable to your Host Service(s). Co-Hosts may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Yachtpeers. Yachtpeers reserves the right, in our sole discretion, to limit the number of Co-Hosts a Host may invite for each Listing and to limit the number of Listings a Co-Host may manage.
7.4.2 Hosts should exercise due diligence and care when deciding who to add as a Co-Host to their Listing(s). Hosts are responsible and liable for any and all Listings and Member Content published on the Yachpeers Platform created by a Co-Host on their behalf. Further, Hosts remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Host(s). Co-Hosts remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Host, including, but not limited to, conduct that causes harm or damage to the Host. In addition, both Host and Co-Host are jointly responsible and severally liable for third party claims, including Guest claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Guests, and the provision of any Co-Host Services.
7.4.3 Unless agreed otherwise by Host and Co-Host, Host and Co-Host may terminate the Co-Host agreement at any time. In addition, both Host and Co-Host acknowledge that their Co-hosting relationship will terminate in the event that Yachtpeers (i) terminates the Co-Host service or (ii) terminates either party’s participation in the Co-Host service. When the Co-Host agreement is terminated, the Host will remain responsible for all of the Co-Host’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination, except in the event of gross misconduct or malicious behavior of the Co-Host. When a Member is removed as a Co-Host, that Member will no longer have access to any Host or Guest information related to the applicable Host’s Listing(s).
7.4.4 As a Co-Host, you will not be reviewed by Guests, meaning that your Co-Host activities will not affect your Reviews or Ratings for other Listings for which you are a Host. Instead, the Host of such Listing(s) will be reviewed by Guests (including potentially on the basis of the Co-Host’s conduct and performance). Hosts acknowledge that Reviews and Ratings from Guests for their Listing(s) may be impacted by a Co-Host’s conduct and performance.
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Yachtpeers and/or the Host, you can book a Listing available on the Yachpeers Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee 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 Yachtpeers Account.
8.1.2 Upon receipt of a booking confirmation from Yachtpeers, 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. Yachtpeers Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation.
8.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any 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 Experiences, Events and other Host Services
8.2.1 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.
8.2.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.
8.2.3 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 Yachpeers Platform.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the Yachpeers Platform or direct Yachtpeers customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest 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 set by the Host, and Yachtpeers 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.
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. In some instances, Yachtpeers may allow the Guest to apply the refund to a new booking, in which case Yachtpeers Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, Yachtpeers may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, Yachtpeers 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 Yachtpeers’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.
9.4 For Experiences, Events and other Host Services, if weather poses a safety risk to Guests, or if it prevents a Host from carrying out a Host Service that takes place primarily outdoors, Hosts may cancel the Host Service. Hosts may also cancel the Host Service if other conditions exist that would prevent the Host from offering the Host Service safely.
9.5 In certain circumstances, Yachtpeers may cancel a pending or confirmed booking on behalf of a Host or Guest and initiate corresponding refunds and payouts. This may be for reasons set forth in Yachtpeers's Extenuating Circumstances Policy or for the reasons set out in Section 15 of these Terms. Where Yachtpeers cancels a booking, Yachtpeers will, notify Members and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal a cancellation by contacting customer service.
9.6 If a Guest who books an Accommodation suffers a Travel Issue as defined in the Guest Refund Policy, Yachtpeers may determine to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy. If a Guest who books an Experience, Event or other Host Service suffers a Travel Issue as defined in the Experiences Guest Refund Policy, Yachtpeers may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Experiences Guest Refund Policy.
9.7 If a Guest or Yachtpeers cancels a confirmed booking, and the Guest receives a refund in accordance with the Guest Refund Policy, Experiences Guest Refund Policy, Extenuating Circumstances Policy, or the applicable cancellation policy set by the Host and mentioned in the Listing, after the Host has already been paid, Yachtpeers Payments will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future Payouts due to the Host.
9.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Host Services, Co-Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Yachtpeers Account, and Yachtpeers Payments will handle all such payments.
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 Yachtpeers. Ratings and Reviews are not verified by Yachtpeers 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 Yachtpeers’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 Yachpeers 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.
11. Damage to Accommodations, Disputes between Members
11.1 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 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).
11.2 If a Host claims and provides evidence that you as a Guest have culpably damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to Yachtpeers, you will be given an opportunity to respond. If you agree to pay the Host, or Yachtpeers determines under consideration of any applicable statutory rules on the burden of proof that you are responsible for the Damage Claim, Yachtpeers via Yachtpeers Payments will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Yachtpeers also reserves the right to otherwise collect payment from you and pursue any remedies available to Yachtpeers in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts. You may appeal a decision taken by Yachtpeers on the basis of this Section 11.2 by contacting customer support. Any decisions made by Yachtpeers in relation to a Damage Claim do not affect your contractual or statutory rights. Your right to take legal action before a court of law remains unaffected.
