Terms and Conditions
The Terms and Conditions are applicable to all relations between GUIDER and a Tourist Guide, as defined hereinafter. GUIDER seeks to promote connections with Users (natural or legal persons) with Tourist Guides, with a view to providing clients with exceptional tourist experiences. GUIDER proposes its Intermediary Services in the form of an online platform that establishes contact between Users and Tourist Guides; GUIDER can by no means be defined as a travel agent.
Words beginning with a capital letter will be attributed the meanings so defined in the present Article, whether singular or plural:
“Terms and Conditions or T&C”: states the present terms and conditions regarding the partnership between GUIDER and Tourist Guides offering their client services to natural or legal persons;
“Tourist Guide”: refers to all who meet the necessary requirements to work as a local or professional guide, as well as the conditions of Part 3 of the present terms and conditions, and have created a Tourist Guide Account on the GUIDER Website or on the GUIDER Mobile Application;
“Booking”: a purchased order of client service(s) offered by a Tourist Guide placed by a User through the GUIDER Website or Mobile Application, in accordance with the conditions defined in Part 5;
“Client Account”: refers to an individual account attributed to a User, in order to create a profile on the GUIDER Website or Mobile Application and access Intermediary Services, as well as Tourist Guides;
“Tourist Guide Account”: refers to an account attributed to a Tourist Guide following their registration with account type Guide or on the webpage “Become a Tourist Guide”, which enables them to create their Tourist Guide Profile and Tour/Excursion Pages, which in turn allow them to offer Client Services through GUIDER;
“Content”: refers to all content published by a User or Tourist Guide on the GUIDER Website or Mobile Application;
“Client Services”: refers to all client services carried out by a Tourist Guide and booked by Users on the GUIDER Website or Mobile Application;
“Tourist Guide Profile”: refers to the GUIDER profile of a Tourist Guide and the Client Services they offer;
“Guided Tour Page”: refers to a GUIDER webpage published by a Tourist Guide or Tour Provider describing the Client Services that will be offered as part of their respective guided tour;
“Intermediary Services”: refers to the intermediary services offered by GUIDER as so defined in Part 2 “Description of Intermediary Services”;
“The GUIDER Website” or “Mobile Application”: refers to the website accessible from the address “www.guider.travel” or from the GUIDER Mobile Application for smartphones, operated by GUIDER;
“User”: refers to all natural or legal persons who consult and/or use GUIDER’s Intermediary Services on the GUIDER Website or on the Mobile Application as a tourist wishing to book the Client Services of a Tourist Guide;
“Territory”: refers to Russian Federation or any other countries in connection with GUIDER’s establishment abroad;
“GUIDER”: refers to the company that executes GUIDER’s Intermediary Services of connecting Users with Tourist Guides, both on the GUIDER Website and the Mobile Application for smartphones.
PART 1 - PURPOSE OF TERMS AND CONDITIONS
1.1 These T&C intend to specify the formalities of registration to Intermediary Services for Users, use of Intermediary Services by Users on guider.travel and the Mobile Application, placement of Bookings and fulfilment of Intermediary Services.
1.1 The clauses of these T&C are without prejudice to applicable law and regulations, especially those concerning the guided tour of Tourist Guides and the mandatory public policy provisions of a given country.
1.3 Users accept to conform to clauses of the present T&C, accessible via the “Sign Up” Form available on the GUIDER Website. They expressly acknowledge having carefully read these T&C and accept them without reserve as soon as they click “I accept the Terms and Conditions”, as shown on the “Sign Up” Form.
By clicking on “I accept the Terms and Conditions”, they acknowledge professional and legal ability to conclude such an agreement or to have at their disposal the authorisation of the entitled person. Intermediary Services are offered in Metropolitan Russia, in the Russian language, and also worldwide in numerous other languages.
1.4 The T&C to be applied to Users are those in effect on the GUIDER Website or on the Mobile Application at the time they submit the “Sign Up” Form, and at any later time when they use Intermediary Services. Users are informed that these T&C may be subject to future modifications at GUIDER’s discretion.
