Terms of service
Terms and Conditions
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
- The Cleverbreak 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 “Local guides” and the services they offer are “Tour Services”) to publish such Tour Services on the Cleverbreak Platform (“Experiences”) and to communicate and transact directly with Members that are seeking to book such Tour Services (Members using Tour Services are “Traveler”).
- To list an Experience, Tour or other Event Service, you must create a Tour and submit the Experience, Tour or other Event Service to Cleverbreak. Experience, Tour or other Event Service, Services must at all times meet the quality standards for Experiences. Cleverbreak reserves the right to decide, in its sole discretion, whether a submitted Experience, Tour or other Event Service, will be published on the Cleverbreak Platform. Once published, Experience, Tour or other Event Service, may be removed pursuant to the removal provisions below or pursuant to any applicable removal provision in the Cleverbreak Terms of Service.
- When Tour an Experience, Tour or other Event Service you must, where applicable, fully educate and inform Travelers about (i) any risks inherent to the Experience, Tour or other Event 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, Tour or other Event Service (including dress codes, equipment, special certifications or licenses, etc.).
- When you publish an Experience, Tour or other Event Service on the Cleverbreak platform, you have the ability to add dates and times when you offer your Experience through the Cleverbreak Platform. By making your Experience, Tour or other Event Service available for a particular date and time on the Cleverbreak Platform (an “Instance”), you agree that only people who book through Cleverbreak can attend that Instance of the Experience, Tour or other Event Service. You further agree that you will not allow people to attend any Instance of your Experience, Tour or other Event Service available on the Cleverbreak Platform unless that person booked through Cleverbreak (or was added as an additional Traveler for a spot booked through the Cleverbreak Platform).
- Local Guides alone are responsible for the Experience, Tour or other Event Service that they submit, list and provide. Cleverbreak merely provides the Cleverbreak Services and is not itself an operator or provider of tours, activities, travel services, Experience, Tour or other Event Service. Cleverbreak does not own, sell, resell, furnish, provide, manage and/or control any such Experience, Tour or other Event Service. Cleverbreak’s responsibilities are limited to making the Tours for Experience, Tour or other Event Service available through the Cleverbreak Platform.
- You are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary for your Experience, Tour or other Event Service. You are solely responsible for ensuring that the Equipment used in your Experience, Tour or other Event 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.
- You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Experience, Tour or other Event Service(s), (ii) obtaining any required licenses, permits, or registrations prior to providing your Experience, Tour or other Event Service(s); and (iii) ensuring that your Tour of an Experience, Tour or other Event Service(s) will not breach any agreement you may have with any third party.
- You must provide your Experience, Tour or other Event Service in person and may not allow any third party to provide the Experience, Tour or other Event Service on your behalf, unless authorized by Cleverbreak.
Booking Experience, Tour or other Event Service
- You should carefully review the description of any Experience, Tour or other Event Service you intend to book to ensure you (and any additional Travelers you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Local Guide has specified in their Tour. At your sole discretion you may want to inform the Local Guide of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Tour or other Event Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Tour or other Event Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Tour or other Event Service.
- Before and during an Experience, Tour or other Event Service you must at all times adhere to the Guides’ instructions
- You may not bring any additional individuals to an Experience, Tour or other Event Service unless such an individual was added by you as an additional person during the booking process on the Cleverbreak Platform.
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
- In case a guest decides to cancel the booking after they meet, no refunds will be offered. The customer (guest) reserves the rights to cancel the booking before seven days of the booking date, and a full refund will be offered. However if the cancellation is requested 7 days within the booking date, no refunds will be offered.
- In the event a guide requests to cancel the booking, a proper reason must be provided, and a full refund will be offered to the guest. If the users suspect technical issues during the booking, we may offer a partial refund at our own discretion.
- For Experience, Tour or other Event Service, if inclement weather creates an unsafe or uncomfortable scenario for Traveler, Guides may modify or cancel a Tour Service. If there is a substantial change in the itinerary or the Tour Service needs to be cancelled, Cleverbreak will work with the Guide and/or Traveler to provide Traveler an alternative date for the Tour Service, an appropriate refund or a rebooking.
- If a Traveler suffers a Travel Issue pursuant to the Refund Policy, Cleverbreak may determine, in its sole discretion, to refund the Traveler part or all of the Total Fees in accordance with the Refund Policy.
- If, as a Guide, your Traveler cancels a confirmed booking or Cleverbreak decides that it is necessary to cancel a confirmed booking, and Cleverbreak issues a refund to the Traveler in accordance with the Refund Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, Cleverbreak Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
Ratings and Reviews
- Within a certain timeframe after completing a booking, Travelers and Guides 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 Cleverbreak. Ratings and Reviews are not verified by Cleverbreak for accuracy and may be incorrect or misleading.
- Ratings and Reviews by Travelers and Guides must be accurate and may not contain any offensive or defamatory language.
- 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.
- Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Cleverbreak Platform (such as the Tours page or Users profile page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
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 will collect the Total Fees from a Traveler at the time the Traveler’s booking request is accepted by the host, or at any other time mutually agreed between the Traveler and Cleverbreak Payments.
- You authorize Cleverbreak Payments to charge your Payment Method the Total Fees for any booking requested in connection with your Cleverbreak Account. Cleverbreak Payments will collect the Total Fees in the manner agreed between you and Cleverbreak Payments via the Cleverbreak Platform. Cleverbreak Payments will generally collect the Total Fees after the Host accepts your booking request.
- When you request to book a Tour, Cleverbreak Payments may also (i) obtain a pre-authorization via your Payment Method for the Total Fees,(ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.
- If a requested booking is cancelled either because it is not accepted by the Guide or you cancel the booking request before it is accepted by the Guide, any amounts collected by Cleverbreak Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
- You authorize Cleverbreak Payments to collect any amounts due, by charging the Payment Method provided at checkout, either directly by Cleverbreak Payments or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the Cleverbreak Platform (such as gift cards).
Cleverbreak Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the Cleverbreak Platform.
- You must register an account ("Cleverbreak Account") to access and use certain features of the Cleverbreak Platform, such as publishing or booking a Tour. If you are registering an Cleverbreak Account for a company 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.
- You can register an Cleverbreak 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 ("SNS Account"). You have the ability to disable the connection between your Cleverbreak Account and your SNS Account at any time, by accessing the “Account Settings" section of the Cleverbreak Platform.
- You must provide accurate, current and complete information during the registration process and keep your Cleverbreak Account and public Cleverbreak Account profile page information up-to-date at all times.
- You may not register more than one (1) Cleverbreak Account unless Cleverbreak authorizes you to do so. You may not assign or otherwise transfer your Cleverbreak Account to another party.
- You are responsible for maintaining the confidentiality and security of your Cleverbreak Account credentials and may not disclose your credentials to any third party. You must immediately notify Cleverbreak 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 Cleverbreak Account. You are liable for any and all activities conducted through your Cleverbreak 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).
- You shall not make use of the Website to commence or further any unlawful or fraudulent activity.
- You shall not copy, disclose or distribute the Website or its components in any format, including but not limited to “scraping” via automatic or non automatic means.
- You shall not utilize the Website in any unlawful manner.
- You shall not interfere with or compromise the security or integrity of the system, nor make any attempt to do so. Nor shall you decipher or attempt to decipher transmissions from or to the Website servers.
- You shall not use scrapers, crawlers, spiders, robots or other means to interface with or extract data from the Website other than the means provided by us.
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.