Planet Pass is an innovative mobile app for people to get awesome travel experience and to dive deep into different culture.
We believe that new experience is the main purpose of any travel. It is not the hotel or the flight that we remember most of the time. We travel for new cities, new people and for a taste of local life.
We created PlanetPass to help you to discover and book unique tours and activities in the most efficient way you can imagine.
You no longer need to spend your time for phone calls and correspondence, no more waiting in lines or rushing to a bus schedule. With PlanetPass a wide selection of popular tours can be booked instantly and accessed immediately. Just choose your tour, make the payment and meet the guide.
London - the city of your dreams - is an ideal place for your first exceptional experience with PlanetPass. Whether you are here for work or on holiday, there is always so much to see and do. All of London’s must-see landmarks, hidden gems and exclusive insights are now available just 30 minutes after you place an order. Other cities are coming soon!
Hope you will join us to discover this amazing world. Small team of passionate travellers with different interests, we are different, but we have the same vision. We believe that new experiences are invaluable. And we are here to change the way people plan their travel.
Last Updated:June 27, 2016
Please read this document carefully as it contains important provisions regarding your rights, remedies and obligations.
1. Key Terms
Compliance Control: the Company responsible for the use and processing Personal Information.
These provisions do not apply to information obtained from the public domain and/or official sources.
2. Personal Data
2.1. The Company shall receive, store, share and process the information, including Personal Information which was made available by the Client or the Guide during Registration, Provision of services, Publication of the content via Applications, as well as:
(a) through the information made available by filling in any form on the Applications (registration, update, other information verification );
(b) the information about the access to or use of the Applications (search, application, request, confirmation, cancellation, refusal);
(c) through the Link to the account of the Client or the Guide on the site of a third party or a payment provider;
(d) Log Data (the IP Address, the date and time of the access to or the use of the Applications, the hardware and software, pages referred to and exit pages and URLs, the number of clicks, event information for the device , pages viewed and the order of those pages, and the amount of time spent on particular pages; cookies; social plugins; Mobile Data (location, IP address, zip code, GPS); transaction information; SMS (Message) and e-mail data).
2.2. The Company may collect the information necessary for the performance of the General Terms and Conditions and operation of the PlanetPass Platform. Such information shall include names, telephones numbers, e-mails, geo-location data, metadata collected by the Guide Application when the Guide is Available.
2.3.Disclosure to the Guide.In order to facilitate the communication between the Guide and the Client via the PlanetPass Platform, upon processing the Booking Request the Company will make available to the Guide the Client’s name, telephone number and personal photograph provided (if any) by the Client at the Registration. Personal data of the Client relating to the Booking Requests and Confirmed Tours is stored in the Company database and will not be made available to other Clients or Guides or published on the PlanetPass Platform.
2.4. Disclosure to other third parties. Subject to applicable laws, the Company or its Affiliates may provide to the Guide or relevant competent authorities any information (including personal data) relating to the Client or the Guiding Services in possession of the Company or its Affiliates if:
(a) it is required by applicable law or regulations as determined by the Company at its sole discretion;
(b) there is a dispute or conflict between the Guide and the Client with respect to the Guiding Services;
(c) it is necessary, at the Company’s sole discretion, to protect the rights of its Affiliates, the Clients, other Guides or third parties, or to detect or prevent any activities that pose a risk of being unethical or illegal;
(d) it is required in order to enforce the Terms.
2.5. The above provisions shall also apply to any personal data collected by the Company or its Affiliates during the Registration.
2.7. The Client shall consent to the employment of his or her personal data by the Company as described above.
3.1. Confidential Information means all the confidential information disclosed by a party to the other party in any form, in connection with this Agreement, including but not limited to:
(e) the Client Information, Login Information, PlanetPass Data;
(f) any information that would be regarded as confidential by a reasonable business person relating to:
(g) the business, affairs, suppliers, plans, intentions, demand and transactions volume or market opportunities of the disclosing party or its Affiliates; and
(h) the operations, processes, product information, know-how, designs, trade secrets or software of the disclosing party or its Affiliates;
(i) any information developed by the parties in the course of carrying out this Agreement.
3.2. Confidential Information shall not include any information that:
(a) is or has become generally available to the public (other than as a result of its disclosure by the receiving party in breach of this Section);
(b) was available to the receiving party on a non-confidential basis before the disclosure by the disclosing party;
(c) was, is or has become available to the receiving party on a non-confidential basis from a person who, to the receiving party's knowledge, is not bound by a confidentiality agreement with the disclosing party or otherwise prohibited from disclosing the information to the receiving party;
(d) is developed by or for the receiving party independent of the information disclosed by the disclosing party.
3.2. Each party reserves all rights to its Confidential Information. No rights or obligations in respect of a party's Confidential Information other than those expressly stated in this Agreement shall be granted to the other party, or to be implied by this Agreement.
3.3. Each party reserves all rights to its Confidential Information. No rights or obligations in respect of a party's Confidential Information other than those expressly stated in this Agreement shall be granted to the other party, or to be implied by this Agreement. Each party shall keep the other party's Confidential Information confidential and shall not:
(e) use such Confidential Information except for the purpose of exercising or performing its rights and obligations under or in connection with this Agreement or maintaining and promoting the PlanetPass Platform (“Permitted Purpose”); or
(f) disclose such Confidential Information in whole or in part to any third party, except to those of its representatives, contractors, partners, agents and service providers who need to know such Confidential Information for the Permitted Purpose, provided that it informs such persons of the confidential nature of the Confidential Information before disclosing it; and provides that such persons shall, in relation to any Confidential Information disclosed to them, comply with the obligations set out in this Section as if they were a party to this Agreement.
