Thank you for visiting Yonderbound! Please read the Terms and Conditions contained on this page carefully since any use of this Website constitutes your acceptance of the Terms and Conditions set out herein. "You" refers to any person accessing and/or using this Website.
These pages, the content and infrastructure of these pages, and the online reservation services provided on these pages and through the website (the "service") are owned, operated and provided by Yonderbound Ltd ("Yonderbound", "us", "we" or "our") or its authorised representatives or providers and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below. Please note that we may use inventory or providers directed to us by other third party agents or intermediaries.
The usage of Yonderbound Monetization Service is subject to the terms and conditions set out in the Yonderbound Monetization Service Policy located on this Website.
Through Yonderbound we provide an online platform through which providers can advertise, by uploading, their products for direct booking or reservation (or through bookings or reservations made through other intermediaries), and through which visitors to the Website can make such bookings, reservations or enquiries. References to 'providers' in the Terms and Conditions means to the providers of the accommodation, travel services, tours and activities with whom you wish to book through the Website.
You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and that they comply with them.
By closing a reservation or making a booking through Yonderbound you will have a direct contractual relationship with the provider with whom you book. We (or other intermediaries) act solely as an intermediary between you and the provider by transmitting the details of your reservation that you have entered into the Website booking engine to the relevant provider or their appointed intermediary and sending you a confirmation email, together with collecting payments from you to pass to the providers, for and on behalf of the provider. The user also confirms that they are at least 18 years old and have full legal authority to enter into any arrangements with providers through the Website. The user agrees to be financially responsible for its use of the Website and for any bookings it makes with providers.
When providing the Website services, the information that we include is based on the information provided to us by the providers. Although Yonderbound will use all reasonable skill and care in providing the Website, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information.
Each provider remains responsible at all times for the accuracy, completeness and correctness of the information (including the descriptions, rates and availability) displayed on our website. Yonderbound does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of any provider made available. All services shown on the Website are subject to availability. Yonderbound is not liable for any omissions, errors, lack of or incorrectness of any information (or part thereof) contained on the Website. Hotel ratings, hotel information, maps, images, tour and activity information displayed on the Website are intended as a guideline only and are not binding upon us in any way.
Yonderbound and/or any other party involved in the creating, producing or delivering this Website shall have no responsibility to maintain the material and services made available on this Website or to supply any corrections, updates, or releases in connection therewith. Any material on this Website is subject to change without notice.
Our service is free of charge to you. Unlike many other parties, we will not charge you for our service or add any additional (reservation) fees to the provider rate. We will only process payments from your credit card to pay the provider for your booking through the payment booking engine on our Website. The payment booking engine that is connected to the Website is integrated with security encryption for the information provided by you into the payment gateway.
By making a reservation with a provider, you accept and agree to the relevant cancellation and no-show policy of that provider (as confirmed to you at the time of booking), and to any terms and conditions of the provider that may apply to your reservation or during your stay, including for services provided and/or products offered by the provider. The terms and conditions of a provider can be obtained from the relevant provider and these will govern the terms of supply of that provider's services. Please note that, due to the rates and terms that we have secured with the providers (or through their intermediaries) for the purposes of offering certain rates and terms to you for booking, that the cancellation policies or terms relating to a provider would be as specified at the time of booking and may differ from the provider's standard cancellation terms which may apply when the provider offers its services at different rates. Please do not assume that the provider's standard cancellation terms apply, as the cancellation or other terms relevant to your booking made through the Website may differ from the provider's standard terms and therefore such terms will be as confirmed to you at the time of booking. These Terms and Conditions, and any other specific cancellation terms applicable to a provider for the rates offered through the Website and confirmed at the time of booking, will prevail over any standard or other terms and conditions.
The general cancellation and no-show policy of each provider is made available on our Website at the provider information pages, during the reservation procedure and in the confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change and will be governed by the relevant provider's terms and conditions as confirmed to you at the time of booking. Please check the accommodation details thoroughly for any such conditions prior to making your reservation. Some accommodation is allocated by hotels upon check-in, at the hotels' discretion, therefore any special requests for room allocations will be forwarded as part of your booking details to the provider, but there is no guarantee that any such special requests will be complied with by the provider. Most hotels have a normal check-in time of 15:00pm hours and check-out time from 11:00am. If you will be arriving late at your destination accommodation, then this information must be provided to the provider at the time of booking, to ensure that the provider can accommodate your arrival time. Should you fail to do so then the hotel may resell the room and might not be able to accommodate you upon your arrival. Concerning the activity tours and excursions, information such as cancellation policy and validity period are stated on the product page on the Website. We encourage you to read the supplier's information before proceeding to booking. Yonderbound carries out checks from time to time to ensure the accuracy of the product data, however Yonderbound shall not accept any responsibility for, nor any liability in connection with, the accuracy of the product data displayed on the Website.
Yonderbound will issue to you your booking confirmation and accommodation and activity voucher once the booking has been finalized and your payment bas been processed in accordance with these Terms and Conditions. The booking confirmation will show that payment has been taken through our connected payment gateway included in the functionality of our Website, as Yonderbound Ltd. Your voucher confirming details of your accommodation and activity booking will show the name of the provider with whom your booking has been made.
Please be aware that hotels are under renovation from time to time. Hotels take all possible steps to limit disruption to their guests. We will not be liable to you in relation to any complaints or requests for refunds if a hotel is carrying out renovations whilst a guest is resident and any such issues are entirely a matter for you and the provider to rectify between you.
Group bookings cannot generally be processed through the Website, however if they are available then they are subject to longer cancellation terms and early repayment. You will be advised of the particular terms for each group booking at the time of booking. Should you fail to comply with payment deadlines, bookings will be cancelled and we will not be able to accept any subsequent claims and/or complaints from you if the cancellation is for this reason. Generally, a party of 10 is regarded as a group booking, although this may differ between providers. If you book more than 10 people as separate reservations through the Website in order to avoid making one group booking, then a hotel might (upon discovering this) refuse to honour these reservations at the rates provided (or at all) and either cancel the reservations or impose higher or aggravated rates and/or terms, at their sole discretion. You should therefore not make group bookings by splitting them into different singular reservations. We will have to abide by the decision of the hotel, therefore we will not be liable to you in the event of any cancellation or other fees or charges imposed, or for any other liability.
When we display prices on our Website, these will be displayed in one of the currencies that the Yonderbound Website accepts payments (as detailed below). This may not be the currency of your home country.