11.3 Members agree to cooperate with and assist Yachtpeers in good faith, and to provide Yachtpeers with such information and take such actions as may be reasonably requested by Yachtpeers, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Yachtpeers Host Guarantee), (ii) Experiences, (iii) Co-Host agreements, or (iv) a Group Payment Booking. A Member shall, upon Yachtpeers's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Yachtpeers or a third party selected by Yachtpeers or its insurer, with respect to losses for which a Member is requesting payment from Yachtpeers (including but not limited to payments under the Yachtpeers Host Guarantee). Members are entitled to terminate their participation in the mediation or similar resolution process at any time. A Member’s right to take legal action before a court of law remains unaffected.
Yachtpeers 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 Yachtpeers’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Yachtpeers may, in its sole discretion, round up or round down the displayed 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, Yachtpeers may round up an amount of 101.60€ to 102.00€, and round down an amount of 101.42€ 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 the required documentation under applicable law (e.g. a tax number) to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law 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").
13.4 In certain jurisdictions, Yachtpeers may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance with these Terms ("Collection and Remittance") if such jurisdiction asserts Yachtpeers or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Yachtpeers (via Yachtpeers Payments) to collect Occupancy Taxes from Guests on the Host's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. In other jurisdictions Yachtpeers may decide in its sole discretion to collect Occupancy Taxes and remit such Taxes to eligible and qualifying Hosts, based on tax information supplied by the Host, for ultimate reporting and remittance by such Host to the Tax Authority (“Pass-Through Tax Feature”). Such Hosts using the Pass-Through Tax Feature will be solely responsible for informing Yachtpeers about the correct Occupancy Tax amount to be collected from the Guest in accordance with applicable law and directly remitting the Occupancy Taxes to the relevant Tax Authority. Yachtpeers does not assume any liability for the failure of a participating Host to comply with any applicable tax reporting or remittance obligations.The amount of Occupancy Taxes, if any, collected and remitted by Yachtpeers will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where Yachtpeers is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by Yachtpeers relating to their Accommodations in that jurisdiction.
13.5 Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Yachtpeers from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.6 Yachtpeers reserves the right, with prior notice to Hosts, to cease the Collection and Remittance in any jurisdiction for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.
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 Yachpeers Platform. In connection with your use of the Yachpeers 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 or Standards;
use the Yachpeers 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 Yachtpeers endorsement, partnership or otherwise misleads others as to your affiliation with Yachtpeers;
copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Yachpeers Platform in any way that is inconsistent with Yachtpeers’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
use the Yachpeers 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 Yachpeers Platform;
unless Yachtpeers 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 Yachpeers 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 Yachpeers Platform to request, make or accept a booking independent of the Yachpeers Platform, to circumvent any Service Fees or for any other reason;
request, accept or make any payment for Listing Fees outside of the Yachpeers Platform or Yachtpeers Payments. If you do so, you: (i) accept all risks and responsibility for such payment, and (ii) hold Yachtpeers 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 Yachtpeers Open Homes program;
use, display, mirror or frame the Yachpeers Platform or Collective Content, or any individual element within the Yachpeers Platform, Yachtpeers's name, any Yachtpeers trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Yachpeers Platform, without Yachtpeers's express written consent;
dilute, tarnish or otherwise harm the Yachtpeers brand in any way, including through unauthorized use of Collective Content, registering and/or using Yachtpeers 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 Yachtpeers 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 Yachpeers Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Yachtpeers or any of Yachtpeers's providers or any other third party to protect the Yachpeers Platform;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Yachpeers Platform;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Yachpeers 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 Yachtpeers has no general obligation to monitor Member Content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any Member Content, in order to (i) operate, secure and improve the security of the Yachpeers 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 Yachtpeers in good faith, and to provide Yachtpeers with such information and take such actions as may be reasonably requested by Yachtpeers with respect to any investigation undertaken by Yachtpeers or a representative of Yachtpeers regarding the use or abuse of the Yachpeers 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 Yachtpeers 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. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective until such time when you or Yachtpeers 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 Yachtpeers Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Yachtpeers 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 Without limiting our rights specified below, Yachtpeers 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 Yachtpeers may immediately, without notice, terminate this Agreement and/or stop providing access to the Yachpeers Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of Yachtpeers, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, Yachtpeers 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 or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Yachtpeers 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 Yachtpeers 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) such action is necessary to protect the personal safety or property of Yachtpeers, 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 Yachpeers Platform;
temporarily or permanently revoke any special status associated with your Yachtpeers Account;
temporarily or in case of severe or repeated offenses permanently suspend your Yachtpeers Account and stop providing access to the Yachpeers Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Yachtpeers and an opportunity to resolve the issue to Yachtpeers'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 Yachtpeers Account or any of your Member Content. If your access to or use of the Yachpeers Platform has been limited or your Yachtpeers Account has been suspended or this Agreement has been terminated by us, you may not register a new Yachtpeers Account or access and use the Yachpeers Platform through an Yachtpeers Account of another Member.
