Terms and conditions
Last updated 25.01.2018
SC just-visit SRL (hereinafter named "just-visit.com”), incorporated under the Romanian law, registered at the Sibiu Trade and Companies Register under the number ROONRC.J32/1797/2017 with a share capital of RON200, whose registered office is in Sibiu, Piata Mare nr 12, Romania provides an online platform www.just-visit.com that connects users (<<guides>> <<visitors>>). Our website is an online service that enables users to research, find, and book visits worldwide promoted on the website under products. This Website is provided to assist users in gathering travel excursion information, posting opinions of visits or single services, engaging in interactive travel forums, and searching for and booking reservations for visits, and for no other purposes.
JUST-VISIT offers intermediation service, linking users between them; Just-visit is not a Travel Agent.
These terms and Conditions (hereafter "T&Cs") govern the use of just-visit.com. The purpose of the T&Cs is to define the terms and conditions for the use and sale of all the products, visits and services offered on the website. The T&Cs are applicable to any relationship between Just-visit and our user as defined below.
Please read the T&Cs carefully as by using the website, irrespective of whether you become a <<member>> or not, you accept the T&Cs in full. If you disagree with the T&Cs or any part of them, you should not use the website or any of the products, visits or services listed.
Please note that by ticking the case indicating the acceptance of the T&Cs at any point on the Website, you recognise having read and accepted all these general conditions of use.
We may change or modify the Agreement in the future, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the top of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. However, be sure to return to this page periodically to review the most current version of the Agreement as an obligation of use and only binding evidence.
In the absence of a communication informing the refusal of acceptance of the modified version of the Terms and Conditions within thirty (30) days of the publication, access or continued use of the website will constitute acceptance of the amended version of the T&Cs.
These Terms and Conditions constitute, in accordance with Article of laws etc etc of the Commercial Code of Romania, the only basis of the commercial relationship between the parties.
In this document,
The terms “we”, “us”, “our” or “just-visit” refer to SC just-visit SRL, and/or our affiliates
The term “you”, “your”, “yours” refers to an individual visiting the Website and/or contributing content on this Website and/or having bought any of our products
“website” means our site, just-visit third party suppliers through the own site and its affiliates' websites and mobile properties and related applications
“Content” means text, graphics, images, music, software, audio, video, information or other materials
“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“service” each single activity being offered or intermediated by a “guide” in order to build his offer called “visit”. Services are offered and provided by guides to visitors in relation to a specific destination in order to create the visit they offer (e.g. picking up from the airport, showing the best bars and restaurants in town, sightseeing or visiting touristic or non-touristic places, etc.). The services must comply with local and international legal regulations.
“visit” synonymous with “tour” means the action taking place between 2 users after having booked and met; this is actually the taking place of the meeting and consists of the services that the guide promoted under the online product. visits/tours can be:
“Private tour” means that the product described on our website as well as the complete attention of the guide is entirely dedicated to the visitor (and/or those the visitor booked for in their name)
“Open tour” “shared experience” means that the product achieved consists in participating to an visit by joining an existing group of members and is open to each member of the website to join
“product” means the visit as it is promoted on the website
“T&Cs” means these Terms and Conditions
“account” means the account that must be created in order to become a Member and access certain services offered by the Platform;
“user” means any person who accesses the website
“member” means any individual having created an account on the website
“booker” means a member who made a booking through the website; booker might attend to the visit or not. The one and only action that defines a booker is the fact of making the reservation.
“guide” means a member who created a product on the website
“traveller” means a member who buys a product and takes part to a visit
“destination” means a specific place ( can be city, village, region, country) that can be geographically defined
“Booking” synonymous with “reservation” is the result of a visitor blocking a visit with a specific guide. Each booking/reservation is individualized and registered by us with a unique number that has to be provided when the 2 members meet
“Booking confirmation” is the document provided by us to guide and visitor, proving that the specific visit is to take place as booked/reserved
“Place” means the booking of one place on a open tour
“Price” is the amount to be paid by the visitor to buy the presented product and receive the booked visit. Prices might be presented by person or by group, depending of the guide preferences and settings; however, this information is always mandatory to be visibly presented next to the price.
