Terms of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the FarCloser Travel Platform, you agree to comply with and be bound by these Terms of Service.
Please note: Section 18 of these Terms of Service contains an arbitration clause and class action waiver that applies to all FarCloser Travel Members. If your Country of Residence (as defined below) is Canada, this provision applies to all disputes with FarCloser Travel. If your Country of Residence is outside of Canada, this provision applies to any action you bring against FarCloser Travel in Canada. It affects how disputes with FarCloser Travel 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: October 24, 2018
Thank you for using FarCloser Travel!
These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and FarCloser Travel (as defined below) governing your access to and use of the FarCloser Travel website, including any subdomains thereof, and any other websites through which FarCloser Travel makes its services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “FarCloser Travel Services“). The Site, Application and FarCloser Travel Services together are hereinafter collectively referred to as the “FarCloser Travel Platform”. Our Guest Refund Policy, Nondiscrimination Policy and other Policies applicable to your use of the FarCloser Travel Platform are incorporated by reference into this Agreement.
Any and all payment processing services through or in connection with your use of the FarCloser Travel Platform (“Payment Services“) are provided to you by FarCloser Travel as set out in the Payments Terms of Service (“Payments Terms“).
Operators alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Travel Services. For example, in many countries, operators may have to register, get a permit or obtain a license before providing certain Tour Services (guiding tours, operating a vehicle or crossing borders). Operators are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Tour Services they offer. Certain types of Tour Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Tour Service(s) on FarCloser Travel, you should always seek legal guidance.
Table of Contents
- Scope of FarCloser Travel Services
- Eligibility, Using the FarCloser Travel Platform, Member Verification
- Modification of these Terms
- Account Registration
- Service Fees
- Terms specific for Operators
- Terms specific for Guests
- Booking Modifications, Cancellations and Refunds, Resolution Center
- Ratings and Reviews
- Rounding off
- Prohibited Activities
- Term and Termination, Suspension and other Measures
- Dispute Resolution and Arbitration Agreement
- Applicable Law and Jurisdiction
- General Provisions
1. Scope of FarCloser Travel Services
1.1 The FarCloser Travel 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 “Operators” and the services they offer are “Tour Services”) to publish such Tour Services on the FarCloser Travel Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Tour Services (Members using Tour Services are “Guests”). Tour Services may include the offering of multi-day tours or cruises in various categories and a variety of other travel and non-travel related services.
1.2 As the provider of the FarCloser Travel Platform, FarCloser Travel does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Tour Services, nor is FarCloser Travel an organizer or retailer of travel packages under Directive (EU) 2015/2302. Operators alone are responsible for their Listings and Tour Services. When Members make or accept a booking, they are entering into a contract directly with each other. FarCloser Travel is not and does not become a party to or other participant in any contractual relationship between Members, nor is FarCloser Travel a real estate broker or insurer. FarCloser Travel 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, FarCloser Travel has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Tour 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. FarCloser Travel does not endorse any Member, Listing or Tour 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 FarCloser Travel 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 Tour Services, accept a booking request from a Guest, 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 FarCloser Travel of any Operator or Listing.
1.4 If you choose to use the FarCloser Travel Platform as an Operator (as defined below), your relationship with FarCloser Travel is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of FarCloser Travel 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 FarCloser Travel. FarCloser Travel does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Tour Services. You acknowledge and agree that you have complete discretion whether to list Tour Services or otherwise engage in other business or employment activities.
1.5 To promote the FarCloser Travel Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. FarCloser Travel cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The FarCloser Travel 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 non-infringement.
1.6 The FarCloser Travel 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. FarCloser Travel 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 FarCloser Travel of such Third-Party Services.
1.7 Due to the nature of the Internet, FarCloser Travel cannot guarantee the continuous and uninterrupted availability and accessibility of the FarCloser Travel Platform. FarCloser Travel may restrict the availability of the FarCloser Travel 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 FarCloser Travel Platform. FarCloser Travel may improve, enhance and modify the FarCloser Travel Platform and introduce new FarCloser Travel Services from time to time.
