Terms of use

DEFINITIONS

“Toristy” is online Software as a service (SaaS) for managing tours, activities and experiences including booking software, inventory management software, customer relationship management software, sales and distribution software. 

“Service Providers” or “Toristy Service Providers” are rental companies and other associated companies offering outdoor activities, events, tours, or city services that have been approved by Toristy as a valid service provider and have signed up to Toristy. 

“Service” or “Services” are the services provided by service providers.

“Sales Channel” or “Sales Channels” are companies that use “Service Providers” as an “Offering” on their own websites and platforms that have signed an “Enterprise Contract”.

“Enterprise Contract” is a contract or agreement between a Sales Channel and Service providers to place their offering on the Sales Channel. All such agreements have their own terms of service that the service provider needs to accept.

“Offering” is a service provided by the service provider to be sold on a Sales Channel’s website.

“Customer” or “Customers” means people that make a purchase from a service provider through Toristy from the service provider directly or through a Sales Channel. 

“Transaction” is a purchase made by a customer.

“Testers” are Toristy employees who test the service provider booking system in order to determine that the quality of the service is in good shape.

“Payment Gateway” is a 3rd party service Toristy integrates with that handles service provider online payments.


1) TORISTY AND YOUR SERVICES

1.1 Toristy is owned and run by Dataridoo Oy, trading as Toristy, a company incorporated as a private limited company in Finland (business ID 2818022-6) with registered offices at c/o Maria 01, Lapinlahdenkatu 16, 00180, Helsinki, Finland.

1.2 By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the “website”) and/or by completing a registration to Toristy, you acknowledge and agree that you have read, understood and agreed to the terms and conditions set out below.

1.3 These terms and conditions govern the relationship between the Service Provider and Toristy only. The relationship between Customers and the Service Provider is not governed by this Contract, but by the individual agreement entered into between Customer and Service provider. Likewise the terms of service between Toristy, Service Providers and Sales Channels are not covered by this agreement. Each Service provider will need to agree to specific terms for each sales channel.



2) SERVICE PROVIDED BY TORISTY

2.1 Toristy provides software that service providers can use to manage and maintain their service(s) and sell their service(s) to customers, including booking tools, sales invoicing, inventory management and CRM functionality.

2.2 Toristy has facilitated connections to various Sales Channels for the Toristy Service Providers to sell their services through. Each Service provider will agree to the Sales Channel Enterprise Contract before Toristy enables the Sales Channel service.   


3) REGISTRATION OF THE SERVICE PROVIDER

3.1 Upon registration to Toristy the service provider is entitled to offer his Services through the platform.

3.2 Service providers may use the Toristy services for the fees detailed on our pricing page (https://toristy.com/pricing ) depending on the level of service provided by Toristy on their own website(s) and for their own services. 

3.3 Service providers must have a valid Business Identification from whatever country or region that they primarily operate in. Toristy is not responsible for verifying the identity, authenticity or credentials of the individual entering into this contract but will take reasonable measures to ensure accuracy.

3.4 Service providers should offer and render their services according to the relevant tax regulations of the applicable Tax Authority including the practices and requests of the tax authorities. The Service provider shall enter into the relevant contract with Customers in the conduct of his business or self-employed professional activity.

3.5 Registering to the service allows Toristy to test the quality of offers made by service providers up to 2 (two) times per year at Toristy’s discretion. These Testers may make bookings and only disclose afterwards that they made a test after the booking has been finalised. In these cases the Service provider is obligated to pay back any associated payment gateway fees. 

3.6 The Service Provider may not offer services as a Sales Channel, an affiliated provider, agent, or intermediary unless a separate agreement has been made with Toristy.


4) DUTIES OF THE SERVICE PROVIDER

4.1 The Service provider represents and warrants that all information with regard to his offer shall at all times be true, accurate, and not misleading.

4.2 The service provider represents and warrants that all services be rendered in compliance with all applicable laws, in particular with the laws of the country of the Service providers’ residence as well as in compliance with all applicable laws of the country the Services are rendered in and not to violate any rights of third parties.

4.3 The service provider represents and warrants that all services comply with any consumer protection laws and the like needed in the respective country for fulfillment of the service being offered. Upon request the service provider will provide evidence and documentation including but not limited to licenses and permits. 

