Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the TravelFriend YOUYOU Platform, you agree to comply with and be bound by these Terms of Service.
Please note: Section 19 of these Terms of Service contains an arbitration clause and class action waiver that applies to all TravelFriend YOUYOU Members. If you reside in the Republic of KOREA, this provision applies to all disputes with TravelFriend YOUYOU. If you reside outside of the Republic of KOREA, this provision applies to any action you bring against TravelFriend YOUYOU in the Republic of KOREA. It affects how disputes with TravelFriend YOUYOU are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: Mar 25, 2018
Thank you for using TravelFriend YOUYOU!
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and TravelFriend YOUYOU (as defined below) governing your access to and use of the TravelFriend YOUYOU website, including any subdomains thereof, and any other websites through which TravelFriend YOUYOU makes the TravelFriend YOUYOU Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "TravelFriend YOUYOU Services"). The Site, Application and TravelFriend YOUYOU Services together are hereinafter collectively referred to as the “TravelFriend YOUYOU Platform”. Our YOUYOU Guarantee Terms, Traveler Refund Policy, Nondiscrimination Policy and other Policies applicable to your use of the TravelFriend YOUYOU Platform are incorporated by reference into this Agreement.
When these Terms mention “TravelFriend YOUYOU,” “we,” “us,” or “our,” it refers to the TravelFriend YOUYOU company you are contracting with.
•If you reside in the Republic of KOREA, you are contracting with TravelFriend YOUYOU, Inc., NewHall 401, 2, Toegye-ro 36-gil, Jung-gu, Seoul, Republic of Korea 04626
If you change your place of residence, the TravelFriend YOUYOU company you contract with will be determined by your new place of residence as specified above, from the date on which your place of residence changes.
Any and all payment processing services through or in connection with your use of the TravelFriend YOUYOU Platform ("Payment Services") are provided to you by one or more TravelFriend YOUYOU Payments entities (individually and collectively, as appropriate, "TravelFriend YOUYOU Payments") as set out in the Payments Terms of Service ("Payments Terms").
YOUYOUs alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and YOUYOU Services. For example, some cities have laws that restrict their ability to YOUYOU paying Travelers for short periods or provide certain YOUYOU Services. In many cities, YOUYOUs may have to register, get a permit or obtain a license before preparing food or serving alcohol for sale. Some cities may require a license to guide tours or to sail. YOUYOU are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any YOUYOU Services they offer. Certain types of YOUYOU Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and YOUYOU Service(s) on TravelFriend YOUYOU, you should always seek legal guidance.
Table of Contents
1.Scope of TravelFriend YOUYOU Services
2.Eligibility, Using the TravelFriend YOUYOU Platform, Member Verification
3.Modification of these Terms
7.Terms specific for YOUYOUs
8.Terms specific for Travelers
9.Booking Modifications, Cancellations and Refunds, Resolution Center
10.Ratings and Reviews
11.Damage to Service or Goods, Disputes between Members
12.Rounding off, Currency conversion
15.Term and Termination, Suspension and other Measures
1. Scope of TravelFriend YOUYOU Services
1.1 The TravelFriend YOUYOU 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 “YOUYOUs” and the services they offer are “YOUYOU Services”) to publish such YOUYOU Services on the TravelFriend YOUYOU Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such YOUYOU Services (Members using YOUYOU Services are “Travelers”). YOUYOU Services may include the offering of vacation or other properties for use ("Service or Goods"), single or multi-day activities in various categories (“Experiences”), 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 TravelFriend YOUYOU Platform, TravelFriend YOUYOU does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or YOUYOU Services. YOUYOUs alone are responsible for their Listings and YOUYOU Services. When Members make or accept a booking, they are entering into a contract directly with each other. TravelFriend YOUYOU is not and does not become a party to or other participant in any contractual relationship between Members, nor is TravelFriend YOUYOU a real estate broker or insurer. TravelFriend YOUYOU is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, TravelFriend YOUYOU has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or YOUYOU 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. TravelFriend YOUYOU does not endorse any Member, Listing or YOUYOU 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 TravelFriend YOUYOU 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 whether to stay in an Accommodation, participate in an Experience or Event or use other YOUYOU Services, accept a booking request from a Traveler, or 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 a Listing at the time the photograph was taken, and are therefore not an endorsement by TravelFriend YOUYOU of any YOUYOU or Listing.
