By signing up to become a host, posting information on this site, creating a listing, receiving enquiries and bookings, you are using this Site as a host (‘supplier’, ‘the supplier’, ‘you’, ‘your’) and entering into a contract with Rare Escapes Ltd (‘us’, ‘we’, ‘ourselves’, ‘our’, ‘the Website’, ‘the Site’) and hereby accept the following terms and conditions. In accepting these terms, you confirm you are authorised to do so on behalf of the company to which they refer.
- When a booking is taken, the customer enters into a booking contract with you, the host and is subject to your terms and conditions, for the relevant services provided.
- Your listing(s) can only include accurate and up-to-date information/images about the service(s) provided and can include no reference to your company name or contact details.
- We reserve the right to alter the layout, information or media you use as we deem appropriate without further notice.
- We reserve the right to use your media in our marketing materials.
- You will keep your booking availability up to date at all times.
- You will reply to all booking requests and enquiries within 1 working day.
- You will confirm with us the net price you wish to receive in return for delivering your service, and any specific requirements such as a minimum group size required to run the trip.
- You will be paid the net price of the trip, minus a commission, after the service has taken place. To be paid early a fee of £3.50 per passenger/person will be charged. This will allow full payment 17 days in advance and 15% deposit up to 9 months prior to commencement of service.
- Should a customer cancel a booking, we will inform you as soon as possible. If it is more than 4 weeks in advance, no money will be owed, less than 4 weeks you will be paid in full (if payment has been received).
- Suppliers accept all responsibility and liability for Rare Escapes customers taking part in their services and agree that Rare Escapes Ltd has no liability.
- Rare Escapes responsibilities are limited to the following:
Facilitating the availability of the site, application and services.
Serving as the payment collection agent between each host and customer for the purposes of collecting payments from the customer on behalf of the host.
1. Our service
Rare Escapes provides the service of an online marketplace that connects hosts and customers who are looking to book the hosts experience(s). The aim of our service is to facilitate bookings and payments from customers wishing to take part in your experiences.
When a booking is taken, the customer enters into a booking contract with you, the supplier named on their booking confirmation emails, and is subject to your terms and conditions, for the relevant services provided.
It is your responsibility to ensure your terms and conditions meet all relevant local, national and international regulations and standards for the sale of all of your service(s) (‘experience(s)’) which include but are not limited to: accommodation, facilities, meals, entertainment, activities, equipment and other services (or any of them), as applicable.
2. Displaying your services
To display your services on the Rare Escapes marketplace you will sign up and create an account. To create individual listings you will answer a number of questions and provide all of the required information and media content.
You agree not to display your company name, email address, postal address, phone number anywhere on the Rare Escapes site, or in any correspondences with the client, unless prior approval is granted by Rare Escapes.
You agree to reply to all booking requests and enquiries within 1 working day of them being sent (at the latest).
For example: if your business operates on a standard 9-5, Mon-Fri opening hours, if a request is made at 5:00pm on Friday then it should be replied to by 5:00pm on the following Monday.
Information is accepted on the understanding that any descriptions of goods, services etc. are accurate and comply with English law and the Trade Description Act 1968. You warrant that you own or control all rights or have obtained copyright, moral rights and similar permissions, consents, waivers as are required for the display of logos and trademarks in copy provided to us.
We reserve the right to approve, amend or decline copy at our sole discretion and without explanation. We also reserve the right to change the layout of package pages, the information that is displayed, and the look and feel of the site as we deem appropriate and without notice.
We reserve the right to remove or disable, without prior notice, any listing that we deem breaches any of these Terms, that we consider objectionable for any reason, that doesn’t adhere to Rare Escapes Mission and Values or is deemed harmful to Rare Escapes, it’s services or clients.
3. Pricing and Payments
The Hosts, not Rare Escapes, are solely responsible for honouring any confirmed bookings and making available any Experiences reserved through the Rare Escapes Site.
Clients can either make a booking onto scheduled experiences or make an enquiry by messaging you through the Website.
You will confirm with us the net price you wish to receive in return for delivering your experience, and any specific requirements such as a minimum group size or minimum required to run the trip.
You agree that the price submitted to this website is the same as or less than the price available for the same service or combination of services displayed in any other location. If a customer or we find the price lower in another location we have the right to change the price of the service on Rare Escapes. If a customer has already booked your service and you have been paid you agree to refund the difference within 7 days.
We will collect payments from customers on your behalf, which will be automatically transferred into a trust account held by Protected Travel Services (for full details see "Payment Protection” below) who will transfer to you the price for all bookings minus the agreed commission, as soon as the service has taken place. You will provide us with your chosen bank details to make the transfer, and agree to cover any fees associated with receiving transfers. We will pay any fees associated with sending the payment.
You can request early payment for the services for a fee of £3.50 per passenger/person who is booked onto the experience – this is called Supplier Failure Insurance (SFI) and protects the client’s money.
For example if there are 4 people booked onto the experience you will be charged £14.00
SFI allows supplier payments to be released in full to hosts a maximum of 17 days in advance of travel, and/or a 15% deposit payment can be made to suppliers up to 9 months in advance of the clients travel date.
Should we have been unable to collect full payment from the customer 4 weeks before they are due to depart, the booking will be deemed to have been cancelled by the customer (for full details see "Cancellations” below). If a request to book is made less than 4 weeks before the package start date then full payment will be required to make the booking.
