Please read these terms of service ("terms", "terms of service") carefully before using Here&there website (the "service") operated by [Hereandthere] ("us", 'we", "our").
Conditions of Use
1. Scope of Here&there Services
1.1 The Here&there 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 Here&there 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 single or multi-day activities in various categories (“Activities”), 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 Here&there Platform, Here&there does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services. 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. Here&there is not and does not become a party to or other participant in any contractual relationship between Members.
1.3 While we may help facilitate the resolution of disputes, Here&there 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. Here&there does not endorse any Member, Listing or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Here&there 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 to participate in an Activity or Event or use other Host Services, and communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of an Activity or Activity’s location at the time the photograph was taken, and are therefore not an endorsement by Here&there of any Host or Listing.
1.4 If you choose to use the Here&there Platform as a Host (as defined below), your relationship with Here&there is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Here&there 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 Here&there.
1.5 To promote the Here&there 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. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Here&there cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Here&there Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.
1.6 The Here&there 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. Here&there 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 Here&there of such Third-Party Services.
1.7 Due to the nature of the Internet, Here&there cannot guarantee the continuous and uninterrupted availability and accessibility of the Here&there Platform. Here&there may restrict the availability of the Here&there 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 Here&there Platform. Here&there may improve, enhance and modify the Here&there Platform and introduce new Here&there Services from time to time.
2. Eligibility, Using the Here&there Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Here&there Platform or register an Here&there Account. By accessing or using the Here&there Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 Here&there may make the access to and use of the Here&there Platform, or certain areas or features of the Here&there 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 booking and cancellation history.
2.3 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).
2.4 The access to or use of certain areas and features of the Here&there Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Here&there 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.
2.5 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Here&there Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
Here&there 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 Here&there 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 Here&there Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Here&there Account") to access and use certain features of the Here&there Platform, such as publishing or booking an Activity. If you are registering an Here&there 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.
4.2 You must provide accurate, current and complete information during the registration process and keep your Here&there Account and public Here&there Account profile page information up-to-date at all times.
4.3 You may not register more than one (1) Here&there Account unless Here&there authorizes you to do so. You may not assign or otherwise transfer your Here&there Account to another party.
4.4 You are responsible for maintaining the confidentiality and security of your Here&there Account credentials and may not disclose your credentials to any third party. You must immediately notify Here&there 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 Here&there Account. You are liable for any and all activities conducted through your Here&there 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).
5.1 Here&there may, at its sole discretion, 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 Here&there Platform ("Member Content"); and (ii) access and view Member Content and any content that Here&there itself makes available on or through the Here&there Platform, including proprietary Here&there content and any content licensed or authorized for use by or through Here&there from a third party ("Here&there Content" and together with Member Content, "Collective Content").
5.2 The Here&there Platform, Here&there Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the European Union and other countries. You acknowledge and agree that the Here&there Platform and Here&there Content, including all associated intellectual property rights, are the exclusive property of Here&there 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 Here&there Platform, Here&there Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Here&there used on or in connection with the Here&there Platform and Here&there Content are trademarks or registered trademarks of Here&there in the European Union and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Here&there Platform, Here&there 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 Here&there 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 Here&there or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Here&there 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 Here&there Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Here&there Platform, you grant to Here&there a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content 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 Here&there Platform, in any media or platform. Unless you provide specific consent, Here&there 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 Here&there may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Activity’s Listings with or without a watermark or tag bearing the words " Here&therenow.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Here&there Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your Here&there Account is terminated or suspended for any reason. You acknowledge and agree that Here&there shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Here&there is not the exclusive owner of Verified Images, by using such Verified Images on or through the Here&there Platform, you grant to Here&there an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Here&there in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Here&there Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Here&there 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 Here&there Platform or you have all rights, licenses, consents and releases that are necessary to grant to Here&there 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 Here&there’s use of the Member Content (or any portion thereof) 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.
5.8 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; (v) promotes illegal or harmful activities or substances. Here&there may, without prior notice, remove or disable access to any Member Content that Here&there finds to be in violation of these Terms or otherwise may be harmful or objectionable to Here&there, its Members, third parties, or property.
5.9 Here&there respects copyright law and expects its Members to do the same. If you believe that any content on the Here&there Platform infringes copyrights you own, please notify us.
6. Service Fees
6.1 Here&there may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Here&there Platform. .
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking an Activity. Here&there reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to Here&there. The applicable Service Fees are due and payable and collected by Here&there. Except as otherwise provided on the Here&there Platform, Service Fees are non-refundable.
7. Terms specific for Activity Hosts
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Here&there Platform you must (i) provide complete and accurate information about your Host Service (such as Activity listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as Activity rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Activity) and (iii) provide any other pertinent information requested by Here&there. 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) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Activity, 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 cancellation policy you have selected 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. Here&there 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 Here&there 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, which will be collected pursuant to the Service Fees page.
7.3 Listing Activities, Events and other Host Services
7.3.1 To list an Activity, Event or other Host Service, you must create a Listing and submit the Activity, Event or Host Service to Here&there. To be considered for publishing on the Here&there Platform, Activities, Events or other Host Services must at all times meet the quality standards and meet Guest demand. Here&there reserves the right to decide, in its sole discretion, if a submitted Activity, Event or other Host Service will be published on the Here&there Platform.
7.3.2 When listing an Activity, Event or other Host Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Activity, 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 Activity, Event or other Host Service (including dress codes, equipment, special certifications or licenses, etc.).
7.3.3 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Activity, Event or other Host Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Activity, Event or other Host Service(s).
7.3.4 You must provide an Activity, Event or other Host Service in person and may not allow any third party to provide the Activity, Event or other Host Service on your behalf, unless authorized by Here&there.
8. Terms specific for Guests
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Host, you can book an Activity available on the Here&there Platform by following the respective booking process. All applicable fees, including the Listing Fee, Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking n Activity. You agree to pay the Total Fees for any booking requested in connection with your Here&there Account.
8.1.2 Upon receipt of a booking confirmation from Here&there, 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. Here&there 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 Activity, Event or other Host Service if accompanied by an adult who is responsible for them.
8.3 Booking Activities, Events and other Host Services
8.3.1 You should carefully review the description of any Activity, 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. You are required to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to safely participate in any Activity, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Activity, Event or other Host 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 Activity, Event or other Host Service.
8.3.2 Before and during an Activity, Event or other Host Service you must at all times adhere to the Hosts’ instructions.
8.3.3 You may not bring any additional individuals to an Activity, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the Here&there 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 Here&there Platform or direct Here&there customer service to make ("Booking Editing"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Editing.
9.2 Guests can cancel a confirmed booking at any time subject to the Listing’s cancellation policy, and Here&there Payments will provide any refund to the Guest in accordance with such cancellation policy.
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking and Here&there may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, Here&there 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 or has legitimate concerns about the Guest’s behavior.
9.4 For Activities, Events and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, Here&there will work with the Host to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, Here&there may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. Where Here&there believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Here&there, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Guest suffers a Travel Issue, Here&there may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
10. Ratings and Reviews
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. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of Here&there. Ratings and Reviews are not verified by Here&there for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Hosts must be fair, truthful and factual and may not contain any offensive or defamatory language.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.
11. Disputes between Members
11.1 If a Host claims and provides evidence that you as a Guest have damaged an Activity’s equipment, the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to Here&there, you will be given an opportunity to respond. If you agree to pay the Host, or Here&there determines in its sole discretion that you are responsible for the Damage Claim, Here&there Payments will collect any such sums from you required to cover the Damage Claim. Here&there also reserves the right to otherwise collect payment from you and pursue any remedies available to Here&there in this regard in situations in which you are responsible for a Damage Claim.
11.2 Members agree to cooperate with and assist Here&there in good faith, and to provide Here&there with such information and take such actions as may be reasonably requested by Here&there, in connection with any Damage Claims or other complaints or claims made by Members relating to Activity’s equipment. A Member shall, upon Here&there’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 Here&there or a third party selected by Here&there or its insurer, with respect to losses for which a Member is requesting payment from Here&there.
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 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.
14. Prohibited Activities
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 Here&there Platform. In connection with your use of the Here&there Platform, you will not and will not assist or enable others to:
14.2 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 Here&there by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Here&there terminate the Agreement in accordance with this provision.
15.2 Without limiting our rights specified below, Here&there may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
15.3 Here&there may immediately, without notice terminate this Agreement 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) Here&there believes in good faith that such action is reasonably necessary to protect the personal safety or property of Here&there, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.4 In addition, Here&there 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 provided inaccurate, fraudulent, outdated or incomplete information during the Here&there 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 Here&there 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 to prevent fraud or other illegal activity:
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Here&there and an opportunity to resolve the issue to Here&there’s reasonable satisfaction.
15.5 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 Here&there Account or any of your Member Content. If your access to or use of the Here&there Platform has been limited or your Here&there Account has been suspended or this Agreement has been terminated by us, you may not register a new Here&there Account or access and use the Here&there Platform through an Here&there Account of another Member.
If you choose to use the Here&there Platform or Collective Content, you do so voluntarily and at your sole risk. The Here&there 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 Here&there Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Here&there relating to a Listing.
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 Activities, Events or other Host Services may carry inherent risk, and by participating in those Host Services, you choose to assume those risks voluntarily. For example, some Host 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 Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host 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 Host Service and to the maximum extent permitted by law, you agree to release and hold harmless Here&there from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host 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.
You agree to release, defend (at Here&there option), indemnify, and hold Here&there and its affiliates and subsidiaries, 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 Here&there Platform or any Here&there Services, (iii) your interaction with any Member, participation in an Activity, Event or other Host 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.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Here&there Platform (“Feedback“). You may submit Feedback by emailing us, through the “Livechat” section of the Here&there Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21. Applicable Law and Jurisdiction
These terms will be interpreted in accordance with Portuguese law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Portuguese courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Portugal or a court with jurisdiction in your place of residence. If Here&there 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 Portuguese courts.
Service Fees of Here & There
Fees related to Activities
Host service fees
To those who offer Activities, we do not charge a service fee.
The service fee is automatically calculated from the Guest to the Host of the Activity.
Guest service fees
We currently charge a 15% service fee for booking Activities. The amount of the service fee is calculated from the price that Hosts set for their experience.
VAT charges on service fees
Depending on the laws of the jurisdiction involved, VAT may be charged on top of the host and guest service fee.