Please note that if you have received a discount or voucher code which entitles you to a discount on the rates available on the Website, then any such code must be entered prior to any searches for accommodation being carried out, to ensure that the correct rates are displayed. Use and/or redemption of any relevant discount or voucher code can only be done through the Website and a user (whether a visitor user or a registered user) cannot use more than one code at the same time.
If you wish to redeem any Yondercredits for your booking, please follow the procedure in the Monetization Terms to do so.
Once you have made your payment to Yonderbound through the payment gateway, we will hold those monies on behalf of the provider with whom you have booked until such time as those monies are due to be paid to those providers, less any commission due to us payable by those providers in respect of that booking.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Your confirmation email will provide a link to the cancellation page on the Website. If you are a visitor user, then you will need to insert your booking reference and name on the webpage that you are taken to from the link in the confirmation email in order to cancel your booking. If you are a registered user, you will be directed to your private area on the Website in order to cancel your booking by indicating this against the booking details in your private area on the Website. Once we receive your request to cancel your booking through the Website, we will forward your cancellation request to the relevant provider. Cancellation deadlines will differ for each provider and if you seek to cancel a booking past the cancellation deadline, then the provider may impose a cancellation charge equivalent to 100% of the booking amount. Cancellation may be free if you cancel your booking within the deadlines stated by the provider, which would entitle you to a refund of monies paid. However, if your cancellation is outside of these deadlines, or it has incurred a cancellation charge, then you may not be entitled to a refund, or only part of a refund, in accordance with the provider's cancellation and no-show policy and/or terms and conditions. We recommend that you read the cancellation and no-show policy and terms and conditions of the provider carefully prior to making your reservation. Once we have received confirmation from the provider that it has cancelled your booking, and then we will confirm this back to you via email.
If there is no specific cancellation policy stated on the voucher, the following charges apply:
- if you cancel up to 7 calendar days in advance: full refund
- if you cancel 6 to 0 calendar days before the booking date or no show: no refund
If a hotel overbooks itself, it will offer alternative accommodation for you. We will advise you as soon as we are notified by the provider, and you will be free to accept or decline and cancel the reservation within 24 hours. We will have no liability to you and/or others travelling in your group other than to communicate details of any overbooking or cancellation to you. Any requests for amendments or cancellations of bookings must be done through us and NOT the providers directly. Any issues relating to any overbooking or cancellation where you are requesting any form of refund or compensation from the provider relating to an amendment or cancellation communicated through us, must be directed to the provider directly, who is entirely responsible for any such payments to you, in accordance with its applicable booking conditions. All or any refunds that may be issued by a provider will only be made to you if we receive a refund (or authority to refund) from the provider directly.
In the event of any dispute between the user and a provider, this must be dealt with between you and the provider, as your booking is with them. If you have a problem whilst you are staying at your booked accommodation, you should bring this to the immediate attention of the provider in order to give them the opportunity to investigate and rectify your complaint. If you fail to follow this procedure, there will be less opportunity to investigate and rectify a problem. If you wish to complain upon your return home, then please contact us and the provider directly within 28 days. We will try and assist you if you wish, however we shall not be liable to you in respect of any payments or other matters in connection with your complaint. Any amounts of compensation, refunds or other monies that you may be entitled to shall be governed by the provider's own booking terms and conditions subject to any specific terms applicable to rates agreed for providing accommodation through the Website, in which case these Terms and Conditions and any such terms applicable to the rates and cancellation / refund terms confirmed at the time of booking shall prevail.
Any refunds due to you in accordance with the terms applicable to your booking as mentioned in these Terms and Conditions will be processed manually by us and we will notify you when the refund has been processed.
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the providers accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date. You should also check with your own doctor for your specific circumstances and all health formalities and requirements for your trip.
All copyright, trademarks and other intellectual property rights in all text, images and other materials or content on this Website are the property of Yonderbound (or its licensors or approved third parties and are included with the permission of the relevant owner).
You are permitted to browse this Website, reproduce extracts by way of downloading, printing, sharing or for the purposes of distribution to other individuals for personal and non-commercial use (unless otherwise agreed in writing with Yonderbound for commercial arrangements). No reproduction of any part of this Website may be sold, distributed or otherwise made available for commercial gain nor shall it be modified or incorporated (in original or modified form) in any other work, publication, materials or Website or content (in whatever format) without the written permission of Yonderbound.
Reproducing our content
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download, collect or reproduce any content or information, software, products or services or content / functionality available on or within our Website for any commercial or competitive activity or purpose.
Brand and trademarks
The trademarks, logos, characters, graphic design and service marks (collectively "Trademarks") displayed on this Website belong to Yonderbound Ltd (or its licensors). Nothing contained on this Website should be construed as granting any license or right to use any Trademark displayed on this Website or within our or out third party licensor's content. Your use/misuse of the Trademarks displayed on this Website, or on any other content on this Website, except as provided for in these Terms and Conditions, is strictly prohibited. You are also advised that Yonderbound will enforce its intellectual property rights to the fullest extent of the law.
Links on Yonderbound may take you outside the Yonderbound website and systems, and Yonderbound accepts no responsibility for the content, accuracy or function of these other third party websites, including (but not limited to) any viruses, Trojan horses, or other tracking devices used or contained within third party websites, applications or other functionality. All links are provided in good faith and Yonderbound cannot be held responsible for any subsequent change in other third party websites to which we provide a link or which customers link. The inclusion of any link to other websites does not imply endorsement by Yonderbound. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit following a visit on Yonderbound.
Transmission to Yonderbound
Any non-personal communication or material you transmit to this Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Yonderbound and may be used for any purpose, including but not limited to, broadcast, reproduction, publication, transmission, and posting. Furthermore, Yonderbound is free to use for any purposes (including but not limited to the developing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to Yonderbound. Any such use is without compensation to the party submitting information. By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that Yonderbound use will not violate any third party's rights (including, but not limited to, third party intellectual property rights) or otherwise place us in breach of any applicable laws. Yonderbound is welcoming the interaction of its customers but is not, on the other side, under any obligation to use the information submitted (although we appreciate you sharing it with us). Yonderbound also reserves the right to remove (permanently or temporarily) any contents or materials submitted to the website, in its entire discretion. This may be due to Yonderbound. Receiving feedback from a user of the Website (for example, where someone has clicked the 'Report Abuse' button on the Website) or any other third party, or following its own assessment of content.
