Terminology applicable to these specific Terms and Conditions, as well as any and all Agreements based thereupon, is as follows:- “The Customer”, “Member”, “Your” and “You” refers directly to you, as the individual making use of this website, booking a guide, and the individual who accepts these Terms and Conditions.
www.cleverbreak.com shall henceforth be referred to as “Company”, “Website”, “Us” and “We”. The purpose of this document is to outline and govern the relationship between you (guest or guide) and us. Your use of and access to this website, as well as the services it offers is subject to the notices, terms and conditions detailed below (known collectively as the “Terms of Service”). The users understand that we are a platform where guests and guides meet and book the services; we are not liable for the communication or meetings that happen between them.
Scope of Cleverbreak Services
Booking Experience, Tour or other Event Service
Your presence on and use of this website is your statement and confirmation that you are minimum 18 years of age, and have never previously been blocked, banned or suspended from the Site. You additionally state and confirm that:- (1) the information submitted by you while creating your account (or booking the service) is 100% accurate; (2) you will maintain the accuracy of the information, and will notify us as soon as you change the information; or (3) you will not violate the policies and regulations listed in the agreement. You confirm that if your country’s laws prohibit your use of this site under these Terms, you will not use it.
As a user (guest), you are able to find a guide/experience and send a booking request. The money will be deposited in our Escrow account. In case a guide declines the booking request, you will receive a full refund. You understand that the credit/debit card you use to pay is 100% legit and genuine. We strictly prohibit the fraudulent financial transactions.
As a guide, it is your responsibility to provide professional services to guests. The guests are allowed to post a review of your services. In the event you suspect that a user has posted a false feedback or used inappropriate language, please inform us and we will investigate the situation. We are not liable to remove negative feedbacks in case their experience is genuine. However we do not allow the use of inappropriate language.
In case a dispute arises between a guest and a local guide, please contact us immediately so that we can analyze the situation based on the conversations and other evidences provided by either party. Both parties agree that the decision taken by our team will be considered final. If the guide fails to show up at the meeting point, we reserve the rights to release full amount back to the guest. Similarly, if the guest does not show up, we reserve the rights to keep the full amount.
Both the parties must arrive on time, and in case the guest is late, the guide has no obligation to stay over the agreed time and he will own the funds. If the guide is late, the guest reserves the rights to ask for additional time or we will pay them the amount based on that time out of the guides balance held from the escrow account.
Cancellations and Refunds
Ratings and Reviews
Use of the Website
When you make use of the Website, you take full responsibility for your own actions and conduct, including the creation of any content with the assistance of the Website. By making use of our Website, you acknowledge and agree to be bound by the following terms:
Cleverbreak Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the Cleverbreak Platform.
If you choose to use the Cleverbreak Platform or Collective Content, you do so voluntarily and at your sole risk. The Cleverbreak Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Cleverbreak Services, laws, rules, or regulations that may be applicable to your Tours you are receiving and that you are not relying upon any statement of law or fact made by Cleverbreak relating to a Tour.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Experience, Tour or other Event Service, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Guides Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Tour Services. You assume full responsibility for the choices you make before, during and after your participation in a Tour Service or the Group Payment Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Tour Service and to the maximum extent permitted by law, you agree to release and hold harmless Cleverbreak from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Tour Service or in any way related to your Tour Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Cleverbreak Platform and Collective Content, your publishing or booking of any Tour via the Cleverbreak Platform, your participation in any Experience, Tour or other Event Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Cleverbreak nor any other party involved in creating, producing, or delivering the Cleverbreak Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Cleverbreak Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Cleverbreak Platform, or (iv) from your publishing or booking of a Tour, including the provision or use of a Tour’s Tour Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Cleverbreak has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Our Website, along with its design and images, writings, templates, text, graphics, scripts, features, logos or trademarks contained within (termed as “Trademarks”) are all licensed to or owned by us,. We reserve all rights in and to the website, including those not expressly granted. You agree that you shall not engage in the usage, distribution or copying of any contents or components of the Website without our express permission, in writing. We reserve the rights to use the photos, videos, and other media or text uploaded to cleverbreak.com.
All the content displayed by this website is not covered by any warranty, conditions or guarantee regarding its accuracy. Unless express statement is provided to the contrary, and to the maximum degree that the law permits, www.cleverbreak.com and all associated content providers, advertisers and suppliers hereby expressly and completely exclude without limitation all warranties, conditions and/or other terms that might otherwise be implied by the legislation, or the regulations of equity, and disclaim liabilities for damages, including but not limited to indirect, direct, consequential, special, incidental or punitive damages, damages for loss of profit, loss of data, loss of use or other intangibles, damages to reputation or goodwill, procurement cost for alternative services or goods necessitated by or related to the inability to use, use of, failures or other performance of this website or any Linked Sites and material posted thereupon, regardless of whether any such damages were foreseeable or arose in equity, tort, contract, restitution, at common law, by statute or otherwise. The users understand that we are not responsible for any activity that happens at the meeting point, the communication that occurs between both the parties, etc. Our platform welcomes anyone and we do not discriminate based on race, religion or any other factor.
You agree to release, defend (at Cleverbreak’s option), indemnify, and hold Cleverbreak and its affiliates and subsidiaries, including but not limited to, Cleverbreak 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 Cleverbreak Platform or any Cleverbreak Services, (iii) your interaction with any Member, participation in an Experience, Tour or other Event 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 your breach of any laws, regulations or third party rights.
As a Guide you are solely responsible for determining your obligations to report, collect, remit or include in your Tour Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
Tax regulations may require us to collect appropriate Tax information from Guide, or to withhold Taxes from payouts to Guide, or both. If a Guide fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
You agree that any claim or cause of action relating to Cleverbreak's facilitation of Collection and Remittance of Taxes shall not extend to any supplier or vendor that may be used by Cleverbreak in connection with facilitation of Collection and Remittance, if any. Travelers and Guides 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 Taxes collected is a refund of Taxes collected by Cleverbreak from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
Cleverbreak reserves the right, with prior notice to Guide, to cease the Collection and Remittance in any jurisdiction for any reason at which point Guide and Traveler are once again solely responsible and liable for the collection and/or remittance of any and all Taxes that may apply to the law in that jurisdiction.