1.4 If you choose to use the TravelFriend YOUYOU Platform as a YOUYOU or Co-YOUYOU (as defined below), your relationship with TravelFriend YOUYOU is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of TravelFriend YOUYOU 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 TravelFriend YOUYOU.
1.5 To promote the TravelFriend YOUYOU Platform and to increase the exposure of Listings to potential Travelers, 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. TravelFriend YOUYOU cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The TravelFriend YOUYOU 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 TravelFriend YOUYOU 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. TravelFriend YOUYOU 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 TravelFriend YOUYOU of such Third-Party Services.
1.7 Due to the nature of the Internet, TravelFriend YOUYOU cannot guarantee the continuous and uninterrupted availability and accessibility of the TravelFriend YOUYOU Platform. TravelFriend YOUYOU may restrict the availability of the TravelFriend YOUYOU 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 TravelFriend YOUYOU Platform. TravelFriend YOUYOU may improve, enhance and modify the TravelFriend YOUYOU Platform and introduce new TravelFriend YOUYOU Services from time to time.
2. Eligibility, Using the TravelFriend YOUYOU 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 TravelFriend YOUYOU Platform or register an TravelFriend YOUYOU Account. By accessing or using the TravelFriend YOUYOU 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 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your YOUYOU Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 TravelFriend YOUYOU may make the access to and use of the TravelFriend YOUYOU Platform, or certain areas or features of the TravelFriend YOUYOU 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.
2.4 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).
2.5 The access to or use of certain areas and features of the TravelFriend YOUYOU 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 TravelFriend YOUYOU 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.
2.6 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 TravelFriend YOUYOU 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
TravelFriend YOUYOU 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 TravelFriend YOUYOU 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 TravelFriend YOUYOU Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("TravelFriend YOUYOU Account") to access and use certain features of the TravelFriend YOUYOU Platform, such as publishing or booking a Listing. If you are registering an TravelFriend YOUYOU 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 can register an TravelFriend YOUYOU Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your TravelFriend YOUYOU Account and your SNS Account at any time, by accessing the "Settings" section of the TravelFriend YOUYOU Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your TravelFriend YOUYOU Account and public TravelFriend YOUYOU Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) TravelFriend YOUYOU Account unless TravelFriend YOUYOU authorizes you to do so. You may not assign or otherwise transfer your TravelFriend YOUYOU Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your TravelFriend YOUYOU Account credentials and may not disclose your credentials to any third party. You must immediately notify TravelFriend YOUYOU 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 TravelFriend YOUYOU Account. You are liable for any and all activities conducted through your TravelFriend YOUYOU 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 TravelFriend YOUYOU 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 TravelFriend YOUYOU Platform ("Member Content"); and (ii) access and view Member Content and any content that TravelFriend YOUYOU itself makes available on or through the TravelFriend YOUYOU Platform, including proprietary TravelFriend YOUYOU content and any content licensed or authorized for use by or through TravelFriend YOUYOU from a third party ("TravelFriend YOUYOU Content" and together with Member Content, "Collective Content").
