Host Terms and Agreement

About Skyhook

We act as a platform for you as a local adventure travel guide or Tour Operator to sell and market awesome adventure travel trips. When you use the Skyhook site to sell your trips, you accept the Host Terms and Agreement.

Overview

www.skyhookadventure.com and subdomains of it (‘the Website’, ‘the Service’) are operated by Skyhook Mountaineering Ltd (‘the publisher’ ‘we’, ‘ourselves’ or ‘us’). These Host Terms and Agreement (these terms) govern agreements between us and you; the individuals, companies and/or organisations using the website and services for commercial reasons, as a displayer and/or purchaser of customer quotes, listings, advertising and/or sponsorship (‘the supplier’, ‘you’, ‘your’). Submitting any information to the website, having an account and receiving enquiries, or submitting a reply or quote signifies acceptance of these Terms. In accepting these terms, you confirm you are authorised to do so on behalf of the company to which they refer.

Definitions

In this agreement, "Customer" or “enquirer” means the person(s) (or any of them) using this website, viewing, enquiring about, or using the goods and services provided by you or on your behalf. This will include but not be limited to 'travel arrangements' (accommodation, facilities, meals, entertainment, activities, equipment and other services (or any of them), as applicable). 'Information' refers to images, videos, text, data and any other media used for profiles, listings, newsletters, guides, blogs, advertising, shop, sponsorship and/or any other information provided by you to us.

Services

We will act as a travel agent for your trips, services and/or travel packages (‘Trip’, ‘Trips’).

Prices, Payment and Commission

Setting the price

You will be given access to the Website, where you will be able to update the price that you receive for each Trip (the ‘Host Price’). You may adjust this price as you see fit, subject to any additional agreements that we may have in place. The price that a customer pays (the ‘Guest Price’) will be different to the Host Price allowing for our variable rate of commission (‘Commission’). The default rate of Commission is 20% for hosts legally registered outside the UK and 24% for hosts legally registered inside the UK. You agree that we can adjust the Commission as we see fit with reasons including, but not limited by, sale pricing, customer discounts, customer credit spend, cancellations, and to allow for differences in currency exchange rates. You agree to authorise us to take the customer payments on your behalf, as your agent, and to deduct our Commission directly from these payments. You will then receive the price the Host Price that you had set, or we had set on your instruction, subject to the rest of this agreement.

Sales Tax and VAT

All fees and Commission exclude VAT or Sales Tax unless otherwise stated. It is your responsibility to comply with all relevant taxation requirements.

Deposits

You agree that we may offer customers an option to pay a deposit first, and pay the balance at a later date. Under these conditions our Commission will be deducted first unless otherwise stated.

Financial Protection and Pay-outs

When a customer pays for your trip, the amount of the Host Price will be placed in an independently managed trust fund (‘Trust Fund’), which may help you comply with package travel related regulations within your Country. After they travel, this will then be scheduled to be paid out to your nominated bank account within 40 calendar days, subject to the rest of this agreement. You agree that we are not responsible for any fees or charges from your bank, as a result of these pay-outs.

Bookings are financially protected by Trust My Travel. You also agree to their terms and conditions at https://trustprotects.me/terms/ .

Trust My Travel

For bookings made after 10/10/2018, payments will be processed with our third party payment provider, Trust My Travel:

Cancellations

You agree to adopt our standard cancellation terms and conditions for any customers who book through Us, as your agent. You can see the latest version of these customer terms and conditions on the Website. Should a customer cancel their trip two months or more before their trip start date, the Host will not receive any payment of the Host Amount. Should a customer cancel within 2 months of their trip, the host will orodinarily receive the full Host Amount unless alternative agreement is reached between Skyhook and the Host. You agree that Skyhook may offer date changes, adjustments, refunds or cancellations to customers for their bookings with you outside of these standard terms where it, at it's sole discretion, deems it necessary to do so.

Refunds and Chargebacks

Should you cancel the Trip, or the Trip is materially different from the way described, the customer may request a partial or full refund, or dispute a payment using e.g. a chargeback scheme. Within the EU-region and the UK, this may include a request under statutory rights, such as those under The Package Travel and Linked Travel Arrangements Regulations 2018. We will analyse any request and require a response from yourself within 5 working days should this happen. Where we have taken payments as your agent, you agree that We have your authority to act as adjudicator for such disputes and issue any refunds or accept disputed card payments on your behalf.

Liability

Suppliers accept all responsibility and liability for their holidays and for their customers and agree that we have no liability. We accept 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. We accept 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.

Information, Images and Media

Suppliers agree that it is their responsibility to submit information and check that all information is accurate, up to date, and complete. You specifically agree it is your responsibility to ensure the accuracy of price and availability information displayed to customers about your products and services. You confirm you will accept bookings for your products and services at the price you most recently submitted to the site by any means. It is illegal to provide false or misleading pricing information. We may wish to use information and images for marketing your goods and services and generating new customer enquiries other than just on this website. We will always undertake to gain your prior approval about any new marketing partnerships. Nevertheless, you agree that all information and images provided to us can be used in other forms of marketing, on other websites owned by us, and provided to external websites not owned by Us at our discretion, only when expressly connected to your product, without prior approval. In circumstances where we believe information or an image might be useful in more generic ways, we will undertake to gain your prior approval. Information is accepted on the understanding that any descriptions of goods, services, stock 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 supplier pages, the information that is displayed, and the look and feel of the site as we deem appropriate and without notice.

Capacity and Availability

Once a trip is listed on the Skyhook website, it must go ahead without requiring a minumum number of bookings. Exceptions to this requirement must be granted in writing by Skyhook.

Privacy Protection

When bookings are made, we share personal information about the customer with you, in order for you to fulfil the booking. This information may also be shared over email. The information includes names, addresses, contact details and other personal information you may require, including medical and dietary requirements and travel plans. Where the customer is an EU citizen, you are required to handle this personal information in accordance with the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any implementing legislation (Data Protection Legislation). This includes keeping any information we share with you confidential, stored securely and only for as long as is necessary; and to use the data only for the purpose it was intended – for managing the booking and delivering the services required. You agree not to contact the customer for any other purpose, unless they have subsequently given you explicit consent directly. You will not share the information with any other third parties, expect where essential for the purpose of managing a booking and delivering the services. In these circumstances, you require these third parties to also handle the information in accordance with the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any implementing legislation (Data Protection Legislation).

Termination

Both parties reserve the right to terminate this agreement at any time without a notice period. Any bookings taken before termination will be honoured by the Host unless express consent is given by Skyhook to waive this requirement; the conduct of both parties in respect of these bookings will be regulated according to the terms of this agreement.