Part 2 - DESCRIPTION OF INTERMEDIARY SERVICES
2.1 Through the GUIDER Website and Mobile Application, GUIDER has created an online resource that firstly serves Tourist Guides offering Client Services in guiding and in guided tours of all kinds, and secondly Users booking Client Services in the fields of tourism, culture and leisure offered by Tourist Guides, enabling Users holding a Client Account to book in line with the conditions presently defined.
2.2 The Intermediary Services offered by GUIDER can be defined as facilitating the following concerning Users:
- • Receipt of the GUIDER newsletter.
- • Searches for Client Services in a specific geographical zone, according to a set of rates in USD. The User chooses, in real time, when they wish to use the Client Services, the type of Client Service that they search (e.g. by price/theme) and the desired location of the Client Service;
- • Online payment for Bookings using a secure payment platform;
- • Reviews via their Client Account of the Client Services that they have completed, which will appear on the respective Tourist Guide Profile or Guided Tour Page;
- • Communication with Tourist Guides on the Website (except by phone or email; these details cannot be given to the User without GUIDER’s prior consent);
Part 3 - ACCESS TO SERVICES
3.1 “Sign Up” Form
are able to access Intermediary Services for free by logging in on
the GUIDER Website or on the Mobile Application (exclusive of
internet connection costs, which are their responsibility), in order
to follow the procedure detailed hereinafter:
Firstly, the User is directed to a page entitled “Profile” on which they can fill in and update their surname, name, email address, phone number, address and password at any time.
The Client Account offers the User the opportunity to monitor their Bookings on the page entitled “Bookings” and to leave comments on Client Services they have experienced on the pages “Reviews”. GUIDER reserves the right to moderate any comments that appear either abusive or unjustified. Such comments will then be removed.
The “Sign Up” Form gives them the opportunity to link their future Tourist Guide Account to their Facebook user account. By accepting to link their future Client Account to their Facebook user account, Users acknowledge that Content posted on the GUIDER Website or on the Mobile Application from their Client Account may also be posted on the Facebook website without their express action.
GUIDER is not responsible for the communication of incorrect data by Users, who remain fully responsible for any data given to GUIDER.
3.2 Updating the Client Account
Once they have signed up, Users can fill in all of the necessary information to use their back-office. They manage their personal information, make Bookings, monitor their Bookings and review Client Services they have experienced.
GUIDER reserves the discretionary right to delete without reserve or justification any Client Account contravening these T&C or any applicable contractual/legal obligations to the latter as part of their guided tour, as well as any other obligation to which GUIDER is subject.
3.3 Special Precautions
Users are responsible for respecting all conditions of use concerning social networking websites connected with the GUIDER Website, including but not limited to the websites Facebook, Twitter, Instagram, Vkontakte.
Part 4 - GUIDED TOUR REGULATIONS
The Tourist Guide recognises that the Professional Guided Tour is a regulated guided tour whose execution is governed by the laws and regulations in force.
GUIDER is not responsible for erroneous data provided by the Tourist Guide, who remains wholly responsible for the details they communicate to GUIDER. GUIDER reserves the right to refuse, at its discretion, to create a Tourist Guide Account for any individual.
Part 5 - BOOKINGS, PRICES AND PAYMENT METHODS
5.1 Instant Booking through the Mobile Application
Intermediary Services allow Users to book the Client Services offered by a Tourist Guide by the means so defined in the User T&C.
If the Tourist Guide accepts, they go to the meeting place and must respect the time calculated by the application, to ensure that they arrive before the User starts to be charged.
Once the tour has finished, the User receives an email with a summary of their booking and is invited to provide a review of the Tourist Guide through their back-office.
5.2 Booking on the GUIDER Website or on the Mobile Application
Intermediary Services allow Users to book the Client Services of a Tourist Guide by the means so defined in the User T&C.
The User receives a booking summary by email and goes to the predetermined meeting place for the Client Service booked at the predetermined date and time. This enables them to receive the Client Services from the Tourist Guide as indicated on the respective Tourist Guide Profile or Guided Tour Page.
Once the Client Service has been completed, the User is invited to provide a review of the Tourist Guide through their back-office.
5.3 Setting rates
The Tourist Guide is able to set freely and at their discretion the rate for Client Services in usd, including VAT and all taxes applicable in their country.
