By using our website, you acknowledge and agree that you are at least eighteen years of age, legally competent and that you are entering into a legally binding contract with myHolidayActivities in respect to your use of the Website, which contract includes all Supplementary Terms. If you are an individual accepting this Agreement on behalf of an agency or entity or minor child, you warrant that you have the legal right to accept this Agreement on behalf of such agency or entity or minor child and that the agency or entity or minor child will also be bound by this Agreement.
- MyholidayactivitiesThe Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services.
- Myholidayactivitieswill handles any and all payments and payouts conducted through or in connection with the Site, Application or Services (“Payment Services”). Payment Services provided by myholidayactivities.com.
- Activities: mean activities, excursions, events (“Experiences”), and a variety of travel and other services.
- myholidayactivities.com Content - means all Content that myholidayactivities.com makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party.“Collective Content” means Member Content and myholidayactivities.com Content.
- Content: means text, graphics, images, music, software (excluding the Application), audio, video, information, or other materials.
- Thrill User: means a Member who searches for, books, or uses services via the Site, Application or Services.
- Host/Activity Host: means a Member who publishes and offers services via the Site, Application and Services.
- Listing: means an activity that is listed by an Activity Host as available for booking via the Site, Application, and Services.
- Member: means a person who completes myHolidayActivities account registration process, including but not limited to Activity Hosts and Thrill users, as described under “Account Registration” below
- Member Content: means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or myholidayactivities.com promotional campaign to be made available through the Site, Application or Services.
- Tax or Taxes: mean any sales taxes, value-added taxes (VAT), goods and services taxes that course providers may be required by law to collect and remit to governmental agencies.
1. Availability of the Website
The features and/or services and/or media displayed on the site may change or may be discontinued at any time, and without notice.
2. Overview of Services
We provide a platform whereby you will be able to search and discover new online-offline activities – and - activities, excursions, and events in the UK and EU. We display profiles, activities, Activity schedules and per person fees for Activity Host located in the respective country along with Activity Host verifications and user reviews. Based on this, you will be able to search and discover activities in the location and schedule of your choice.
4. Eligibility to Use the Website
By using the site, you represent and warrant that (1) all information you submit is truthful, current, complete, and accurate; (2) Your use of the site does not violate any applicable law or regulation; And (3) you are at least 18 years of age or have received parental consent and supervision when using the site myholidayactivities.com may at its sole and absolute discretion and at any time, terminate your privilege to use this site for any other reason.
5. Registration by Thrill User and Activity Host
- Myholidayactivities requires all Users who wish to be listed on the website and avail of any allied services to sign up for an account by completing all required fields on the respective registration web pages on the site.
- Myholidayactivities requires all Thrill Users who wish to book an activity of any of our Activity Hosts and avail of any allied services to sign up for an account by completing all required fields on the respective registration web pages on the site. For registering your account on our website, you might be required to input your login details for the website Facebook. This measure is taken to establish the identity of our users and to help us in providing apt services to our users more efficiently. Additionally, we might extract any information from the users’ Facebook account which can be construed to be of ‘public’ nature according to the terms of service of Facebook available at https://www.facebook.com/legal/terms . We might collect information regarding any such public event and display them on our website. We shall not use your login details for making any declaration (Facebook post) of any nature through your Facebook account. Any user who has provided us with his Facebook login details but does not want to share any information with us would be required to classify such information as ‘private’ in accordance with the Data Policy of Facebook available at https://www.facebook.com/policy.php. We would not be held liable for the inaccuracy of any information displayed by us on our website.
- Myholidayactivities also reserves the right to refuse the approval of a user account or terminate an existing user account with or without cause or notice (other than any notice required by applicable law and not waived herein) for any reason at any time.
- MyholidayactivitiesAdditionally reserves the right to terminate accounts created by users who use the name, e-mail address, or other personally identifiable information of another individual.
- Myholidayactivities is not liable for any losses or damages incurred by you as a result of the termination of your account or refusal of the service.
- Myholidayactivities and third parties acting on myholidayactivities.com’s behalf may send you e-mail notifications from time to time in order to inform you about important information regarding your use of the site and the Services. You may opt-out from receiving such emails by selecting the “opt-out” feature in each e-mail. However, even if you choose to use the “opt-out” feature, it would be your responsibility to gather any information disseminated through such emails.
