Wander Queer

Terms and Conditions

Wander Queer

Terms and Conditions

TRAVELERS BOOKING TERMS

Support

We would like to make your experience of the use of our platform as positive as possible. In the case that you do encounter any problems when using our service, please let us know. We are passionate about offering customer care. Please note that this support is never a legal obligation and that we do not take on more obligations than provided in these terms of use.

Terms of Use

These terms of use – that may be amended at our discretion – apply to all our services that are provided to you online directly or indirectly. By browsing our website, making use of our website and/or making a reservation through our platform you acknowledge and agree that you have read the below terms of use and you agree to these terms of use. We advise you to carefully read the terms of use, so you fully understand the rights and obligations you have in relation to your use of the platform. You can access the terms of use through this hyperlink [Terms and Conditions].

Annotations:

“The annotation on the right contains a short explanation but is not legally binding.”

General

  1. These terms of use (“Terms of Use”) apply to every use made of the platform. On the platform, as developed by Wander Queer, you can find, compare and book travel experiences anywhere in the world (“Platform”).
  2. If you keep using the Platform after the Terms of Use have been amended/supplemented, you unconditionally agree to the amended/supplemented Terms of Use. If you do not wish to accept the amendments and/or supplements, your only remedy is to cease using the Platform.
  3. To the best of its ability, Wander Queer will make efforts to provide the Platform with due care. You accept that the Platform, only contains the functionalities and other characteristics as it contains at the moment of your use (“as is” and “as available”). Each and every use of the Platform is for your own risk and responsibility.
  4. Wander Queer is at all times, without in any way becoming liable to you, entitled to make procedural and technical alterations and/or improvements to the Platform.

In other words:

“Sometimes it is necessary for us to make changes or improvements to our service or to our terms of use. However, we will do everything in our power to make sure your use of the platform goes as smoothly as possible. Please be aware that your use of our platform is for your own risk and responsibility.”

Use of the Platform

  1. In using the Platform, you can view all offers published by organizers (“Organizers”) (which offers are referred to as “Experience Offers”), submit requests (“Requests”) with the Organizers, make a reservation (“Reservation”) for such Experience Offers and write reviews. A Reservation placed through the Platform forms a binding agreement between you and the Organizer if the Organizer accepts your Reservation. Requests, however, are non-binding. If you have any questions, complaints or remarks about an Organizer, an Experience Offer, a Reservation or a Request, you can contact Wander Queer through the Platform.
  2. The Experience Offers are subject to the Organizer’s terms and conditions, as well as all agreements between you and the Organizer. Wander Queer shall never become a party to an agreement between an Organizer and you. We advise you to carefully read the Organizer’s terms and conditions, since they may entail legal obligations and it is your responsibility to adhere to such obligations. Wander Queer accepts no responsibility whatsoever for any decisions made by you based on the content of Wander Queer and/or the Organizers on the Platform, unless stated otherwise in these Terms of Use.
  3. You and the Organizer are solely responsible for the correct performance and execution of a Reservation, which – from your side – includes the correct provision of the required information in making a Reservation. To view, change or cancel your Reservation, please refer to your confirmation email, where you will find all relevant instructions.
  4. You are solely responsible and liable for the content you submit, which includes the reviews you write. Since you are able to upload content to the Platform without restriction, you warrant that this content is lawful and does not infringe upon any party’s intellectual property rights, privacy rights or any other rights and you indemnify Wander Queer from any third party’s claim in this respect. You also warrant that you do not submit content which involves any illegal activities or activities that are contrary to morality or public order, which includes, but is not limited to content that relates to hate speech, is intended to promote or sell drugs or firearms, is violent in any way or qualifies as or transmits unwanted or unsolicited material or content (spam). We do not warrant that your content will be correctly, completely and/or continuously available on the Platform.
  5. Finally, when using our Platform you shall adhere to the following rules. You may not:
  6. use the Platform with a device that contains viruses, Trojan horses, worms, bots or other malicious software that can alter, damage, disable, infect or delete the Platform or make it unavailable or inaccessible;
  7. deliberately involve manual or automated software, devices, or other processes to “crawl”, “spider” or scrape any content on the Platform;
  8. reproduce or decompile the Platform or to apply reverse engineering to it, unless permitted by mandatory law;
  9. remove and/or to circumvent security measures or technical limitations (including limitations to the use) of the Platform.