Role and responsibilities
Our role and responsibilities are strictly limited to
facilitating the connections between the guides and visitors in arranging in order to organising visits and providing services
processing payment transactions between the guides and visitors, when the latter books a product listed on our website. With reference to above, you understand and agree that just-visit is not a party to any agreement between the guide and visitor in relation to the visit or the prices that the guides decide to practice.
All Intellectual Property to the Content (except for the User Content) featured or displayed on the website, is the property of just-visit.com and is protected by copyright laws, patent and trademark laws and other legislation. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the website.
You are responsible for obtaining the data network access necessary to use the website. You understand that such access may involve third-party fees (such as Internet service provider).
You are responsible for any actions that take place while using your just-visit.com account. Keep your username and password secure and do not allow anyone else to use them to access the website. just-visit.com is not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
The website is intended solely for persons who are 18 or older. Any access to or use of the website by anyone under 18 is expressly prohibited without the written permission of a major person who has guardian/tutelar role for the subscribing person.
Requirements for the guides, member profiles and visits
As visitor, you understand and agree that a guide is not obligatory an individual involved in professional travel activities. Guides are not always licensed and/or qualified tour guides. He or she is a person, who has knowledge of certain area and wishes to share it with the visitors so that they become acquainted with the area.
As a guide, you may create Profile where you can showcase a range of original local visits as well as personal information you wish to share with visitors about you and your area. The Profile will be made publicly available via the website, and visitors will be able to book visits and buy products derived from your posted visits via the website, based upon the information provided in your Profile. Visitors will also be able to provide feedback on your visit and rate you as a guide. We will monitor all feedback obtained from visitors prior to publishing any reviews on your Profile, however we cannot be held liable for any derogatory or negative feedback received from Visitors.
If you are guide, you represent and warrant that your Profile and visits
will not breach any agreements you have entered into with any third parties,
will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply, and
will not conflict with the rights of third parties.
Please also note that any visit offered by a guide must comply with the following requirements:
the visit has to be delivered personally by the guide who confirmed the booking,
The booker may not be joining to the visit booked by or delivered to other Visitors,
the number of the visits that the guide may deliver per day is a limited one; please take in consideration the local regulation, depending the laws of where you perform.
User Interaction and Conduct
You are solely responsible for your interactions with other Users, whether online or in person. just-visit.com assumes no responsibility or liability for any loss or damage resulting from any interaction with other users of the website. You agree to take reasonable precautions in all interactions with other users, and conduct any necessary investigation before meeting another person. just-visit.com is under no obligation to become involved in any disputes between users, but may do so at its own discretion.
For communications about bookings all users will be offered a private messaging facility. Such facility must be used in a professional, courteous manner and only in relation to the website. We reserve the right to monitor and suspend any user accounts we suspect of abusing the private messaging facility.
Sharing your contact details, such as your phone numbers, emails, links to other sites and social networks, is not allowed before a booking is confirmed and paid. Communication before booking is for discussing your tour details only. Contact details of both parties will be automatically released after booking is confirmed via payment system. In case you bypass the website, you isolate yourself from safe payments, customer support in case of dispute, refund policies and trustful reputation through our review system. Any attempts to exchange contacts before booking or execute transactions outside of the website can also be a reason for limiting you from using our services. If necessary, your internal communication on the website can be reviewed by our staff. This is to provide you a better support should a conflict arise that requires escalation between you and another user.
You agree not to use the website
to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libellous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction,
to sell, promote, or advertise any product or service other than visits,
to advertise sexual services,
to advertise or promote any illegal product or service, and
to promote any political, ethnic, racial or religious organisation or belief.
When using the website you shall not
send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs,
interfere with or disrupt the integrity or performance of the website or the data contained therein, or our servers or networks,
attempt to gain unauthorised access to the website or its related systems or networks or to any other computer system or website, or
take any action that imposes an unreasonably or disproportionately large load on our system.
You are solely responsible for all User Content that you upload, post, publish or display or email or otherwise use via the website.
All User Content submitted by you on the Site or Application or via the Services will be considered non-confidential and non-exclusive. You grant to www.just-visit.com a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner in all formats and distribution channels.