- You are solely responsible for maintaining the confidentiality of your password, username and all uses of your account regardless of whether you have authorized such uses. You shall not share your account with anyone else. You agree not to use the account, username, or password of anyone else. You shall not disclose your password to anyone else. Users should not create multiple accounts to the services of our website under any circumstances. You agree to have only one account. You agree to take all reasonable precautions to prevent others from using your account. You agree to notify myholidayactivities.com immediately of any unauthorized use of your account.
6. Refund and Cancellation
- If you intend to cancel any Activity contacted/booked through us and seek a refund of the payment, then you shall be required to follow up with support.myholidayactivities.com and put in your request via writing in respect to the same.
- The cancellation and refund policy of each Activity Host varies, and Thrill User shall be liable to make themselves acquainted with the same prior to booking the Activity and any change in respect to the same.
- We shall provide arbitration assistance to Activity Hosts in case of a Thrill User requests a refund from Activities already delivered by the former.
- Any refunds made shall be subject to deduction of payment collection and payment gateway charges by us.
7. Payment Terms
- “Payment Method” means a payment method that you have added to your myHolidayActivities Accounts, such as a credit card, debit card or PayPal.
- “Payout Method” means a payout method that you have added to your myHolidayActivities Accounts, such as PayPal, direct deposit, or a debit card (where available).
Appointment of myHolidayActivities as Limited Payment Collection Agent for Activity Host
- Each Activity Host agrees that payment made by a Thrill User through myHolidayActivities, shall be considered the same as a payment made directly to the Activity Host, and the Activity Host will make the online or offline activities available to the Thrill User in the agreed-upon manner as if the Activity Host has received the Activity Fees. Each Activity Host agrees that myHolidayActivities may, in accordance with the cancellation policy selected by the Activity Host and reflected in the relevant Listing, refund the Thrill User that portion of the Activities Fees specified in the applicable cancellation policy. Each Activity Host understands that myHolidayActivities accepts payments from Thrill Users as the Activity Host’s limited payment collection agent and that myHolidayActivities’ obligation to pay the Activity Host is subject to and conditional upon successful receipt of the associated payments from Thrill User. myHolidayActivities does not guarantee payments to Activity Host for amounts that have not been successfully received by myHolidayActivities from Thrill User. In accepting an appointment as the limited collection agent of the Activity Host, myHolidayActivities assumes no liability for any acts or omissions of the Activity Host.
7.1 Service Fees and Other Fees
- myHolidayActivities collects the Service Fees charged by the myHolidayActivities pursuant. Where applicable, myHolidayActivities may also charge Taxes (such as VAT) in respect to the Activity Host Fees and Thrill User Fees. myHolidayActivities deducts the Activity Host Fees from the Activity Fees before remitting the balance to the Activity Host
- Balances will be remitted by myHolidayActivities to Activity Host via the Payout Method selected by the Activity Host in the Activity Host’s currency of choice, depending upon the selections the Activity Host makes via the Site, Application and Services.
- myHolidayActivities may, in its sole discretion, round up or round down amounts that are payable from or to Thrill User or Activity Host to the nearest whole functional base unit in which the currency is denominated (e.g., to the nearest GBP, Euro or other supported currency)
- Each party shall be liable to bear and pay all the applicable taxes in respect to the services provided by myHolidayActivities.
- The Commissions and other charges payable to the Company are subject to review or revision as per the mutual discussion of the parties.
Payment Method for Thrill User
- Thrill Users agree that myHolidayActivities may charge their Payment Method the Total Fees for any booking requested in connection with their myHolidayActivities Account.
- In connection with the Thrill Users’ requested booking, they will be asked to provide customary billing information such as name, billing address and Payment Method information either to myHolidayActivities or its third-party payment processor(s). Thrill Users agree to pay myHolidayActivities for any confirmed bookings made in connection with their myHolidayActivities Account in accordance with these Payments Terms by one of the methods supported by the Site or Application (e.g., PayPal, credit card or debit card). Thrill Users hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the booking, either directly by myHolidayActivities or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. Thrill Users also authorize myHolidayActivities to charge any Payment Method in their myHolidayActivities Account in the event of damage caused in any Activities
- If myHolidayActivities is unable to collect any amounts Thrill Users owe for a confirmed booking or a Damage Claim, myHolidayActivities may engage in collection efforts to recover such amounts from the Thrill User. Thrill Users hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to myHolidayActivities and/or myHolidayActivities by the Thrill User. Such communication may be made by myHolidayActivities or by anyone on our behalf, including but not limited to a third-party collection agent.