4.4 In the event of alleged non-compliance of the Services provided by the Service provider he shall without undue delay cooperate, at his own expense, with any administrative authorities or competition/consumer protection associations. 

4.5 The Service provider shall provide liability insurance that covers all services offered through Toristy. Service providers are obliged to agree upon an insurance sum that is appropriate for the given booking volumes and risk. The liability insurance also needs to cover potential regress claims against Toristy. Toristy has the right to ask for proof in the terms of documentation upon request. 

4.6 The service provider is responsible for the content submitted through his account such as descriptions of services, availability, pricing and images. The service provider may only upload content that he owns corresponding copyrights and such information should not be defective or abusive or contradictory to obligatory law. In cases of breaches of this duty Toristy reserves the right to suspend services until such a time that the Service provider has remedied the breach. 

4.7 The service provider may not in his Service description or via a private direct message refer Customers or agents to his own external internet website, a third party website/platform, or otherwise provide information to get in touch outside of Toristy when selling their service via a sales channel.

4.8 The service provider is obliged to provide customers with an invoice that complies with applicable tax requirements. 

4.9 Failure to comply with any of these conditions may result in termination of service.    



5) BOOKING PROCEDURE

5.1 Service providers may use Toristy on their own website for the fees laid out as per section 3.2 and gateway fees as described in section 9.3. Booking in such a case would happen on the service providers own website. Visitors that visit the Service Providers site will be allowed to view the offered services without registration prior to making a booking. 

5.2 Manual booking process. If the Service provider is using a manual management method they have a 48 hour period upon receipt of the booking request in email to accept the booking. If the request is accepted the contract between the Service Provider and the customer is valid and then booking is confirmed to the Customer. The service provider pays a commission fee for manual bookings as described in section 9.4. 

5.3 Automated booking process. If the Service Provider has elected to automate the management of bookings, the booking should draw from an up to date stock management tool (such as the one provided by Toristy). An automated booking takes place when there is availability. The Service Provider should keep the stock management tool up to date at all times. 

5.4 Sales Channel process. The service provider will upon being offered a Sales Channel partnership follow the terms and conditions of that Sales channel in terms of how to handle bookings, either manually or in an automated fashion.


6) INFORMATION CHANGES

6.1 Toristy service may at its discretion update or amend its website without prior notice or obligation: by entering into an agreement with Toristy, you accept that you should keep the website under review to ensure you are aware of any changes.


7) DISCLAIMER

7.1 The information hosted on the Toristy service website is based on the information provided to us by Toristy service providers who remain at all times fully responsible for updating all rates, availability and other information relating to their service displayed on our website. No warranty, express or implied, is given by Toristy service with regard to any information provided by Toristy service providers. Toristy service providers featured in the Toristy service are solely responsible for providing you with final quote and booking conditions for Customer reservations.

7.2 Although we will use reasonable skill and care in performing our services, 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), 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.

7.3 The Toristy website does not constitute and should not be regarded as a recommendation or endorsement.

7.4 Toristy services are not an agent for, and accept no responsibility for your direct dealings with Toristy service providers.


8) CANCELLATION

8.1 Sales Channel cancellations. Unless agreed otherwise between the service provider and the Sales Channel the service provider is aware and consents that customers are allowed to cancel their booking fee up to 24 hours before the booked date of the service. There will be no payment received by the service provider and the customer will pay 5% administration fees to Toristy covering the payment gateway fees and handling costs.

8.2 Service Provider cancellations. Unless agreed otherwise between the service provider and Toristy the service provider is aware and consents that customers are allowed to cancel their booking fee up to 24 hours before the booked date of the service. 

8.3 In the event of a service provider cancelling a service for any reason he shall fully refund customers and a 5% payment gateway fees and handling fee cost to Toristy.

8.4 If customers cancel a service less than 24 hours before the commencement of the service, customers are obliged to pay the full price of the service to the service provider minus commission to Toristy and its Sales Channels. The same applies if the customer does not appear on the date of the service.



9) COMMISSIONS AND ONLINE PAYMENT

9.1 No customer credit card details are stored on the Toristy service. All transactions are verified and processed by 3rd party systems integrated with Toristy.