3.4. A party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible.
3.5. On termination of this Agreement, each party shall destroy or return to the other party all documents and materials (and any copies) based on or containing, reflecting, incorporating the other party's Confidential Information, and erase all the other party's Confidential Information from computer and communications systems and devices used by it (to the extent technically and legally practicable). This Section shall not apply to any Confidential Information that is required to be stored in accordance with the applicable laws, the Company’s internal record-keeping policies or for the purposes of maintaining and promoting the PlanetPass Platform).
4. Cookies Policy
4.1. The Company shall use “cookies” in conjunction with the Applications in order to obtain information.
4.2. Session cookies will expire when the Client or the Guide close the Applications or browser.
4.3. Persistent cookies will remain on the device after the Clients or the Guides close the browsers. It can be used again the next time when the Client or the Guide accesses the Applications.
(a) to enable the functioning of the Applications;
(b) to simplify the access to the Applications;
(c) to monitor and analyze the performance, operation and effectiveness of the Applications;
4.5. The Clients and the Guides may disable cookies or change cookies policy following the prompts by the browsers, applications devices and other hardware.
General Terms and Condition
Last Updated: December 14, 2016
Please read this document carefully as it contains important provisions regarding your rights, remedies and obligations.
1. Key Term
These General Terms and Conditions (the “Terms” or the “Agreement”) form an agreement between you, an individual (the “Client”) and Excursiopedia Operations S.A. (the “Company”). The Company operates PlanetPass, an online platform (marketplace) that is accessible via www.planetpass.com website and mobile software applications and serves as a link between professional tour guides willing to provide guiding services and clients who wish to enhance their tourist experience by engaging a professional tour guide.
The contract for provision of the tourist guiding services is directly between the Guide and the Client (the “Client Contract”) and the Company shall not be a party to the Client Contract. The Company facilitates exchange of information, provides a software license and certain services including the access for the Client to a Third Party Processor (as defined below) for payment of the price for the Client Contract.
The Company neither organizes any tours or excursions of its own, nor provides any similar services.
The Company may amend these Terms and Conditions. Amendments will be effective upon the Company posting of such updated Terms and Conditions www.planetpass.com and Appstore. The Client agrees with these amendments by continuing to use the PlanetPass Platform.
Account: a personalized account of the Client on the PlanetPass Platform created as a result of the Registration and containing information on the Tours, payments, Guides and history of the Client’s activities (Booking Requests, cancellations, etc.).
Affiliate: an entity, that directly or indirectly, controls, is under the control of, or is under common control with a party, where control is understood as having more than 50 % (fifty percent) of the voting stock or ownership interest or the majority of the voting rights of such entity.
Agreement: the agreement formed between the Company and the Client when the Client accepts these Terms by signing up, as prompted during the first launch of the Client Application on the Client registration form.
Applications: collectively the Client Application and the Guide Application.
Application License: a license to use the Client Application granted by the Company to the Client pursuant to these Terms.
Appstore: Apple App Store, which enables to download the Applications.
Attraction: a landmark that is presented as part of the Tour on the PlanetPass Platform and will be introduced by the Guide during a Tour.
Availability Time, Availability, Available: time, when the Guide is available for receiving Booking Requests via the Guide Application, which fits the Schedule.
Booking ID: identification number automatically assigned by the PlanetPass Platform to every Booking Request that is further indicated and used for reference in the Applications, and for support and payment collection purposes.
Booking Request: a Client request placed through the PlanetPass Platform (via the standard form on the Website or the Client Application) for the Guiding Services on a specific Tour on the date and time selected by the Client.
Booking Request Period: a 5 (five) minute period calculated from the moment the Client submits the Booking Request on the PlanetPass Platform, during which the Guide who received the Booking Request via the Guide Application can accept or decline such Booking Request on a “first come – first served” basis.
Business Day: any day other than Saturday, Sunday and the national public holiday in Luxembourg.
Cancellation Fee: a cancellation fee the Client is charged in accordance with the cancellation policies described in the Payments Terms.
Client: an individual who places a Booking Request and enters into the agreement for the Guiding Services directly with the Guide, at least 18 years of age, or the legal age of majority in the Client's jurisdiction (if different than 18).
Client Application: a “PlanetPass” mobile software application (as may be modified by the Company at its sole discretion from time to time), that is owned by the Company and is available for downloading from the Appstore and installation on the Client’s smartphone or other device to enable the Client to place the Booking Requests on the PlanetPass Platform.
Client Contract: has the meaning ascribed to this term in Section 1 of these Terms.
Client Information: information about the Client made available by the Client in connection with the Booking Request and use of the Guiding Services, which may include the Client’s name, contact telephone number and Booking ID, but does not include any payment details.
Company: Excursiopedia Operations S.A. a Luxemburg company with a registered office at 4 rue Jean Engling, Luxembourg L-1466, which operates the PlanetPass Platform, Website and Applications.
Confirmed Tour: a Booking Request accepted by the Guide.
Content: all text, information, data, software (except for the Client Application and the Guide Application), photographs, images, graphics, design, fonts, audio or video and other material in whatever medium or form.
Device: a smartphone, tablet or other mobile device owned or controlled by the Client that meets the minimum configuration and operating system (version) requirements as set forth at www.planetpass.com/ (as updated from time to time).
Feature: any special feature of the Attraction worth mentioning and/or exploring during the Tour (a historical fact, a unique view from or at the Attraction, etc.).
Guest: an individual who attends the Tour together with the Client in accordance with the quantity restrictions set in the Tour description by the Guide, at least 18 years of age, or the legal age of majority in the Client's jurisdiction (if different than 18), or having all mandatory and sufficient parents’ or guardians’ consents to be engaged in the Tour.
Guide: a professional tour guide who has completed the Registration as an independent service provider.
