Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Last Updated: October 08, 2016
TERMS OF SERVICE
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH GUIDES MAY CREATE LISTINGS FOR EXPERIENCES AND GUESTS MAY LEARN ABOUT AND BOOK EXPERIENCES DIRECTLY WITH THE GUIDES. YOU UNDERSTAND AND AGREE THAT REEL ESCAPES IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN GUIDES AND GUESTS, NOR IS REEL ESCAPES A TRAVEL AGENT OR INSURER. REEL ESCAPES HAS NO CONTROL OVER THE CONDUCT OF GUIDES, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY EXPERIENCES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
“Reel Escapes Content” means all Content that Reel Escapes makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Booking Request Period” means the time period starting from the time when a booking is requested by a Guest (as determined by Reel Escapes in its sole discretion), within which a Guide may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
“Collective Content” means Member Content and Reel Escapes Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Experiences” means fly fishing trips sold by Guides.
“Guest” means a Member who requests from a Guide a booking of an Experience via the Site, Application or Services, or a Member who participates in an Experience and is not the Guide for such Experience.
“Guide” means a Professional Fly Fishing Guide who creates a Listing via the Site, Application and Services.
“Professional Fly Fishing Guide” means a fly fishing guide who is currently registered with the national fly fishing guide body or association that is based in the country that their services are sold.
“Listing” means a profile of a Guide that offers experiences for purchase via the Site, Application, and Services.
“Member” means a person who completes Reel Escapes’s account registration process, including but not limited to Guides and Guests, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, Experience or lodging taxes, fees (such as convention center fees) that Experience providers 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.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
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, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Reel Escapes 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 either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, 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. 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.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of Experiences. Such Experiences are included in Listings on the Site, Application and Services by Guides. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Experience or create a Listing, you must first register to create an Reel Escapes Account (defined below).
As stated above, Reel Escapes makes available an online platform or marketplace with related technology for Guests and Guides to meet online and arrange for bookings of Experiences directly with each other. Reel Escapes is not an owner or operator of Experiences, nor is it a provider of Experiences and Reel Escapes does not own any transportation or travel services. Unless explicitly specified otherwise in the Reel Escapes platform, Reel Escapes’s 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 Guide for the purpose of accepting payments from Guests on behalf of the Guide.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE GUIDES AND GUESTS CONNECTING AND BOOKING EXPERIENCES DIRECTLY WITH EACH OTHER. REEL ESCAPES CANNOT AND DOES NOT CONTROL THE SUITABILITY OF ANY EXPERIENCES. REEL ESCAPES IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO EXPERIENCES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
In order to access certain features of the Site and Application, and to book an Experience or create a Listing, you must register to create an account (” Reel Escapes 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 Reel Escapes Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Reel Escapes through the Site, Services or Application; or (ii) allowing Reel Escapes 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 to Reel Escapes and/or grant Reel Escapes access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Reel Escapes to pay any fees or making Reel Escapes subject to any usage limitations imposed by such third-party service providers. By granting Reel Escapes access to any Third-Party Accounts, you understand that Reel Escapes will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Reel Escapes Account and Reel Escapes Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Reel Escapes Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Reel Escapes’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Reel Escapes Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Reel Escapes makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Reel Escapes is not responsible for any SNS Content.
Your Reel Escapes Account and your Reel Escapes Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Reel Escapes Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Reel Escapes reserves the right to suspend or terminate your Reel Escapes Account and your access to the Site, Application and Services if you create more than one (1) Reel Escapes Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Reel Escapes Account, whether or not you have authorized such activities or actions. You will immediately notify Reel Escapes of any unauthorized use of your Reel Escapes Account.
As a Guide you are able to have a Listing. To create a Listing, you will need to contact Reel Escapes. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Experience via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Experience, you may not request the Guest to pay a higher price than in the booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of an Experience in a Listing (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 (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Experience included in a Listing (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Reel Escapes assumes no responsibility for a Guide’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Reel Escapes reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Reel Escapes, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Reel Escapes’s then-current Policies and Community Guidelines, or otherwise harmful to the Site, Application or Services.
If you are a Guide, you understand and agree that Reel Escapes does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Experience and stays at your Experience, any agreement you enter into with such Guest is between you and the Guest and Reel Escapes is not a party to it. Notwithstanding the foregoing, Reel Escapes serves as the limited authorized payment collection agent of the Guide for the purpose of accepting, on behalf of the Guide, payments from Guests of such amounts stipulated by the Guide (including cleaning or other fees and/or Taxes).