We reserve the right to monitor all User Content uploaded to the Site or Application at any time. We may decide, without notice to you, to remove, edit or delete any User Content where we consider at our sole discretion that such User Content is either bogus or in breach of these Terms. If we choose to monitor any User Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Content.
If you are a visitor and wish to book a visit, you may do so through the website. In case information provided in a Profile of a particular guide is not sufficient for you to decide on the visit or you have any special requests relating to the visit, you will be able to discuss this with the Local via private messaging facility. In order to book a specific visit and contact the guide, you will be asked provide personal information that conduct to an automatic registration asa member.
If you are a guide and a booking is requested for your offered visit through the website
for a private, instant booking tour: you have the obligation to perform on the booked date and hour the booked visit
for a private, on request booking tour: you will be required to either confirm or reject the booking before the delay you mentioned in the product, otherwise the booking request will be automatically cancelled
For an open tour: you will be required to either confirm or reject the booking before the delay you mentioned in the product, otherwise the booking request will be automatically cancelled if the minimum number of participants will not be attempt before that from you mentioned time limit
A guide individually determines the visit Fee. Alternatively, a Local can also choose to provide “free tours”.
Before setting the visit fee the Local must evaluate the fees and any local taxes applied for providing the visit. The visit fee has to include any such fees and taxes that the guide determines that he/she has to collect. The guide fee displayed in the product includes all fees and taxes and is final for the Visitor.
As a guide you understand and agree that 100% of the amount paid for the visit will be considered as your personal income and taxes and commission will be accounted for the entire initial amount.
Visitors provide payment information while during the reservation process. The full payment will be managed by just-visit.com depending of the peyment policy of the booked product. The amount corresponding to the service of the guide will be available for the guide not earlier than 24 hours after the visit service is completed.
We will initiate the payment to the guide within 24 hours after receiving the request following completion.
Cancellations and Refunds
If, as a visitor, you wish to cancel a confirmed booking made via the website, please check the conditions of your booking mentioned on the booking confirmation. However, for all types of policies, the total paid amounts shall be refunded to you in case a guide cancels a confirmed booking prior to the day of the visit without being able to provide a replacing guide to perform the visit. Any confirmed and paid booking cancellation must be initiated by our website or by email to [email protected]. We will acknowledge and confirm your cancellation by email. Please consider the time of processing your e-mail requests. Please be informed that a booking is considered cancelled just once the e-mail containing the cancellation confirmation is sent by our team or the status of the reservation in your account is changed to “cancelled”.
As a visitor you are also entitled for a refund of 100% of the paid amounts in case a Local fails to arrive for the visit. As a visitor you have 24 hours after the end of the visit to initiate a dispute. If as a visitor you do not cancel your booking prior to the day of the Visit the payment is not refundable.
Any refunds will be made by us within a commercially reasonable time of the cancellation or request for refund.
LIMITATION OF LIABILITY
We disclaim any and all liability to you for the supply of the Services we provide to you to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the amount of any service fee that we may have received in respect of which a claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of Site, Application and Services or for any services we may provide to you.
Your use of the website is without any warranty or guarantee and is entirely at your own risk.
We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the Site and Application.
You agree to indemnify, defend, and hold harmless us from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of the Services and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or the rights of any third party.
MODIFICATION OF THE SERVICES
just-visit.com reserves the right to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that just-visit.com will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
These Terms constitute the entire and exclusive understanding and agreement between just-visit.com and you regarding the Site, Application and Services.
just-visit.com may assign its rights and obligations under these Terms to any party at any time without notice to you.
just-visit.com may use subcontractors to perform the Services. Such subcontracting parties shall comply with these Terms.
The use of the Services shall not create any joint venture, partnership, employment or similar relations between you and just-visit.com.
just-visit.com reserves the right to revise these Terms at any time. just-visit.com will inform you about any modification or change of these Terms by mail, on the Site or Application, via the Services or by other means deemed appropriate and adequate by just-visit.com. We will also indicate at the top of this page the date the Terms were last revised. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.
The failure of just-visit.com to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Services are rendered to you under and in accordance with Romanian law. Any dispute between you and just-visit.com is governed in all respects by Romanian law.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by just-visit.com (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted