WildAWay – Terms of Service
Please read these terms of service carefully as they contain important information regarding your legal rights, remedies and obligations.
If you are using the Site, Application or Services (as defined below), you are contracting with WildAWay Ltd (hereafter WAW, a company incorporated in Ireland with its place of business at Aughacasla North, Castlegregory, Ireland.
WAW provides services of an online marketplace and platform that connects Hosts (as defined below) with Travelers (as defined below) seeking information on and/or to book Host Experiences (as defined below) including, but not limited to, activities, tours, adventures and special deals (collectively, the “Services”), which Services are accessible at https://www.wildaway.ie (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”). These Terms govern your access to and use of the Site, Application and Services and all Collective Content (as defined below), and constitute a binding legal agreement between you and WAW.
You acknowledge and agree that, by accessing or using the site, application or services, or by downloading or posting any content from or on the site, you are indicating that you have read, and that you understand and agree to be bound by these terms.
The Site, Application, and Services comprise an online platform through which Hosts (as defined below) may create Listings (as defined below) relating to the Experiences (as defined below) and Travelers (as defined below) may learn and book these Experiences directly with the Host through Services. You understand and agree that WAW is not a party to any agreement entered into between Hosts and Travelers. WAW has no control over the conduct of the Hosts and the Travelers and disclaims all liability in this regard to the maximum extent permitted by the Irish law.
IMPORTANT: WAW responsibilities are limited to: (i) facilitating the availability of the site, application and services; and (ii) serving as the limited payment collection agent of each host for the purpose of accepting payments from travelers on behalf of the host.
1. KEY TERMS
- “WAW Content ” means all Content that WAW makes available through the Site, Application, or Services.
- “Collective Content” means Member Content and WAW Content.
- “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
- “Experience” means a service provided by a Host and represented by its Listing that is categorized on Site and Application. Experiences include but not limited to activities, tours, adventures, special deals and offers, courses, events, and rentals. Categories of accepted Experiences can be found on Site’s and Application’s home pages under Themes description.
- “Host” means a Member who creates a Listing via the Site, Application, and Services, undertaking all liability with respect to the contents in each Listing. The Hosts include, but not limited to, independent activity providers, tour operators, hotels and other local service providers. WAW approves only qualified Hosts following the strict guidance.
- “Listing” means an Experience that is listed by a Host for information purposes and/or as available for booking via the Site, Application, and Services.
- “Member” means a person who completes WAWs’ account registration process on the Site as a Host and/or Traveler.
- “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
- “Traveler” means a user without WAW account seeking access to data, information, points of interest, activities, tours, special deals and other Experiences via the Site, Application or Services; or a Member who books an Experience from Host via the Site, Application or Services.
WAW reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on this page and will indicate at the top of this page the date when these terms were last revised. By continuing to access or use the Site, Application or Services after we have posted a modification on this page, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application, and Services.
The Site, Application, and Services are intended solely for persons who are 18 or older (or in any case subjects with “legal capacity to act” according to the rules of their country of reference). Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older or that you are a subject with legal capacity to act.
4. HOW THE SITE, APPLICATION AND SERVICES WORK
The Site, Application, and Services can be used to facilitate the listing and booking of Experiences. Such Services related to the booking of Experiences are included in Listings on the Site, Application, and Services by the Hosts. You may view Listings as an unregistered visitor to the Site, Application, and Services; however, if you wish to book an Experience, you must first register to create a WAW Account (defined below).
As stated above, WAW makes available an online platform with related technology for Travelers and Hosts to meet online and arrange for booking of Experiences directly with each other. WAW is not an owner or operator of Experiences, and WAW does own, sell, resell, provide, rent, manage, and/or control Experiences. Please note that, as stated above, the Site, Application, and Services are intended to be used to facilitate Hosts and Travelers connecting and booking experiences directly with each other. Unless explicitly specified otherwise in the WAW platform, WAWs’ responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services, and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Travelers on behalf of the Host.
Please note that WAW cannot and does not control the content contained in any listings and the condition, legality or suitability of any Experience. WAW is not responsible for and disclaims any and all liability related to any and all listings and experiences. Accordingly, any booking will be made at the Traveler’s own risk.
5. ACCOUNT REGISTRATION
In order to access certain features of the Site and Application, and to book an Experience, you must register to create an account (” WAW Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third-Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application, and Services, you may link your WAW Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to WAW through the Site, Services or Application; or (ii) allowing WAW to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account.
6. LISTING OF EXPERIENCE
As a Host, you may create Listings. To create a Listing, you will be asked a variety of questions about the Experience to be listed, including, but not limited to, the location, theme of experience, category of experience, price, availability of experience, duration, languages your experience is available in, relevant inclusions, booking requirements and cancellation terms. Once approved by WAW, Listings will be made publicly available via the Site, Application, and Services. You understand and agree that the placement of ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Traveler and Host preferences, Traveler reviews, WAW proprietary rating algorithms based on number of views, bookings and wish- lists, as well as ease of booking. Other Members will be able to book your Experience via the Site, Application, and Services based upon the information provided in your Listing.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you present and warrant that any Listing you post and the booking of, or a Traveler’s participation in, and Experience in a Listing you post (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Experience included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.
Please note that WAW assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. WAW reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that WAW, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or WAW then-current policies and guidelines, or otherwise harmful to the Site, Application or Services.
If you choose to create a Listing on WAW, you understand and agree that your relationship with WAW is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of WAW for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of WAW. WAW does not control, and has no right to control, your Listing, your offline activities associated with your Listing, or any other matters related to any Listing, that you provide. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of WAW, including by inappropriately using any WAW intellectual property.
