By using Bookativity.com you agree to the Terms of Use set out here below constituting the contract between you and Bookativity.com that governs your use of the website.
If you disagree in any way with these Terms of Use and continue to make use of our services your continued use will be unlawful and we request that you please do not use bookativity.com.
1. Scope of the Services
Bookativity, through Bookitivity.com, (the “Website”) offers a FREE OF CHARGE service to consumers (the “Guests”) solely to search, browse, book and pay for, or in other words find, choose and purchase all kinds of activities and /or services, (collectively the “Services”) published thereon from Activity / Services providers, (collectively the“Activity Operators”) who distribute the Services on the Website and for no other purpose. Bookativity.com is not a contracting party for the Services purchased by the Guests on the Website. Bookativity endeavours only to provide our platform to legitimate and reputable Activity Operators, but notwithstanding that, the Guest agrees that the Website does not constitute and should not be interpreted as providing any recommendation or endorsement by Bookativity of the quality, service level, qualification or safety of any Service or Activity Operator distributed thereon.
Bookativity provides Guests with the Website, so that Guests can find the Activity Operator and Service of their choice and make a booking by directly contracting with and paying the Activity Operator that they have selected. The contract relating to the Service being booked is expressed in the Terms and Conditions of the Service that is provided by the Activity Operator, as the sole basis on which it will accept the booking from the Guest. Before being allowed to pay an Activity Operator for a service on the Website, a Guest has to read, understand and subsequently by making payment agrees to the terms and Terms and Conditions, thereby establishing a contract for the Service(s) directly between him or herself and the Activity Operator. Bookativity is not a contractual partner for the booked Service. Bookativity, through the Website, acts solely as a platform intermediary between the Guest making the purchase and the Activity Operator supplying the Service(s).
2. Use of the Website
Bookativity provides the Website for personal and non-commercial use only and retains all intellectual property in the software, design and look and feel of the Website as well as reviews and textual detail it owns under contract with Activity Operators and writers. Consequently, no one is allowed not allowed to make any commercial or competitive use of the Website. It is expressly prohibited that the Website be used in any way including by copying, translating, monitoring (e.g. to access by robot, to spider or to scrape), framing, mirroring or otherwise displaying, downloading or reproducing any content or information, software, features, products or services offered through or available on the Website. You agree not to violate the limitations on access set in any robot exclusion headers on this Website or in other measures employed to prevent or limit access to this Website. You agree also to abstain from any activity that would have the effect of placing in the sole discretion of Bookativity an undue load on our infrastructure and that is inconsistent with normal human browsing and purchasing behaviour.
Any use that falls outside this ambit can only be carried out after obtaining the express, specific consent from Bookativity which must define the exact scope and purpose of such exceptional use of the Website. Use of the Website in the abovementioned prohibited manner without such express written consent is unlawful and constitutes a material infringement of Bookativity’s intellectual property rights including but not limited to our copyright and database right.
As a condition of use of this Website, users must be at least 18 years of age; have the legal authority to create a binding legal obligation; use this Website in accordance with these Terms of Use; only use this Website to make legitimate reservations for him or herself or for another person for whom he or she is legally authorized to act; users must inform such other persons about the Terms of Use that apply to the reservations that he or she made on their behalf, including all rules and restrictions applicable thereto; and only supply information to this Website that is true, accurate, current and complete.
By using this Website the Guest accepts the full extent of the Terms of Use set out in this document and agrees to abide fully by these terms.
3. Reservations
This Website may be used only by legal adult users 18 years and older for the making of bona fide, legal and binding reservations of Services for themselves and those for whom they have legal authority to make reservations. The Guest agrees that when making a reservation on the Website he or she enters into an agreement directly with each Activity Operator providing a Service being reserved on the Terms and Conditions published on the Website for that Service by that Activity Operator.
The Website accesses the native inventory in the system of the Activity Operators themselves where they maintain such availability and can instantly report availability status, reserve capacity and confirm reservations for Guests who have selected Service(s), contracted with the Activity Operator(s) by accepting their Terms and Conditions, and offered a payment that is processed successfully.
The Guest agrees that he or she is aware that when purchasing more than one services, or services from more than one supplier, that each service or supplier transacts on different Terms and Conditions and that they will read the terms relating to each service before making their reservation. The Guest further acknowledges that by making the reservation they are entering into an agreement on Terms and Conditions that they made a declaration that they have read and understood for each of the Services.