Guide Application: the “PlanetPass Guide” mobile software application (as may be modified by the Company at its sole discretion from time to time) that is owned by the Company and is available for downloading from the Appstore/Play Market and installation on the Client’s smartphone or other device to enable the Guide to receive and manage the Booking Requests on the PlanetPass Platform.
Guiding Services: professional guiding services provided by the Guide as an independent contractor directly to the Client who has placed the Booking Request through the PlanetPass Platform.
Incident: any Tour cancellation by either the Guide or the Client, or any inappropriate behavior of the Guide as alleged by the Client.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighboring and related rights, moral rights, trade marks and service marks, business names and domain names, rights to get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights to designs, rights to computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world, and all rights or forms of protection having equivalent or similar effect in any jurisdiction, provided that Intellectual Property Rights include, without limitation, any Marks.
Login Information: login and password details set by the Client in the course of the Registration, including any further password changes made by the Client, that identify the Client on the PlanetPass Platform and enable the Client’s access to and use of the Client Application.
Marks: any and all trade marks, trade names, service marks, trade dress, logos, URLs or identifying slogans of the Company or its licensors and Affiliates, whether or not registered.
Meeting Point: a location designated in the Tour description as the meeting point for the Guide and the Client, and taken into consideration along with other criteria when distributing the Booking Requests between the Guides.
PlanetPass Content: all Content made available by the Company or its Affiliates through the Website, Applications, advertising campaigns and official social media channels, including any content licensed or transferred with full title to the Company or its Affiliates by third parties.
PlanetPass Data: all data relating to the access to and use of the PlanetPass Platform, Website and Applications, including the Client Information, the Login Information and data relating to the services provided via the Client Application.
PlanetPass Platform: the software, databases and PlanetPass Content comprising an online platform that is accessible via the Website, the Client Application and the Guide Application and enables the Clients to submit the Booking Requests for the Tours, and enables the Guides to accept and manage the Booking Requests and communicate with the Clients in order to provide Tours.
Registration: the process of a Client registration on the PlanetPass Platform pursuant to the Terms.
Schedule: the Guide’s schedule for the next 7 (seven) days which is filled out by the Guide in the Guide Application and indicates the Working Hours.
Stops: parts of the Tour that make up the Tour Program.
Support System: limited Client support system organized by the Company as part of the Services provided to the Guide.
Terms: these General Terms and Conditions for Clients, as may be modified by the Company from time to time in accordance with Section 15.1.
Territory: a city (cities) or area where the Guide is qualified to provide the Guiding Services.
Third Party Processor: means a third party processor legally authorized in its country where it has its registered office to provide services of payment within the meaning of the Services of Payment Law or equivalent law in any other jurisdiction where this third party processor has its registered office and which has been appointed by the Company for the purpose of receiving the price (fees) under the Client Contract for the purpose of services of payment only.
Tour: a walking tour (that may include a short public transportation transfer) guided in accordance with the Tour Program, which is presented on the PlanetPass Platform and available for the Tour Subscription by the Guides and the Booking Requests by the Clients.
Tour Fee: the fee for the Guiding Services on the Tour the Guide shall charge the Client.
Tours List: a list of all Tours available from time to time on the PlanetPass Platform for the Tour Subscription by the Guides and the Booking Requests by the Clients.
Tour Program: the recommended order of Stops on the Tour, including must see Stops, which are the key part of the Tour experience, optional Stops, which the Guide can additionally include in the Tour, and collateral Stops (any public transportation transfers that may be a part of the Tour, lunch breaks, etc.).
Tour Subscription: the procedure through which the Guide confirms the Guide is professionally competent and ready to offer the Tour to the Clients in accordance with the Tour Program and on the terms set out in the Tour description.
Website: a website accessible at www.planetpass.com operated by the Company.
Working Hours: specific time slots during each day when the Guide is ready to provide the Guiding Services as indicated in the Schedule.
(a) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(b) Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed without limitation and shall not limit the sense of the words preceding those terms.
(c) A reference to writing or written includes email to registered email addresses.
(d) Headings are inserted for convenience only and will not affect the construction.
(e) Unless the context otherwise requires words denoting the singular will include the plural and vice versa, references to any gender will include all other genders.
3. These term
3.1. By logging in Client Application, you confirm that you carefully read, understand and agree to all the provisions of these Terms and accept the offer made by the Company to enter into this legally binding Agreement.
3.2. If you do not agree to these Terms you should not use the Client Application and must uninstall the Client Application and fully remove it from the Device.
4. Use of the Client Application and Service
4.1. Login Information. Access to and use of the Client Application requires Login Information provided by the Company in the course of the Registration. The Client shall be prompted to change the password during the first launch of the Client Application. The Client shall keep the Login Information in confidence and shall not disclose it to any third party. The Client shall immediately notify the Company in case the Login Information becomes or may become known to any third parties.
Login Information requires submission to the Company of certain personal information, such as a name, valid mobile phone number and valid email address for the purpose of communication with the Guide and Customer Support service, as well as at least one valid payment method (either a credit card or accepted payment partner).
The Client agrees to maintain accurate, complete, and up-to-date information in Login Information. Client’s failure to maintain accurate, complete, and up-to-date Login information, including having an invalid or expired payment method on file, may result in Client’s inability to access and use the services.
4.2. Restrictions. The Service is not available for use by persons under the age of 18. The Client may not authorize third parties to use the Client Application, and allow persons under the age of 18 to access the Client Application. The Client may not assign or otherwise transfer the Client Application to any other person or entity. The Client may only use the services for lawful purposes. In certain instances the Client may be asked to provide proof of identity to access or use the services, and the Client acknowledges that the Client may be denied access to or use of the services if the Client refuses to provide proof of identity.