5.2 The TravelFriend YOUYOU Platform, TravelFriend YOUYOU Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the Republic of KOREA and other countries. You acknowledge and agree that the TravelFriend YOUYOU Platform and TravelFriend YOUYOU Content, including all associated intellectual property rights, are the exclusive property of TravelFriend YOUYOU 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 TravelFriend YOUYOU Platform, TravelFriend YOUYOU Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of TravelFriend YOUYOU used on or in connection with the TravelFriend YOUYOU Platform and TravelFriend YOUYOU Content are trademarks or registered trademarks of TravelFriend YOUYOU in the Republic of KOREA and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the TravelFriend YOUYOU Platform, TravelFriend YOUYOU 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 TravelFriend YOUYOU 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 TravelFriend YOUYOU or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, TravelFriend YOUYOU 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 TravelFriend YOUYOU 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 TravelFriend YOUYOU Platform, you grant to TravelFriend YOUYOU 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 TravelFriend YOUYOU Platform, in any media or platform. Unless you provide specific consent, TravelFriend YOUYOU 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 TravelFriend YOUYOU may offer YOUYOUs the option of having professional photographers take photographs of their YOUYOU Services, which are made available by the photographer to YOUYOUs to include in their Listings with or without a watermark or tag bearing the words "TravelFriend YOUYOU.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your YOUYOU Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the TravelFriend YOUYOU Platform if they no longer accurately represent your Listing, if you stop YOUYOUing the YOUYOU Service featured, or if your TravelFriend YOUYOU Account is terminated or suspended for any reason. You acknowledge and agree that TravelFriend YOUYOU 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 TravelFriend YOUYOU is not the exclusive owner of Verified Images, by using such Verified Images on or through the TravelFriend YOUYOU Platform, you grant to TravelFriend YOUYOU 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. TravelFriend YOUYOU in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the TravelFriend YOUYOU 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 TravelFriend YOUYOU 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 TravelFriend YOUYOU Platform or you have all rights, licenses, consents and releases that are necessary to grant to TravelFriend YOUYOU 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 TravelFriend YOUYOU'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; or (vi) violates TravelFriend YOUYOU’s Content Policy or any other TravelFriend YOUYOU policy. TravelFriend YOUYOU may, without prior notice, remove or disable access to any Member Content that TravelFriend YOUYOU finds to be in violation of these Terms or TravelFriend YOUYOU’s then-current Policies or Standards, or otherwise may be harmful or objectionable to TravelFriend YOUYOU, its Members, third parties, or property.
5.9 TravelFriend YOUYOU respects copyright law and expects its Members to do the same. If you believe that any content on the TravelFriend YOUYOU Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Service Fees
6.1 TravelFriend YOUYOU may charge fees to YOUYOUs ("YOUYOU Fees") and/or Travelers ("Traveler Fees") (collectively, "Service Fees") in consideration for the use of the TravelFriend YOUYOU Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a YOUYOU or Traveler prior to publishing or booking a Listing. TravelFriend YOUYOU 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 TravelFriend YOUYOU. The applicable Service Fees are due and payable and collected by TravelFriend YOUYOU Payments pursuant to the Payments Terms. Except as otherwise provided on the TravelFriend YOUYOU Platform, Service Fees are non-refundable.
7. Terms specific for YOUYOUs
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the TravelFriend YOUYOU Platform you must (i) provide complete and accurate information about your YOUYOU Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by TravelFriend YOUYOU. 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 Traveler requests a booking of your Listing, you may not request that the Traveler 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 YOUYOU Services. TravelFriend YOUYOU 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 TravelFriend YOUYOU Platform may vary and depend on a variety of factors, such as Traveler search parameters and preferences, YOUYOU requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of YOUYOU Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking request by a Traveler, you are entering into a legally binding agreement with the Traveler and are required to provide your YOUYOU Service(s) to the Traveler as described in your Listing when the booking request is made. You also agree to pay the applicable YOUYOU Fee and any applicable Taxes, which will be collected pursuant to the Payments Terms.
7.1.7 TravelFriend YOUYOU recommends that YOUYOUs obtain appropriate insurance for their YOUYOU Services. Please review any respective insurance policy carefully, and in particular 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 Travelers (and the individuals the Traveler has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other YOUYOU Service.
7.2 Listing Service or Goods
7.2.1 You may only list one Accommodation per Listing.
7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing ("Security Deposit"). YOUYOUs are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the TravelFriend YOUYOU Platform. TravelFriend YOUYOU will use commercially reasonable efforts to address YOUYOUs’ requests and claims related to Security Deposits, but TravelFriend YOUYOU is not responsible for administering or accepting any claims by YOUYOUs related to Security Deposits.
7.2.3 You represent and warrant that any Listing you post and the booking of, or a Traveler's stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a YOUYOU, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Traveler (and the individuals the Traveler invites to the Accommodation, if applicable).
7.3 Listing Experiences, Events and other YOUYOU Services
7.3.1 To list an Experience, Event or other YOUYOU Service, you must create a Listing and submit the Experience, Event or YOUYOU Service to TravelFriend YOUYOU. To be considered for publishing on the TravelFriend YOUYOU Platform, Experiences, Events or other YOUYOU Services must at all times meet the quality standards for Experiences and meet Traveler demand. TravelFriend YOUYOU reserves the right to decide, in its sole discretion, if a submitted Experience, Event or other YOUYOU Service will be published on the TravelFriend YOUYOU Platform.