2. Eligibility, Using the FarCloser Travel 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 FarCloser Travel Platform or register a FarCloser Travel Account. By accessing or using the FarCloser Travel 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 FarCloser Travel may make access to and use of the FarCloser Travel Platform, or certain areas or features of the FarCloser Travel 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 a Member’s booking and cancellation history.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.4 The access to or use of certain areas and features of the FarCloser Travel 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 FarCloser Travel Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.5 Some areas of the FarCloser Travel Platform implement Mapbox mapping services. Your use of Mapbox is subject to the Mapbox Terms of Service.
3. Modification of these Terms
FarCloser Travel 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 FarCloser Travel 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 FarCloser Travel Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account (“FarCloser Travel Account“) to access and use certain features of the FarCloser Travel Platform, such as publishing or booking a Listing. If you are registering a FarCloser Travel 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 a FarCloser Travel 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 FarCloser Travel Account and your SNS Account at any time, by accessing the “Settings” section of the FarCloser Travel Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your FarCloser Travel Account and public FarCloser Travel Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) FarCloser Travel Account unless FarCloser Travel authorizes you to do so. You may not assign or otherwise transfer your FarCloser Travel Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your FarCloser Travel Account credentials and may not disclose your credentials to any third party. You must immediately notify FarCloser Travel 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 FarCloser Travel Account. You are liable for any and all activities conducted through your FarCloser Travel 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).
4.6 FarCloser Travel may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your FarCloser Travel Account. For example, we may allow eligible Members or certain third parties to book Listings on behalf of other Members, or we may allow Operators to add other Members as Co-Operators (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by FarCloser Travel to ask for your credentials, and you shall not request the credentials of another Member.
5.1 FarCloser Travel 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 FarCloser Travel Platform (“Member Content“); and (ii) access and view Member Content and any content that FarCloser Travel itself makes available on or through the FarCloser Travel Platform, including proprietary FarCloser Travel content and any content licensed or authorized for use by or through FarCloser Travel from a third party (“FarCloser Travel Content” and together with Member Content, “Collective Content“).
5.2 The FarCloser Travel Platform, FarCloser Travel Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Canada and other countries. You acknowledge and agree that the FarCloser Travel Platform and FarCloser Travel Content, including all associated intellectual property rights, are the exclusive property of FarCloser Travel 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 FarCloser Travel Platform, FarCloser Travel Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of FarCloser Travel used on or in connection with the FarCloser Travel Platform and FarCloser Travel Content are trademarks or registered trademarks of FarCloser Travel in Canada and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the FarCloser Travel Platform, FarCloser Travel 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 FarCloser Travel 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 FarCloser Travel or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, FarCloser Travel 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 FarCloser Travel 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 FarCloser Travel Platform, you grant to FarCloser Travel 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 FarCloser Travel Platform, in any media or platform. Unless you provide specific consent, FarCloser Travel 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 FarCloser Travel may offer Operators the option of having professional photographers take photographs of their Tour Services, which are made available by the photographer to Operators to include in their Listings with or without a watermark or tag bearing the words “FarCloser Travel.com Verified Photo” or similar wording (“Verified Images“). You are responsible for ensuring that your Tour Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the FarCloser Travel Platform if they no longer accurately represent your Listing, if you stop operating the Tour Service featured, or if your FarCloser Travel Account is terminated or suspended for any reason. You acknowledge and agree that FarCloser Travel shall have the right to use any 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. Where FarCloser Travel is not the exclusive owner of Verified Images, by using such Verified Images on or through the FarCloser Travel Platform, you grant to FarCloser Travel 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. FarCloser Travel, in turn, grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the FarCloser Travel 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 FarCloser Travel 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 FarCloser Travel Platform or you have all rights, licenses, consents and releases that are necessary to grant to FarCloser Travel 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 FarCloser Travel’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, libellous, 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 or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any FarCloser Travel policy. FarCloser Travel may, without prior notice, remove or disable access to any Member Content that FarCloser Travel finds to be in violation of these Terms or FarCloser Travel’s then-current Policies or Standards, or otherwise, may be harmful or objectionable to FarCloser Travel, its Members, third parties, or property.