The terms and conditions of Promotional Offers available on the GUIDER Website, especially the duration, calculation and conditions of application, are determined at GUIDER’s discretion only, about which the Tourist Guide will be duly informed when setting the rates of Client Services.
Payment is made by the User through guider.travel or using the Mobile Application when they make their booking. Any failure to pay will lead to the cancellation of the booking by GUIDER.
Part 6 - CLIENT SERVICES AND OBLIGATIONS
6.1 Delivery of Client Services
The Tourist Guide is wholly responsible for the delivery of a Client Service to a User. GUIDER serves exclusively as an intermediary between and means of connecting Tourist Guides and Users.
6.2 Obligations of the User concerning bookings
The User is obligated to:
• Pay online the price of the tour or guide;
• Turn up at the predetermined meeting point to receive the Client Service; if not, they shall be subject to a cancellation charge by default.
• Receipt of the GUIDER newsletter.
6.3 Cancellation or proposition of a replacement by the Tourist Guide for a Client Service booked on the GUIDER Website or Mobile Application
In the case of a cancellation by the Tourist Guide before the date of the Client Service, GUIDER will propose a replacement that the User is free to accept or decline. If they do not accept the replacement, they will receive a full refund.
In any event, the Tourist Guide who made the cancellation assumes all responsibility for the aftermath and consequences, direct or indirect, of their cancellation and their replacement, and GUIDER can in no way be held responsible for losses related to the cancellation and/or replacement of the Tourist Guide.
6.4 User Cancellation of a Client Service booked on the GUIDER Website or Mobile Application
In the case of a User cancellation of a Client Service over a week before the date of the Client Service, no cancellation charge will be payable by the User.
In the case of a User cancellation of a Client Service between a week and 48 hours before the date of the Client Service, GUIDER will charge the User a cancellation charge to the sum of 15% of the price of the Client Service.
In these 2 cases, fees incurred by the Tourist Guide (such as museum tickets, entry passes, etc.), which are non-refundable, can claimed back from the User via the intermediary GUIDER.
In the case of a User Cancellation of a Client Service less than 48 hours before the date of the Client Service, the User must pay GUIDER 100% of the Client Service price. In this case, fees incurred by the Tourist Guide (such as museum tickets, entry passes, etc.), which are non-refundable, cannot under any circumstances claimed back from GUIDER or from the User.
6.7 Justifiable grounds for cancellation
The User can request a full refund from GUIDER of 100% of the price of the Client Service, even if they cancel less than a week before, but only in certain cases. The justifiable grounds for such a reimbursement are detailed below:
- • Illness (the User must therefore provide GUIDER with a medical certificate)
- • Case of force majeure in accordance with applicable law
- • Accident or emergency (the User must therefore provide GUIDER with justifying documentary evidence of the event (e.g. a bill, receipt or report).
The aforementioned cases in no way constitute an exhaustive list and function exclusively as examples. GUIDER reserves the right to refuse a request if it is deemed unjustified or the justifying evidence given insufficient.
Part 7 - SECURITY AND PERSONAL DETAILS
GUIDER issues invoices to the User in the name and on behalf of the Tourist Guide strictly as an authorised, intermediary representative. This means that the Tourist Guide maintains full responsibility as regards the content of invoices, their respective obligations and the appropriate application of VAT and other tax or invoicing regulations.
Part 8 - PERSONAL DETAILS COLLECTED BY GUIDER
8.1 Personal details collected by GUIDER
As regards a request to create a Client Account, the Form communicates personal details to GUIDER for the sole purpose of offering its Intermediary Services. GUIDER can neither assure Users access to Intermediary Services, nor respond to all other requests, if the User refuses to communicate certain requisite information or if the User communicates false information, such information being indispensable to business relations with Tourist Guides on the one hand, and Users on the other hand. As such, the User guarantees the veracity of the information they communicate to GUIDER.
8.2 Rights of the User regarding their personal details
The User has the right to access, rectify and erase personal details concerning them.
This right can be exercised by written request to GUIDER - email at: firstname.lastname@example.org
8.3 Cookies and targeted advertising system
GUIDER automatically collects information on the User’s use of the Website, primarily by using cookies that follow their navigation of the Website. These cookies are digital identifiers transferred to the memory terminal of the User. They are used to facilitate the User’s navigation through the Website by enabling GUIDER to recognise them and offer them a personalised and attractive navigation experience.