Warranties and Disclaimers
Your use of this Website is at your own and exclusive risk. This website is provided to you on an "As Is" and "As Available" basis and, consequently, Yonderbound gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of satisfactory quality and fitness for a particular purpose) including warranties or representations that material on this Website will be complete, accurate, reliable, timely, non-infringing to third parties, that access to this Website will be un-interrupted or error-free or free from viruses, that this website will be secure, that any advice or opinion obtained from Yonderbound through its Website, facebook, google +, twitter page or any other social media or other application or portal is accurate or to be relied upon and any representations or warranties thereto are accordingly expressly disclaimed.
We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any providers featured on our Website, of any other third party.
You are entirely responsible for assessing the suitability of the Website and the services / accommodation offered through the Website, including the providers featured on the Website and we make no guarantee or representations in relation to the providers featured, and/or the accommodation or services featured on the Website.
We shall not be in breach of these Terms and Conditions, nor liable to you due to our failure, delay or inability to fulfil any booking or performance of any obligation under these Terms and Conditions by reason of any circumstances or events outside of our control, including (but not limited to), fire, earthquake, flood, adverse or severe weather conditions, epidemic, explosion, strikes, riot, civil disturbance or commotion, war, act of God, any failure of any transportation, power of communications systems, non-performance by providers or sub-contractors or any other similar or analogous events.
Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Please check your local laws.
We reserve the right to restrict, suspend or terminate without notice your access to this Website or any feature of this Website or any feature or part thereof at any time, for any reason.
To the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Website and/or its contents shall be liable for: (1) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss or damage to data, loss of or damage to goodwill or reputation, loss of claim, (2) any inaccuracy relating to the information (including, but not limited to, descriptions, rates, availability and ratings) of the provider as made available on our Website, (3) the services provided or the products offered by the provider, (4) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Website, or (5) for any liability (including personal injury, death, property damage, or other (direct, indirect, special, consequential or punitive damages, losses or costs) suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the provider (its employees, directors, officers, agents, representatives, affiliated companies or providers), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Yonderbound shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses or other devices or technologies that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this Website. If you choose to download material from this website (in accordance with these Terms and Conditions) you do so at your own risk.
To the maximum extent permitted by applicable law, you expressly waive all claims against Yonderbound, its officers, directors, employees, providers and programmers that may arise from your use or access of this Website.
You agree to defend and indemnify us from and against any claims, causes of action, demands, recoveries, losses, damages or other costs or expenses brought by third parties as a result of your breach of these Terms and Conditions, or other documents referred to herein, your violation of any law or the rights of a third party or your use of this Website.
You are prohibited from doing any act that Yonderbound in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:
Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual's consent) or any other of the legal rights of individuals, including (but not limited to) the copyright, trademarks or other intellectual property rights of a third party;
Using this website to defame, libel or otherwise make any derogatory comment or view of Yonderbound, its employees or other individuals or providers / third parties or acting in such a way that brings into disrepute the good name of Yonderbound or other providers / third parties;
Uploading files that contain viruses or other damaging technologies that may cause damage to the property of Yonderbound (including the Website) or the property of other individuals, or that would cause damage, interference or disruption to all or any part of the Website or services of Yonderbound or its providers;
Using the Website in any way that breaches any applicable local, national or international law or regulation, or in a way that is unlawful or fraudulent, or has an unlawful or fraudulent purpose or effect;
Using the Website in any way that harms or attempts to harm others in any way;
Using the Website to send, upload, download, use or re-use any material which does not comply with the standards set out in these Terms and Conditions; and
Posting or transmitting to this Website any non-authorised material including but not limited to material that is in our opinion likely to cause annoyance, detrimental to or in violation of Yonderbound or third party systems or network security, defamatory, racist, obscene, threatening, pornographic or otherwise unlawful.
You warrant that any contribution made and/or material uploaded complies with these standards and you agree to indemnify us for any breach of that warranty.
Jurisdiction and governing law
Yonderbound makes no representations that the material and information on this website are appropriate or available in all national locations or languages.
The original English version of these Terms and Conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these Terms and Conditions or inconsistency or discrepancy between the English version and any other language version of these Terms and Conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our Website (by selecting the English language) or shall be sent to you upon your written request.
If any provision of these Terms and Conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms and Conditions.
Unless stated otherwise, the software required for our services or available at or used by our Website and the intellectual property rights (including the copyrights) of the contents and information of and material on our Website are owned by Yonderbound Ltd or providers.
All of our services are rendered by Yonderbound owned by Yonderbound Ltd, which is a private limited liability company, incorporated under the laws of United Kingdom and having its offices at 65 COMPTON STREET, London UK, where any notices should be served.
You and Yonderbound agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by English law and be submitted to the exclusive jurisdiction of the courts of England and Wales.
Legal notice update and terms
We reserve the right to make any changes and corrections to these Terms and Conditions. Please refer to this page from time to time to review these and new additional information, which will apply to your continued use of the Website (including any bookings made through the Website) and operation of your account where you are a registered user.
These Terms and Conditions and any documents or policies referred to herein shall govern the entire relationship between the parties to the exclusion of any other terms.
It is not the intention of the parties to confer any rights on any third parties by virtue of these Terms and Conditions and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions.
Yonderbound operates the Internet Booking Platform www.Yonderbound.com ("Yonderbound Booking Platform"), offering sightseeing tours and other touristic services and leisure activities. Users of the Yonderbound Booking Platform ("Platform User") may view offers from suppliers on the platform and make bookings directly with the supplier. Yonderbound takes the role of an intermediary between the Platform User and the Supplier.
Yonderbound is not a contracting party between the Platform User and the Supplier for the Supplier Services (as defined below) to be provided by the Supplier to the Platform User.
Object of these Supplier Terms of Business is to set out the relationship between the Supplier and Yonderbound, the Supplier's registration to, and the use and provision of the Yonderbound Booking Platform, on the terms of these Supplier Terms of Business. Except as set out in these Supplier Terms of Business, Yonderbound has no further obligations or liabilities to the Supplier or Platform Users. In order to allow a correct execution of bookings on Yonderbound, the booking process through the Yonderbound Booking Platform by a Platform User is defined in detail in this document.
The Supplier offers sightseeing tours or other touristic services under his own name/brand. He seeks to register on the Yonderbound Booking Platform in order to promote his services on the Yonderbound Booking Platform to Platform Users, for such Platform Users to book such services directly with the Supplier ("Supplier Services").