5.9 FarCloser Travel respects copyright law and expects its Members to do the same. If you believe that any content on the FarCloser Travel Platform infringes copyrights you own, please notify us.
6. Service Fees
6.1 FarCloser Travel may charge fees to Operators (“OperatorFees“) and/or Guests (“Guest Fees“) (collectively, “Service Fees“) in consideration for the use of the FarCloser Travel 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 an Operator or Guest prior to publishing or booking a Listing. FarCloser Travel reserves the right to change the Service Fees at any time and 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 FarCloser Travel. The applicable Service Fees (including any applicable Taxes) are collected by FarCloser Travel. FarCloser Travel will deduct any Operator Fees from the Listing Fee before remitting the payout to the Operator. Any Guest Fees are included in the Total Fees collected by FarCloser Travel. Except as otherwise provided on the FarCloser Travel Platform, Service Fees are non-refundable.
7. Terms specific for Operators
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the FarCloser Travel Platform you must (i) provide complete and accurate information about your Tour Service (such as listing description, itinerary, departure dates, pricing and availability), (ii) disclose any exclusions, restrictions (such as age limitations) and requirements that apply (such as any minimum age, proficiency or fitness requirements) and (iii) provide any other pertinent information requested by FarCloser Travel. You are responsible for keeping your Listing information (including availability and pricing) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as park fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and experience of your Tour Services. FarCloser Travel 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 FarCloser Travel Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Tour requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Tour Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Tour Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Operator Fee and any applicable Taxes.
7.1.7 FarCloser Travel recommends that Operators obtain appropriate insurance for their TourServices. 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 Guests (and the individuals the Guest has booked for, if applicable) while participating in your Tour Service.
7.2 Listing Tours
7.2.1 To a Tour Service, you must create a Listing and submit the Tour Service to FarCloser Travel. Tour Services must at all times meet the quality standards for Tours. FarCloser Travel reserves the right to decide, in its sole discretion, whether a submitted Tour Service will be published on the FarCloser Travel Platform. Once published, a Tour Service may be removed pursuant to the removal provisions below or pursuant to any applicable removal provision in the FarCloser Travel Terms of Service.
7.2.2 When listing a Tour Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Tour 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 Tour Service (including dress codes, equipment, special certifications or licenses, etc.).
7.2.3 Operators alone are responsible for the Tour Services that they submit, list and provide. FarCloser Travel merely provides the FarCloser Travel Services and is not itself an operator or provider of tours, activities, travel services, or other Tour Services. FarCloser Travel does not own, sell, resell, furnish, provide, manage and/or control any such Tour Services. FarCloser Travel’s responsibilities are limited to making the Listings for Tour Services available through the FarCloser Travel Platform.
7.2.4 You are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to host your Tour Service. You are solely responsible for ensuring that the Equipment used in your Tour Service is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.
7.2.5 You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Tour Service(s), (ii) obtaining any required licenses, permits, or registrations prior to providing your Tour Service(s); and (iii) ensuring that your Listing and/or Hosting of a Tour Service(s) will not breach any agreement you may have with any third party.
7.2.6 If you choose to require a deposit for your Tour, you must specify this in your Listing (“Deposit“). Operators are not allowed to ask for a Deposit after a booking has been confirmed or outside of the FarCloser Travel Platform. FarCloser Travel will use commercially reasonable efforts to address Operators’ requests and claims related to Deposits, but FarCloser Travel is not responsible for administering or accepting any claims by Operators related to Deposits.
7.2.7 You represent and warrant that any Listing you post and the booking of, or a Guest’s participation in a tour will (i) not breach any agreements you have entered into with any third parties, such as accommodation providers, transportation, or other agreements, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As an Operator, you are responsible for your own acts and omissions.
