Terms & Conditions
Last updated: November 15, 2016
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.fromigo.com website (the "Service") operated by Fromigo Ltd ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Commission payment to Fromigo
Fromigo requires a commission for handling the booking and payment process by the Guide. The standard commission is 20% (twenty per cent). For bigger volumes commission may be lowered.
The commission will be drawn from the amount paid to Fromigo by the customer upon the booking of a certain product. If no payment is credited to Fromigo (e.g. revocation of credit card payment), there will be no commission credited to Fromigo.
Credit card fees, banking fees, etc.
Credit card and banking fees for customer payments to Fromigo are borne by Fromigo.
Credit card and banking fees for payment transfers to the supplier will be borne as follows:
Fromigo bears the cost of its own bank/credit card organisation.
The supplier bears the cost of his own bank/credit card organisation.
In order to exchange messages between the customer and the supplier that are not meant for the general public, Fromigo offers a basic messaging functionality on www.fromigo.com. Messages are exclusively meant for information concerning the service offering and its execution. Personal messages or messages not pertaining to the service may not be exchanged through the messaging functionality. Contracts and cancellations may not be executed or negotiated through the messaging functionality.
Fromigo is explicitly entitled to monitor messaging via www.fromigo.com and delete any which do not comply with these criteria.
General rules for communication
The supplier may neither in his product description nor via a private direct message refer the customer to his own external internet website or otherwise provide information to get in touch outside of the Fromigo booking platform.
The supplier is required to handle all customer inquiries etc. received through Fromigo exclusively on the Fromigo booking platform. The supplier will neither directly nor indirectly urge a customer, who got in touch through Fromigo, to book a product outside of the Fromigo booking platform. If a prospective customer, who got in touch through Fromigo, inquires to book a product outside of the Fromigo booking platform, the supplier will refer him to the Fromigo booking platform.
Should a supplier violate these provisions, the commissions on the contracts closed outside of the Fromigo booking platform are payable, just as if they had been closed on the platform. Fromigo may claim compensation of costs and expenses arising from the prosecution of such violations. In such cases, the supplier always owes Fromigo a minimum compensation of £100.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of [email protected] and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorney’s fees) for misrepresenting that any Content is infringing your copyright.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Fromigo Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Fromigo Ltd.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Fromigo Ltd.
Fromigo Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Fromigo Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall Fromigo Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Locals are liable for each and every one of the Activities that they publish. Users are exclusively responsible for maintaining suitable behaviour during the performance of the Activity and, in particular, they commit to act in accordance with the current legislation and to not commit any act that may be considered criminal.
Fromigo Ltd shall not assume any liability whatsoever as a result of the early finalization of the Activity by the Local due to inappropriate conduct by the Traveller or as a consequence of any of the foregoing.
If Locals and/or Travellers cause any damages, they are to reimburse the full cost of the damage caused to the person and/or entity to whom said damage may have been caused. In addition, they are to indemnify Fromigo Ltd for the full amount of any claims presented against Fromigo Ltd by any third parties as a consequence of said damage.
If, due to any cause, the Local was not able to fulfil the Activity booked by the Traveller, Fromigo Ltd shall not assume any liability other than that of carrying out the corresponding reimbursement. The Local shall be solely liable for any damages that may be derived as a consequence of the foregoing.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Fromigo Ltd, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Cancellations by the customer
As a traveller, you can always cancel and we will partly or fully refund you. A confirmed reservation can be cancelled by a traveller at any time up to the moment of the actual event. When cancelled 7 days before the actual event, 100% of the paid amount will be refunded to the traveller. In this case no payment will be made to the host.
When cancelled later than 7 days before the actual event, no refund is issued to the traveller, but the host will still get their money. Statutory cancellation possibilities are exempt from these regulations.
Cancellations by the supplier
The supplier may cancel the contract only if unforeseeable or unavoidable external circumstances make it impossible, significantly impede or compromise to carry out the service. The supplier is obliged to inform the participating customers as early as possible and process the cancellation through the customer support of Fromigo.
If cancelled by a guide, the traveller will get a 100% refund. A confirmed reservation can be cancelled by a host at any time up to the moment of the actual event. In this case, the traveller will get a 100% refund. In this case, no payments are done to the host.
If you have any questions about these Terms, please contact us at [email protected]