GUIDER is also aware of the User’s existing navigation details on partner sites that allow the company to find out the last pages visited on their sites by the User. It is stated however that the Users will continue to see advertising displayed on the GUIDER Website during their visits, the exception being that this advertising will not be targeted using navigation information or information from cookies.
The User can deactivate cookies and delete them using their browser settings.
Part 9 – PRIVACY STATEMENT CONCERNING PERSONAL INFORMATION OF USERS AND TOURIST GUIDES
creating an account with GUIDER, Users and Tourist Guides will be
asked to provide personal information. We use this personal
information to contact our Users and Tourist Guides should the need
arise; to ensure accurate and correct financial transactions between
Users, GUIDER and Tourist Guides and Tour Providers; and so that
Tourist Guides may be found accurately and correctly with GUIDER
Personal information shared by Users and Tourist Guides will not be shared with any non-affiliate, company, or partner without consent. Tourist Guides connected to a partner organization (be it an association, institute, or company) will have their information shared with their respective partner organization, to ensure validity of certification and that the goals and professionalism of the organization are being upheld.
GUIDER will request the following personal information from both users and Tourist Guides:
• First and last name
• Email address
• Telephone number
and financial transactions completed on GUIDER are handled by
Mercanet, a secure financial management and reporting tool a global
online payments system.
It is the policy of GUIDER to ensure the maximum amount of privacy and safety for both users and professional tour guides. As such, GUIDER reserves the right to moderate and alter or remove content detailing the personal information listed above; or any other information that may lead an individual to the personal information listed above. This right applies to:
- • A Tourist Guide’s profile page
- • A Tourist Guide’s guided tours
- • The internal messaging system available for clients and guides
Part 10 - DUE DILIGENCE REGARDING THE CONTENT AND BEHAVIOUR OF TOURIST GUIDES
10.1 Behaviour of the Tourist Guide or Tour Provider regarding the fulfilment of their services
Tourist Guides are wholly responsible for the guided tours that they offer and hereby expressly acknowledge that they are aware of all the information related to countries presenting a risk (high or low) in terms of security and have, prior to any guided tour, taken all the necessary measures to preserve the security of the people to whom they offer their Client Services, as well as their own. The User acknowledges that they are aware of the recommendations, especially those of the Ministry of Foreign Affairs, regarding countries posing particular risks, are fully informed of these recommendations issued by the Ministry and are responsible for them to that effect.
10.2 Behaviour of the User regarding the publication of Content
Once the User has experienced a Client Service, the functionalities of the GUIDER Website allow them to post comments about the corresponding Tourist Guides. Comments come under the definition of “Content”. The User is wholly responsible for their Content and thus recognises that the information they post is likely to be brought to Users’, Tourist Guides’ attention and the public’s attention in general. The User maintains to own the publication and usage rights to this Content or to have acquired them.
The User agrees:
10.3 Content posted by Users
The User gives GUIDER the right to use, reproduce, adapt, modify, translate, post, distribute and present to the public any Content of any type known to the date that these T&C come into effect, on a global scale and for the legal duration of the intellectual property rights that they relate to. In this capacity, the User maintains to possess the entirety of the rights and powers necessary to grant such a licence.
10.4 Intellectual property rights to Content
The User gives GUIDER the right to use, reproduce, adapt, modify, translate, post, distribute and present to the public any Content of any type known to the date that these T&C come into effect, on a global scale and for the legal duration of intellectual property rights they relate to. In this capacity, the User maintains to possess the entirety of the rights and powers necessary to grant such a licence.
10.5 Abuse notification and Content removal
The User is able to notify GUIDER of any abuse of Content, a User, Tourist Guide by sending mail to email@example.com, as shown on the Website. GUIDER reserves the right to remove any Content in the event the User does not respect the conditions mentioned above or for any other reason deemed necessary to protect its interests; GUIDER can do this at any time and without prior warning to the User.
