Cancellation Policy
This Cancelation policy is secondary to the Outfitters or Guides Cancelation Policy in relation to Adventures and bookings that are subject to the Cancellation Policy.
Last updated: September 9th, 2022
This Cancellation Policy is made pursuant to the Trustoa, Inc. (the “Company”) Terms of Service, which govern the use of the Company’s “GoGuide” application, website, and service, including any content, functionality and services offered on or through www.goguide.io or any other website through which the Company makes its services available (the “Website”), and to any mobile, tablet and other smart device applications, and application program interfaces (the “Application”) (collectively, the “Services”). All Adventures booked via the Services create an Agreement between registered users seeking adventures (“Explorers”) and other registered users offering authentic adventures in the community (“Locals”). Locals can use the Services to publish experiences and excursions in their fields of expertise (“Adventures”), which can then be booked by Explorers who wish to participate in that Adventure.
Your access to and use of the Services is conditioned upon compliance with the Terms of Service and your understanding and agreement that the Company is merely a facilitator providing an online marketplace connecting users, and that the Company is not a participant in any relationship between users, Locals or Explorers, nor is it a party to any contractual relationship between a Local and an Explorer.
This Cancellation Policy is incorporated into and forms part of the Terms of Service, and any Explorer or Local participating in any Adventure offered through the Services is bound by the Cancellation Policy. Any terms not defined herein have the meaning given to them in the Terms of Service.
1. Scope
1.1 This Cancelation policy is secondary to the Outfitters or Guides Cancelation Policy in relation to Adventures and bookings that are subject to the Cancellation Policy.
1.2 Locals and Explorers are responsible for any variations to a booking (“Variations”) and agree to pay any costs associated with such Variations.
2. Refunds
2.1 The Company will provide refunds in accordance with this Cancellation Policy, in its sole discretion, which may include consideration of Exceptional Circumstances as defined herein.
2.2 The Company reserves the right, in its sole discretion, to cancel an Adventure and make a refund or payout decision, including for any of the reasons set out in the Terms of Service, this Cancellation Policy, or if it believes in good faith that it is necessary to (a) avoid significant harm to the Company, registered users, third parties or property, or (b) comply with requirements, guidelines and recommendations of federal, provincial and municipal governments, including without limitation during times of heightened risk of transmission of COVID-19.
2.3 If an Explorer cancels an Adventure, the following penalties are the standard penalties that will apply, unless there are circumstances which dictate otherwise
company is liable for stripe processing fee
2.3.1 If Company does not have their own Cancellation Policy (Exceptional Circumstances) then the situation is subject to Sections bellow 2.3.2 If company does have Cancellation Policy then that is the process that must be followed for the situation. Note, there is no guarantee the Company will refund the Adventure Fee, or excluding any applicable credit card or other processing fees;
2.3.2 if cancelled more than 48 hours before the start time of the Adventure, there is no penalty, but there is no guarantee the Company will refund the Adventure Fee, or excluding any applicable credit card or other processing fees;
2.3.3 If cancelled within 48 hours of the start time of the Adventure, there will be no refund.
2.4 If an Explorer is entitled to a refund upon cancellation, the Company will make the payment back to the Explorer after deducting any applicable penalty and/or processing fee. If any amount is owed to the Local, the Company will make the appropriate Payout to the Local, unless there are Exceptional Circumstances.
2.5 If a Local cancels an Adventure, the following provisions govern the cancellation, unless there are Exceptional Circumstances:
2.5.1 the Explorer will receive a full refund of the Adventure Fee for the Adventure;
2.5.2 if the Local makes a cancellation more than 48 hours before the start time of the Adventure, there will be no penalty;
2.5.3 if the Local makes a cancellation within 48 hours of the start time of the Adventure, the Local will be charged a
penalty of 20%, with the penalty to be deducted from future Payouts;
2.5.4 the Local’s calendar will be blacked out for the dates on which they have cancelled so that they will no longer be able to host an Adventure on that date; and
2.5.5 an automatic review/rating will be posted to their page citing the cancellation.
2.6 If a Local cancels within 48 hours of the start time of an Adventure more than 3 times they will be removed from the Services.
2.7 If the Company cancels an Adventure pursuant to the Terms of Service or any of the Company’s Policies, including for Exceptional Circumstances, you agree that the Company is not liable for such cancellation or refunds, aside from its obligations to remit refunds or Payouts pursuant to the Terms of Service or this Cancellation Policy.
2.8 If you owe additional amounts due to Variations or cancellations, you agree that the Company may collect such amounts by charging the same financial instrument used to make your booking.
2.9 The Payment and Payout Terms will apply to any payments, refunds or transactions related to a cancellation or Variation.
3. Unforeseen Circumstances
3.1 The following circumstances will be considered Unforeseen Circumstances which are out of a Local’s or Explorer’s control and give the Company the discretion and permission to possibly with evidence override the Outfitter/ Guides Cancellation Policy and make refund decisions, or to waive cancellation penalties:
3.1.1 unexpected death or serious illness of a Local, Explorer or immediate family member;
3.1.2 serious injury;
3.1.3 natural disaster or severe weather that impacts the Adventure;
3.1.4 travel restrictions that arise outside of an Explorer’s or Local’s control, including without limitation any travel restrictions imposed by governmental authorities in response to the COVID-19 pandemic;
3.1.5 Government-mandated obligations issued after the time of booking, including without limitation any requirements, guidelines and recommendations of federal, provincial and municipal governments imposed in response to the COVID-19 pandemic;
3.1.6 unforeseen circumstances that impact the ability to safely engage in the Adventure; or
3.1.7 any additional circumstances deemed relevant by the Company, in its sole discretion.
3. Unforeseen Circumstances
4.1 This Cancellation Policy does not constitute an offer to insure and it is not an insurance contract, nor does it take the place of insurance obtained or obtainable by the Explorer or Local. No registered user has paid any premium in respect of the Cancellation Policy.
4.2 The benefits provided under this Cancellation Policy are not assignable or transferable by you.
4.3 The Company reserves the right, at its sole discretion, to modify or replace this Cancellation Policy at any time. If a revision is material, which is to be determined by the Company at its sole discretion, the Company will provide at least 30 days’ notice on the Website or Application prior to any new terms taking effect. Your continued access to or use of the Services after any revisions become effective, will mean that you accept and agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services and should refrain from doing so.
4.4 This Cancellation Policy, together with the Terms of Service and the Payment and Payout Terms, constitutes the entire agreement between you and the Company regarding cancellations and refunds and supersedes any and all prior understandings or agreements between you and the Company regarding cancellations and refunds.
4.5 If you have any questions about these Terms, or wish to submit a Unforeseen Circumstances request, please contact the Company by e-mail at helpdesk@goguide.io.