8. Terms specific for Guests
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by FarCloser Travel and/or the Operator, you can book a Listing available on the FarCloser Travel Platform by following the respective booking process. All applicable fees, including the Listing Fee, Deposit (if applicable), Guest 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 FarCloser Travel Account.
8.1.2 Upon receipt of a booking confirmation from FarCloser Travel, a legally binding agreement is formed between you and your Operator, subject to any additional terms and conditions of the Operator that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. FarCloser Travel will collect the Total Fees at the time of the booking request or upon the Operator’s confirmation pursuant to the Payments Terms. For certain bookings, Guests may be required to pay or have the option to pay in multiple installments.
8.1.3 If you book a Tour Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Operator, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Operator. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in a Tour if accompanied by an adult who is responsible for them.
8.2 Booking Tours
8.2.1 You agree to arrive at the Tour starting location no later than the prearranged start time that the Operator specifies in the Listing or such other time as mutually agreed upon between you and the Operator.
8.3 Booking Experiences, Events and other Operator Services
8.3.1 You should carefully review the description of any Tour Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Operator has specified in their Listing. At your sole discretion, you may want to inform the Operator of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Tour. In addition, certain laws, like the minimum legal drinking age in the location of the Tour Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in a Tour.
8.3.2 Before and during a Tour you must at all times adhere to the Operators’ instructions.
8.3.3 You may not bring any additional individuals on a Tour.
8.4 FarCloser Travel Travel Credits
FarCloser Travel Travel Credits may be redeemed for eligible bookings via the FarCloser Travel Platform as specified in the terms and conditions provided with the Travel Credit. You may only redeem FarCloser Travel Travel Credits after the FarCloser Travel Travel Credits are reflected in your FarCloser Travel Account.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Operators and Guests are responsible for any modifications to a booking that they make via the FarCloser Travel Platform or direct FarCloser Travel customer service (“Booking Modifications“) and agree to pay any additional Listing Fees, Operator Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and FarCloser Travel will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Operator under the applicable cancellation policy will be remitted to the Operator by FarCloser Travel pursuant to the Payments Terms.
9.3 If an Operator cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, FarCloser Travel may allow the Guest to apply the refund to a new booking, in which case FarCloser Travel will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, FarCloser Travel may publish an automated review on the Listing cancelled by the Operator indicating that a booking was cancelled. In addition, FarCloser Travel may impose a cancellation fee, unless the Operator has a valid reason for cancelling the booking pursuant to FarCloser Travel’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behaviour.
9.4 For Tour Operator Services, if inclement weather creates an unsafe scenario for Guests, Operators may modify or cancel a Tour Service. If there is a substantial change in the itinerary or the Tour Service needs to be cancelled, FarCloser Travel will work with the Operator and/or Guests to provide Guests with an alternative date for the Tour Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, FarCloser Travel may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make an appropriate refund and payout decisions. This may be for reasons set forth in FarCloser Travel’s Extenuating Circumstances Policy or (i) where FarCloser Travel believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to FarCloser Travel, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Guest suffers a Travel Issue pursuant to the Guest Refund Policy, FarCloser Travel may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
9.7 If, as an Operator, your Guest cancels a confirmed booking or FarCloser Travel decides that it is necessary to cancel a confirmed booking, and FarCloser Travel issues a refund to the Guest in accordance with the Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, FarCloser Travel will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
9.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds or additional Operator Services related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your FarCloser Travel Account, and FarCloser Travel will handle all such payments.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Guests can leave a public review (“Review”) and submit a star rating (“Rating”) about the Operator. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of FarCloser Travel. Ratings and Reviews are not verified by FarCloser Travel for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with FarCloser Travel’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 to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the FarCloser Travel Platform (such as the Listing page) together with other relevant information such as the number of bookings, number of cancellations, average response time and other information.