4.3. Messaging. By access and use of the Client Application, the Client agrees that the services may send informational text (SMS) messages, push notifications and emails as part of the normal business operation of the services. The Client may opt-out of receiving text (SMS) messages or e-mails from the Company at any time. The Client acknowledges that opting out of receiving text (SMS) messages or e-mails may impact the Client’s use of the Services.
4.4. Booking Request. The Client selects the services using the Client. To request the tour, the Client chooses the number of the Guests participating in the tour, date of the tour and starting time.
After applying for the Booking Request the Client is entitled to be informed about the price and the payment methods.
When the Client applies for the Booking Request, funds are held via the selected valid payment method. The payment will be completed only after the tour is marked as “Completed” in the Client Application by the Guide, as well as in the cases described in the Cancellation Policy.
The Client is not entitled to book online for more than 6 people in a group (including the Client itself and the Guests) for the same date and time in one Booking Request. If the Client is going to book reservations for more than 6 people in a group, the Client should contact the Company’s group travel associates by e-mail at email@example.com.
4.5 Group booking. The Client can participate in Group Booking in order to reduce the cost of the Tour. When the Client visits Group Tours section he can either initiate the Group Booking by clicking plus sign on the Tour’s image or choose any current group below to join it. Groups can be initiated not less than 3 hours prior to the start of the Tour. The Client sets a time span to define constraints of when the Tour should be scheduled, that cannot be less than respective Tour duration and should be within a single date. The Client should indicate whether they are bringing any Guests with them. Guests are added to the group count. Default maximum group size is 6 persons. If the Client is going to book reservations for more than 6 people in a group, the Client should contact the Company’s group travel associates by e-mail at firstname.lastname@example.org.
The Client can join an existing group no later than 1 hour before the start of the Tour. Before joining, the Client should confirm the initial Tour time span or set their own span that cannot begin sooner or end later than the initial Tour time span. The actual start time will be determined according to preferences of all members of the Booking.
Total price of the Tour as well as PlanetPass commision is divided by the amount of people in the group. The price will be divided between all the participants of the Tour, and each Client pays for their Guests’ allotments, if any. No discounts or promo campaigns are applicable to the group booking.
Guide matchmaking process will begin automatically at the group cut-off time (1 hour before the start of the Tour or when the maximum amount of members is reached, whichever is sooner), and once a Guide is matched, all members will receive an email confirmation with the exact start time, Guide’s contact details and other necessary information.
When the Client applies for the Group Booking, funds are held via the selected valid payment method. The payment will be completed only after the Tour is marked as “Completed” in the Client Application by the Guide, as well as in the cases described in the Cancellation Policy.
Client’s preauthorised funds are automatically released in case of the minimum group size (2 Clients) is not reached by the cut-off time. If minimum group size is not reached by the cut-off time, it results in automatic booking cancellation and immediate preauthorisation release for the initiator. In this case the system automatically offers to place individual booking for any Tour with 10% discount. In case the group booking is cancelled by the initiator prior to cut-off time and no other Clients joined, the cancellation is free and fully refundable. Cancellations are not allowed for groups that contain at least two Clients.
4.6. The Client’s Scores. The Company shall permit the Client to score the services provided by the Guide. The Company also is entitled to permit the Client to publish (or make available) the reviews (and other content) as feedback related to the services which help the Company to create the Internal Rating Score. The Internal Rating Score is calculated automatically in accordance with an algorithm based on a set of parameters, including the Guide’s actual Availability to scheduled Availability ratio, the Confirmed Tours to the Booking Requests ratio, percentage of ignored Booking Requests, percentage of the Confirmed Tours cancelled by the Guide, Client reviews, number of Incidents caused by the Guide, regularity of the Schedule updates, and some others.
The Client represents and warrants that either (1) the Client is the exclusive owner of all the contents which he/she made available or (2) the Client has all rights, licenses, consents, releases and waivers necessary to grant the Company the license to the Client content (the ”Client Content”).
The Client agrees not to provide the content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive and/or prohibited.
4.7. Internet access. The client is responsible for obtaining the Internet access necessary to use the Client Application.
The Company does not guarantee that the Client Application will function on any particular hardware or devices. In addition, the Client Application may be subject to malfunctions and delays inherent in the use of the Internet.
4.8. Distributing Booking Requests among the Guides. The Booking Request for the specific Tour will be sent to the Guides subscribed to such Tour in accordance with the automatic algorithm based on a set of objective criteria that are defined and modified from time to time at the sole discretion of the Company, such as each Guide’s Schedule, current Availability, the Guide’s proximity to the Meeting Point and the Guide’s Internal Rating Score. The Guides who fit best into all of these criteria will be the first to receive the Booking Request. The first Guide to accept the Booking Request will provide the Tour to the Client. If the Booking Request is not accepted by any of the Guides within the Booking Request Period, the Client will receive a message stating that the Tour cannot be provided as requested and will not be charged, and the amount blocked for the purposes of securing the payment will be released pursuant to the PlanetPass Payment Terms.
4.9. Booking Request Confirmation. When the Guide accepts the Booking Request for the Tour, the Client and the Guide enter into a legally binding agreement for the provision of the Guiding Services under which the Guide agrees to provide the Guiding Services to the Client in accordance with and on the terms of the Tour Program and the Booking Request. Any alterations of the Tour Program are subject to direct agreement between the Guide and the Client.
The terms of Refunds and Cancellation policy are located at www.planetpass.com and Appstore.
All changes to the Confirmed Tours and Incidents shall be processed by the Support System at Support System telephone number +44 1865 922380.
5. Grant and Scope of the Application License
5.1. In consideration of the Client agreeing to abide by these Terms, including any Application License Restrictions and Acceptable Use Restrictions, and payment of the License Fee, the Company hereby grants the Client a limited personal, non-exclusive, non-sub-licensable, non-transferable, revocable license to use the Client Application on the Device in the Territory subject to these Terms and any other documents, incorporated herein by reference. The Company, its Affiliates and licensors reserve all other rights not expressly granted hereunder.