In other words:

“After you’ve chosen a trip, made a reservation for this trip and entered all of your correct personal data, you will engage in a contract with the actual organizer of the trip. Wander Queer can in no way be held responsible if issues (however unlikely) arise between you and the trip organizer, but we will help you in resolving the issue. Also, you cannot use our platform in any inappropriate way, so no spreading viruses, hacking or spamming etc.”

Prices and Payment

  1. Your use of the Platform is free of charge. Organizers charge their own fees for the Experience Offers. Please be aware that you might owe the Organizer (part of) the fee in case you make a Reservation. We have no influence on, are not involved in and are not liable for your payment of Reservations.
  2. When using the Platform, you will be able to convert the prices of Experience Offers to the available currencies. Such converted prices are indicative. At the moment of payment, the price of the Experience Offer will be converted in real-time to the currency as specified by the Organizer. This amount may differ from the amount displayed at an earlier moment. The price displayed after such real-time conversion will be the amount you are due for the relevant Reservation. The Platform can demand payment in the national currency of the user and the foreign currency claim can be converted based on the current exchange rate at the time the contract is concluded. The Platform can charge the user a suitable conversion charge for this.
  3. Since the Organizers are responsible for the payments terms, you cannot derive any rights from the currencies or payment methods available at a certain moment. Furthermore, Wander Queer is not responsible for and has no influence on the applicable payment terms.

In other words:

“The use of our platform is free of charge. Please be aware that specific payment terms of the organizers apply to payment of the trips.”

IP Rights

  1. All intellectual property rights relating to the Platform, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to knowhow (“IP Rights”), are owned by Wander Queer, its licensors or our Organizers. Nothing in these Terms of Use constitutes the transfer of any IP Rights from Wander Queer to you. You are solely granted a right to use the Platform if you act in accordance with the Terms of Use.
  2. By uploading reviews and other content, you grant Wander Queer a royalty-free, worldwide, non-exclusive, sublicensable and transferable right to reproduce this content and make it available on the Platform, including the right to use (parts of) this content, for promotional purposes and other services in connection with the Platform.
  3. You represent and warrant that you have all rights to grant the licenses as laid down in Article 4.2 of these Terms of Use, without infringing or violating any third party rights, including but not limited to, any privacy rights, publicity rights, IP Rights or any other proprietary rights. You indemnify Wander Queer against any and all third party claims, based upon any alleged infringement of such third party rights in relation to the content you submitted.
  4.  

In other words:

“Please respect our intellectual property rights and the rights of the trip organizers. We do the same with the content you upload; your content will preserve whatever copyright and other IP rights it had when uploading to our platform.”

Privacy

  1. In order to make use of the Platform it is required that you provide Wander Queer with personal information such as your name and e-mail address. The provision of this information is subject to legislation in respect of privacy. Wander Queer only uses your personal data in accordance with the Privacy Policy.
  2. In order to submit a Request or make a Reservation, you may be required to provide personal data to an Organizer. The Organizer is responsible for the processing of such data and shall do so in accordance with its own privacy statement. We shall not be liable for any damages incurred by you due to the processing of your personal data by an Organizer.

In other words:

“We take your privacy very seriously. We only gather (personal) data for the purpose of providing you the service you need. We take appropriate measures to safeguard your personal data. After making a reservation the trip organizer is responsible for handling of your personal information. For more info check out our Privacy Policy.”

Liability

  1. Wander Queer’s liability, whether based upon (attributable) default, unlawful act or any other ground, is limited to direct damages only and shall not exceed the amount of EUR 250 in a contracting year per event (a sequence of events will be regarded as one event).
  2. Direct damage shall solely mean:
    1. Damage to property;
    2. Reasonable expenses incurred to prevent or limit direct damages that could be expected from the event on which is the liability is based, and
    3. reasonable costs incurred in determining the cause of the damage.
  3. Any liability on Wander Queer’s part for damages other than direct damage, including but not limited to indirect loss, consequential loss, loss and/or damage of data or content, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded.
  4. In case you made a Reservation or booked an Experience Offer with the Organizer directly, while you initiated the contact with the Organizer through our Platform and you did not inform us immediately – in every case within five (5) working days and under no circumstances after the date of arrival – about such act outside our Platform, Wander Queer will no longer accept any liability with regard to the Platform or any services provided in relation to the Platform.
  5. The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or wilful recklessness on the part of Wander Queer or its managers (“own actions”).

In other words:

“In the unlikely event of something going really wrong while using our services, we cannot be held liable to pay damages of over EUR 250, except in the unthinkable event of us causing a problem intentionally or acted recklessly.”