Part 11 - INTELLECTUAL PROPERTY RIGHTS TO THE GUIDER WEBSITE
The GUIDER Website and Mobile Application constitute a structure of intellectual material of all kinds, including text, images, sounds and logos.
Each of these elements is subject to intellectual property rights. These rights are the exclusive property of GUIDER or have been subject to a complete or partial cession, or licence, by their author, beneficiary or a beneficiary of GUIDER.
The present T&C do not authorise, in all or in part, the commercial reproduction, modification or use of the different intellectual elements of GUIDER.
Any commercial reproduction, modification, adaptation, translation or use, in all or in part, publication licensing, transfer or sale, by whatever means, in all or in part, of the Website and Mobile Application as well as the commercial name of the “GUIDER” brand, is strictly forbidden, except by GUIDER’s prior express written consent.
GUIDER grants to the User a basic temporary user’s licence, limited to the instruments necessary to use the GUIDER Website and Mobile Application for intelligence purposes and/or to use Intermediary Services, with respect to the present conditions so established.
The User accepts, as a user of Intermediary Services, to use no brand, commercial name or logo of a company or organisation that might be confused with GUIDER.
Any attempt at intrusion or piracy, as well as unauthorised commercial reproduction, modification or use, in all or in part, of the different intellectual elements of the Website and Mobile Application, is forbidden and will render the author(s) liable to legal action.
Part 12 - RESPONSIBILITY AND INSURANCE
GUIDER holds no responsibility for false or forged information communicated by the Tourist Guide to the User.
Each Tourist Guide hereby expressly maintains to possess all the necessary insurance for the fulfilment of the guided tours they offer to Users. GUIDER reserves the right to request the provision of insurance certificates from any Tourist Guide without reserve. Any refusal by the Tourist Guide will lead to their immediate removal from the GUIDER Website and Mobile Application. GUIDER works exclusively as an intermediary and cannot be held responsible for issues with the insurance of a Tourist Guide. GUIDER does not insure any tour guide, which remains under the complete control and responsibility of the Tourist Guide.
GUIDER INFORMS THE USER, TOURIST GUIDES THAT EACH TOURIST GUIDE IS FULLY RESPONSIBLE FOR SETTING THE PRICES FOR THEIR CLIENT SERVICES AND FULFILLING THE SERVICES THEY OFFER ON THE WEBSITE AND MOBILE APPLICATION. GUIDER CANNOT BE HELD RESPONSIBLE FOR THIS IN ANY WAY OR FOR ANY REASON.
GUIDER is an intermediary that connects Users and Tourist Guides by way of an online platform. GUIDER thus holds no responsibility in this regard, and as such, Tourist Guides and Users acknowledge full responsibility for deciding whether or not to establish contact. Tourist Guides assume all responsibility pertaining or supposedly pertaining to the use of the GUIDER Website or Mobile Application. GUIDER offers Users looking for Client Services information and a tool to help connect them with the Tourist Guides who provide them. GUIDER does not itself supply any Client Services and does not take any responsibility for any Client Service. As a result, GUIDER excludes liability for any type of damage, loss (including direct, indirect, consecutive, punitive, special loss or damages, etc.), any claim, request, any fees (including legal fees), any penalties and fines (including from third party) directly or indirectly linked to the relation between a User and a Tourist Guide, including but not exclusively for any action or omission of the User (including payment) and of the Tourist Guide, the content and consequences of (posting or distribution of) any comment, estimation or assessment about the Tourist Guide and the cancellation of the Client Account, Tourist Guide for any reason.
GUIDER cannot be held responsible for false statements by a User, Tourist Guide, or for disrespect of regulations by the User, Tourist Guide. GUIDER denies any responsibility for encounters, Client Services or any tour between Users or User(s) and Tourist Guide(s), or regarding Tourist Guides’ use of Intermediary Services.
GUIDER maintains that the content of the Website and Mobile Application may contain technical inaccuracies, typography mistakes or omissions, and that this content can be modified or updated without notice.
GUIDER keeps the Website and Mobile Application updated but cannot guarantee, at any time, the accuracy and completeness of the information released.
GUIDER cannot be held responsible for any potentially damaging consequences of the use of such information by Users and Tourist Guides.