1.1 The terms and conditions set out in these Supplier Terms of Business exclusively form the constituent part of the contractual relations between Yonderbound Ltd (company number 08601580) ("Yonderbound") and the supplier who submits an application to Yonderbound (the "Supplier"), in accordance with clause 2 of these Supplier Terms of Business, to be registered on the Yonderbound Booking Platform in order to promote and sell its Supplier Services to Platform Users in accordance with these Supplier Terms of Business ("Registration") to the exclusion of any other terms that the Supplier seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.2 Registrations shall constitute an offer by the Supplier for Yonderbound to register the Supplier on the Yonderbound Booking Platform in order for the Supplier to promote and sell its Supplier Services to Platform Users in accordance with these Supplier Terms of Business.
1.3 Yonderbound shall be under no obligation to accept the Supplier's Registration and Yonderbound shall have the right to reject the Supplier's Registration without stating any reason for such rejection. The Registration shall only be deemed accepted when Yonderbound activates the Supplier's Supplier Services on the Yonderbound Booking Platform in accordance with clause 2, at which point the contract between Yonderbound and the Supplier for Registration of the Supplier in accordance with these Supplier Terms of Business (the "Agreement") shall come into existence ("Commencement Date").
1.4 By submitting a Registration to Yonderbound the Supplier agrees it shall be bound by these Supplier Terms of Business.
2.1 The Supplier conducts the Supplier Services on his own responsibility. The Supplier wishes to register on the Yonderbound Booking Platform and to promote the Supplier Services on the Yonderbound Booking Platform in order for Yonderbound Users to book the Supplier Services directly with the Supplier, subject to the Supplier and the Supplier Services being acceptable to Yonderbound.
2.2 The Supplier represents and warrants to Yonderbound that:
2.2.1 the information which it has provided to Yonderbound, including the information provided during the registration process and any Supplier Content uploaded to the Platform, is complete, accurate, complies with applicable laws and up-to-date in all respects;
2.2.2 the Supplier Services offered through the Yonderbound Booking Platform, including any Supplier's equipment used in the provision of the tour or activity provided to Platform Users ("Supplier Equipment") are and will remain throughout the term of the Agreement of a standard which is suitable and appropriate for the Platform Users booking such Supplier Services and compliant with all relevant laws, health and safety regulations and guidance applicable to the Supplier Services and Supplier Equipment;
2.2.3 all vehicles and vessels used in the performance of the Supplier Services, whether its own or belonging to sub-contractors, comply with all applicable national and local laws, regulations, rules, codes and other legal requirements in the country in which such vehicles are used in the performance of the Supplier Services;
2.2.4 all vehicles are fit for purpose, roadworthy and, regardless of local law have safety devices, such as airbags and/or seatbelts (where they are fitted) that are operational. As a minimum requirement, seatbelts must be fitted for any seats in the front of the vehicle;
2.2.5 all boats or ships used in the provision of the Supplier Services are equipped with fully operational ship to shore and ship to ship radio and have sufficient, good condition life-jackets or life-preservers distributed in obvious and accessible positions to ensure that every passenger can access them in the event of an emergency, even where such boat or ship were carrying its maximum capacity;
2.2.6 all drivers of vehicles and vessels at all times are suitably qualified for the type of vehicle or vessel being driven and hold all relevant licences, including but not limited to a full, clean driving licence for vehicles and shall comply with all applicable national and local laws, regulations, rules, codes and other legal requirements in the country in which such vehicles or vessels are used in the performance of the Supplier Services relating to driving standards in any way, including for the avoidance of doubt but not limited to, all those relating to alcohol consumption and drug use;
2.2.7 the Supplier Equipment is and will remain throughout the term of the Agreement free from defects; and
2.2.8 the Supplier has the capacity and is duly authorised to enter into the Agreement.
2.3 The Supplier may apply to register directly on the Yonderbound Booking Platform. Yonderbound may also actively enlist suppliers to register their services on the platform. After the Supplier has completed the registration and product upload to the Yonderbound Booking Platform, Yonderbound will check the eligibility of the Supplier Services and of the Supplier prior to accepting the Supplier on to the Yonderbound Booking Platform and its Supplier Services being displayed on the Yonderbound Booking Platform for sale to Platform Users.
2.4 To complete the Registration application, the following information will be required:
Service Fee: Yonderbound will also negotiate a service fee with the supplier, payable in accordance with clause 13.
Company Registration/Business License: Yonderbound only accepts registered businesses as suppliers.
Insurance Policy/Waiver: All Suppliers must be insured. During the Registration process the Supplier will be required to provide details of its Insurance Policy.
See more information in clause 5.
2.5 Yonderbound will activate the Supplier's Supplier Services on the Yonderbound Booking Platform, after positive conclusion of the eligibility check, as determined by Yonderbound in its sole discretion.
2.6 In the course of registration on the Yonderbound Booking Platform, the Supplier accepts the terms set out in this Agreement.
The Yonderbound Booking Platform is provided in English. Yonderbound's goal is to have the world's largest collection of actionable travel stories, which include hotels, tours, activities, and things to do. Yonderbound tries to have a very comprehensive product offering, yet the composition of the product offering is at Yonderbound's sole discretion, concerning the touristic service itself, as well as the geographical distribution of products.
Platform Users will have the opportunity to view products without prior registration to the Yonderbound Booking Platform. If the Platform User is interested in a specific product, he will register and purchase a Yonderbound coupon through the Yonderbound Booking Platform to make a booking with the Supplier for the Supplier Services of interest ("Voucher"). The Platform User enters into a contract with the Supplier for the provision of the Supplier Services at the point the Voucher is issued. The Yonderbound Booking Platform will automatically send emails to the Platform User and the Supplier to keep them updated about the booked Supplier Services. The Platform User will need to arrange an appointment with the Supplier to set the date and time of the event, if applicable.
The Voucher is valid for one year from the purchase date. After the year the Voucher will be expired.
The credit card payment of the Platform User is collected upon the purchase of the Voucher.
The Platform User and the Supplier shall enter into a contract on the Supplier's terms for the provision of the Supplier Services. The Supplier will provide the Platform User with all necessary information for the execution of the Supplier Services (e.g. Meeting point and time, clothing, equipment etc.) well in advance.