Warranties and indemnifications

  1. Except as expressly provided in these Terms of Use, Wander Queer makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity or accuracy of the Platform. Furthermore, Wander Queer does not guarantee that the Platform shall lead to a successful travel experience or to the achievement of any skills, levels and/or experiences related to a particular travel experience.
  2. The conclusion and performance of Reservations, including any payment obligation resulting therefrom, as well as the cancellation of Reservations is the sole responsibility of you and an Organizer. You indemnify Wander Queer from all claims submitted by an Organizer or a third party that relates to Reservations made by you with that specific Organizer, as well as to the payment of such Reservations. However, Wander Queer will provide assistance to you to the best of its abilities in case any issues arise between you and an Organizer in order to resolve those issues.
  3. Notwithstanding the abovementioned, Wander Queer guarantees that you get a refund of what you have paid i) when you cancel your Reservation in conformity with the Organizer’s terms and conditions regarding cancellation, and ii) when your stay is in fact shorter than what was offered by the Organizer in the Experience Offer.
  4. You guarantee that you will not use the Platform in a way that:
    1. infringes the rights of Wander Queer or third parties such as other users or Organizers, including but not limited to IP Rights or rights in relation to the protection of privacy;
    2. is contrary to any current legislation or regulations; or
    3. is contrary to any provision in these Terms of Use.

In other words:

“Sometimes it is necessary for us to make changes or improvements to our service or to our terms of use. However, we will do everything in our power to make sure your use of the platform goes as smoothly as possible. Please be aware that your use of our platform is for your own risk and responsibility.”

Unlawful content

  1. Wander Queer is not responsible for any content made available on the Platform. Wander Queer will only, under the conditions as set out in this article, be obliged to remove or block access to content that is manifestly unlawful or to stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated.
  2. Wander Queer reserves the right to not grant a request to remove or block access to reported content in case it has reasonable grounds to doubt the accuracy of the notification or after a balancing of interests. In such a situation Wander Queer can request a court order from a competent court in Italy to determine whether the material or the activity is unlawful and should be removed.
  3. Wander Queer will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification of unlawful content.
  4. The person that has reported unlawful content indemnifies Wander Queer from all claims of third parties in relation to the blocking or removal of content. The indemnification includes all damages and costs Wander Queer suffers, could suffer or which Wander Queer incur in relation to such a claim, including but not limited to the compensation of legal assistance.
  5. Wander Queer respects and protects the privacy of those who report (alleged) unlawful content. All personal data Wander Queer receives as part of a notification will always be processed in accordance with the applicable privacy legislation and will only be used to process the notification.

In other words:

“Sometimes it is necessary for us to make changes or improvements to our service or to our terms of use. However, we will do everything in our power to make sure your use of the platform goes as smoothly as possible. Please be aware that your use of our platform is for your own risk and responsibility.”

Applicable law and compentent court

  1. The Terms of Use and the use of the Platform are governed by Italian law. Any and all disputes arising from or related any agreement between Parties will be brought before the competent court in Italy.
  2. Wander Queer may transfer rights and obligations arising from these Terms and Conditions to third parties and will notify you of this. The Organizer is not permitted to transfer any right derived from an Account to third parties without Tripaneer’s prior written consent.
  3. If at any time any provision of these Terms and Conditions is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and Conditions and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
  4. These Terms and Conditions and the use of the Platform are governed by Italian law.
  5. Any and all disputes arising from or related to any agreement between Parties will be brought before the competent court in Italy.

In other words:

“We are bound by Italian law and therefore any issues that may arise will be brought before the court of Italy.”

HOST BOOKING TERMS

Support

We would like to make your experience of the use of our platform as positive as possible. In the case that you do encounter any problems when using our service, please let us know. We are passionate about offering customer care. Please note that this support is never a legal obligation and that we do not take on more obligations than provided in these terms of use.

General

  1. In these Terms and Conditions, the terms indicated with a capital, whether single or plural, will have the meaning as stated in Article 13.
  2. These Terms of Use apply to the Organizer’s use of the Platform, all legal acts of Tripaneer and all of Wander Queer’s (other) offers and agreements.
  3. The applicability of any general -, purchase -, delivery – and/or other conditions of the Organizer are excluded, unless set out differently by Tripaneer expressly and in writing.
  4. Wander Queer is entitled to amend or supplement these Terms and Conditions. The most up-to-date Terms and Conditions can always be found on the Platform and the Website. The amended or supplemented Terms and Conditions will be brought to the Organizer’s attention during the Organizer’s use of the Platform. By continuing its use of the Platform, the Organizer accepts the amended Terms and Conditions. If the Organizer does not agree to the amended Terms and Conditions, it can terminate the Agreement and its Account in accordance with Article 8.
  5. Additions to and/or deviations from these Terms and Conditions are only valid when confirmed in writing by Wander Queer.

In other words:

“These terms apply to all legal acts of Wander Queer, the contract we concluded with you and your use of our platform. If any of these terms change you will be informed as soon as possible.”

Account

  1. In order to make use of the Platform, the Organizer shall enter into an Agreement with Wander Queer, to which Agreement these Terms and Conditions apply. To enter into an Agreement, the Organizer shall follow Wander Queer’s registration process. The Organizer warrants that all information provided during this process is up-to-date, correct and complete. If the (company) data submitted by the Organizer is at any point no longer up-to-date, correct or complete, the Organizer shall modify or complete the required data. The Organizer is not allowed to register an Account on behalf of another entity or person.
  2. During the registration process the Organizer is required to enter all information requested by Wander Queer before an Account is created on its behalf, which includes information about cancellation, location, contact information and the Organizer’s terms and conditions, as communicated to the Organizer during its registration.
  3. The Organizer is at all times responsible and liable for the use of the Platform by third parties through its Account. The Organizer indemnifies Wander Queer against any and all damage and costs arising from and/or related to the access to and/or the use of the Platform by third parties through the Organizer’s Account.

In other words:

“In order to make use of our services you need to register and create an account on our website. You are responsible for registering the correct and complete information, and need to update it when it’s no longer up-to-date.”

Use of the platform

  1. If the Organizer complies in full with all obligations pursuant to these Terms and Conditions, Wander Queer will grant the Organizer a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to use the Platform.
  2. To the best of its ability, Wander Queer will make efforts to provide the Platform with due care. The Organizer accepts that the Platform, only contains the functionalities and other characteristics as it contains at the moment of the Organizer’s use (“as is” and “as available”). Each and every use of the Platform is for its own risk and responsibility.
  3. Wander Queer is at all times, without in any way becoming liable to the Organizer, entitled to make procedural and technical alterations and/or improvements to the Platform, including the available payment process.
  4. Each and every use of the Platform is for the risk and responsibility of the Organizer. The Organizer is solely responsible and liable for Content and the storage and processing of the personal data of Users.
  5. Wander Queer may at any time impose quality standards upon the Organizer, including but not limited to standards regarding technical requirements, information level and requirements regarding the Experience Offers and/or services offered by the Organizer to Users. Wander Queer may at any time amend or supplement these standards and can – at its sole discretion – (temporarily) block the Organizer’s Account if these standards are not met.
  6. The Organizer is not entitled to:
    1. make Content available that is in any way unlawful or infringes the rights of Wander Queer and/or third parties, including – but not limited to – IP Rights and rights that relate to the protection of privacy;
    2. reproduce or decompile the Platform or to apply reverse engineering to it, unless permitted by mandatory law;
    3. make Content available that harms the interests and reputation of Wander Queer;
    4. engage third parties to perform any of the abovementioned acts;
    5. deliberately involve false or misleading information; and/or
    6. violate minimum (quality) standards communicated by Wander Queer from time to time.
  7. If, after completing an Experience Offer, a Users experience materially and objectively differed in a negative sense (to be assessed by Wander Queer) from the experience suggested by the Organizer in its Experience Offer due to the Organizers violation of article 3.6e, the Organizer shall refund the total amount paid by the User for the Reservation. In addition, Wander Queer shall be entitled to suspend or delete the Organizers Account or impose additional requirements for subsequent Experience Offers.
  8. Wander Queer reserves the right to modify, refuse or delete Content, in particular in – but not limited to – the events such Content is unlawful or violates any third party right, these Terms and Conditions or legislation or does not meet Wander Queer’s (quality) standards.
  9. If the Organizer is of the opinion that certain content offered by another Organizer or that is otherwise available on the Platform infringes its rights and/or the rights of a third party, the Organizer shall notify Wander Queer thereof.

In other words:

“Wander Queer can in no way be held liable if issues (however unlikely) arise between you and users. This includes for instance your responsibility to make sure their personal data is protected. Any quality standards imposed by us have to be complied with at all times. You have to be honest about the experience you offer: you will have to refund payment if you submit misleading information (for example, you cannot charge any additional fee before or during the experience and your accommodation should meet the specifications you submit). And finally, you cannot use our site in any inappropriate way such as making available content that infringes on the intellectual property of Wander Queer or any third parties, harm the interests of Wander Queer in any way or engage others to do so etc.”

Experience Offers and Reservations

  1. The Organizer acknowledges and accepts that the Experience Offers are automatically processed by Wander Queer and the Organizer itself is solely responsible for (the repair of) any inaccuracies and/or inconsistencies in the Experience Offers displayed in the Platform. The Organizer is fully liable for all claims from Users and/or third parties related to (Reservations made due to) an incorrect Experience Offer and shall indemnify Wander Queer from all claims in this respect.
  2. The Organizer is not entitled to apply higher prices on the Platform than the prices listed on its own website for the same Experience Offers.
  3. The Organizer is entitled to apply its own (booking) terms & conditions to a Reservation. However, the contents of these terms & conditions, as well as the application and enforcement thereof are the sole responsibility of the Organizer. The Organizer’s terms and conditions shall not conflict with any provision of these Terms and Conditions, and the provisions of these Terms and Conditions shall prevail in case of such conflict. Wander Queer reserves its right to reject the applicability of an Organizer’s terms & conditions or specific provisions thereof. In such case, Organizer shall either adjust its terms & conditions as to meet Wander Queer’s requirements or remove the terms & conditions from the Platform.
  4. In case a Reservation is made through the Platform, Wander Queer is responsible only for forwarding the relevant reservation information as submitted by the User and for sending a confirmation (email) to the User.
  5. The Organizer acknowledges and accepts that a Reservation of the User constitutes a binding agreement between the Organizer and User. The Organizer is fully responsible for the implementation and execution of such agreement, including support services/help desk et cetera. However, the Organizer is not permitted to share its contact details with the User. Wander Queer shall never become a party to an agreement between the Organizer and User.
  6. In providing the Platform, Wander Queer provides support to the Organizer’s as well as to the Users. However, Wander Queer can never be held to provide support services to any User regarding a Reservation. If Wander Queer deems it necessary that an Organizer contacts a User regarding a Experience Offer or a Reservation, the Organizer shall immediately do so. If the Organizer’s support services to Users do not meet Wander Queer’s quality standards, Wander Queer is entitled to (temporarily) block or remove the Organizer’s Account.
  7. In case the User cancels a Reservation in accordance with the Organizer’s terms and conditions, the Organizer shall notify Wander Queer of such cancellation as soon as possible. If the Organizer fully reimburses the User for the Reservation, the commission fee (see article 5.2) shall also be reimbursed by Wander Queer. If the Organizer does not fully refund the amount paid by the User for the Reservation, Wander Queer shall be entitled to retain the commission fee.
  8. In case a Reservation has been cancelled and the User has paid through the Platform, the Organizer shall also process the refund through the Platform. Wander Queer is never responsible or liable in case the Organizer processes this refund directly to the User. The Organizer shall be liable for any loss of Wander Queer in the event the Organizer acts contrary to the provisions of this paragraph.
  9. If the Organizer cancels a User’s Reservation due to a cause attributable to the Organizer, the Organizer shall at all times fully refund all amounts paid by the User for the Reservation. In addition, the Organizer shall compensate the User for all other costs and damages incurred in relation to the Reservation. The Organizer is never entitled to deviate from its statutory obligations regarding liability resulting from its for non-performance vis-à-vis a User.
  10. In case the Organizer shortens the Experience Offer for any reason, the Organizer shall offer the User at least a (partial) refund, which refund is proportional to the shortened Experience Offer.
  11. If the Organizer has failed to deliver the package as described in the list on the Website, Organizer shall offer the User at least a (partial) refund.

In other words:

“We process the offers you place on our website automatically, which makes you responsible for the correctness of the information in the offer and liable for any claims that can arise out of incorrect information. If you wish to apply your terms and conditions to agreements with users you should upload them to your account. Any of your offers accepted by the user will result in a binding contract between you and the user, and failures could result in a refund to the user. If an offer is cancelled by a user you should notify us as soon as possible.”