7.3.2 When listing an Experience, Event or other YOUYOU Service you must, where applicable, fully educate and inform Travelers about (i) any risks inherent to the Experience, Event or other YOUYOU Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience, Event or other YOUYOU Service (including dress codes, equipment, special certifications or licenses, etc.).
7.3.3 If you wish to list an Experience on behalf of a Nonprofit (“Social Impact Experience”), you must comply with the eligibility requirements for YOUYOUing a Social Impact Experience. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of your Nonprofit and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Nonprofit. You and your Nonprofit acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with TravelFriend YOUYOU and TravelFriend YOUYOU is not a professional fundraiser or commercial participator. Nonprofits, and not TravelFriend YOUYOU, are responsible for determining what, if any, portion of their Listing Fee is a charitable contribution and for providing Travelers charitable tax receipts for any applicable charitable contributions. You and your Nonprofit are solely responsible for complying with all laws that apply to your organization and your Social Impact Experience.
7.3.4 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Experience, Event or other YOUYOU Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Experience, Event or other YOUYOU Service(s). You can find additional information about some of the legal obligations that may apply to you on our Responsible YOUYOUing pages.
7.3.5 You must provide an Experience, Event or other YOUYOU Service in person and may not allow any third party to provide the Experience, Event or other YOUYOU Service on your behalf, unless authorized by TravelFriend YOUYOU.
7.4.1 TravelFriend YOUYOU may enable YOUYOUs to authorize other Members (“Co-YOUYOUs”) to administer the YOUYOU’s Listing(s), and to bind the YOUYOU and take certain actions in relation to the Listing(s) as permitted by the YOUYOU, such as accepting booking requests, messaging and welcoming Travelers, and updating the Listing Fee and calendar availability (collectively, “Co-YOUYOU Services”). Any agreement formed between YOUYOU and Co-YOUYOU may not conflict with these Terms and the Payments Terms. Co-YOUYOUs may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by TravelFriend YOUYOU. TravelFriend YOUYOU reserves the right, in our sole discretion, to limit the number of Co-YOUYOUs a YOUYOU may invite for each Listing and to limit the number of Listings a Co-YOUYOU may manage.
7.4.2 YOUYOUs and Co-YOUYOUs may agree on a fee (“Co-YOUYOU Services Fee”) in consideration for the Co-YOUYOU Services provided by the Co-YOUYOU. When such an agreement is made, the YOUYOU agrees to pay the Co-YOUYOU Services Fee for any confirmed booking of their Listing, which will be deducted directly from the Listing Fee after deduction of any applicable YOUYOU Fee. In addition, YOUYOUs may instruct a Co-YOUYOU to provide certain one-time services in relation to their Listing. YOUYOUs can pay Co-YOUYOUs for one-time services and any other expenses using the Resolution Center. TravelFriend YOUYOU Payments will process Co-YOUYOU Services Fees and Resolution Center payments pursuant to the Payments Terms.
7.4.3 YOUYOUs and Co-YOUYOUs agree that each activity, booking, or other transaction reported on the TravelFriend YOUYOU Platform, including any Co-YOUYOU Services provided by the Co-YOUYOU and any amounts due from a YOUYOU to the Co-YOUYOU for the provision of such services, will be deemed accurate, correct and binding, unless challenged, by notifying the other person and TravelFriend YOUYOU (by emailing YOUYOU-exp@TravelFriend YOUYOU.com), within 21 days of posting of the disputed activity, booking or other transaction on the TravelFriend YOUYOU Platform.
8. Terms specific for Travelers
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the YOUYOU, you can book a Listing available on the TravelFriend YOUYOU Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Traveler Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your TravelFriend YOUYOU Account.
8.1.2 Upon receipt of a booking confirmation from TravelFriend YOUYOU, a legally binding agreement is formed between you and your YOUYOU, subject to any additional terms and conditions of the YOUYOU that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. TravelFriend YOUYOU Payments will collect the Total Fees at the time of the booking request or upon the YOUYOU’s confirmation pursuant to the Payments Terms.