If you are a Guide you acknowledge and agree that, as a Guide, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present at the Experience at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Experience, if applicable.)
Reel Escapes recommends that Guides obtain appropriate insurance for their Experiences. Please review any insurance policy that you may have for your Experience carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Experience, if applicable) while at your Experience.
Reel Escapes does not endorse any Guide or any Experience. Guides are required by these Terms to provide accurate information, and although Reel Escapes may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Guide or the Guides purported identity or background.
Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Reel Escapes about any Guide, including of the Guide’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Guide or to accept a booking request from a Guest. Reel Escapes are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Reel Escapes with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Guide against Reel Escapes regarding the remittance of payments received from a Guest by Reel Escapes on behalf of a Guide, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms
“Experience Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in an Experience. The Guide alone, and not Reel Escapes, is responsible for the Experience Fees for his or her Listing. The Guide may in his or her sole discretion decide to include in Taxes that the Guide determines that he or she has to collect.
“Total Fees” means collectively the Experience Fees and plus any Taxes.
Bookings and Financial Terms for Guides
If you are a Guide and a booking is requested for your Experience via the Site, Application or Services, you will be required to either 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, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s Reel Escapes Account profile page, (iii) if the Guest and Guide have both connected their Reel Escapes accounts to SNS, the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Guest on such SNS, and (iv) an indication of whether or not the Guest has provided other information to Reel Escapes, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Reel Escapes for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, Reel Escapes will send you an email, confirming such booking, depending on the selections you make via the Site, Application and Services.
Reel Escapes will collect the Total Fees at the time of booking confirmation (i.e. when the Guide confirms the booking request) and will initiate payment of the Experience Fees to the Guide on the day of service (except to the extent that a refund is due to the Guest). The initiation of payment to the Guide will only be activated upon receipt of confirmation from the Guide that the Experience is complete. The time it takes for the Guide to receive payouts may depend upon the payout method chosen by the Guide and on their chosen bank. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Guide, including by deducting their charges from the payout amount.
Appointment of Reel Escapes as Limited Payment Collection Agent for Guides
Each Guide hereby appoints Reel Escapes as the Guide’s limited payment collection agent solely for the purpose of accepting the Experience Fees from Guests.
Each Guide agrees that payment made by a Guest through Reel Escapes, shall be considered the same as a payment made directly to the Guide, and the Guide will make the Experience available to the Guest in the agreed-upon manner as if the Guide has received the Experience Fees. Each Guide agrees that Reel Escapes (i) permits the Guest to cancel the booking and (ii) is able to refund (via Reel Escapes) to the Guest that portion of the Experience Fees specified in the applicable cancellation policy. Each Guide understands that as Reel Escapes accepts payments from Guests as the Guide’s limited payment collection agent and that Reel Escapes’ obligation to pay the Guide is subject to and conditional upon successful receipt of the associated payments from Guests. Reel Escapes does not guarantee payments to Guides for amounts that have not been successfully received by Reel Escapes from Guests. In accepting appointment as the limited authorized agent of the Guide, Reel Escapes assumes no liability for any acts or omissions of the Guide.
Bookings and Financial Terms for Guests
The Guides, not Reel Escapes, are solely responsible for honoring any confirmed bookings and making available any Experiences reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Guide for the booking of an Experience, you agree and understand that you will be required to enter into an agreement with the Guide and you agree to accept any terms, conditions, rules and restrictions associated with such Experience imposed by the Guide. You acknowledge and agree that you, and not Reel Escapes, will be responsible for performing the obligations of any such agreements, that Reel Escapes is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Reel Escapes disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Reel Escapes is not a party to the agreement between you and the Guide, Reel Escapes acts as the Guide’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Guide. Upon your payment of the Total Fees to Reel Escapes, your payment obligation to the Guide for the Experience Fees is extinguished, and Reel Escapes is responsible for remitting the Experience Fees (less the Guide Fees and any Taxes in respect of the Guide Fees, such as VAT in Europe), in the manner described in these Terms. In the event that Reel Escapes does not remit any such amounts as described in these Terms, such Guide will have recourse only against such Reel Escapes entity.
Unless otherwise agreed with the Guest, all Guides must present themselves on the day of the booked Experience in order to facilitate the experience.
The Total Fees payable will be displayed to a Guest before the Guest sends a booking request to a Guide. As noted above, the Guide is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Guide), any amounts collected by Reel Escapes will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s credit card will be released, if applicable.