Yonderbound takes care of the customer payment collection and will ensure payment through a secure payment solution provider. It is at Yonderbound's sole discretion to choose a payment solution provider. Yonderbound is not liable by any means for Supplier customer payments and is not liable in case of incorrect or incomplete entry of the Supplier's account information into the Yonderbound supplier back-end.
Yonderbound commits to carry out a strong due diligence to confirm all Platform User and Supplier data. However, Yonderbound is not responsible for the accuracy or completeness of such data.
The Supplier warrants and represents that it has, and undertakes that it shall maintain in force during the term of this Agreement comprehensive general liability insurance in respect of the provision of the Supplier Services that are offered on the Yonderbound Booking Platform, and insurance cover in respect of the Supplier's obligations under this Agreement, with a reputable insurer acceptable to Yonderbound. It is obligatory to agree upon an insurance sum that is appropriate for the given booking volumes and risk and upon request by Yonderbound, the Supplier shall provide evidence in a form satisfactory to Yonderbound of such insurance policies and receipts evidencing its payment of premiums in respect of such policies.
The general liability insurance also needs to cover potential regress claims from Yonderbound.
5.1. What is an insurance policy?
An insurance policy is the third person liability insurance used in case of an accident during the tour or activity. The Supplier's policy must cover:
5.1.1 the fire and such other risks which are normally covered in the country in which the Supplier Services and Supplier Equipment is located with the level of cover being such as to provide full reinstatement value in the event of a loss;
5.1.2 the provision of the Supplier Services that are offered on the Yonderbound Booking Platform;
5.1.3 third party risks, including without limitation the Supplier's liabilities to Yonderbound in respect of any Losses; and
5.1.4 to the extent not covered by 5.1.1 - 5.1.3 above, the Supplier's obligations under is Agreement.
Your insurance policy or waiver will only be used internally and will not be transmitted to any third party nor be visible on any website.
5.2. In case you do not possess an Insurance Policy or a Waiver
All tour operators are obliged by law to have an insurance policy. It is designed to protect your business and your customers in case of an accident during a tour. If you do not have insurance policy, please contact us to explain the reason why.
5.3 Does the insurance policy need to be in English?
The insurance policy does not need to be translated if it is in language other than English. As long as the insurance policy is valid and registered our customer care will be able to verify if the document is correct.
Specifications concerning the general liability insurance must be documented electronically and sent to the email address firstname.lastname@example.org..
6.1 The Supplier undertakes that it, the Supplier Services, the Supplier Equipment and the Supplier's business will comply throughout the term of this Agreement in all respects with all European Union, national, local and trade laws, regulations and codes of practice including without limitation, those relating to hygiene, fire, health, safety, security of persons and licensing.
6.2 In addition to is obligation to comply with all applicable laws and regulations relating to fire and safety, the Supplier shall ensure that all exits or procedures relating to fire and emergencies are clearly marked and accessible at all times.
6.3 The Supplier undertakes to maintain, or procure that its sub-contractors maintain, the highest standards of hygiene and sanitation in respect of the Supplier's Equipment at all times. In performing this undertaking, it will not be sufficient for the supplier to demonstrate that is has complied with the minimum standards laid down by law.
6.4 The Supplier is responsible for complying with employment and labour rules.
The Supplier represents and warrants to Yonderbound that all employed guides possess the legal allowances and meet all necessary legal requirements, including professional qualifications and allowances.
The Supplier is fully responsible for the conduct of the guide with regard to the Platform User and Yonderbound.
8.1 The Supplier shall notify Yonderbound immediately:
8.1.1 if there is any material change to the manner in which the Supplier agrees to provide the Supplier Services at any time during the term of this Agreement;
8.1.2 if any building or other work which might adversely affect the enjoyment of the Supplier Services by the Platform User commences or is likely to commence;
8.1.3 if any of its licences, consents, insurances or other requirements for the proper operation of the Supplier Services expire, are withdrawn or become invalid for any reason;
8.1.4 upon its deciding (or becoming aware of any decision on the part of the Supplier) to sell, lease or otherwise dispose in whole or in part of any interest in the Supplier Services or the Supplier's business;
8.1.5 if the general liability insurance has been resigned or the necessary premium has not been paid;
8.1.6 if guides no longer possess the necessary qualifications;
8.1.7 if security standards cannot be met;
8.1.8 of any other matter which might in any way affect the Supplier's ability to comply with its obligations under this Agreement or the Platform User's enjoyment of the Supplier Services; or
8.1.9 if there are other imminent circumstances that make the execution of contracts with Platform Users impossible or threaten Platform Users to render themselves liable to prosecution upon execution of the contract or to otherwise to get into difficulties with public authorities.
The Supplier specifies his Supplier Services offerings according to the requirements on www.yonderbound.com. The website also provides further clarification on the required quality standard. Supplier Services, which do not meet the requirements, may not be selected by Yonderbound to be included on the Yonderbound Booking Platform for the Supplier's promotion and sale to Platform Users.
The Supplier may only upload his own Supplier Services. He may not upload products for which he is only an intermediary or agent. The Supplier needs to be prepared to perform the Supplier Services displayed on the Yonderbound Booking Platform. It is forbidden to upload sham or loss-leader products.
Supplier Services or their execution should not violate any laws or regulations, third party rights or morality. Supplier Services with sexist, racist, extremist content of any kind or products that challenge the physical, mental or moral integrity of human beings or where animals are hurt or injured, or products that connect legal services in an illegal manner or where customers are directly or indirectly compelled to purchase further services and/or products etc., must not be uploaded. Yonderbound has the right to delete such products from the Yonderbound Booking Platform at any time without notice. Claims for damages and other claims from Yonderbound, customers (including Platform Users) or third parties are explicitly reserved.
The Supplier will provide the product data for the Supplier Services to Yonderbound. He himself is responsible for ensuring that the provided information is always up to date. The Supplier must contact Yonderbound immediately if there are any revised, cancelled or products that are no longer valid so that these are deleted accordingly from the Yonderbound Booking Platform.
Yonderbound reserves the right to modify and delete such offers.
If the Supplier's country of residence has requirements for the publication of products on the Internet, the Supplier himself is responsible that these requirements are complied with. He will notify Yonderbound about such requirements.
It must be clear from the Supplier Services description that the Supplier offers the Supplier Services under his own name and responsibility. The Supplier Services must be offered under the generally used brand name for the Supplier. If this brand name is different compared to entries in general registries, the Supplier also needs to mention this brand name. There must not be the impression, neither directly nor indirectly, that Yonderbound is the supplier of the Supplier Services, or that Yonderbound has tested the quality of the offered Supplier Services or otherwise emphasizes their quality.
The Supplier Services descriptions must be completed accurately and truthfully and need to be adjusted instantaneously in case changes. Yonderbound undertakes strict due diligence to ensure the accuracy of product data but the Supplier alone is responsible for correct product descriptions and prices.
The Supplier has the right to remove any of his Supplier Services from the Yonderbound Booking Platform at any given moment for any given reason by simply contacting Yonderbound or directly his account manager. However, all Suppliers are liable to execute and complete all outstanding contracts with the Platform Users even after the removal of the Supplier Services in question from the Yonderbound Booking Platform.
In addition, the correct execution of the outstanding bookings is also valid even if the Supplier decides to end this Agreement with Yonderbound.
10.1 Yonderbound owns the Yonderbound Booking Platform and nothing in this Agreement shall be construed as granting to the Supplier any rights in any trademarks or any other intellectual property belonging to Yonderbound and the Supplier shall not exercise or purport to exercise any such rights.
10.2 The Supplier owns all of the content and information relating to its Supplier Services on the Yonderbound Booking Platform. Thus, the Supplier is solely responsible to make sure that all uploaded content does not violate intellectual property rights of a third party or is in any other form inappropriate, illegitimate or harmful to Yonderbound or a third party. If such a violation becomes apparent, the Supplier must contact Yonderbound in order to immediately remove this content from the Yonderbound Booking Platform.
10.3 In addition, for content that is covered by intellectual property rights, like photos and videos ("IP content"), the Supplier specifically gives Yonderbound the following permission: The Supplier grants Yonderbound a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content to upload on the Yonderbound Booking Platform ("IP License"). This IP License ends when the Supplier deletes his IP content or user account. However, the Supplier understands that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
Prices for the Supplier Services need to include all dues, taxes, fees etc. It is not legitimate to ask the Platform User to pay any further salaries, taxes, dues, commissions or cover other expenses, upon the execution of the Supplier Service.
All cancellations, on the part of the Supplier and of the Platform User, have to be conducted on the Yonderbound Booking Platform.
12.1 Cancellations by the Platform User
• If not stated otherwise by the Supplier in the entry field "Voucher Information," the Platform User is entitled to cancel his booking up to 5 workdays before the booked tour date, free of charge. There will be no payment to the Supplier by Yonderbound.
• If the Platform User cancels an appointment between 4 and 0 days before the booked tour date, or if he does not attend the tour, he is obliged to pay the full tour price, which is transferred to the Supplier, less the service fees
•If the Voucher is not used within a year it expires without refund.
Statutory cancellation possibilities are exempt from these regulations.
12.2 Cancellations by the Supplier
The Supplier may cancel the contract with the Platform User only if unforeseeable or unavoidable external circumstances make it impossible, significantly impede or compromise to carry out the booked Supplier Services. The Supplier is obliged to inform the participating Platform Users as early as possible through the Yonderbound Booking Platform. In this case, the participating Platform Users will be fully refunded.
Yonderbound requires a service fee for handling the booking process.
There are no fixed fees and you only pay a commission fee for bookings. The commission fee is divided as such:
10% of the listing price: to the content producer (author of the travel story)
5% of the listing price: to Yonderbound Booking Platform
2.5% of the listing price: Credit card fees
The service fee will be drawn from the amount paid to Yonderbound by the Platform User upon successful booking of the Supplier Services. This service fee is the only fee the Supplier will be paying Yonderbound.
Any taxes and other expenses that are to be paid by the Supplier will not be compensated separately. Banking fees and other transaction cost are at the expense of the Supplier.
13.1 What does it mean 10% fee to the content producer?
Yonderbound's mission is to build the largest collection of travel stories, written by real travellers. Every time a booking is made via a travel story, the author of that story gets a commission.
13.2 How can we avoid 10% fee to the content producer?
- If the Supplier organizes a travel story to be written for him, the only service fees to be applied are 5% of the listing price to the Yonderbound Booking Platform and 2.5% of the listing price to cover credit card fees.
- If a third party (blogger/agent/writer) writes a travel story stating the Supplier's Supplier Services offering, the Supplier will be obliged to pay 10% of the listing price to the content producer.
The credit card and banking fees for Platform Users' payments to Yonderbound are borne by Yonderbound.
The credit card and banking fees for payment transfers to the Supplier will be borne, as follows:
o Yonderbound bears the cost for its own bank/credit card organization
o The Supplier bears the cost of his bank/credit card organization
Should a participating Platform User cancel his credit card payment before the use of the booked Supplier Services or the payment is not fulfilled for any other reason, Yonderbound will inform the Supplier immediately.
If a credit card payment is revoked after the fulfilment of the contract between Supplier and the Platform User, Yonderbound will inform the Supplier. Yonderbound will inform the service provider about the reasons for withdrawal according to the particulars of the credit card organization and ask him for comment within 5 working days. Yonderbound will forward this statement to the credit card organization.
Yonderbound is not obliged to take legal measures of any kind against a Platform User, who does not pay for a certain service or cancellation, or who revokes a credit card payment. Yonderbound will convey these claims to the Supplier, if possible.
The Supplier will be notified via email upon receipt by Yonderbound of a payment received by it from a Platform User.
As a Supplier you receive payment of sums received by Yonderbound for bookings of Supplier Services made by Platform Users through the Yonderbound Booking Platform minus the negotiated commission fees on a monthly basis.
Yonderbound creates a remittance advice for the Supplier on the 5th of each month, taking into account all bookings that have been carried out during the previous month.
The payment will be wired to the Supplier's bank account notified in writing to Yonderbound and the Supplier will be notified by email at the email address indicated for accounting purposes in the account information. Yonderbound processes payments on the 5th of every month barring exceptional circumstances.
Due to bank transfer costs, Yonderbound may decide not to transfer amounts less than USD 50 or an equivalent amount in a different currency. If in a certain month the amount of USD 50 is not reached, Yonderbound is entitled to postpone the payment until the minimum of USD 50 is reached.
The Supplier is responsible himself for the correct accounting to authorities.
16.1 Who will pay for transaction costs?
Yonderbound bears usual transaction fees. These transaction costs are included in the commission rate you offer us.