8.1.3 If you book a YOUYOU Service on behalf of additional Travelers, you are required to ensure that every additional Traveler meets any requirements set by the YOUYOU, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the YOUYOU. If you are booking for an additional Traveler 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 Experience, Event or other YOUYOU Service if accompanied by an adult who is responsible for them.
8.2 Booking Service or Goods
8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the YOUYOU to enter, occupy and use the Accommodation for the duration of your stay, during which time the YOUYOU (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the YOUYOU.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the YOUYOU specifies in the Listing or such other time as mutually agreed upon between you and the YOUYOU. If you stay past the agreed upon checkout time without the YOUYOU's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the YOUYOU is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the YOUYOU, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the YOUYOU, plus all applicable Traveler Fees, Taxes, and any legal expenses incurred by the YOUYOU to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the YOUYOU as a result of such Overstay. TravelFriend YOUYOU Payments will collect Overstay Fees from you pursuant to the Payments Terms. A Security Deposit, if required by a YOUYOU, may be applied to any Overstay Fees due for a Traveler’s Overstay.
8.3 Booking Experiences, Events and other YOUYOU Services
8.3.1 You should carefully review the description of any Experience, Event or other YOUYOU Service you intend to book to ensure you (and any additional Travelers you are booking for) meet any minimum age, proficiency, fitness or other requirements which the YOUYOU has specified in their Listing. You are required to inform the YOUYOU of any medical or physical conditions, or other circumstances that may impact your and any additional Traveler’s ability to safely participate in any Experience, Event or other YOUYOU Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other YOUYOU Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other YOUYOU Service.
8.3.2 Before and during an Experience, Event or other YOUYOU Service you must at all times adhere to the YOUYOUs’ instructions.
8.3.3 You may not bring any additional individuals to an Experience, Event or other YOUYOU Service unless such an individual was added by you as an additional Traveler during the booking process on the TravelFriend YOUYOU Platform.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 YOUYOUs and Travelers are responsible for any modifications to a booking that they make via the TravelFriend YOUYOU Platform or direct TravelFriend YOUYOU customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, YOUYOU Fees or Traveler Fees and/or Taxes associated with such Booking Modifications.
9.2 Travelers can cancel a confirmed booking at any time subject to the Listing’s cancellation policy, and TravelFriend YOUYOU Payments will provide any refund to the Traveler in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the YOUYOU under the applicable cancellation policy will be remitted to the YOUYOU by TravelFriend YOUYOU Payments pursuant to the Payments Terms.
9.3 If a YOUYOU cancels a confirmed booking, the Traveler will receive a full refund of the Total Fees for such booking and TravelFriend YOUYOU may publish an automated review on the Listing cancelled by the YOUYOU indicating that a booking was cancelled. In addition, TravelFriend YOUYOU 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 YOUYOU has a valid reason for cancelling the booking pursuant to TravelFriend YOUYOU’s Extenuating Circumstances Policy or has legitimate concerns about the Traveler’s behavior.
9.4 For Experiences, Events and other YOUYOU Services, if inclement weather creates an unsafe or uncomfortable scenario for Travelers, YOUYOUs may modify or cancel a YOUYOU Service. If there is a substantial change in the itinerary or the YOUYOU Service needs to be cancelled, TravelFriend YOUYOU will work with the YOUYOU to provide Travelers an alternative date for the YOUYOU Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, TravelFriend YOUYOU may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in TravelFriend YOUYOU's Extenuating Circumstances Policy or (i) where TravelFriend YOUYOU believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to TravelFriend YOUYOU, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Traveler suffers a Travel Issue pursuant to the Traveler Refund Policy, TravelFriend YOUYOU may determine, in its sole discretion, to refund the Traveler part or all of the Total Fees in accordance with the Traveler Refund Policy.
9.7 Members may use the Resolution Center to send or request money for refunds, additional YOUYOU Services, Co-YOUYOU Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your TravelFriend YOUYOU Account, and TravelFriend YOUYOU Payments will handle all such payments pursuant to the Payments Terms.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Travelers and YOUYOUs 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 TravelFriend YOUYOU. Ratings and Reviews are not verified by TravelFriend YOUYOU for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Travelers and YOUYOUs must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with TravelFriend YOUYOU’s Content Policy and Extortion Policy.