You as a Guest agree to pay Reel Escapes for the Total Fees for any booking requested in connection with your Reel Escapes Account if such requested bookings are confirmed by the applicable Guide. In order to establish a booking pending the applicable Guide’s confirmation of your requested booking, you understand and agree that Reel Escapes, on behalf of the Guide, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. As a general rule, Reel Escapes will collect the Total Fees due once Reel Escapes receives confirmation of your booking from the applicable Guide; if necessary, Total Fees may instead be collected at a later point. Please note that Reel Escapes cannot control any fees that may be charged to a Guest by his or her bank related to Reel Escapes’s collection of the Total Fees, and Reel Escapes disclaims all liability in this regard.
Balances will be remitted by Reel Escapes to Guides via check, PayPal, direct deposit or other payment methods, as described on the Site or via the Application, in the Guide’s currency of choice, depending upon the selections the Guide makes via the Site, Application and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.
Please note that Reel Escapes, may impose or deduct foreign currency processing costs on or from any payments or payouts by Reel Escapes in currencies other than Great British Pounds. More information on any such costs or deductions will be available via the Site and Application.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Guide, Reel Escapes will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Experience, the Reel Escapes Guest Refund & Cancellation Policy 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 the Reel Escapes Guest Refund & Cancellation Policy. Details regarding refunds and cancellation policies are available via the Site and Application.
If a Guide cancels a confirmed booking made via the Site, Services, and Application, (i) Reel Escapes will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Reel Escapes containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Guide associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay Reel Escapes the Total Fees relating to the confirmed booking for the Experience in the alternative Listing, in accordance with these Terms. If a Guide cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Reel Escapes, please contact Reel Escapes.
If, as a Guide, your Guest cancels a confirmed booking or Reel Escapes decides that it is necessary to cancel a confirmed booking, and Reel Escapes issues a refund to the Guest in accordance with the Guest Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid Reel Escapes shall be entitled to recover the amount of any such Guest refund from you, including by subtracting such refund amount out from any future Experience Fees due to you.
Reel Escapes reserves the right to cancel a booking request at anytime.
Guest Refund Policy
These terms and conditions govern the Reel Escapes Guest Refund Policy (the “Guest Refund Policy ”) available to Guests who book and pay for an Experience listed by a Host through the Reel Escapes platform (the “Site”) and suffer a Service Issue and the obligations of the Host associated with the Guest Refund Policy.
1. Service Issue. A “Service Issue” means any one of the following:
(a) the Host of the Experience (i) cancels a booking shortly before the scheduled start of the booking, or (ii) fails to provide the Guest with the reasonable ability to participate in the experience (e.g., by not providing sufficient fly fishing equipment).
(b) the description of the Experience in the listing on the Site is materially inaccurate with respect to:
(i) the duration,
(ii) the location,
(iii) an approved alternative Guide provided by a Guide that is classed as an ‘individual’
2. The Guest Refund Policy. If you are a Guest and suffer a Service Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by Reel Escapes in our discretion, depending on the nature of the Service Issue suffered or (ii) use our reasonable efforts to find and book you another Experience which in our determination is reasonably comparable to the Experience described in your original booking. All determinations of Reel Escapes with respect to the Guest Refund Policy, including without limitation the size of any refund, shall be final and binding on the Guests and Hosts.
3. Conditions to Claim a Service Issue. Only a Guest may submit a claim for a Service Issue. If you are a Guest, in order to submit a valid claim for a Service Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:
(a) you must bring the Service Issue to our attention in writing and provide us with information (including photographs or other evidence where applicable) about the Experience and the circumstances of the Service Issue within 24 hours after the start of your booking, and must respond to any requests by us for additional information or cooperation on the Service Issue.
(b) you must not have directly or indirectly caused the Service Issue (through your action, omission or negligence).
(c) you must have used reasonable efforts to try to remedy the circumstances of the Service Issue with the Host prior to making a claim for a Service Issue.
(d) you must not complete the Experience in full.
4. Minimum Quality Standards, Host Responsibilities and Reimbursement to Guest. If you are a Host, you are responsible for ensuring that the Experiences you list on the Site meet minimum quality standards regarding adequacy of the description on the Site, safety, and do not present a Guest with Service Issues. During the 24-hour period following the Guest’s arrival to the Experience, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve Guest issues.