9.2 In the case of an Enterprise contract the Service Provider agrees to pay a commission for the brokering of contracts with Customers. The amount of commissions which shall be separately agreed per Sales Channel is understood to be plus any statutory value added tax.

9.3 In the case of the service provider selling their services on their own website or apps the Service Provider agrees to pay the 3rd party costs associated with the payment gateway to Toristy plus the Toristy fees as described in our pricing page (https://toristy.com/pricing). 

9.4 In the case of the service provider selling their services directly to the customer by manually adding the details (offline or point of sale), the service provider agrees to pay the 3rd party costs associated with the payment gateway and a 2.5% handling fee to Toristy. 


10) PRIVACY

10.1 Toristy are committed to protecting your privacy. We do not sell, share, or rent personal information to other companies except in order to manage the Toristy Services specifically mentioned in sections 10.2, 10.3 and 10.4. Our full privacy policy is detailed on our privacy policy web page (https://toristy.com/privacy-policy)

10.2 By using Toristy, you agree to receive e-mails or other electronic messages in relation to your account. You also agree that we may send you e-mail, (incl. offers and promotions) provided by selected Sales Channels. We will also use analytics tools and cookies on active Service Provider accounts to improve the service.

10.3 The Service provider warrants that he has in place and will maintain, or will establish and maintain, adequate security procedures and protocols to prevent the unintended disclosure of and the unauthorized access to or misappropriation of, any personal data or information of any Customer. The Service provider agrees to the extent it applies to them to agree to the General Data Protection Regulation (GDPR). You otherwise agree to comply with the local laws which may apply to you and/or your customers in connection with the collection, use, holding and disclosure of personal data.

10.4 You indemnify Toristy for any fine or penalty imposed on or damages associated with any claim served on Toristy arising from your breach of the above warranty in relation to privacy and personal data.

In the event that you suspect that a data breach has occurred involving personal data held by you:

10.4.1 Service Provider must cooperate fully in assisting Toristy in determining whether there are reasonable grounds to believe that a breach which is the subject of legislative notification obligations has occurred.

10.4.2 Service Provider must cooperate fully with Toristy in taking remedial action in relation to the suspected breach. 

10.5 Neither the Service Provider nor its affiliates shall either directly or indirectly, engage in any solicited or unsolicited marketing, promotional, or similar communications with any Customer that has booked through Toristy without such Customer’s consent.  


11) LIMITATION OF LIABILITY

11.1 Subject always to our disclaimers above, we shall only be liable for loss and damage actually suffered, paid or incurred by you arising from our negligence or breach of contract in providing our services up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or a series of connected events).

11.2 Neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Toristy service providers and/or their rental objects as made available on our website, (iii) the services rendered or the products offered by the Toristy service provider or other business partners, (iv) 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 (v) (save as provided by law) any 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 acts, errors, breaches, negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or wholly or partly attributable to the Toristy service provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are directly or indirectly made available, offered or promoted on or through our website, including any cancellation, overbooking, strike, force majeure or any other event beyond our control.

11.3 You agree and acknowledge that you the service provider is at all times responsible for the collection, withholding, remittance and payment of any local taxes that may be due on the total amount of the rental fee to the relevant tax authorities. Toristy service is not liable or responsible for the remittance, collection, withholding or payment of any local taxes.


12) INTELLECTUAL PROPERTY RIGHTS

12.1 Unless stated otherwise, the software required for our services or available on or used by our website and the intellectual property rights (including the copyright) of the contents and information of and material on our website are owned by Toristy service, its suppliers or Toristy service providers.


13) MISCELLANEOUS

13.1 These terms and conditions and the provision of our services shall be governed by and construed in accordance with Finnish law and any dispute arising out of these general terms and conditions and/or our services shall be subject to the following dispute resolution process:

Upon being notified of a dispute, we will attempt to reach a speedy and amicable informal settlement with you and/or the Toristy service provider; failing which you agree that any dispute, controversy or claim arising out of or relating to this Agreement, if not mutually agreed between the Parties within thirty (30) days of commencing such discussions, are finally settled by arbitration by one arbitrator in accordance with the Arbitration Rules of the Finland Chambers of Commerce. The arbitrator is appointed in accordance with said Rules. The arbitration proceedings shall be held in Helsinki, Finland in English.

13.2 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.

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