5.2. The Client may download a copy of the Client Application onto 1 (one) Device and view, use and display the Client Application on such Device solely for the purposes and within the scope of these Terms.
5.3. Application License Restrictions. Except as expressly set out in this Section or as permitted by any applicable local law, the Client shall not or shall not allow any third party to:
(a) remove any copyright, trade mark or other notices;
(b) copy the Client Application except where such copying is incidental to normal use of the Client Application, or where it is necessary for the purpose of back-up or operational security;
(c) rent, lease, sell, sub-license, loan, translate, merge, or adapt the Client Application;
(d) make alterations to, or modifications of, the whole or any part of the Client Application, or permit the Client Application or any part of it to be combined with, or become incorporated in, any other programs;
(e) provide or otherwise make available the Client Application in whole or in part (including object and source code), in any form to any person without prior written consent from the Company;
(f) steam, broadcast, create Internet links to any part of the Client Application, copy or extract any content or otherwise improperly obtain data from the Client Application;
(g) distribute, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Client Application or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Client Application with another software program, and provided that the information obtained by the Client during such activities: (i) is used only for the purpose of achieving inter-operability of the Client Application with another software program; (ii) is not unnecessarily disclosed or communicated without the Company’s prior written consent to any third party; and (iii) is not used to create any software that is substantially similar to the Client Application
(collectively “Application License Restriction”).
5.4. The Client shall comply with all technology control or export laws and regulations that apply to the technology used or supported by the Client Application.
5.5. Acceptable Use Restrictions. The Client shall not:
(a) use the Client Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Client Application;
(b) infringe upon the Company’s Intellectual Property Rights or those of any third party in connection with the Client’s use of the Client Application (to the extent that such use is not licensed by these Terms);
(c) use the Client Application in a way that could damage, disable, overburden, impair or compromise the Company’s systems or security or interfere with other users;
(d) collect, re-utilise, extract or harvest any information or data from the Client Application, or the Company’s systems or attempt to decipher any transmissions to or from the servers enabling the running of the Client Application;
(collectively “Application License Restriction”).
5.6. The Client hereby agrees and acknowledges that the PlanetPass Platform and the Applications together comprise the innovative technology essential to the Company’s business, and that the Company has invested significant effort, time and funds into the development, promotion and building of the reputation of the PlanetPass Platform and the Applications. Given the above the Client further acknowledges and agrees that the Company being the licensor under this Agreement may at its sole discretion exercise all the powers necessary to protect its investments described above and restrict or terminate the Client’s access to and use of the PlanetPass Platform and the Client Application at any time in case of the breach or suspected breach of this Agreement, any act or omission by the Client that disparages or may cause harm to the Company, its Affiliates, the PlanetPass Platform, the Applications or their brand and reputation (as determined by the Company at its sole discretion).
5.7. In particular, the Client agrees that the Company shall be entitled, but not obliged to, verify the Client’s compliance with the Application License Restrictions and Acceptable Use Restrictions, by virtue of random checks.
6.1. The Company agrees to provide the Client with the Services, including bug fixing for the Client Application, Support System services, and payment collection services operated by a Third Party Processor as described in the Payments Terms which are located at www.planetpass.com and Appstore. The Services may not be provided separately from the licensed use of the Client Application.
6.2. Support System services shall be limited to processing Incidents and associated client relationship management services. The Client hereby expressly authorizes the Company to provide refunds (payment of which shall be made through the Third Party Processor) to resolve the Incidents. Support System employees shall strive to process any request via the designated phone number and email within 24 (twenty four) hours of the receipt; however, the Client shall acknowledge that more time may be required under particular circumstances.
7. Financial term
7.1. The Payment terms are located at www.planetpass.com and Appstore.
8. Contractual Relationship
8.1. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the Company or its Affiliates and the Client, constitute any party as the agent of another party, or authorize any party to make or enter into any commitments for or on behalf of any other party, except as expressly provided in this Agreement.
8.2. It is the sole discretion of the Client to determine whether to use the Client Application or not, when, where and for how long to use the Client Application and Services. The Client is free to take action to apply the Booking Request or to cancel such Booking Request. The Client shall acknowledge and agree that the Company has no control over the Guide in general or with respect to the provision of the Guiding Services in particular. Any overseeing of the Guide’s activity by the Company shall be within either the authority given by the Guide to the Company to perform the Support System services, or the powers exercised by the Company as the licensor of the proprietary Guide Application.
8.3. The Client shall further acknowledge that the Client enters into direct agreements (defined as the Client Contract) with the Guides for the provision of the Guiding Services, while the Company is not a party to any agreements between the Client and the Guide, and disclaims any and all liability for the Client’s and the Guide’s performance of those agreements, including payment, to the maximum extent permitted by applicable law. It is the sole responsibility of the Guide to provide quality Guiding Services to the Client as facilitated by the Guide’s use of the Application. The Company’s only duty and obligation to the Client are to perform the Services as specifically provided in these Terms.
9. Intellectual Property Rights
9.1. All Intellectual Property Rights in the PlanetPass Platform, Website, Applications, PlanetPass Content, or any other objects arising out of or in connection with this Agreement are and shall be reserved and held by the Company, its Affiliates and licensors. The Client’s rights of use are subject to the license as described in this Agreement or a separate prior written permission by the Company.
9.2. The Client may use the Marks and other brand elements in order to take advantage of the Client’s use of the PlanetPass Platform. Such use shall be in accordance with the Company guidelines available in the Client Application. Use of the Marks on the contents created by the Client and related to the Tours is subject to prior written approval by the Company.