11. Rounding off
FarCloser Travel generally supports payment amounts that are payable from or to Guests or Operators to the smallest unit supported by a given currency (i.e., CAD or U.S. cents, Euro cents or other supported currencies). Where FarCloser Travel’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, FarCloser Travel may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Operators 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, FarCloser Travel may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
12.1 As an Operator 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“).
12.2 Tax regulations may require us to collect appropriate Tax information from Operators or to withhold Taxes from payouts to Operators, or both. If an Operator 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.
12.3 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority“) where your Tour Services are offered may require Taxes to be collected from Guests or Operators 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 Operators, 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. Prohibited Activities
13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the FarCloser Travel Platform. In connection with your use of the FarCloser Travel 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 FarCloser Travel 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 FarCloser Travel endorsement, partnership or otherwise misleads others as to your affiliation with FarCloser Travel;
- use the FarCloser Travel Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as an Operator, any Tour Service that you do not yourself operate or have permission to offer through the FarCloser Travel Platform;
- unless FarCloser Travel explicitly permits otherwise, book any Listing if you will not actually be using the Tour Services yourself;
- contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member’s use of the FarCloser Travel 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 FarCloser Travel Platform to request, make or accept a booking independent of the FarCloser Travel Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the FarCloser Travel Platform or FarCloser Travel. 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 FarCloser Travel 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 violent, harmful, abusive or disruptive behaviour;
- use, display, mirror or frame the FarCloser Travel Platform or Collective Content, or any individual element within the FarCloser Travel Platform, FarCloser Travel’s name, any FarCloser Travel trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the FarCloser Travel Platform, without FarCloser Travel’s express written consent;
- dilute, tarnish or otherwise harm the FarCloser Travel brand in any way, including through unauthorized use of Collective Content, registering and/or using FarCloser Travel 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 FarCloser Travel 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 FarCloser Travel Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by FarCloser Travel or any of FarCloser Travel’s providers or any other third party to protect the FarCloser Travel Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the FarCloser Travel Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the FarCloser Travel Platform;
- export, re-export, import, or transfer the Application except as authorized by United States 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.
13.2 You acknowledge that FarCloser Travel has no obligation to monitor the access to or use of the FarCloser Travel 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 FarCloser Travel 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 FarCloser Travel in good faith and to provide FarCloser Travel with such information and take such actions as may be reasonably requested by FarCloser Travel with respect to any investigation undertaken by FarCloser Travel or a representative of FarCloser Travel regarding the use or abuse of the FarCloser Travel Platform.
13.3 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 behaviour, (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 FarCloser Travel by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
14. Term and Termination, Suspension and other Measures
14.1 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 FarCloser Travel terminate the Agreement in accordance with this provision.
14.2 You may terminate this Agreement at any time by sending us an email. If you cancel your FarCloser Travel Account as an Operator, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your FarCloser Travel Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
14.3 FarCloser Travel may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
14.4 FarCloser Travel may immediately, without notice, terminate this Agreement and/or stop providing access to the FarCloser Travel Platform 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) FarCloser Travel believes in good faith that such action is reasonably necessary to protect the personal safety or property of FarCloser Travel, its Members, or third parties (for example in the case of fraudulent behaviour of a Member).
14.5 In addition, FarCloser Travel 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 FarCloser Travel Account registration, Listing process or thereafter, (iv) you and/or your Listings or Operator Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or FarCloser Travel 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) FarCloser Travel believes in good faith that such action is reasonably necessary to protect the personal safety or property of FarCloser Travel, 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 FarCloser Travel Platform;
- temporarily or permanently revoke any special status associated with your FarCloser Travel Account;
- temporarily or in case of severe or repeated offences permanently suspend your FarCloser Travel Account and stop providing access to the FarCloser Travel Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by FarCloser Travel and an opportunity to resolve the issue to FarCloser Travel’s reasonable satisfaction.
14.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
14.7 When this Agreement has been terminated, you are not entitled to a restoration of your FarCloser Travel Account or any of your Member Content. If your access to or use of the FarCloser Travel Platform has been limited or your FarCloser Travel Account has been suspended or this Agreement has been terminated by us, you may not register a new FarCloser Travel Account or access and use the FarCloser Travel Platform through a FarCloser Travel Account of another Member.