4. Payment Protection
Rare Escapes is a member of Protected Travel Services which offers the following guarantees to consumers with regards to their financial protection:
"Protected Travel Services (PTS) was set up to provide the consumer with the highest level of financial protection in the Travel Industry. PTS provides you with complete protection against the failure of both the travel company you book with as well as the suppliers they use. This protection lasts from the point that you book your holiday through to the point when you return.
You can enjoy every holiday booked through a PTS client knowing that you have 100% financial protection and full peace of mind at all times.
The Trust Account
Solicitors and accountants have always had to hold their customers money in trust accounts. The principle is very simple; it is your money so your travel company should hold it separately and not use it to run their business.
All clients of PTS are contractually bound to pay any money they receive from customers into the trust account. All card payments taken by PTS clients can only be paid into the trust account.”
For more information on how the money is protected please contact PTS on 0207 190 9988 or firstname.lastname@example.org for further details
5. Foreign Currency
Whilst the Rare Escapes platform allows users to view prices in a number of currencies, all payments are taken in GBP and therefore neither Rare Escapes or the host are liable for any foreign currency fees.
6. Cancellations and changes by customers
Should a customer cancel a booking, we will inform you as soon as possible.
For cancellations more than 4 weeks in advance, no money will be owed to you. We will endeavour to find you an alternative booking.
For cancellations less than 4 weeks in advance, where we have received full payment from the customer, we will pay you the agreed net price for the booking. Where we have not yet received full payment from the customer, we will make every effort to secure it, and pay you the net price for the booking once we have done so. If we are unable to collect payment from the customer, we will not be required to make any further payment to you in respect of the booking.
7. Cancellations and changes by you
If you do need to make changes or cancellations, you will contact us at the earliest possible opportunity, and make every possible effort to provide the customer the option of alternative dates or arrangements of a comparable standard.
In the event of a cancelation, you agree to immediately refund to us all monies received in respect of the cancelled trip, if applicable. In the event of a change, you agree to refund any price difference if the alternative is of a lower value.
Except for reasons beyond your control (see below), you agree you will not make changes or cancellations to the advertised arrangements for any confirmed bookings, subject to these dates continuing to meet the minimum and maximum group sizes and other requirements you specify.
- The host can cancel confirmed experience if causes of force-majeure arise, described below ,or
- When the minimum number of people required for the provision of service is inadequate
- In such case, the host will notify the traveller immediately and no later than 14 days before the prior to the provision of service
- In such cases you the host will message the client through the Rare Escapes messaging system
- In such case, if the host has been paid they will refund the money to Rare Escapes who will reimburse the traveller a full refund for the service booked.
Force-majeure events include undesirable weather conditions, death in the host's family, serious illness of the host, natural disaster in the country of service provision, communicable disease in the country of service provision, political unrest in the country of service provision, jury duty or similar civil obligations. Cancellation of service by the host in any cases other than those indicated above may lead to imposing a cancellation fee, or the termination of the host's account.
8. Use of your information and images
You will provide Rare Escapes with unbranded, relevant images to be used in the promotion of relevant packages and grant Rare Escapes permission to use images from your social media channels to promote your product.
We may wish to use information and images for marketing your goods and services and generating new customer enquiries other than just on our website (www.rareescapes.co.uk). You agree that all information and images provided to us can be used in other forms of marketing, linked to Rare Escapes Ltd, only when expressly connected to your product, without prior approval.
9. Customer Privacy Protection
When we provide you with personal details of a customer, including email address and phone number, they are provided to you in good faith. They are to be used only for the purposes of managing the booking with the customer. We ask that you respect their privacy and do not use them for any other reason, or share them with any third parties.
Suppliers accept all responsibility and liability for Rare Escapes customers taking part in their services and agree that Rare Escapes Ltd has no liability.
Rare Escapes Ltd accepts no liability whatsoever for any activity or behaviour of any persons who have used the site, made an enquiry through the site or for any behaviour or activity of persons booking and staying with members.
Rare Escapes Ltd accepts no liability for any of the information supplied to us by suppliers for publishing on the site(s).
As far as is permissible by applicable law, we accept no liability for any loss however caused through omission from the web site, typographical errors or late publication or failure from any cause, whether error, technical, late publication or failure to display listings, advertising and/or sponsorship. In any event, our liability for any loss or damage whether caused by negligence or otherwise will be limited to the cost of any listings, advertising and/or sponsorship and we will not be liable for any consequential loss or damage or loss of profit of the purchaser or of any other party nor be liable for any other loss however suffered.
You agree to indemnify us against all losses, damages, claims or expenses (including legal costs), which we may reasonably incur, on account of any claim by a third party arising directly or indirectly from the information provided by you for listings, advertising and/or sponsorship, or from the activities, mal-practice or negligence of you, the supplier. This may include, but is not limited to, claims that any information provided by you, the supplier, is in anyway misleading, inaccurate, libellous and/or offensive, and any action for breach of contract, and/or any tortious action.
If adherence to the requirements set out in these Terms is not maintained then we reserve the right to terminate this agreement, and remove your services and content from the site and in this event no refund will be payable.
Rare Escapes LTD
86-88 Lexham Gardens
Company number: 10336007
Date of publication: January 2018