- If a Thrill User owes or agrees to pay any amount via myHolidayActivities to myHolidayActivities (whether as a result of bookings or actions as a User), then myHolidayActivities may (but is not obliged to) withhold the amount owing to myHolidayActivities from any payout amounts due to the Activity Host and use the withheld amount to set-off the amount owed by the Activity Host to myHolidayActivities.
- Please note that myHolidayActivities cannot control any fees that may be charged to a Thrill User by his or her bank related to myHolidayActivities’ collection of the Total Fees, and myHolidayActivities disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party service provider; please review such terms and conditions before using your Payment Method.
Payout Method for Activity Host
- myHolidayActivities will collect the Total Fees from each Thrill User at the time of the booking request and will initiate payment of the Fees (less myHolidayActivities Fees and any Taxes) to the Activity Host during the 1st and 15th of every month. The time it takes for Activity Host to receive payouts may depend upon the Payout Method chosen by the Activity Host. Some Payout Methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Activity Host, including by deducting their charges from the payout amount.
- With regards to the commission owed to us by the Activity Hosts, the account will be reconciled at the mid and end of the month.
- The Activity Host shall forthwith inform the Company in case of any issues in the payments received and both parties shall amicably settle any disputes in respect thereto.
- The Activity Host must let us know that they have successfully delivered an Activity session that Thrill Users have booked.
- Activity Hosts should upload Activity attendance using a mobile app interface or
- They should confirm successfully conducted session by emailing us directly at email@example.com
- The source email address must be your primary registered account on myHolidayActivities portal
7.2 Cancellation Fee and Refund Policy
- If, as a Thrill User, you cancel your Activity booking before subscribed Activity is started, (provided you abide by the cancellation term) myHolidayActivities will cancel any pre-authorization to your Payment Method and/or refund any nominal amounts charged to your Payment Method in connection with the requested booking within a commercially reasonable time.
- If, as a Thrill User, you wish to cancel a confirmed Activity booking made via the Site (Application and Services) either prior to or after arriving at the Activities, myHolidayActivities will refund Activities Fees and any other amounts charged to you only as permitted under the cancellation terms.
- If an Activity Host cancels a confirmed booking made via the Site, Services, and Application, myHolidayActivities will refund the Total Fees for such booking to the applicable Thrill User within a commercially reasonable time after the cancellation.
- If, as an Activity Host, you cancel a confirmed booking, you agree that myHolidayActivities may collect any cancellation fees imposed pursuant to the myHolidayActivities Terms. Cancellation fees may be withheld from your future payouts or charged to the Payment Method on file in your myHolidayActivities Account.
- If myHolidayActivities decides for any reason that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services pursuant to the myHolidayActivities Terms, you agree that myHolidayActivities and the relevant Thrill User or Activity Host will not have any liability for such cancellations or refunds.
- If, as an Activity Host, your buyer cancels a confirmed booking or myHolidayActivities decides that it is necessary to cancel a confirmed booking, and myHolidayActivities issues a refund to the Thrill User in accordance with the Thrill User Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid, myHolidayActivities shall be entitled to recover the amount of any such Thrill User refund from you, including by subtracting such refund amount out from any future Activity Fees due to you.
8. Rules and Regulations
- As a Thrill User, you are required to check, understand, and accept the rules and regulations, criteria, eligibility, and terms of the Activity Host with respect to the activity selected by you prior to making the payment.
- You agree and accept to book Activity through us, subject to rules and regulations, terms, and conditions of concerned Activity Host in respect to the Activity selected by you.
- You shall be liable in case of failure on your part to comply with rules and regulations, terms, and conditions of the concerned Activity Host.
9. Activity Host Representations
By registering as an Activity Host, you warrant and represent that:
- You are an adult UK or EU Citizen.
- You are operational and functional in the area of your expertise and host necessary activity services with respect to the same.
- You and your selected activity guiders are duly qualified and have sufficient expertise and experience in your concerned field.
- All information you provide to myholidayactivities.com is truthful, current, complete, and accurate and you will update the information to maintain its accuracy.
- There are no legal or statutory enquiry /proceedings pending against you as an Activity Host or your selected activity guiders, bearers, for the professional misconduct, misrepresentation, cheating and/or any other criminal charges.
- You have never been ‘blacklisted’ by the Government of the UK/EU or any statutory authority.
- The place selected for Offline Activities Should have all basic necessary amenities as required by us for enlisting an Activity on our website.
- The place selected for Offline Activities Should offer a proper and safe environment to conduct the necessary activity –cum- leisure activities.
- You shall ensure that necessary and proper hygienic conditions are maintained in the desired destination for offline activities.
- Activity Host shall ensure that the charges displayed on the Website are inclusive of the Commissions, all applicable taxes and all the other related charges.
10. Thrill User Representations
By registering as a Thrill User, you represent and warrant that:
- You are a UK or EU Citizen, 18 years of age or older.
- All information you provide to myholidayactivities.com is truthful, current, complete, and accurate and you will update the information to maintain its accuracy.
- Additionally, by using the Services you understand and agree that your use of the site and use or reliance upon any of the materials through the site is solely at your own risk.
11. Profile & Services
- The Activity Host will provide us with his or her detailed Profile and Activity Schedule, along with the details of Locations and amenities therein with recent photos and other related details to be published on the Website. We might choose to collect photos, videos or any information pertaining to the Activity Hosts through our agents. The Activity Hosts are expected to fully cooperate with us in collecting such data.
- We shall strive to ensure that all the information pertaining to the Activity Host, which is published on the Website, is true and accurate to the extent provided and represented by the concerned Activity Host. We are entitled to modify the content of your profile and other allied details on the Website at our sole discretion for the purpose of correcting typographical or grammatical errors making the content SEO friendly, or for any reason we deem fit.
- The Activity Host will forthwith inform us regarding any change or modification in the Locations and the amenities therein and ensure that the said change or modification is displayed on the Website and conveyed to the Thrill User. We will not be liable if any such change or modification is not displayed on the Website and is conveyed wrongly to the Thrill User.
- The Activity Host shall promptly inform us, in the case of any mistake or error in its Profile, Photos, Locations and amenities therein and other allied details as published on the Website and ensure that the same is rectified promptly.
- If we are informed about any mistake or error in respect to Profile and other allied details published on the Website by the Activity Host, then we shall take all necessary steps to correct the same in 3 working days.
- The Activity Host will provide us with accurate, complete, and up-to-date details and relevant documents in respect to its professional and financial details.
- The Activity Host shall not solicit any Thrill User/End User in his individual capacity and in such a manner so as to jeopardize the interests of the Company.
12. Use of information regarding the location of the user
When you use our services, we may collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, and other sensors that may, for example, provide is with information on nearby devices, Wi-Fi access points and cell towers. We collect such information primarily to ensure that we are able to provide our users with appropriate services in accordance with their geographic location.
We respect the privacy of our users and hence our users shall have the option to opt-out of such GPS/Location-related services. It should be noted that unless a user specifically opts out of such services or informs us that he does not wish his location information to be collected, it would be assumed that he consents to his location information being collected through any technique implemented by us.
13. Reviews and Rating
Process for Thrill Users
- You may review and rate the services, quality and facilities offered by the Activity Hosts listed with myholidayactivities.com
- You are required to click on the necessary link on our website to post any opinion, view, review, or ratings.
- The opinion and views expressed by you should be your own and you should be authorized to post the same.
- You would be responsible for any opinions, views, reviews, and ratings posted by you and we shall not be liable for the same in any manner.
- We may at our own discretion display any opinions, views, reviews, and ratings posted by you on our website, blog etc. and we are authorized to stop the publication of the same at our sole discretion.
Process for Activity Hosts
- The Activity Host hereby authorizes the Company to gather the feedback, reviews, ratings from the Thrill Users and the experts in the related field and use the same for advertising and promotional activities of the Company. We might use various algorithms to allot ‘points’ to Activities or Activity Hosts using parameters like quality of service, affordability, customer reviews, hygiene etc. It may be noted that Activity providers shall not be privy to any algorithm or technique implemented by us to rate/allot points to the class/Activity Host. The decision taken by us regarding such points shall be final and no disputes/complaints regarding the same shall be entertained by us.
- It shall be our sole discretion to decide the manner in which any feedback, reviews, ratings are to be displayed and for the duration for which the same will be displayed.
- We will merely collate such feedback, reviews and ratings and will not be liable for the contents therein and for any direct or indirect loss or damages resulting from the same.
- The Activity Host will forthwith inform the company in case it observes any discrepancy or error in the feedback, reviews and ratings published on the website.
- You will encourage all your Thrill Users to forward their feedback, reviews, and ratings to the company in the manner prescribed on the website. The Company may from time to time carry out promotional activities by calling upon for feedback, reviews, and ratings from the Thrill Users/ experts and you shall actively participate in all such activities and extend all possible co-operations for the same.
14. Methods of Operation
You authorize myHolidayActivities, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, and other information requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or attempting to screen your information against third party databases. myHolidayActivities reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
16. Trademarks Policy
17. Prohibited Users
- As a condition of your use of the site, you will not use the site for any purpose that is unlawful or prohibited by these Terms. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
- Access to Materials and the site from territories where their contents are illegal is strictly prohibited.
- Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, email, or privacy.
- Your use of any of the materials other than those for approved commercial or non-commercial use is strictly prohibited.
- You may not use the site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the site.
- You may not intentionally interfere with or damage the operation of the site or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
- You may not attempt to gain unauthorized access to the site, or any part of it, other accounts, computer systems or networks connected to the site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the site or any activities conducted on the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the site.
- You agree neither to modify the site in any manner or form nor to use modified versions of the site, including (without limitation) for the purpose of obtaining unauthorized access to the site.
- The site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the site for any purpose without our expressed written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the site.
- You may not utilize framing techniques to enclose any trademark, logo, or other IPR Materials without our expressed written consent.
- You may not use any Meta tags or any other “hidden text” utilizing the name of the site or associated trademarks without our express written consent.
- You may not deep link to the site and will promptly remove any links that we find objectionable in its sole discretion.
- You may not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
18. Copyright Rules
myholidayactivities.com owns all material and content of this site, you understand that all the material and contents on this website are subject to the Copyright Notice as displayed on the website. By accepting the terms of this Agreement, you agree to abide by the terms of the Copyright Notice.
19. Limitations of Liability
You understand and hereby agree that, except as otherwise expressly stated and to the extent applicable by law, in no event will myholidayactivities.com and its affiliates be liable to you or any other party for any damages, including but not limited to direct, indirect, special, consequential, or exemplary damages, regardless of the nature or basis of the claim, resulting from any use of the site, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data, failure of performance, delay in operation of transmission, computer virus or equipment or network failure or otherwise,. You understand/ agree that your use of the site is conditioned upon your waiver of any right against myholidayactivities.com and its affiliates or to participate in any Activity action suit for damages or losses resulting from your use of this site.
20. Partner Services Rules
The site may provide links to third-party websites or services and may link you automatically to sponsors or third-party’s websites or services. We provide such links solely as a convenience to you. We do not maintain, review, endorse or take responsibility for the content, products, services, or other materials of linked sites. You understand and accept that you take full responsibility for your use of third-party websites or services.
21. Violations and Termination of membership
Your registration is liable to be terminated and your account is liable to be blocked in case of breach or violation of any of the terms and conditions set out herein.
22. User Communications Rules
Under this User Agreement, you consent to receive communications from the site electronically. We will communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would if they were in the form of hard copies.
23. Resolution of Conflicts
This User Agreement shall be governed by the laws of the UK or EU without regard to its conflict of law’s provisions. You agree that any disputes or claims arising out of or in connection with this User Agreement shall be adjudicated in UK or EU. The Website is hosted and operated in and made in the UK and available for UK and EU Residents. Those who choose to access the Website do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules, and regulations. We may limit the Website's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
24. Entire Agreement between
This User Agreement constitutes the complete and entire understanding and agreement between myHolidayActivities and you in connection with your use of this Website, hyperlinks to the site and the content and software displayed on the site.
Except as explicitly stated otherwise, legal notices shall be served on the site’s national registered agent or to the email address you provide to the site during the registration process. Notice shall be deemed to be given 24 hours after email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process. In such case, notice shall be deemed given three days after the date of mailing. For any comments, queries, and requests, please contact us at: Email: firstname.lastname@example.org