Tourist Refund Policy
LAST UPDATED: NOVEMBER 8TH, 2017
These terms and conditions govern the LUQL Tourist Refund Policy (the “Tourist Refund Policy”) available to Tourists who book and pay services related to travel Guides through the LUQL platform (the “Site” and the “Mobile Application”) and suffer a Travel Issue and the obligations of the Guide associated with the Tourist Refund Policy. Guides plan and lead tours/experiences on the ground.
Refunds and Cancellation for your Tour/Experience by Guides on LUQL
Tourists are free to select and book any tours/experiences on the LUQL platform prior to payment. Once a tour/experience is confirmed by a tourist, any fees paid are non-refundable except as set forth below:
Tourist cancels: LUQL will endeavor to refund Tourist the fees paid for any Itinerary items that have not yet been booked, (may) minus the Service Fee. Fees for Itinerary items that have already been booked are non-refundable.
Guide cancels: Whenever possible LUQL will connect the Tourist to an alternate Guide who can fulfill request. If not, LUQL will refund the Total Fees for such booking to the applicable Tourist within a commercially reasonable time of the cancellation.
Cancellation due to outside factors: Certain Tours/Experiences may depend on factors outside either party’s control, such as weather (“Outside Factors”). The Guide has the discretion as to whether Outside Factors will prevent the Tour/Experience from taking place. As a Guide, if you need to cancel a Tour/Experience due to Outside Factors, you must contact the Tourist and LUQL (at firstname.lastname@example.org) as early as possible. Subject to the Tourist’s consent, the Guide and the Tourist may choose to reschedule the Tour/Experience for another date. If the Tour/Experience cannot be rescheduled, the Tourist should contact LUQL so we may assist in finding a replacement Tour/Experience. For clarity, in the event the alternative Tour/Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Tour/Experience is of a lower price, you may be entitled to a partial refund for the difference. As a Tourist, if you have contacted LUQL as provided above and LUQL is unable to find you a replacement Tour/Experience, LUQL may refund the Total Fees for such booking to the applicable Tourist within a commercially reasonable time of the cancellation.
1.Travel Issue. A “Travel Issue” means any one of the following:
a) The Guide of the Tour/Experience (i) cancels a reservation within 24 hours before the scheduled start of the reservation, (ii) fails to arrive for the Experience within 20 minutes of the scheduled start time, or (iii) fails to provide the Tourist with the reasonable ability to access the Tour/Experience (e.g., by allowing the Tourist access to the space in which the Tour/Experience will happen or begin if applicable).
b) The description of the Tour/Experience in the listing on the Site and Mobile Application is materially inaccurate with respect to (i) the duration of the Tour/Experience, (ii) the content of the Tour/Experience (including but not limited to the stated activities or sites, as applicable), or (iii) the physical location of the Tour/Experience. c) During the Tourist’s Tour/Experience, conditions do not meet safety or health hazards that would be reasonably expected, given the nature of the particular Tour/Experience, in LUQL’s judgment.
2. The Tourist Refund Policy. If you are a Tourist and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site or Mobile Application, as determined by LUQL in our discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Tour/Experience which in our determination is reasonably comparable to the Tour/Experience described in your original reservation in terms of content and quality. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference. All determinations of LUQL with respect to the Tourist Refund Policy, including without limitation the size of any refund, shall be final and binding on the Tourists and Guides.
3. Conditions to Claim a Travel Issue. Only a Tourist may submit a claim for a Travel Issue. If you are a Tourist, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:
a) You must report the Travel Issue to LUQL in writing (at email@example.com) or via telephone and provide us with information (including evidence) about the Experience and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue;
b) You must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and
c) You must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Guide prior to making a claim for a Travel Issue (and you must provide evidence of having done so).
4. Minimum Quality Standards, Guide Responsibilities and Reimbursement to Tourist: If you are a Guide, you are responsible for ensuring that the Tours/Experiences you list on the Site and Mobile Application meet minimum quality standards regarding adequacy of the description on the Site, safety, health, and do not present a Tourist with Travel Issues. Throughout the Tour/Experience, Guides should be available in order to try, in good faith, to resolve Tourist issues.
If you are a Guide, and if (i) LUQL determines that a Tourist has suffered a Travel Issue related to an Experience listed by you and (ii) LUQL either reimburses that Tourist any amount up to the amount paid by the Tourist through the Site for the Experience or provides an alternative Experience to the Tourist, you agree to reimburse LUQL up to the amount paid by LUQL within 30 days of LUQL’s request. All determinations of LUQL with respect to the Tourist Refund Policy, including without limitation the size of any refund to the Tourist, shall be final and binding on the Tourists and Guides. You also agree that in order for you to reimburse LUQL up to the amount paid by LUQL, LUQL may off-set or reduce any amounts owed by LUQL to you by this amount. If the Tourist is rescheduled to an alternative Experience, you may lose part or all of the Tour/Experience Fee payment for the booking and you may be responsible for reasonable additional costs incurred to reschedule the Tourist to the alternative Experience.
The rights of the Tourists under the Tourist Refund Policy supersede the cancellation policy that otherwise applies to a particular Experience. If you dispute the Travel Issue you may notify us in writing (firstname.lastname@example.org) or via telephone and provide us with information (including evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Tourist prior to disputing the Travel Issue claim (and you must provide evidence of having done so). You agree that all determinations of LUQL with respect to the Travel Issue shall be final and binding on the Tourists and Guides regardless of your submission of a dispute against such Travel Issue. In the event of one or more
Travel Issues, LUQL, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews or notifications indicating Travel Issues, canceling future bookings, suspending or removing the listing of the Experience or imposing penalties or fees for the administrative burden associated with the Travel Issues.
5. General Provisions.
a) No Assignment/No Insurance. This Tourist Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Tourist, and the Tourist has not paid any premium in respect of the Tourist Refund Policy. The benefits provided under this Tourist Refund Policy are not assignable or transferable by you.
b) Modification or Termination. LUQL reserves the right to modify or terminate this Tourist Refund Policy, at any time, in its sole discretion, and without prior notice.
c) If LUQL modifies this Tourist Refund Policy, we will post the modification on the Site and Mobile Application or provide you with notice of the modification and LUQL will continue to process all claims for Travel Issues made prior to the effective date of the modification.
d) Entire Agreement and Definitions. This Tourist Refund Policy constitutes the entire and exclusive understanding and agreement between LUQL and you regarding the Tourist Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between LUQL and you regarding the Tourist Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the LUQL Terms of Service. Controlling Law. This Tourist Refund Policy will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.
e) Limitation of Liability. IN NO EVENT WILL LUQL’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS LUQL POLICY TERMS, EXCEED THE AMOUNT OF THE EXPERIENCE FEES COLLECTED BY LUQL FROM THE TOURIST. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING AN EXPERIENCE OR OTHERWISE USING THE SITE, SERVICES AS A GUIDE OR TOURIST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.
6. Contacting LUQL: If you have any questions about the Tourist Refund Policy, please contact LUQL at email@example.com.