Payment

  1. The use of the Platform by the Organizer is free of charge. When making a Reservation, the User shall be required to pay a deposit, which is a percentage of the total amount of the value of the Reservation. Wander Queer shall be entitled to determine a minimum amount of a deposit to be requested from a User for a specific Reservation.
  2. Wander Queer shall reserve a commission fee for its services, which shall be a percentage of the total price due for a specific Reservation by a User. This commission fee will apply in case the first point of contact between the User and Organizer is through the Platform. The applicable commission percentage shall at all times be indicated to the Organizer before the Organizer publishes a Experience Offer. Wander Queer shall be entitled to adjust the applicable commission, which it shall at all times indicated to the Organizer in advance. The Organizer shall be entitled to remove its Experience Offers and/or its Account if it does not agree with such adjusted commission.
  3. Upon payment of a Reservation through the Platform by a User, Wander Queer shall deduct the commission fee from this amount.
  4. If (part of) the commission fee of Wander Queer is paid directly to the Organizer, Wander Queer reserves the right to withhold the amounts due and payable from future User payments the Organizer has through Wander Queer.
  5. For the transfer of funds paid by Users to the Organizer’s bank account, Wander Queer may incur transaction costs. Wander Queer shall be entitled to charge such costs to the Organizer in accordance with the principles agreed with Organizer in its Account.
  6. Wander Queer may impose requirements in relation to the minimum balance which can be transferred to the Organizer’s bank account per transaction, which requirements shall be set out on the Platform.
  7. Wander Queer cannot be held to make available alternative payment methods on the Platform. Since Wander Queer is entitled to change the payment methods available on the Platform, the Organizer cannot derive any rights from the methods available at a certain moment.
  8. Wander Queer solely enables a User to make payment for a Reservation through its Platform. Wander Queer engages a third party provider to carry out the actual payment and Wander Queer has no influence on, is not involved in and is not liable for the payment of Reservation by a User to the Organizer. If and to the extent a User fails to make payment for a Reservation (in full), resolving such issue shall be the sole responsibility of the Organizer and the User – Wander Queer shall not become a party in such dispute.

In other words:

“We process the offers you place on our website automatically, which makes you responsible for the correctness of the information in the offer and liable for any claims that can arise out of incorrect information. If you wish to apply your terms and conditions to agreements with users you should upload them to your account. Any of your offers accepted by the user will result in a binding contract between you and the user, and failures could result in a refund to the user. If an offer is cancelled by a user you should notify us as soon as possible.”

IP Rights

  1. No transfer of IP Rights is constituted by these Terms and Conditions. The Organizer is solely granted a license as described in Article 3.1. The IP Rights with regard to the Platform and all materials, look-and feel and other texts, images, videos and information made available thereon, including the Website but excluding the Content, are held by Wander Queer or its licensor(s).
  2. All IP Rights in relation to the Content will remain vested in the Organizer. The Organizer acknowledges and accepts that by making the Content available, it automatically and free of charge grants Wander Queer an unlimited, worldwide, non-exclusive, sublicensable and transferable right to reproduce the uploaded Content and make the Content available on the Platform, including the right to use (parts of) the Content, the Organizer’s name and/or logo for promotional purposes and other services in connection with the Platform.
  3. The Organizer shall refrain from any act that infringes the IP Rights of Wander Queer, including – but not limited to – the registration of domain names, trademarks or Google Adwords that are identical or similar to any object to which Wander Queer holds IP Rights, as well as the reproduction, modification, reverse engineering or publishing of the Platform, including the Website, for other purposes than those listed in the Agreement or those permitted by mandatory law.
  4. The Organizer is not permitted to remove, make illegible, hide or modify notifications or statements with regard to IP Rights.

In other words:

“We respect your intellectual property rights relating to the content you upload. We ask you to do the same relating to the materials , texts, images etc. on our website as well as our domain names, trademarks and Google AdWords registrations.”

Personal Data

  1. By creating its Account and by using the Platform, the Organizer may provide personal data to Tripaneer. Tripaneer shall process such data in accordance with all legal obligations regarding the processing of personal data. Tripaneer only uses your personal data in accordance with the Privacy Policy.
  2. In using the Platform, the Organizer may receive personal data of Users. The processing of such personal data is the sole responsibility of the Organizer. The Organizer warrants that it shall at all times comply with laws and regulations regarding the processing of personal data. The Organizer indemnifies Tripaneer from all claims of Users and/or third parties which are in any way related to the processing of personal data by the Organizer.

In other words:

“We take the privacy of our users very seriously. We only gather (personal) data for the purpose of providing you the service you need. After a user accepted one of your offers and you receive personal data from a user, correct handling and storage of that data – compliant with data protection laws – is your responsibility. For more info check out our Privacy Policy.