If you are a Host, and if (i) Reel Escapes determines that a Guest has suffered a Service Issue related to an Experience listed by you and (ii) Reel Escapes either reimburses that Guest any amount up to the amount paid by the Guest through the Site for the Experience or provides an alternative Experience to the Guest, you agree to reimburse Reel Escapes up to the amount paid by Reel Escapes within 30 days of Reel Escape’s request. All determinations of Reel Escapes with respect to the Guest Refund Policy, including without limitation the size of any refund to the Guest, shall be final and binding on the Guests and Hosts. You also agree that in order for you to reimburse Reel Escapes up to the amount paid by Reel Escapes, Reel Escapes may off-set or reduce any amounts owed by Reel Escapes to you by this amount.
The rights of the Guests under the Guest Refund Policy supersede the cancellation policy established by a Host. If you dispute the Service Issue you may notify us in writing and provide us with information (including photographs or other evidence where applicable) disputing the claims regarding the Service Issue, provided you must have used reasonable and good faith efforts to try to remedy the Service Issue with the Guest prior to disputing the Service Issue claim. You agree that all determinations of Reel Escapes with respect to the Service Issue shall be final and binding on the Guests and Hosts regardless of your submission of a dispute against such Service Issue. In the event of one or more Service Issues, Reel Escapes, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, reviews indicating Service Issues, cancelling future bookings, suspending or removing the listing of the Experience or imposing penalties or fees for the administrative burden associated with the Service Issues.
5. General Provisions.
(a) No Assignment/No Insurance. This Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. Reel Escapes reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion, and without prior notice. If Reel Escapes modifies this Guest Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Reel Escapes will continue to process all claims for Service Issues made prior to the effective date of the modification.
(c) Entire Agreement and Definitions. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between Reel Escapes and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Reel Escapes and you regarding the Guest Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Reel Escapes Terms of Service.
(d) Controlling Law. This Guest Refund Policy will be interpreted in accordance with the laws of the United Kingdom.
(e) Limitation of Liability. IN NO EVENT WILL REEL ESCAPE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS REEL ESCAPES POLICY TERMS, EXCEED THE AMOUNT OF THE EXPERIENCE FEES COLLECTED BY REEL ESCAPES FROM THE GUEST. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING AN EXPERIENCE OR OTHERWISE USING THE SITE, SERVICES AS A HOST OR GUEST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.
Reel Escapes may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Guides to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Reel Escapes will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, Reel Escapes may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Reel Escapes to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
You as a Guide understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Reel Escapes cannot and does not offer Tax-related advice to any Members.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Experience is located may require Taxes to be collected from Guests or Guides on the amount paid for the right to use and/or occupancy of Experiences, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the rent or Experience Fees set by Guides, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, “Occupancy Taxes”).
Occupancy Tax Collection and Remittance
In certain jurisdictions, Reel Escapes may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Guides, in accordance with your directions in this Agreement (“Collection and Remittance”) if such tax jurisdiction asserts Reel Escapes or Guides have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, whether you are a Guest or Guide, in lieu of the Guide collecting Occupancy taxes from Guests and remitting to the Tax Authority, you hereby instruct and authorize Reel Escapes to collect Occupancy Taxes from Guests on the Guide’s behalf at the time Experience Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. When Reel Escapes facilitates Collection and Remittance of Occupancy Taxes in a jurisdiction for the first time, Reel Escapes will provide notice to existing Guides with Listings for Experiences in such jurisdictions. When a new listing is created in a jurisdiction where Reel Escapes facilitates Collection and Remittance of Occupancy Taxes, the Guide will be notified in the listing creation flow.
The amount of Occupancy Taxes, if any, collected and remitted by Reel Escapes will be visible to and separately stated to both Guests and Guides on their respective transaction documents. Where Reel Escapes is directly facilitating Collection and Remittance, Guests and Guides agree that Guides are not permitted to attempt collection, or collect any Occupancy Taxes relating to their Experiences on Reel Escapes in that such jurisdiction. You expressly agree to release, defend, indemnify, and hold Reel Escapes and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Occupancy Taxes in any amount or at all as to your transactions or Experiences. For any jurisdiction in which we facilitate Collection and Remittance, Guides and Guests expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their Transactions, Bookings, Experiences and Occupancy Taxes, including, but not limited to, personally identifiable information such as Guide or Guest’s name, listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Guests or allegedly due, contact information and similar information, to the relevant Tax Authority.