GUIDER provides no express or implicit guarantee, including but not limited to the question of continuity, performance and durability of Intermediary Services, the consistency and compliance of an Intermediary Service for a specific use, the quality or absence of defects in Intermediary Services, the exclusion and non-violation of laws and regulations or of these T&C of Intermediary Services by other Users, Tourist Guides.
The User acknowledges that they use Intermediary Services at their own risk. Intermediary Services are provided “as they are” and are accessible without guarantee of availability and regularity.
GUIDER will endeavour to make such Intermediary Services available on a 24/7 basis, except in case of emergency or an event out of GUIDER’s control, subject to maintenance periods, potential failures, technical hazards linked to the nature of the internet network, malevolent actions or any infringement of GUIDER’s equipment or software programs.
The User is responsible for installing, using and maintaining the technical equipment necessary to access to GUIDER, as well as their protection against any form of virus contamination or any other malevolent software or code. GUIDER does not guarantee compatibility with any version of browser or configuration of the User’s terminal.
Hyperlinks may redirect towards other websites, other content or resources. GUIDER holds no responsibility for other websites, content or resources in contravention of applicable legal conditions or regulations currently in force.
In case the Tour Provider acts as part of their tour within an organisation in the tourism sector (e.g. guiding agency, guiding association, incoming travel agency, business offering factory tours or leisure tours or tour operators), it is the legal entity that the Tour Provider represents that holds responsibility, not the Tour Provider as a natural person.
Part 13 - DURATION - TERMINATION
The registration to Intermediary Services takes effect from the moment the Client Account is created. The present T&C are of indeterminate duration, except in case of termination by the User or by GUIDER, as defined hereinafter.
13.2 GUIDER – Right to terminate
GUIDER reserves the right to deactivate without notice any Client Account, in the following cases:
- • Disrespect of the present T&C by the User;
- • Complaints from one or more Users, Tourist Guides;
- • Violation of the Website’s and Mobile Application integrity, fraud, counterfeit, intrusion or unauthorised maintenance of the computer system of the Website and Mobile Application GUIDER, this includes an attempt to do so;
- • If the User is seen to be acting contrary to GUIDER’s interests.
If GUIDER deactivates the Client Account of a User, their personal data will then be stored for a year following deactivation.
The former User can then exercise their right to access, rectification and opposition at any time by written request to GUIDER - firstname.lastname@example.org.
GUIDER reserves the right, at any time and without prior warning, to suspend, restrain or refuse a User access to Intermediary Services, as well as to modify, suspend or temporarily stop their use of the Website and Mobile Application.
13.3 User’s right to terminate
Users can deactivate their Client Account at any time by written request. This action comes into effect after the completion of any Client Services they have already booked through GUIDER and from the day GUIDER receives said written request. This action is irreversible.
This right may be exercised by written request sent to GUIDER via the above address.
ARTICLE 14 - APPLICABLE LAW AND OTHER PROVISIONS
14.1 Applicable Law and Language
THESE T&C ARE RULED BY RUSSIAN LAW.
In case of dispute, the only relevant court is that in the location of GUIDER’s headquarters.
The original version of the present T&C in Russian may have been translated into other languages. The translated version of these T&C is established with GUIDER’s written authorisation and agreement only and no one can claim any right to the translated version. In case of dispute regarding the content or interpretation of these T&C, or in case of conflict, ambiguity, inconsistency or differences between the Russian version and translated version, only the Russian version will prevail, its application being final and binding. The Russian version will be the version used in legal procedures, subject to mandatory provisions.
The cancellation of a statement included in these T&C does not constitute the cancellation of these T&C as a whole, for all that the statement may be considered decisive and substantial, and that its cancellation may cause the general balance of these T&C to be called into question. In case of cancellation of a statement that is considered non-substantial, GUIDER commits to replacing it with an equivalent statement.
14.2 Modifications of the Terms and Conditions
GUIDER maintains that it reserves the right to modify the terms, conditions and notices of the present Terms and Conditions at any time. It is thus advised that the Tourist Guide and User regularly consult the most recent version of the Terms and Conditions available on the Website and Mobile Application. Any Tourist Guide or User who does not accept modifications made to the Website or Terms and Conditions by GUIDER may not access or use the Website and Mobile Application.