Duration and termination

  1. The Agreement between the Organizer and Wander Queer shall commence when the Organizer creates its Account. The Organizer may, at any time terminate the Agreement, by requesting Wander Queer to remove its Account. In addition, the Organizer can at all times unpublish its Account, in which case its Account and Experience Offers shall no longer be available to the Users.
  2. The Organizer acknowledges and accepts that the termination of the Agreement has no effect on any Reservation made by Users and that the Organizer shall remain responsible for correctly implementing such Reservation(s).
  3. In the event of termination of the Agreement, there will be no reversal of that which Wander Queer has already delivered and/or carried out, unless the Organizer proves that Wander Queer is in default in respect of the material part of such performance.
  4. Wander Queer is at all times entitled to restrict the use of or terminate the Organizer’s Account if there are grounds to do so according to Wander Queer. Wander Queer shall not become liable to pay any compensation to the Organizer in such cases. Wander Queer shall, in particular, invoke this right if Wander Queer is of the opinion that i) the quality of the Organizer’s service towards Users is substandard, ii) if Wander Queer receives notice or has knowledge that Content infringes upon or violates the IP Rights and/or any other rights of a third party, or iii) the Organizer violates any (other) provision of these Terms and Conditions.
  5. In the event the Agreement is terminated, for whatever reason, Wander Queer remains entitled to use the Content submitted by the Organizer. Wander Queer will however, upon the first request of the Organizer, remove or (where applicable) anonymize the Content.
  6. All clauses of these Terms and Conditions that are to their nature intended to survive termination, in particular Article 5 (Payment), 6 (IP Rights), 7 (Personal data), 9 (Liability), 11 (W&I) and 13 (Miscellaneous) shall survive such termination.

In other words:

“You can terminate our agreement at any time by requesting us to delete your profile or by unpublishing your account. Systematically rerouting users to your own website to conclude an agreement without Wander Queer’s involvement may be a reason to terminate or suspend your account. Please note that some of your obligations to the users still have to be fulfilled after terminating the agreement. In case you do not live up to one or more of our terms, we are entitled to terminate or suspend your account.”

Liability

  1. Wander Queer’s liability, whether based upon (attributable) default, unlawful act or any other ground, is limited (i) to direct damage only, and (ii) per calendar year to the total amounts paid for the use of the Platform in the twelve (12) preceding months of that particular calendar year. However, in no event shall Wander Queer’s total, aggregate liability exceed EUR 5.000,=.
  2. Direct damage shall solely mean:
    1. property damages;
    2. reasonable expenses that the Organizer would have to incur to make Wander Queer’s performance conform to the Terms and Conditions;
    3. reasonable expenses incurred by you to determine the cause and scope of the damage, insofar as the determination relates to direct damage within the meaning of these Terms and Conditions; and
    4. reasonable expenses incurred to prevent or mitigate damage, insofar as they relate to direct damage within the meaning of these Terms and Conditions.
  3. Any liability on Wander Queer’s part for damages other than direct damage, including but not limited to indirect loss, consequential loss, loss and/or damage of Content, loss of data/software, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded.
  4. The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or wilful recklessness on the part of Wander Queer or its managers (“own actions”).

In other words:

“In the unlikely event of something going really wrong while using our services, we cannot be held liable to pay direct damages of more than the total amount of fees paid to us in the preceding 12 months. In any case the amount of damages to be paid shall not exceed EUR [….].”

Warranties and indemnifications

  1. Except as expressly provided in these Terms and Conditions, Wander Queer makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity or accuracy of the Platform, nor the continued and correct availability of the Platform or the Content, or the constitution of any agreements. Furthermore, Wander Queer does not guarantee that the Platform shall lead to successful travel experiences or any good and/or lawful behavior by Users or any behavior according to the terms that apply between the Organizer and Users.
  2. The Organizer is fully responsible and liable for the conclusion and performance of agreements between the Organizer and a User, including any payment obligation of a User related to any Reservation. The Organizer indemnifies Wander Queer from all claims of Users that relate to any agreement.
  3. The Organizer is liable for and indemnifies Wander Queer from any damages and costs which Wander Queer suffers or makes as a result of (i) an attributable breach by the Organizer of the Agreement or any other agreement between the Organizer and Wander Queer, such as these Terms and Conditions, (ii) an (alleged) infringement of IP Rights or any other rights by the Organizer, including the rights of Users with respect to privacy, (iii) any use the Organizer makes of the Platform or (iv) an unlawful act. All costs and damages that in any way relate to such a claim will be reimbursed by the Organizer.
  4. The Organizer warrants that:
    1. it has the full legal power and authority to enter into the Agreement and shall use the Platform under the conditions as set out in these Terms and Conditions;
    2. it has the full legal power and authority make the Content available through the Platform and provide the license as mentioned in Article 3.1;
    3. the Content is correct, complete, unencumbered and not limited or restricted by any third parties’ rights, including IP Rights;
    4. the Content is not infringing upon any third parties’ rights, including IP Rights, and that the use of the Content is not in any other way unlawful towards third parties;
    5. the Experience Offer complies with all laws and regulations and gives a correct representation of the actual trip offered by the Organizer;
    6. it shall at all times comply with these Terms and Conditions.