The amount transferred by Yonderbound to the Supplier reflects the sum of the net prices of all considered bookings. Yonderbound bears the usual transaction fees. However, some banks add fees for receiving international payments. These fees are solely at the Supplier's expense.
16.2 Can you transfer money to all banks in all countries?
Yes, as long as the Supplier's bank is a legal entity and it is not sanctioned by the EU.
If Yonderbound is for any reason subject to taxes or expenses in the country of the Supplier in relation to his Supplier Services, Yonderbound may terminate this Agreement on written notice to the Supplier, within 3 days. Such taxes or expenses may be deducted from the payments granted to the Supplier.
The Supplier is a contracting party with the participating Platform User and thus responsible for the correct execution of the Supplier Services booked by such Platform User. The Supplier will strive to solve problems directly with the Platform User.
Yonderbound shall not be liable by any means for damages participating Platform Users cause to the Supplier, other participating customers, or third parties. The Supplier settles such affairs with the participating customer directly.
The Supplier is required to handle all customer inquiries etc. received through Yonderbound immediately. Yonderbound will inform the Supplier via email, text and phone upon successful booking and/or if a Platform User requires further information for a product that has not been made available on the website
Upon completion of a successful booking, Yonderbound will email, text and phone the contracting parties (Platform User and Supplier) urging them organize an appointment to set a time and date.
After the fulfilment of a Supplier Service, Platform Users have the opportunity to review the Supplier Service and Supplier using Yonderbound's review system available on the Yonderbound Booking Platform. The aim of the review system is to create meaningful and accurate product and supplier profiles in terms of performance, reliability and trustworthiness. These profiles can be viewed by any visitor on the Yonderbound Booking Platform.
Platform Users are required to provide only entirely proper and truthful reviews. Inaccurate, untruthful, offensive or otherwise unprofessional remarks may be deleted from the Yonderbound Booking Platform by Yonderbound. The Supplier is not entitled to delete certain statements. If the Supplier becomes aware of abusive reviews, he should report them immediately to Yonderbound.
Yonderbound provides the Yonderbound Booking Platform. A claim for provision and maintenance of certain functions etc. does not exist. Regarding the availability of the system, no warranty is given. Website access may be temporarily restricted by maintenance or other work or might be limited or entirely impossible. In so far that limited access or temporary inaccessibility have an impact on the execution of a transaction, e.g. because a product offering cannot be uploaded or a booking or transaction cannot be made, there are no claims against Yonderbound.
The Suppliers themselves are responsible for the backup of their data on the Yonderbound Booking Platform. Yonderbound shall not be liable to the Supplier for data loss.
The Supplier has to enter his data into the Supplier account. This data will be treated confidentially and is not made accessible and only shared with a third party, in so far it is required for the correct execution of the contract between the Platform User and Supplier. Yonderbound reserves the right to provide certain information to authorities etc., if required by legal provisions. Yonderbound reserves the right to open accounts to authorities or third parties, in order to counter claims, demands etc.
The Supplier shall treat the transmitted Platform User data confidentially and protect such data according to applicable privacy laws, including but not limited to the Data Protection Act 1998. Without prior consent of the Platform User, such data may not be made accessible to third parties or made available for marketing or advertisement purposes.
Yonderbound tracks statistical data with regard to Supplier Services upload, in order to improve the Yonderbound Booking Platform functionalities. It is possible that such data will allow an inference on the web behaviour of the Supplier.
The Supplier has no right to access data on Platform Users, visitors etc., stored on Yonderbound servers.
All communication between Yonderbound and the Supplier needs to be conducted via the Yonderbound Booking Platform. You may find Yonderbound's contact data under the heading "Contact". The contact data entered on the Supplier account will be used as the Supplier contact data.
Emails must include the name and email address of the sender as well as the date of dispatch (date and time).
The Supplier is aware, that confidentiality during transmission of unencrypted data over the internet cannot be guaranteed.
An email received in accordance with the preceding provisions is attributed to the sender address, if no other proof can be provided.
The Supplier shall be informed by Yonderbound, where applicable, of which third party websites Yonderbound has integrated the Supplier's Supplier Services.
25.1 The Supplier is self-responsible for content submitted through his account and/or uploads to the Yonderbound Booking Platform, such as for instance product descriptions, forum entries etc. Yonderbound treats such content as external content ("Supplier Content").
Yonderbound also treats visitor and Platform User content, such as forum entries, reviews etc. as external content and excludes liability to the Supplier.
25.2 If Yonderbound is notified about or detects Supplier Content that does not comply with this Agreement and/or general legal provisions, Yonderbound may partially or fully delete this Supplier Content.
25.3 If the abusive content originates from a Supplier, Yonderbound is entitled to block the Supplier's access to the Yonderbound Booking Platform or delete the Supplier's account and terminate this Agreement on written notice to the Supplier.
25.4 The Supplier may only send Supplier Content for which he owns the corresponding rights (including but not limited to copyright). Such information must not abuse privacy rights of visitors, third parties etc. and needs to comply with the applicable competition laws and other legal requirements.
25.5 The Supplier warrants and represents to Yonderbound that the Supplier Content:
25.5.1 does not infringe the rights of any third party;
25.5.2 does not violate any law, statute, ordinance or regulation;
25.5.3 is not defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
25.5.4 is not obscene or pornographic;
25.5.5 does not violate any laws regarding unfair competition, anti-discrimination or false advertising; and
25.5.6 does not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept of expropriate any system (including the Yonderbound Booking Platform), data or personal information.
26.1 With regard to the Platform User
The Supplier shall be liable to the Platform User with regard to the performance of the Supplier Services according to the applicable law.
26.2 With regard to Yonderbound
The Supplier is liable with regard to Yonderbound according to this Agreement and the applicable legal provisions.
The Supplier is liable for the correct description and execution of his Supplier Services.
26.3 Meaning of Losses: For the purposes of this Clause 26, "Losses" means all claims, demands, actions and other proceedings, damages, losses, costs and expenses (including, without limitation, the costs and expenses of Yonderbound's professional advisers) and any other liabilities of any nature incurred by or made or brought against Yonderbound including without limitation pursuant to:
26.3.1 any liability for death, injury or illness (including fatal injury or illness) of any Platform User and/or any third party;
26.3.2 any damage to any property of Yonderbound and any liability of Yonderbound for damage to the property of any Platform User and/or any third party; and
26.3.3 any liability of Yonderbound to compensate any Platform User and/or any third party.