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. Damage to Service or Goods, Disputes between Members
11.1 As a Traveler, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the YOUYOU (and the individuals the YOUYOU invites to the Accommodation, if applicable).
11.2 If a YOUYOU claims and provides evidence that you as a Traveler have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the YOUYOU can seek payment from you through the Resolution Center. If a YOUYOU escalates a Damage Claim to TravelFriend YOUYOU, you will be given an opportunity to respond. If you agree to pay the YOUYOU, or TravelFriend YOUYOU determines in its sole discretion that you are responsible for the Damage Claim, TravelFriend YOUYOU Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. TravelFriend YOUYOU also reserves the right to otherwise collect payment from you and pursue any remedies available to TravelFriend YOUYOU in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by YOUYOUs under the TravelFriend YOUYOU YOUYOU Guarantee.
11.3 Members agree to cooperate with and assist TravelFriend YOUYOU in good faith, and to provide TravelFriend YOUYOU with such information and take such actions as may be reasonably requested by TravelFriend YOUYOU, in connection with any Damage Claims or other complaints or claims made by Members relating to Service or Goods or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the TravelFriend YOUYOU YOUYOU Guarantee), Experiences, or Co-YOUYOU agreements. A Member shall, upon TravelFriend YOUYOU'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 TravelFriend YOUYOU or a third party selected by TravelFriend YOUYOU or its insurer, with respect to losses for which a Member is requesting payment from TravelFriend YOUYOU (including but not limited to payments under the TravelFriend YOUYOU YOUYOU Guarantee).
11.4 If you are a Traveler or a Co-YOUYOU, you understand and agree that TravelFriend YOUYOU 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, to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by TravelFriend YOUYOU under the TravelFriend YOUYOU YOUYOU Guarantee). You agree to cooperate with and assist TravelFriend YOUYOU in good faith, and to provide TravelFriend YOUYOU with such information as may be reasonably requested by TravelFriend YOUYOU, 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 TravelFriend YOUYOU may reasonably request to assist TravelFriend YOUYOU in accomplishing the foregoing.
12. Rounding off, Currency conversion
12.1 TravelFriend YOUYOU may, in its sole discretion, round up or round down amounts that are payable from or to Travelers or YOUYOUs to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, euro or other supported currency); for example, TravelFriend YOUYOU will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00. For currencies that are denominated in large numbers, TravelFriend YOUYOU may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; for example, TravelFriend YOUYOU may round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 837,500 up to 838,000 and 837,499 down to 837,000.
12.2 The TravelFriend YOUYOU Platform facilitates bookings between Travelers and YOUYOUs who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the TravelFriend YOUYOU Platform allows Members to view the price of Listings in a number of currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location. Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.
13.1 As a YOUYOU 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 YOUYOUs, or to withhold Taxes from payouts to YOUYOUs, or both. If a YOUYOU 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.
13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Accommodation is located may require Taxes to be collected from Travelers or YOUYOUs on Listing Fees, 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 Listing Fees set by YOUYOUs, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").
13.4 In certain jurisdictions, TravelFriend YOUYOU may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Travelers or YOUYOUs, in accordance these Terms ("Collection and Remittance") if such jurisdiction asserts TravelFriend YOUYOU or YOUYOUs have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize TravelFriend YOUYOU (via TravelFriend YOUYOU Payments) to collect Occupancy Taxes from Travelers on the YOUYOU's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by TravelFriend YOUYOU will be visible to and separately stated to both Travelers and YOUYOUs on their respective transaction documents. Where TravelFriend YOUYOU is facilitating Collection and Remittance, YOUYOUs are not permitted to collect any Occupancy Taxes being collected by TravelFriend YOUYOU relating to their Service or Goods in that jurisdiction.
13.5 You agree that any claim or cause of action relating to TravelFriend YOUYOU's facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by TravelFriend YOUYOU in connection with facilitation of Collection and Remittance, if any. Travelers and YOUYOUs agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by TravelFriend YOUYOU from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.6 TravelFriend YOUYOU reserves the right, with prior notice to YOUYOUs, to cease the Collection and Remittance in any jurisdiction for any reason at which point YOUYOUs and Travelers are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Service or Goods in that jurisdiction.