9.3. The Client shall not attempt to register or otherwise claim ownership of any Marks or any confusingly similar marks in any jurisdiction.
9.4. The Company may, at its sole discretion, permit the Client to submit (via the PlanetPass Platform interface or email@example.com) the content created independently by the Client, including texts and photographs for the reviews to be used on the PlanetPass Platform. By making available any Client Content through or on the Website, PlanetPass Platform or Guide Application, the Client grants to the Company a worldwide, irrevocable, indefinite (or for the term of protection), non-exclusive, transferable, sublicensable, royalty-free license to use, view, copy, modify, adapt, publicly display, publicly perform, broadcast and otherwise use the Content provided by the Client for the purposes of the PlanetPass Platform operation and marketing. The Client shall waive any moral rights to such Content to the maximum extent permitted by applicable law. The Company shall, at its own discretion, decide whether to use the Client Content on the PlanetPass Platform or not and in what form.
9.5. The Client shall be responsible for any Client Content provided to the Company and bear any liability in this regard.
10. Representations and Warrantie
10.1. The Client hereby represents, warrants and undertakes that each of the following representations and warranties is true, accurate and not misleading:
(a) the Client has the requisite power, authority and capacity to sign and perform its obligations under the Terms;
(b) all information provided by the Client to the Company at the Registration is true and accurate;
(c) the Client shall comply with all applicable laws and regulations of the Territory where the Guiding Services are provided by the Guide, including any city regulations or any specific regulations related to the Stops or Attractions, buildings, private properties, parks or other areas accessed by the Guide and the Client during the Tour;
(d) the Client shall guarantee that any of the Guests has all mandatory and sufficient parents’ or guardians’ consents to be engaged in the Tour, if under 18 years of age, or the legal age of majority in the Client's jurisdiction (if different than 18).
10.2. The Client shall further represent and warrant that:
(a) the Client is the sole and exclusive creator and owner of the content provided by the Client or has obtained all the necessary licenses and permissions to be able to grant the license to the Company as described above; and
(b) no Intellectual Property Rights, moral rights, image rights, privacy or any other rights of any third party are infringed and no applicable laws are violated by submission of the Client Content to the Company or subsequent publication and use of the Client Content as described in Section 9.4 above.
10.3. The Company shall use reasonable skill and care in providing the Services.
10.4. No warranty. Disclaimers. THE COMPANY and its Affiliates provide and the CLIENT accepts the CLIENT Application and the Services “as is”, without warranty of any kind, either express or implied save as expressly provided BY these terms.
10.5. THE COMPANY and its Affiliates do not warrant, represent or guarantee that the use of the PlanetPass Platform, Website or CLIENT Application will result in any Booking Requests by the Clients, or the CLIENT’s access to and performance of the Guide Application will meet the CLIENT’s requirements or be uninterrupted, secure or error free. The CLIENT acknowledges and agrees that the Services and the CLIENT Application may be subject to delays, limitation and other problems inherent IN the functioning of the telecommunication networks and technology, and THE COMPANY shall not be responsible for any consequences of these problems.
10.6. Without prejudice to the above, THE COMPANY and its affiliates expressly disclaim to the maximum extent permitted by applicable law any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, as well as warranties regarding the quality of services or accuracy, timeliness, completeness or reliability of the PlanetPass Content, or any other implied warranties save as expressly provided in these terms.
10.7. THE COMPANY and its affiliates make no representations, warranties or guarantees as to the conduct of the GUIDES or any third parties. By accessing and using the PlanetPass platform and CLIENT application the CLIENT acknowledges and agrees that neither THE COMPANY nor its affiliates carry out any background checks on the GUIDES or third parties (including any sexual offender or similar checks), and that APPLYING FOR the booking request is at the CLIENTS’s own risk.
11.1. The Client shall indemnify, defend (upon the Company’s written approval) and hold harmless the Company and its Affiliates, and their respective officers, employees, agents, successors and assigns from and against all liabilities, costs, expenses, fines, payments, claims, demands, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional fees, costs and expenses suffered or incurred by the Company or its Affiliates of whatever kind and nature howsoever arising out of or in connection with any of the following matters (including all enforcement and other costs):
(a) any breach of the Client’s representations and warranties;
(b) the Client’s breach or negligent performance or non-performance of these Terms or the Client’s agreements with the Guides;
(c) any claim made by a third party (including the Guides, the city authorities or regulators) against the Client for actual or alleged infringement of a third party's re rights (including Intellectual Property Rights) arising out of or in connection with the use of the Client Application or the PlanetPass Platform, or provision of the Content by the Client;
(d) any violation of applicable laws by the Client.
11.2. This indemnity shall apply irrespectively of whether or not the Company or its Affiliates have been negligent or at fault.
12. Limitation of Liability
12.1. Subject to Section 10.3, the Company and its Affiliates shall not be liable under or in connection with these Terms, for any of the following, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, and whether the Company or its Affiliates have been informed of the possibility of such damage:
(a) any incidental, special, exemplary, consequential or other indirect damages, and any loss of profits, revenues or other economic advantage; loss of sales or business or contracts; loss of anticipated savings; loss of use or corruption of software, data or information; damage to goodwill or property;
(b) any use of or inability to access and use the Website, the PlanetPass Platform and the Client Application or emotional distress arising out of or in connection with these Terms;
(c) any use of or inability to access and use the Services, or communication with the Guides, except for the gross negligence on part of the Company.
12.2. The Company does not exclude or limit its liability for:
(a) death or personal injury caused by its negligence, while the parties clarify for the avoidance of doubt that the Company only provides the Application License and the Services as described in the Terms;
(b) fraud including fraudulent misrepresentation;
(c) transfer of the Tour Fee.
12.3. This Section shall survive termination of the Agreement.
13. Commencement, Duration and Termination
13.1. This Agreement shall commence on the date the Terms are accepted by the Client and shall continue until terminated as described in Section 3.2 (indefinite duration).