26.4 Indemnity: The Supplier shall indemnify and keep indemnified Yonderbound in respect of all Losses arising directly or indirectly from or in connection with:
26.4.1 any failure by the Supplier or its sub-contractors to exercise reasonable skill and care in performing its obligations under this Agreement and/or in providing the Supplier Services to Platform Users and/or any third party;
26.4.2 any representation or warranty given by the Supplier in this Agreement being inaccurate in any material respect;
26.4.3 any other failure by the Supplier or its sub-contractors to comply with any of its obligations under this Agreement and/or any wrongful act or omission of the Supplier or its sub-contractors.
27.1 With regard to the Supplier
27.1.1 Nothing in this Agreement shall limit or exclude Yonderbound's liability for (i) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors, or (ii) fraud or fraudulent misrepresentation.
27.1.2 Subject to clause 27.1.1:
(a) Yonderbound shall under no circumstances whatever be liable to the Supplier, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement;
(b) Yonderbound's total liability to the Supplier in respect of all other losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed in aggregate the fees paid by Yonderbound to the Supplier in the 12-month period immediately preceding the date of a claim.
27.2 Platform User - Supplier
Yonderbound is under no legal title a party in the contract between Supplier and Platform User. Yonderbound has with regards to the contracting parties, neither Platform User nor the Supplier, an affirmative obligation to act in order to protect others. Yonderbound gives no promises to third parties.
Neither Platform User nor Supplier may derive from their contract rights or obligations with regard to Yonderbound. Yonderbound is neither liable for the conduct of the Platform User or third party, nor for the conduct of the Supplier.
28.1 This Agreement shall commence upon the Commencement Date and shall continue in full force and effect unless or until terminated in accordance with the provisions of this Agreement.
28.2 This Agreement may be terminated by either party on written notice to the other party.
28.3 Any termination of this Agreement shall be without prejudice to the rights and obligations of the parties existing at the date of such termination. Each provision of this Agreement shall continue in full force and effect after the date of termination unless such provision has been fully performed on or before that date. In particular, but without limitation, the indemnities set out in this Agreement shall survive the expiry or termination of this Agreement. All outstanding and remaining confirmed bookings with Platform Users must be executed by the Supplier as planned even after the termination of this Agreement.
As place of fulfilment, the parties agree London, United Kingdom.
Yonderbound reserves the right to modify this Agreement at any time. Yonderbound will notify the Supplier with a message to his Supplier account and about any changes in this Agreement. The Supplier has 21 calendar days to accept or reject the revised agreement. The Supplier may accept via e-mail or by silence. If Yonderbound does not receive a negative feedback by the given deadline, the changes in the agreement will be adopted. The changed agreement will be valid for all new incoming bookings.
The agreement is also accepted, if the supplier uploads new products or modifies existing products within the 21-day period.
Concerning times and deadlines regarding the relationship of customers and suppliers, the time zone of the Supplier is authoritative.
32.1 Entire Agreement: This Agreement represents the entire agreement between the parties in relation to the subject matter of this Agreement and supersedes any previous agreement whether written or oral between the parties in relation to that subject matter. Accordingly, all other terms, conditions, representations, warranties and other statements which would otherwise be implied (by law or otherwise) shall not form part of this Agreement. Neither party shall have any liability or remedy in tort in respect of any such representation, warranty or other statement (whether or not contained in this Agreement) being false, inaccurate and/or incomplete unless it was made fraudulently.
32.2 Severability: If any part of any provision of this Agreement shall be invalid or unenforceable, then the remainder of such provision and all other provisions of this Agreement shall remain valid and enforceable.
32.3 Waivers: No delay in exercising or non-exercise by Yonderbound of any of its rights under or in connection with this Agreement shall operate as a waiver or release of that right. Rather, any such waiver or release must be specifically granted in writing signed by Yonderbound and shall:
32.3.1 be confined to the specific circumstances in which it is given;
32.3.2 not affect any other enforcement of the same or any other right; and
32.3.3 (unless it is expressed to be irrevocable) be revocable at any time in writing.
32.4 Confidentiality: The Supplier shall, and shall procure that its sub-contractors shall, keep strictly private and confidential all information and documentation disclosed by Yonderbound to the Supplier which relates to any confidential or business information of Yonderbound, trade secrets of Yonderbound (including without limitation this Agreement, any information relating to the activities of Yonderbound or its methods of carrying on business) or which is designated by Yonderbound as confidential. The Supplier will not use, copy or disclose any such information and documentation to any third party unless Yonderbound provides its express written consent. The restrictions in this clause shall not prevent disclosure required by law or apply to information and documentation which, without any breach of confidence on the part of any person, comes into or is in the public domain.
32.5 Assignment and Transfer: Yonderbound may assign, transfer or sub-contract all or any of its rights or obligations under this Agreement without any requirement to notify or obtain the further consent of the Supplier. The Supplier may not assign any of its rights or transfer or sub-contract any of its obligations under this Agreement without the prior written consent of Yonderbound.
32.6 Notices: All communications relating to this Agreement shall be in writing and in English and delivered by hand or sent by pre-paid airmail, electronic mail or facsimile to the party concerned to its registered address (or such other address as may be notified from time to time in accordance with this clause by the relevant party to the other party). Any such communication shall take effect if delivered, upon delivery; if posted, at 10.00am on the fifth (5th) business day after posting; if sent by electronic mail or facsimile, when a complete and legible copy of the communication, whether that sent by electronic mail, facsimile or a hard copy sent by post or delivered by hand, has been received at the appropriate address. In proving postage, it shall be sufficient to show that the envelope containing the notice, duly addressed and pre-paid, was delivered to the appropriate post office.
32.7 Law and Jurisdiction
32.7.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with English law and the parties irrevocably submit to the jurisdiction of the English courts to settle any disputes which may arise in connection with this Agreement.
32.7.2 The submission by the parties to such jurisdiction shall not limit the right of Yonderbound to commence any proceedings arising out of this Agreement in any other jurisdiction which it may consider appropriate. Any notice of proceedings or other notices in connection with or which would give effect to any proceedings under this Agreement may, without prejudice to any other method of service, be served on the Supplier in accordance with Clause 32.6 above.
32.7.3 The agreement of the United Nations Convention on the International Sale of Goods (Vienna Sales Convention) is explicitly excluded.