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 TravelFriend YOUYOU Platform. In connection with your use of the TravelFriend YOUYOU Platform, you will not and will not assist or enable others to:
•breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
•use the TravelFriend YOUYOU Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies TravelFriend YOUYOU endorsement, partnership or otherwise misleads others as to your affiliation with TravelFriend YOUYOU;
•use the TravelFriend YOUYOU Platform in connection with the distribution of unsolicited commercial messages ("spam");
•offer, as a YOUYOU, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the TravelFriend YOUYOU Platform;
•unless TravelFriend YOUYOU explicitly permits otherwise, book any Listing if you will not actually be using the YOUYOU Services yourself;
•contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the TravelFriend YOUYOU Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
•use the TravelFriend YOUYOU Platform to request, make or accept a booking independent of the TravelFriend YOUYOU Platform, to circumvent any Service Fees or for any other reason;
•request, accept or make any payment for Listing Fees outside of the TravelFriend YOUYOU Platform or TravelFriend YOUYOU Payments. 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 TravelFriend YOUYOU harmless from any liability for such payment;
•discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
•use, display, mirror or frame the TravelFriend YOUYOU Platform or Collective Content, or any individual element within the TravelFriend YOUYOU Platform, TravelFriend YOUYOU's name, any TravelFriend YOUYOU trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the TravelFriend YOUYOU Platform, without TravelFriend YOUYOU's express written consent;
•dilute, tarnish or otherwise harm the TravelFriend YOUYOU brand in any way, including through unauthorized use of Collective Content, registering and/or using TravelFriend YOUYOU or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to TravelFriend YOUYOU domains, trademarks, taglines, promotional campaigns or Collective Content;
•use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the TravelFriend YOUYOU Platform for any purpose;
•avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by TravelFriend YOUYOU or any of TravelFriend YOUYOU's providers or any other third party to protect the TravelFriend YOUYOU Platform;
•attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the TravelFriend YOUYOU Platform;
•take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the TravelFriend YOUYOU Platform;
•export, re-export, import, or transfer the Application except as authorized by Republic of KOREA law, the export control laws of your jurisdiction, and any other applicable laws; or
•violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that TravelFriend YOUYOU has no obligation to monitor the access to or use of the TravelFriend YOUYOU Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the TravelFriend YOUYOU Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist TravelFriend YOUYOU in good faith, and to provide TravelFriend YOUYOU with such information and take such actions as may be reasonably requested by TravelFriend YOUYOU with respect to any investigation undertaken by TravelFriend YOUYOU or a representative of TravelFriend YOUYOU regarding the use or abuse of the TravelFriend YOUYOU Platform.
14.3 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 TravelFriend YOUYOU 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 TravelFriend YOUYOU terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time via the "Cancel Account" feature on the TravelFriend YOUYOU Platform or by sending us an email. If you cancel your TravelFriend YOUYOU Account as a YOUYOU, any confirmed booking(s) will be automatically cancelled and your Travelers will receive a full refund. If you cancel your TravelFriend YOUYOU Account as a Traveler, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, TravelFriend YOUYOU may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
15.4 TravelFriend YOUYOU 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) TravelFriend YOUYOU believes in good faith that such action is reasonably necessary to protect the personal safety or property of TravelFriend YOUYOU, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, TravelFriend YOUYOU 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 breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the TravelFriend YOUYOU Account registration, Listing process or thereafter, (iv) you and/or your Listings or YOUYOU Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or TravelFriend YOUYOU 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 (vii) TravelFriend YOUYOU believes in good faith that such action is reasonably necessary to protect the personal safety or property of TravelFriend YOUYOU, its Members, or third parties, or to prevent fraud or other illegal activity:
•refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
•cancel any pending or confirmed bookings;
•limit your access to or use of the TravelFriend YOUYOU Platform;
•temporarily or permanently revoke any special status associated with your TravelFriend YOUYOU Account; or
•temporarily or in case of severe or repeated offenses permanently suspend your TravelFriend YOUYOU Account.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by TravelFriend YOUYOU and an opportunity to resolve the issue to TravelFriend YOUYOU's reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Travelers 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 TravelFriend YOUYOU Account or any of your Member Content. If your access to or use of the TravelFriend YOUYOU Platform has been limited or your TravelFriend YOUYOU Account has been suspended or this Agreement has been terminated by us, you may not register a new TravelFriend YOUYOU Account or access and use the TravelFriend YOUYOU Platform through an TravelFriend YOUYOU Account of another Member.