14. Consequences of Termination
14.1. On termination the Client shall immediately fully remove the Client Application from the Device.
14.2. Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination of this Agreement shall remain in full force and effect.
14.3. Termination of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination.
15.1. Modification. The Company shall reserve the right, at its sole discretion, to amend these Terms at any time and without prior notice. Should the Company amend these Terms, a relevant notice will be made to the Client via the Client Application and/or the Client’s email registered with the Company. The Client’s continued use of the Client Application after the amendments have been made shall signify the Client’s agreement to be bound by the amended Terms. If the Client disagrees with the amendments the Company has made the Client shall stop using the Client Application and shall immediately fully remove the Client Application from the Device.
15.2. Special Terms. The Company may offer special terms of cooperation to the Client on a temporary or permanent basis or provide additional terms for certain features or functionality. Such additional terms and conditions will supplement these Terms and will take precedence in case of a conflict.
15.3. Force majeure. Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for more than 2 (two) weeks, the unaffected party may terminate this agreement by giving a 2 (two) days' written notice to the affected party.
15.4. Assignment and other dealings.
(a) The Company may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Terms and may subcontract or delegate in any manner any or all of its obligations under the Terms to any third party or agent.
(b) The Client shall not, without the prior written consent of the Company, assign, transfer, charge, subcontract, or deal in any other manner with any or all of its rights or obligations under the Terms.
15.5. Entire agreement. Subject to Sections 3.3 these Terms and the documents referred to therein to the extent permitted under applicable law shall constitute the entire agreement between the Company and the Client and supersede and extinguish all previous or contemporaneous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
15.6. Waiver. A waiver of any right or remedy is only effective if given in writing, except as expressly provided by these Terms, and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or to perform the single or partial exercise of any right or remedy shall not:
(a) waive that or any other right or remedy; or
(b) prevent or restrict the further exercise of that or any other right or remedy.
15.7. Severance. If any provision (or part thereof) of these Terms is or becomes illegal, invalid or unenforceable in any respect, that will not affect or impair the legality, validity or enforceability of any other provision of these Terms. If any illegal, invalid or unenforceable provision of these Terms would be legal, valid or enforceable if some part or parts of them were modified, such provision shall apply with the minimum modifications necessary to make it legal, valid or enforceable if given the purpose and contents of the Terms. The illegal, invalid or unenforceable provision will be replaced unanimously by the Company by such a provision which most closely accomplishes the purpose of the illegal, invalid or unenforceable provision. If such modification is not possible, the relevant provision (or part thereof) shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Section shall not affect the validity and enforceability of the rest of the Terms. The abovementioned regulation is applied correspondingly in terms of regulatory gaps.
(a) Any notice or other communication by the Client to the Company shall be delivered to firstname.lastname@example.org. Support System telephone number +44 1865 922380 should be used additionally for the Tour cancellations and urgent notices and queries as prescribed by the Terms. The Company is entitled, but not obliged to, record telephone communications with the Client to protect its interests and improve the Services. A notice or other communication sent to the above email shall be deemed to have been received 1 (one) business day after transmission.
(b) Any notice or other communication by the Company to the Client shall be delivered either to the Client’s email or telephone provided during the Registration and associated with the Client Account, or through the Client Application (including via push notifications and similar features).
|(c) The provisions of this Section shall not apply to the service of any proceedings or other documents in any legal action.
15.9. Third parties. No one other than a party to these Terms shall have any right to enforce any of its provisions.
15.10. Governing law. The Terms, and any dispute or civil, criminal, regulatory or administrative action, claim, proceeding, suit, investigation, or any other proceeding or hearing whatsoever (including of non-contractual nature) arising out of or in connection with the Terms or their subject matter or formation shall be governed by, and construed in accordance with the law of the Grand Duchy of Luxemburg without regard to any conflict of laws provisions.
15.11. Jurisdiction. Each party irrevocably agrees that the courts of Luxemburg shall have exclusive jurisdiction to settle any dispute or civil, criminal, regulatory or administrative action, claim, proceeding, suit, investigation, or any other proceeding or hearing whatsoever (including of non-contractual nature) arising out of or in connection with the Terms or their subject matter or formation.
Last Updated:June 27, 2016
Please read this document carefully as it contains important provisions regarding your rights, remedies and obligations.
1. Payment Processing
1.1. The Client shall agree and acknowledge that the Company doesn’t perform any service of payment activities within the meaning of the law of 19 November 2009 on payment services, on the activity of electronic money institution and settlement finality in payment and securities settlement systems, as amended (the “Services of Payment Law”) and thus the Company doesn’t fall within the scope of the Services of Payment Law.
1.2. The Client and the Company agree that any service of payment activities to be performed in respect of the PlanetPass Platform shall be made by a Third Party Processor appointed on a discretionary basis by the Company.
1.3. The Client shall submit to the Company personal information about at least one valid payment method (either a credit card or accepted payment partner). The Client Application allows using the following credit cards:
(c) American Express
The Company does not charge any service fee for processing credit or debit card payments.
2. Tour Fee
2.1. The Client agrees to buy the Guiding Services at the Tour Fee stated on the Booking Request. To secure the payment of the Tour Fee the Client shall provide the bank card details to the Company’s Third Party Processor via the Website or the Client Application when submitting the Booking Request. Once the Booking Request is accepted by the Guide, the amount of the Tour Fee will be blocked by the Third Party Processor in accordance with the PlanetPass Payment Terms. The Client hereby appoints the Company as the Client’s agent solely for the purposes of instructing a Third Party Processor to deliver payments from the Client of the price under the Client Contract which shall include the Tour Fee (subject to any discounts and refunds). The payment made by the Client through the Third Party Processor shall be deemed as payment made by the Client directly to the Guide. The payment will be completed only after the Guiding Services are provided and the Tour is marked by the Guide as “Completed” in the Client Application .