Both Guests and Guides agree to cooperate with and assist Reel Escapes in good faith, and to provide Reel Escapes with such information and take such actions as may be reasonably requested by Reel Escapes, in connection with any complaints or claims made by Members relating to Experiences or any personal or other property located at an Experience or with respect to any investigation undertaken by Reel Escapes or a representative of Reel Escapes regarding use or abuse of the Site, Application or the Services. If you are a Guest, upon Reel Escapes’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Guide at no cost to you, which process will be conducted by Reel Escapes or a third party selected by Reel Escapes or its insurer, with respect to losses for which the Guide is requesting payment from Reel Escapes.
If you are a Guest, you understand and agree that Reel Escapes may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Experience or any personal or other property located at an Experience. You agree to cooperate with and assist Reel Escapes in good faith, and to provide Reel Escapes with such information as may be reasonably requested by Reel Escapes, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Reel Escapes may reasonably request to assist Reel Escapes in accomplishing the foregoing.
Reel Escapes’s online platform facilitates bookings between Guests and Guides who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Reel Escapes platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.
“Display Currency” means the currency in which users view Listing prices on the Reel Escapes platform. Guests may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies.
“Booking Currency” means the currency in which a Guest has to pay for his or her booking. At the time the Guest submits a booking request, the Reel Escapes platform will select the Booking Currency, based on the Guest’s country of origin and the payment methods available for that country. Reel Escapes supports only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Listing Currency.
“Listing Currency” means the currency in which a Listing’s price is set. The Listing Currency is set by the Guide.
“Payout Currency” means the currency in which a Guide’s payout will be paid to the Guide. The Payout Currency is set by the Guide.
“Base Exchange Rate” means a system-wide rate used by Reel Escapes for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by Reel Escapes. Reel Escapes establishes the Base Exchange Rate using data from one or more third parties such as OANDA (http://www.oanda.com).
“Adjusted Exchange Rate” means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by Reel Escapes for its holding costs and foreign currency risks.
Foreign currency conversions on the Reel Escapes platform
Reel Escapes will process a foreign currency conversion in the following situations:
- The Display Currency is different from the Listing Currency when a user views a Listing: Reel Escapes will calculate the estimated Total Fees in the Display Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the view to the estimated Total Fees in the Listing Currency. The Adjusted Exchange Rate will be applied if the Display Currency is a supported Booking Currency, and it is different from the Listing Currency. Otherwise, the Base Exchange Rate will be applied.
- The Booking Currency is different from the Listing Currency when a Guest submits a booking request for a Listing: Reel Escapes will calculate the Total Fees in the Booking Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the booking request to the Total Fees in the Listing Currency. The Guest will be able to view the actual exchange rate applied. The Guest Fee, which is a percentage of the applicable Experience Fees, will be calculated based on the Experience Fees in the Booking Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Display Currency is the same as the Booking Currency, and it is different from the Listing Currency for the Listing. Otherwise, the Base Exchange Rate will be applied.
- The Payout Currency is different from the Listing Currency when Reel Escapes initiates a payout: generally, Reel Escapes will calculate the payout to the Guide, by applying the Base Exchange Rate on the date that Reel Escapes initiates the payout to the Experience Fees (less Reel Escape’s Guide Fees and any Taxes in respect of the Guide Fees, such as VAT in Europe) in the Listing Currency. The Guide will be able to view the actual exchange rate applied in his or her transaction history in the Site or Application. In some cases where the payout method selected by the Guide involves certain third-party payment processors (such as Western Union), (i) Reel Escapes will send the payout amount to the processor in a major currency (e.g. US dollars), by applying the relevant Base Exchange Rate for the Listing Currency to that major currency, (ii) the Guide will be able to view the payout amount sent by Reel Escapes in that major currency in his or her transaction history in the Site or Application, and (iii) the processor will calculate the actual payout to the Guide by applying its own foreign currency conversion rate for that major currency to the Payout Currency.
- When a confirmed booking is modified or cancelled, and there had been a foreign currency conversion when the booking was submitted: the foreign currency conversion for any additional payments required of the Guest or any refund to the Guest will be processed at the same rate as applied to the earlier payment by the Guest.
- When you as a Guest submit a booking request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, you will be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your booking.