In other words:

“Even though we make sure your experience using our services is as good as possible, the use of our platform is for your own risk and responsibility. You are fully responsible and liable for the conclusion and performance of your offers and agreements. You shall compensate us for any damage we suffer attributable to any kind of breach on your part.”

Unlawful content

  1. Wander Queer is not responsible for any content made available on the Platform. Wander Queer will only, under the conditions as set out in this article, be obliged to remove or block access to content that is manifestly unlawful or to stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated.
  2. Wander Queer has established a procedure, by which any alleged unlawful content available on the Platform can be reported to Wander Queer. This can be done by flagging the specific content as unlawful, whereupon Wander Queer shall receive a notification.
  3. Wander Queer reserves the right to not grant a request to remove or block access to reported content in case it has reasonable grounds to doubt the accuracy of the notification or after a balancing of interests. In such a situation Wander Queer can request a court order from a competent court in The Netherlands to determine whether the material or the activity is unlawful and should be removed.
  4. Wander Queer will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification of unlawful content.
  5. The person that has reported unlawful content indemnifies Wander Queer from all claims of third parties in relation to the blocking or removal of content. The indemnification includes all damages and costs Wander Queer suffers, could suffer or which Wander Queer incur in relation to such a claim, including but not limited to the compensation of legal assistance.
  6. Wander Queer respects and protects the privacy of those who report (alleged) unlawful content. All personal data Wander Queer receives as part of a notification will always be processed in accordance with the applicable privacy legislation and will only be used to process the notification.

In other words:

“In case someone uploads content that harms your (privacy) rights or the rights of others, you or a user can notify us of this content and we may remove or block access to that content.”

Miscellaneous

  • Wander Queer may transfer rights and obligations arising from these Terms and Conditions to third parties and will notify you of this. The Organizer is not permitted to transfer any right derived from an Account to third parties without Wander Queer’s prior written consent.
  • If at any time any provision of these Terms and Conditions is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and Conditions and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
  • These Terms and Conditions and the use of the Platform are governed by Italian law.
  • Any and all disputes arising from or related to any agreement between Parties will be brought before the competent court in Italy.

In other words:

“We are bound by Italian law and therefore any issues that may arise will be brought before the court of Italy.”

Definitions

In these Terms and Conditions, the following terms, indicated with a capital, whether single or plural, will have the following meaning:
Account
as a result of the registration process, the personal, secure environment of the Organizer, accessible through the Website after entering Login Details, which can be published/unpublished by the Organizer and through which environment the Organizer can make available its Experience Offers to Users;
Agreement
the agreement between the Organizer and Wander Queer, on the basis of which the Organizer can use the Platform and to which these Terms and Conditions apply;
Content
all information made available by an Organizer on the Platform, including its Account, Experience Offers, business details, comments, look and feel and other information;
IP Rights
all intellectual property rights and associated rights, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to knowhow;
Login Details
the combination of the username and password generated when entering into the Agreement, with which the Organizer can access its Account;
Reservation
the binding agreement between an Organizer and a User regarding the purchase of one or more Experience Offers, which comes in effect after the acceptance of an Experience Offer by a User, subject to the Organizer’s terms and conditions;
Organizer
the party that wishes to offer its Experience Offers to Users and has, to that end, entered into an Agreement, created an Account and has accepted these Terms and Conditions;
Party/Parties
the Organizer and/or Wander Queer;
Platform
Wander Queer’s travel experience platform, where the Organizer can create an Account and make available its Experience Offer to Users, whereupon Users can make Reservations with regard to specific Experience Offers;
Privacy Policy
the privacy policy of Wander Queer that can be accessed through the following hyperlink [Terms and Privacy];
Wander Queer
the limited liability company Wander Queer B.V., incorporated under the laws of the Italy, having its statutory seat in Italy and its office at (1017 AZ) Singel 542, Italy;
Terms & Conditions
these terms and conditions of Wander Queer;
User
the individual that makes use of the Platform and is able to, among other things, view the Organizer’s Experience Offers and make Reservations;
Experience Offer
a specific vacation, holiday or trip published on the Platform as an offer, which vacation, holiday or trip can be bought by a User by making a Reservation;
Website
all websites related to Wander Queer including all underlying web pages.

In other words:

“We are bound by Italian law and therefore any issues that may arise will be brought before the court of Italy.”