2.2. The Company agrees to provide the Services for the Client, including bug fixing for the Client Application, Support System services, and payment collection services operated by a Third Party Processor. The Services may not be provided separately from the licensed use of the Client Application.
2.3. If the Client receives a message stating that the Tour cannot be provided as requested, the Client will not be charged, and the amount blocked for the purposes of securing the payment will be released.
3. Taxes and fees
3.1. The Client shall be aware of the tax procedures and regulations of the country and the Territory where the Guiding Services are provided and is solely responsible for filing all tax returns, tax reports and other relevant documents (if required), as well as for settling the Client’s tax liabilities by the Client.
3.2. The Client shall be aware of currency exchange into local currency where the Guiding Services are provided. The Client shall contact the appropriate bank in advance about all additional fees concerning the services provided by the bank.
4. Cancellation Fees and Refunds
4.1. Cancellation Fees and refunds are stipulated by the PlanetPass Refund and Cancellation Policy and shall be treated in the same manner as the Tour Fee for the purposes of defining the Company obligations.
Refund and Cancellation Policy
Last Updated:December 14, 2016
1. Private Booking Changes and Cancellations, Resolution of Incidents. Cancellation by the Client.
1.1. Support System. All changes to the Booking Request, the Confirmed Tours and Incidents shall be processed by the Support System. The Client shall inform the Company about all the changes to the Booking Request, the Confirmed Tours and Incidents at Support System telephone number +44 1865 922380.
1.2. The Client can cancel the Booking request through the Support System:
(a) no later than 3 (three) hours before the scheduled start of the Tour, if the Booking Request is made 6 (six) or more hours before the scheduled start of the Tour;
(b) within 30 (thirty) minutes after the Guide’s acceptance of the Booking Request, if the Booking Request is made between 6 (six) and 2 (two) hours before the start of the Tour;
(c) within 10 (ten) minutes after the Guide’s acceptance of the Booking Request, if the Booking Request is made less than 2 (two) hours before the start of the Tour.
1.3. In the events indicated in Section 1.2 above the Client will not be charged, and the entire amount blocked for the purposes of securing the payment will be released pursuant to the PlanetPass Payment Terms. However, if the conditions set forth in Section 1.2 are not met, the Client will be charged by the Company on behalf of the Guide the Cancellation Fee in the amount of 100 (hundred) percent of the Tour Fee.
1.4. Should the Confirmed Tour be cancelled for any reason, the relevant time slot becomes available in both the Client Application and the Guide Application and a different Booking Request may be placed and accepted by the Guide for the same time subject to the Terms.
1.5. The Client’s Tardiness. Should the Client or the Client’s Guest be late for the start of the Tour, the Guide shall wait for the Client and/or Guest for the time limited by the length of the Tour, unless the Client confirmed to the Guide the Client’s inability to attend the Tour or that the Tour may be started for the Client without the Guest or for the Guest without the Client, as the case may be. When the Client and/or the Guest arrive to the Meeting Point, the Guide conducts the Tour shortened by the time of the Client’s or Guest’s tardiness. The Guide is entitled but not obliged to provide the whole Tour if he or she has no other Confirmed Tour to follow. In the event of the tardiness or no-show on part of the Client, the Client pays the Guide 100 % (hundred percent) of the Tour Fee.
1.6. The Client is not entitled to any refund after the Tour and any other Guiding Services have been provided.
3. Group Booking Cancellations.
2.1. Group Booking can be cancelled in the following cases:
(a) if minimum group size (2 Clients) is not reached by the cut-off time, it results in automatic booking cancellation and immediate preauthorisation release for the initiator;
(b) if minimum group size (2 Clients) is not reached Group Booking can be cancelled by the initiator prior to the cut-off time.
2.2. In the events indicated in Section 2.1 above the Client will not be charged, and the entire amount blocked for the purposes of securing the payment will be released pursuant to the PlanetPass Payment Terms. In all the other cases cancellations for Group Bookings are not allowed and both initiator and joined Clients will be charged in full.
3. Cancellations by the Guide
3.1. If the Guide cancels the Confirmed Tour, the Client will not be charged, and the entire amount blocked for the purposes of securing the payment will be released pursuant to the PlanetPassPayment Terms.
3.2. The Guide’s Tardiness and other Incidents. If the Client reports to the Support System the Guide’s tardiness or inappropriate behaviour during the Tour , the Company shall on behalf of the Guide provide to the Client a discount or a refund (as may be applicable) with respect to the Tour Fee in the amount of 5% (five percent) – 30% (thirty percent) to compensate the Client. The precise amount shall be reasonably determined by the Company depending on the nature of the Incident with the intention to ensure there is no unreasonable damage to the reputation of the Guide.
Technical Requirements for the PlanetPass Mobile App
The PlanetPass app is supported on iOS mobile platform, with some device and operating system requirements. An Internet connection is necessary to run the app.
The current version of the iOS application requires an iPhone 4s or later running iOS 8.0 or higher. For the most up-to-date information about the latest app version and its requirements and to download the app, visit the App Store on your iOS device or the iTunes application. System notifications for the application as well as access to PlanetPass servers over the Internet must be enabled.
For optimal PlanetPass performance, we recommend keeping your mobile device operating systems updated and upgrade to the late model devices as allowed by your mobile plan. Future PlanetPass versions may require removing support for older operating systems and sometimes newer operating system releases don’t perform well on older devices.
A Wi-Fi or cellular network connection is needed to run the PlanetPass application. For cellular connections, a 3G network or faster is required. For the best performance, we recommend using Wi-Fi or LTE.