15.8 If Yachtpeers takes any of the measures described in this Section 15 you may appeal such a decision by contacting our customer service.
Yachtpeers 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. Yachtpeers is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Yachtpeers in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Yachtpeers is excluded.
To the maximum extent permitted by applicable law, you agree to release, defend (at Yachtpeers’s option), indemnify, and hold Yachtpeers and its affiliates and subsidiaries, including but not limited to, Yachtpeers Payments, and 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 or Standards, (ii) your improper use of the Yachpeers Platform or any Yachtpeers Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host Service, participation in the Group Payment 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. The indemnification obligation according to this Section 17 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
18. Applicable Law and Jurisdiction
These Terms are governed by and construed in accordance with Estonian Law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Estonian Law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Yachtpeers's place of business in Ireland. If Yachtpeers 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. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
19.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Yachtpeers and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Yachtpeers and you in relation to the access to and use of the Yachpeers Platform.
19.2 No joint venture, partnership, employment, or agency relationship exists between you and Yachtpeers as a result of this Agreement or your use of the Yachpeers Platform.
19.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
19.4 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.
19.5 Yachtpeers’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 to 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.
19.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Yachtpeers's prior written consent. Yachtpeers 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.
19.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Yachtpeers via email, Yachpeers Platform notification, or messaging service (including SMS.
19.8 If you have any questions about these Terms please email us.
20. Experiences Guest Refund Policy.
20.1 This Experiences Guest Refund Policy governs Yachtpeers’s policy for Guest refunds and the Host obligations associated with this Policy. By using the Yachtpeers Platform as an Experience Host or Guest, you are indicating that you have read and that you understand and agree to be bound by this Experiences Guest Refund Policy.
20.2 Eligible Travel Issues and Refund Policy. The following situations are “Travel Issues” that are eligible for a refund under the Experiences Guest Refund Policy:
The Host fails to carry out the booked Experience or arrives more than 60 minutes past the stated start time, causing the Guest to abandon the Experience.
The Host makes significant changes to the Experience after booking.
The Experience contains a safety or health hazard that would be reasonably expected to adversely affect the Guest’s participation in the Experience.
For Experiences that take place online, the guest cannot attend or a host cannot lead the Experience because of technical difficulties, including audio or visual issues.
If Yachtpeers determines that a Guest experienced a Travel Issue, Yachtpeers will, at its discretion, provide the Guest with a refund up to a maximum of the Total Fees the Guest paid for the Experience in accordance with this Policy. The amount of any refund will depend on the nature of the Travel Issue suffered.
20.3 Minimum Quality Standards, Host Responsibilities, and Reimbursement to Guest
As a Host, you are responsible for ensuring that the Experience you list on the Yachtpeers Platform meets Yachtpeers’s Experiences Platform Standards and does not present a Guest with Travel Issues. Before and during the Experience, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve any Guest issues.
If (i) Yachtpeers determines that a Guest has suffered a Travel Issue related to your Experience and (ii) Yachtpeers reimburses that Guest (up to their Total Fees), you agree to reimburse Yachtpeers up to the amount paid by Yachtpeers within 30 days of Yachtpeers’s request.
As a Host, you understand that the rights of Guests under this Experiences Guest Refund Policy will supersede the Experiences Cancellation Policy. If you dispute the Travel Issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim.
20.4 General Provisions
This Experiences Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Experiences Guest Refund Policy. The benefits provided under this Experiences Guest Refund Policy are not assignable or transferable by a Guest. All determinations of Yachtpeers with respect to the Experiences Guest Refund Policy shall be at Yachtpeers’s discretion, and final and binding on the Guests and Hosts. Yachtpeers reserves the right to modify or terminate this Experiences Guest Refund Policy, at any time, in its sole discretion. If Yachtpeers modifies this Experiences Guest Refund Policy, we will post the modification on the Yachtpeers Platform (including the Yachtpeers Help Center) or provide you with notice of the modification. Yachtpeers will continue to process all claims for Travel Issues made prior to the effective date of the modification.
