Guest Refund Policy
Last Updated: October 24, 2018
These terms and conditions govern FarCloser Travel’s policy for Guest refunds (“Guest Refund Policy”) and the obligations of the Operator associated with the Guest Refund Policy. The Guest Refund Policy applies in addition to FarCloser Travel’s Terms of Service (“FarCloser Travel Terms”). The Guest Refund Policy is available to Guests who book and pay for a Tour Service through the FarCloser Travel Platform and suffer a Travel Issue (as defined below). The Guest’s rights under this Guest Refund Policy will supersede the Operator’s cancellation policy. If there is no Travel Issue, please see the Operator’s cancellation and refund policy before booking. By booking a Tour Service through FarCloser Travel, you are agreeing to be bound to that Operator’s cancellation and refund policy.
All capitalized terms shall have the meaning set forth in the FarCloser Travel Terms or Payments Terms unless otherwise defined in this Guest Refund Policy.
By using the FarCloser Travel Platform as an Operator or Guest, you are indicating that you have read and that you understand and agree to be bound by this Guest Refund Policy.
1. Travel Issue
A “Travel Issue” means any one of the following:
(a) the Operator of the Tour Service
(i) cancels a booking shortly before the scheduled start of the booking, or
(ii) fails to provide the Guest with the reasonable ability to access the Tour Service (e.g., does not fulfill obligations to allow guest to join the Tour Service); or
(b) the Listing’s description or depiction of the Tour Service is materially inaccurate.
2. The Guest Refund Policy
If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to reimburse you up to the amount paid by you through the FarCloser Travel Platform (“Total Fees”) depending on the nature of the Travel Issue suffered. All determinations of FarCloser Travel with respect to the Guest Refund Policy shall be in FarCloser Travel’s discretion and are final and binding on the Guests and Operators.
3. Conditions to Claim a Travel Issue
To submit a valid claim for a Travel Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:
(a) you must be the Guest that booked the Tour Service;
(b) you must bring the Travel Issue to our attention in writing or via telephone and provide us with information (including photographs or other evidence) about the Tour Service and the circumstances of the Travel Issue within 24 hours after the later of
(i) the start of your Tour Service or
(ii) you discover the existence of the Travel Issue, and you must respond to any requests by us for additional information or cooperation on the Travel Issue;
(c) you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and
(d) unless FarCloser Travel advises you that the Travel Issue cannot be remediated, you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Operator prior to making a claim for a Travel Issue.
4. Minimum Quality Standards, Operator Responsibilities and Reimbursement to Guest
4.1 If you are an Operator, you are responsible for ensuring that the Tour Services you list on the FarCloser Travel Platform meet minimum quality standards regarding access, adequacy of the Listing description, safety, and do not present a Guest with Travel Issues. During a Guest’s participation in a Tour Service, Operators should be available, or make a third-party available, in order to try, in good faith, to resolve any Guest issues.
4.2 If you are an Operator, and if FarCloser Travel;
(i) determines that a Guest has suffered a Travel Issue related to a Tour Service listed by you; and
(ii) reimburses that Guest (up to their Total Fees)
you agree to reimburse FarCloser Travel up to the amount paid by FarCloser Travel within 30 days of FarCloser Travel’s request. You authorize FarCloser Travel to collect any amounts owed to FarCloser Travel by reducing your Payout or as otherwise permitted pursuant to the Payments Terms of Service.
4.3 As an Operator, you understand that the rights of Guests under this Guest Refund Policy will supersede your selected cancellation policy. If you dispute the Travel Issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim.
5. General Provisions
5.1 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.
5.2 Modification of this Policy. FarCloser Travel reserves the right to change the Guest Refund Policy by posting the changes on its website. You can determine when the Guest Refund Policy was last updated by reviewing the LAST UPDATED legend stated on the Guest Refund Policy and any revisions will take effect upon posting. We will notify our members of material changes to the Guest Refund Policy by either sending a notice to the email address you provided to us or by placing a notice on our website. We encourage you to check the Guest Refund Policy from time to time to review the most current version.
5.3 Entire Agreement. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between FarCloser Travel and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between FarCloser Travel and you regarding the Guest Refund Policy.
6. Contacting FarCloser Travel
If you have any questions about the Guest Refund Policy, please email us at [email protected].