- Reel Escapes updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, Reel Escapes does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
- Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Reel Escapes.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- as a Guide, carry out services listed by Reel Escapes without NZPFGA registration or not having obtained a valid worksafe certificate that permits a Guide to legally carry out fly fishing guiding services;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
- “stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Reel Escapes Guest or Guide;
- offer, as a Guide, any Experience that you do not conduct yourself
- register for more than one Reel Escapes Account or register for an Reel Escapes Account on behalf of an individual other than yourself;
- unless Reel Escapes explicitly permits otherwise, request or book a stay at any Experience if you will not actually be staying at the Experience yourself;
- contact a Guide for any purpose other than asking a question related to a booking, such Guide’s Experiences or Listings;
- contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Site, Application and Services;
- recruit or otherwise solicit any Guide or other Member to join third-party services or websites that are competitive to Reel Escapes, without Reel Escapes’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a Guide or Guest and then complete a booking of an Experience independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Reel Escapes’s provision of the Services or for any other reasons;
- as a Guide, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Reel Escapes’s name, any Reel Escapes trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Reel Escapes’s express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, Reel Escapes’s computer systems, or the technical delivery systems of Reel Escapes’s providers;
- attempt to probe, scan, or test the vulnerability of any Reel Escapes system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Reel Escapes or any of Reel Escapes’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- accept or make a payment for Experience Fees outside Reel Escapes. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Reel Escapes harmless from any liability for such payment.
Reel Escapes has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Reel Escapes may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Reel Escapes or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms , (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Reel Escapes, its users, or members of the public. You acknowledge that Reel Escapes has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Reel Escapes reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Reel Escapes, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Reel Escapes and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Reel Escapes Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Reel Escapes grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Reel Escapes Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except 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 Reel Escapes or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Reel Escapes a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Reel Escapes does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Reel Escapes the rights in 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 Reel Escapes’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services 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.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Reel Escapes is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Reel Escapes of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Reel Escapes used herein are trademarks or registered trademarks of Reel Escapes. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Reel Escapes and you hereby irrevocably assign to Reel Escapes and agree to irrevocably assign to Reel Escapes all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Reel Escapes’s request and expense, you will execute documents and take such further acts as Reel Escapes may reasonably request to assist Reel Escapes to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Reel Escapes respects copyright law and expects its users to do the same. It is Reel Escapes’s policy to terminate in appropriate circumstances the Reel Escapes Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Reel Escapes’s Copyright Policy for further information.
Suspension, Termination and Reel Escapes Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Reel Escapes Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Reel Escapes Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Reel Escapes Account, your Member Content, or receive assistance from Reel Escapes Customer Service, (b) any pending or accepted future bookings as either Guide or Guest will be immediately terminated, (c) we may communicate to your Guests or Guides that a potential or confirmed booking has been cancelled, (d) we may refund your Guests in full for any and all confirmed bookings, irrespective of pre-existing cancellation policies, (e) we may contact your Guests to inform them about potential alternate Experiences with other Guides that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for bookings or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Reel Escapes Account. You may cancel your Reel Escapes Account at any time via the “Cancel Account” feature of the Services or by sending us an email. Please note that if your Reel Escapes Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT REEL ESCAPES DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND GUIDES, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, REEL ESCAPES EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. REEL ESCAPES MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY EXPERIENCES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. REEL ESCAPES MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, EXPERIENCES, GUIDES, GUESTS, YOUR ACCRUAL OF REEL ESCAPES TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM REEL ESCAPES OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY GUIDES OR GUESTS. YOU UNDERSTAND THAT REEL ESCAPES DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY EXPERIENCES. REEL ESCAPES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND GUIDES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY REEL ESCAPES. NOTWITHSTANDING REEL ESCAPES’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE GUIDES FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE GUIDES, REEL ESCAPES EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
Limitation of Liability
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 SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY EXPERIENCES VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF REEL ESCAPES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER REEL ESCAPES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM 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 THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY EXPERIENCE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REEL ESCAPES 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.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE GUIDES PURSUANT TO THESE TERMS, IN NO EVENT WILL REEL ESCAPES’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY EXPERIENCE VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY EXPERIENCE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A GUIDE, THE AMOUNTS PAID BY REEL ESCAPES TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REEL ESCAPES AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Reel Escapes 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 (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Experience, or (iii) creation of a Listing; (d) the use, condition or rental of an Experience by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Experience; and (e) your participation in the Referral Program or your accrual of any Reel Escapes Travel Credits.
If you are with anyone who you feel 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 Reel Escapes by contacting us with your police station and report number; 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.
These Terms constitute the entire and exclusive understanding and agreement between Reel Escapes and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Experiences made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Reel Escapes and you regarding bookings or listings of Experiences, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Reel Escapes’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Reel Escapes may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Reel Escapes (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the United Kingdom, without regard to its conflict-of-law provisions.
You and Reel Escapes agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Reel Escapes are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Reel Escapes otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The failure of Reel Escapes to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Reel Escapes. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.