7. BOOKINGS AND FINANCIAL TERMS
A. Key Definitions:
- “Booking Request Period” means the time period starting from the time when a booking is requested by a Traveler (as determined by WAW in its sole discretion), within which a Host may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services.
- “Experience Fee” means the amounts that are due and payable by a Traveler in exchange for that Traveler’s participation in and use of an Experience. The Host alone, and not WAW, is responsible for the Experience Fee for his or her Listing. The Host may in his or her sole discretion decide to include in these amounts (i) a pickup fee or any other fee stated in the Listing’s inclusions, or (ii) Taxes that the Host determines that he or she has to collect.
Host Fees” means the fee that WAW charges a Host for the use of the Services, which is calculated as a percentage of the applicable Experience Fees. The Host Fees are displayed in Host’s WAW Account page.
- “Total Fees” means collectively the Experience Fees plus any Taxes.
- “Payment Method” means a payment method that you have added to your WAW Account, such as a credit or debit card (where available).
- “Payout Method” means a payout method that you have added to your WAW Account, such as direct deposit, a prepaid card or a debit card (where available).
- ”Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), tourist or other visitor taxes, fees that may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
B. Bookings and Financial Terms for Hosts.
If you are a Host and a booking is requested for your Experience via the Site, Application or Services, you will be required to either pre-approve, confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, WAW will share with you (i) the first and last name of the Traveler who has requested the booking, (ii) a link to the Traveler’s WAW Account profile page, and (iii) if the Traveler and Host have both connected their WAW accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by WAW for the requested booking will be refunded to the applicable Traveler. When you confirm a booking requested by a Traveler, WAW will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
Payment processing services for WAW are powered by PayPal (” PayPal”) and are subject to the PayPal Terms and Conditions (” PayPal Terms”). By agreeing to these Terms or continuing to operate as a Host on WAW, you agree to be bound by the PayPal Terms, as the same may be modified by PayPal from time to time. As a condition of WAW enabling payment processing services through Paypal, you agree to provide WAW accurate and complete information about you and your business, and you authorize WAW to share it and transaction information related to your use of the payment processing services provided by Paypal.
Each Host hereby appoints WAW as the Host’s limited payment collection agent solely for the purpose of accepting the Experience Fees from Travelers. Each Host agrees that payment made by a Traveler through the Site, Application, and Services shall be considered the same as a payment made directly to the Host, and the Host will make the Experience available to the Traveler in the agreed-upon manner as if the Host has received the Experience Fees. Each Host understands that WAW accepts payments from Travelers as the Host’s limited payment collection agent and that WAWs’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Travelers. WAW does not guarantee payments to Hosts for amounts that have not been successfully received by WAW from Travelers. In accepting appointment as the limited collection agent of the Host, WAW assumes no liability for any acts or omissions of the Host.
WAW will collect the Total Fees from Travelers at the time of the booking request or upon the Host’s confirmation. WAW will initiate a bank transfer of the Experience Fees ( less Host Fees and any Taxes in respect of the Host Fees) to the bank account of the Host that is specified in your WAW Account under Payout Method. In most cases within 7 days (or earlier) after completion of scheduled Experience by the Traveler (except to the extent that a refund is due to the Traveler).
Each Host agrees that WAW may, in accordance with the Cancellation Policy selected by the Host and reflected in the relevant Listing, (i) permit the Traveler to cancel the booking and (ii) refund to the Traveler that portion of the Experience Fee specified in the applicable cancellation policy.
C. Bookings and Financial Terms for Travelers
The Hosts, not WAW, are solely responsible for honoring any confirmed bookings and making available any Experiences reserved through the Site, Application, and Services. If you, as a Traveler, choose to enter into a transaction with a Host for the booking of an Experience, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Experience imposed by the Host. You acknowledge and agree that you, and not WAW, will be responsible for performing the obligations of any such agreements, that WAW is not a party to such agreements, and that, with the exception of WAW payments’ obligations, WAW (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
The Total Fees payable will be displayed to a Traveler before the Traveler sends a booking request to a Host. As noted above, the Host is required to either pre-approve, confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically canceled. Upon receipt of your booking request, WAW may initiate a pre- authorization and/or charge the full amount of the Total Fees to your Payment Method. If a requested booking is canceled (i.e. not confirmed by the applicable Host), any amounts collected by WAW will be refunded to such Traveler, depending on the selections the Traveler makes via the Site and Application, and any pre-authorization of such Traveler’s Payment Method will be released, if applicable.
You as a Traveler agree to pay the Total Fees for any booking requested, and in most cases confirmed, in connection with your Footloos Account.
Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
D. Host Fees
In consideration for the use of WAW online marketplace and platform, WAW charges Host Fees. WAW deducts the Host Fees from the Experience Fees before remitting the balance to the Host as described in Section B above. Host Fee depends on the price of the Experience. Host decides on the price of Experience when creating the Listing via the Site and Application.
More information on any such costs or deductions will be available via the Site and Application in your WAW Account profile page. Please note that WAW does not charge fees for the creation of Listings.
E. Booking Modifications
You as a Traveler or Host are responsible for any modifications to a booking that you direct WAW Customer Service to make, and you agree to pay any Experience Fees, Traveler Fees, Host Fees, Services Fees, and/or Taxes associated with such booking modifications.
8. CANCELLATIONS AND REFUNDS
If, as a Traveler, you wish to cancel a confirmed booking made via the Site, Application, and Services, either prior to or after arriving at the Experience, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Experience Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.
If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) WAW will refund the Total Fees for such booking to the applicable Traveler and (ii) the Traveler will receive an email or other communication from WAW contai