The Guest acknowledges that any no show, late arrival, violations of rules or restrictions for example relating to soberness, height, weight, fitness, experience level, age or other breach of the Activity Operators Terms and Conditions, or refusal to sign a liability waiver required by the Activity Operator, may result in legal refusal of service and forfeiture to the Activity Operator of 100% of the monies paid upon reserving the Service(s) without any right of recourse.
Reservations on this Website will only be bindingly confirmed if: 1. made by a person legally using a payment method or source of funds that they are authorised to use, 2. if correct identity and contact details are provided, 3. if the Terms of Use and Terms and Conditions of the Services are complied with, and 4. if payment is effectively received.
Any competitive, speculative, false, or fraudulent reservation or any reservation in anticipation of demand; or in any way contravening the abovementioned conditions may result in the cancellation of such reservation and any other reservations associated with your name, email address or account, and closure of any associated Bookativity accounts.
In the event that Bookativity believes that you have conducted any fraudulent activity, we reserve the right to institute necessary legal action and which may result in you being liable for monetary losses to Bookativity, including our litigation costs and damages.
4. Payments and Refunds
For a Guest to hold a confirmed booking, the Activity Operator requires a single upfront payment from the Guest, for one or more Services, provided by one Activity Operator, in one total amount shown on the booking details on the check out page of the Website.
This single payment by the Guest is securely processed by the Activity Operators chosen third party payment processor. As soon as the payment processor confirms the single payment is authorised, each associated reservation is confirmed by the Website. The single payment is processed by The Activity Operators chosen payment processor, and paid directly to the Activity Operator(s) whose Service(s) are booked in the associated reservation(s).
Should funds not be received from the Guest’s bank account, the Activity Operator(s) reserves the right to cancel the confirmed reservation with notice to the Guest.
Bookativity through the Website in no way or form receives payment on behalf of The Activity Operator(s) and in that capacity Bookativity assumes no liability for any acts or ommissions of the Activity Operator(s).
Any claims for refunds of payments actually received that are made under the Terms and Conditions offered by any Activity Operator, must be made to that Activity Operator directly, using the Customer Care contacts at the Activity Operator that is provided on the booking confirmation. Such claims are normally answered by Activity Operators within 21 days. Payments of refunds will be made from the Activity Operator’s bank account to the Guest’s bank account directly, or via a payment processor, at the election of the Activity Operator.
5. Cancellations
By making and paying for a booking with an Activity Operator on the Website, the Guest accepts and agrees to the Terms and Conditions including the cancellation and no-show policy of that Activity Operator. The Terms and Conditions of each Activity Operator should be read during the reservation procedure and if not accessible, you should request such Terms and Conditions from the Activity Operator Directly. The cancellation policy in the Terms and Conditions may have a general non refundable rule or no refund after a date is reached closer than a number of days before the activity date and any other type of rule that may be designed by the Activity Operator.
Guests must therefore note that if they cancel a reservation the Terms and Conditions and specifically the cancellation policy therein will come into operation and will be applied to their reservation by the Activity Operator who will decide if any refund is due. The Guest shall therefore not be entitled to any refund of any prepaid amount unless the Activity Operator agrees or allows otherwise such refund under its cancellation policy.
To review, make changes to or cancel a reservation, the Guest must access his or her confirmation email and contact the Activity Operator on the customer care contact details provided on the confirmation email. Such claims are normally answered by Activity Operators within 21 days. The Guest may incur a charge for his or her cancellation or may not be entitled to any repayment of any prepaid amount. It is therefore very important that the Guest must take the time to carefully read and understand the cancellation and no-show policy in the Terms and Conditions of the Activity Operator before completing any reservation on the Website.
6. Information and Service Provided
The Service and Activity Operator details that the Website publishes is based on information provided and/or researched by Bookativity and approved by Activity Operators. The Activity Operators use an online system to which they load and/or approve, update and maintain all rates, availability and other information about Services published on the Website and they continue to be responsible to maintain all the information for their business on which the Website and our Guests rely completely current, accurate, comprehensive and dependable. This includes descriptive information, rate information and information based on which availability is reported on the Website. Therefor the Website and the information it contains does not constitute a recommendation, endorsement or guarantee by Bookativity of any Activity Operator and their Services, quality or reliability.