15.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the TravelFriend YOUYOU Platform or Collective Content, you do so voluntarily and at your sole risk. The TravelFriend YOUYOU 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 TravelFriend YOUYOU Services, laws, rules, or regulations that may be applicable to your Listings and/or YOUYOU Services you are receiving and that you are not relying upon any statement of law or fact made by TravelFriend YOUYOU 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 Experiences, Events or other YOUYOU Services may carry inherent risk, and by participating in those YOUYOU Services, you choose to assume those risks voluntarily. For example, some YOUYOU 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 YOUYOU Services. You assume full responsibility for the choices you make before, during and after your participation in a YOUYOU Service. If you are bringing a minor as an additional Traveler, you are solely responsible for the supervision of that minor throughout the duration of your YOUYOU Service and to the maximum extent permitted by law, you agree to release and hold harmless TravelFriend YOUYOU from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the YOUYOU Service or in any way related to your YOUYOU 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.
17.1 Unless you reside in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the TravelFriend YOUYOU Platform and Collective Content, your publishing or booking of any Listing via the TravelFriend YOUYOU Platform, your stay at any Accommodation, participation in any Experience or Event or use of any other YOUYOU Service or any other interaction you have with other Members whether in person or online remains with you. Neither TravelFriend YOUYOU nor any other party involved in creating, producing, or delivering the TravelFriend YOUYOU Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the TravelFriend YOUYOU Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the TravelFriend YOUYOU Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s YOUYOU Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not TravelFriend YOUYOU 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 YOUYOUs pursuant to these Terms or an approved payment request under the TravelFriend YOUYOU YOUYOU Guarantee, in no event will TravelFriend YOUYOU’s aggregate liability arising out of or in connection with these Terms and your use of the TravelFriend YOUYOU Platform including, but not limited to, from your publishing or booking of any Listings via the TravelFriend YOUYOU Platform, or from the use of or inability to use the TravelFriend YOUYOU Platform or Collective Content and in connection with any Accommodation, Experiences, Event or other YOUYOU Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the TravelFriend YOUYOU Platform as a Traveler in the twelve (12) month period prior to the event giving rise to the liability, or if you are a YOUYOU, the amounts paid by TravelFriend YOUYOU 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 TravelFriend YOUYOU 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. If you reside outside of the U.S., this does not affect TravelFriend YOUYOU’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
17.2 If you reside in the EU, TravelFriend YOUYOU is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. TravelFriend YOUYOU is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of TravelFriend YOUYOU in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of TravelFriend YOUYOU is excluded.
You agree to release, defend (at TravelFriend YOUYOU’s option), indemnify, and hold TravelFriend YOUYOU 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 TravelFriend YOUYOU Platform or any TravelFriend YOUYOU Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other YOUYOU 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, (iv) TravelFriend YOUYOU’s Collection and Remittance of Occupancy Taxes, or (v) 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 TravelFriend YOUYOU Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the TravelFriend YOUYOU 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.
20. General Provisions
20.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between TravelFriend YOUYOU and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between TravelFriend YOUYOU and you in relation to the access to and use of the TravelFriend YOUYOU Platform.
20.2 No joint venture, partnership, employment, or agency relationship exists between you and TravelFriend YOUYOU as a result of this Agreement or your use of the TravelFriend YOUYOU Platform.
20.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
20.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
20.5 TravelFriend YOUYOU’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.
20.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without TravelFriend YOUYOU's prior written consent. TravelFriend YOUYOU may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
20.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by TravelFriend YOUYOU via email, TravelFriend YOUYOU Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which TravelFriend YOUYOU transmits the notice.
20.8 If you have any questions about these Terms please email us.