14.8 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 FarCloser Travel Platform or Collective Content, you do so voluntarily and at your sole risk. The FarCloser Travel 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 FarCloser Travel Services, laws, rules, or regulations that may be applicable to your Listings and/or Operator Services you are receiving and that you are not relying upon any statement of law or fact made by FarCloser Travel 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 Operator Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Operator Services may carry a risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Operator Services. You assume full responsibility for the choices you make before, during and after your participation in an Operator Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Operator Service and to the maximum extent permitted by law, you agree to release and hold harmless FarCloser Travel from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Operator Service or in any way related to your Operator Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the FarCloser Travel Platform and Collective Content, your publishing or booking of any Listing via the FarCloser Travel Platform, participation in any Operator Service, or any other interaction you have with other Members whether in person or online remains with you. Neither FarCloser Travel nor any other party involved in creating, producing, or delivering the FarCloser Travel 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 FarCloser Travel 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 FarCloser Travel Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Operator Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not FarCloser Travel 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 Operators pursuant to these Terms or an approved payment request under the FarCloser Travel Operator Guarantee, in no event will FarCloser Travel’s aggregate liability arising out of or in connection with these Terms and your use of the FarCloser Travel Platform including, but not limited to, from your publishing or booking of any Listings via the FarCloser Travel Platform, or from the use of or inability to use the FarCloser Travel Platform or Collective Content and in connection with any Operator Service or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the FarCloser Travel Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are an Operator, the amounts paid by FarCloser Travel to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred Canadian dollars (CAD$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 FarCloser Travel 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 Canada, this does not affect FarCloser Travel’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.
You agree to release, defend (at FarCloser Travel’s option), indemnify, and hold FarCloser Travel and its affiliates and subsidiaries, including but not limited to, FarCloser Travel, 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 FarCloser Travel Platform or any FarCloser Travel Services, (iii) your interaction with any Member or participation in an Operator Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.
18. Dispute Resolution and Arbitration Agreement
18.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) Country of Residence is in Canada; or (ii) your Country of Residence is not in Canada, but bring any claim against FarCloser Travel in Canada (to the extent not in conflict with Section 20).
18.2 In the event that there is a dispute between an Operator and a Member that cannot be resolved, either party may contact FarCloser. FarCloser may, in its discretion, attempt to mediate such dispute, however, FarCloser will have no liability for (a) an Operator’s failure to give refunds; (b) FarCloser’s failure to mediate a dispute; or (c) FarCloser’s decision if it does mediate the dispute.
18.4 Jury Trial Waiver. You and FarCloser Travel acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
18.5 No Class Actions or Representative Proceedings. You and FarCloser Travel acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and FarCloser Travel both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
18.6 Severability. Except as provided in Section 18.8, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
18.7 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if FarCloser Travel changes this Section 18 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of FarCloser Travel’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and FarCloser Travel in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
18.8 Survival. Except as provided in Section 18.6 and subject to Section 14.8, this Section 18 will survive any termination of these Terms and will continue to apply even if you stop using the FarCloser Travel Platform or terminate your FarCloser Travel Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the FarCloser Travel Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the FarCloser Travel 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. Applicable Law and Jurisdiction
Terms will be interpreted in accordance with the laws of the Province of Alberta and Canada, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 18 must be brought in the province unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Calgary, Alberta.
21. General Provisions
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between FarCloser Travel and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between FarCloser Travel and you in relation to the access to and use of the FarCloser Travel Platform.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and FarCloser Travel as a result of this Agreement or your use of the FarCloser Travel Platform.
21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
21.4 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.
21.5 FarCloser Travel’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.
21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without FarCloser Travel’s prior written consent. FarCloser Travel 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.
21.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by FarCloser Travel via email, FarCloser Travel Platform notification, or messaging service (including SMS and WeChat).
21.8 If you have any questions about these Terms please contact us.