While Bookativity uses reasonable skill and care in executing our endeavour of aggregating Activity Operators and facilitating that they can present their Services to the public in an up to date manner via the Website, Bookativity will not independently verify the accuracy of information, and we do not guarantee that all information provided is current, accurate, comprehensive and dependable representation of the Activity Operators and their Services. Nor do we guarantee that we will find and/or fix errors or inaccuracies committed by any Activity Operators or members of our own staff.
Bookativity can not be held responsible for any inaccurate, misleading or untrue information or information not provided, any service interruptions (resulting from any outage, repair, upgrade or maintenance of our Website or otherwise) or errors (including due to manifest and typographical errors) whether any of the above relate to including, without limitation, the quality, reliability, dependability, the pricing, photographs, details of what products or services include or exclude, arrangements and requirements relating to services and, general product descriptions or any service or product or Website related data or event and disclaim liability from any such cause and similar causes.
Reviews and opinions published on the Website are intended to facilitate a broader and more varied perspective on the subject matter for Guests. Any reviews and opinions of locals, Activity Operators and their staff as well as any other industry participants, bloggers, writers or members of the public published are the personal opinion of the individuals and or companies concerned and does not represent the opinions of Bookativity, and to the extent that any member of the Bookativity employee base publishes a review or opinion or any other comment on this Website, that is also their own personal opinion and cannot be construed to be the opinion of Bookativity. We do not endorse any opinions or reviews whether of Activity Operators, members of the public or any member of our staff published in the opinions and reviews sections of the Website, nor do we guarantee their value or accuracy.
Bookativity makes no representation nor do we guarantee the availability of any Activity Operator, or Service(s) from time to time. The Website does not constitute and should not be interpreted as providing any recommendation or endorsement of the quality, service level, qualification or safety of any Service or Activity Operator distributed thereon.
Bookativity does not guarantee that the Website or any affiliated Website will be uninterrupted or error free, that defects will be corrected, or that Bookativity.com or the servers that make it available are free of viruses or bugs. Bookativity and it’s Affiliates and their respective suppliers may make improvements and/or changes on the Website at any time. Bookativity does not accept liability for damages caused by computer viruses, spyware and other malicious computer programs.
Guests therefore use or refrain from using the Website and information and data contained therein voluntarily and at their own risk and in full knowledge that Bookativity excludes liability for their access or use of this Website including all the therein contained information and data and the products and services therein represented.
Bookativity, upon finding rate related errors or booking pricing errors, shall have the right to correct such rate or pricing errors on our Website and on bookings made under a wrong rate or booking price but not yet consumed. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
7. Provision of Submissions in the form of reviews, opinions, photographs and descriptions
Note that by submitting content or input to this Website whether by email, on site submissions or in another manner, whether in the form of reviews, visual images, video footage, suggestions, ideas or anything similar (collectively, “Submissions”), the Guest grants Bookativity and its subsidiaries (collectively, the “Bookativity Group”) and the affiliated website partners through whom Bookativity distribute its services (collectively, the “Bookativity Affiliates”), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any digital media; and (b) use the name that the Guest submits in connection with such Submission.
The Guest agrees that Bookativity may publish his or her name and town of residence together with any submission on the Website at Bookativity’s own discretion, and that such submissions may be shared with our Activity Operator partners. The Guest also grants Bookativity the right to take legal action against any person or entity that infringes his or her or Bookativity’ rights in the Submissions by a breach of these Terms of Use. The Guest recognises and agrees that Submissions made are intended to be public and are not confidential or proprietary. The Guest hereby relinquishes any and all ‘moral rights’ that he or she may have in Submissions including the right to have the Submission attributed to him or her or the right that the Submission may not be altered.
The Guest agrees that he or she has no objection to the publication, use, modification, deletion or exploitation of his or her Submissions by Bookativity, the Bookativity Companies or any Bookativity partners or licensees. Bookativity takes no responsibility and assumes no liability for any Submissions posted or submitted by the Guest. Bookativity is not obliged to publish the Submissions of the Guest; and Bookativity reserves the right in our own discretion to determine which Submissions are published on the Website. A Guest should only provide Submissions to this Website if he or she agrees completely with these Terms of Use.
