Terms and Conditions
Description of the services
subcultours is an online platform for experiences where international and national travelers can connect with local artists and creative entrepreneurs and create art and products together. subcultours is responsible for the organization of the experience.
By using the website, travelers can book subcultours with their prefered local artists and creative entrepreneurs. The complete booking process happens online and payment is made by credit card or paypal.
Role and responsibilities of subcultours
subcultours is not a tour operator nor it is a travel agent. subcultours does not provide any other travel services or similar. Its role and responsibilities are strictly limited to facilitating the connections between the creative locals and travelers in arranging for subcultours processing payment transactions between the creative locals and travelers, when the latters book the subcultours experience.
All intellectual property to the content (except for the user content) featured or displayed on the website or application or via the services, is the property of subcultours and is protected by copyright laws, patent and trademark laws and other legislation. You are not allowed to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the site, application or services.
In subject to your compliance with these terms, subcultours grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the website solely in connection with your use of the services, and access and use any content, information and related materials that may be made available through the services.
Your use of the services
The website and services are intended solely for travelers and artists and creative entrepreneurs who are 18 years of age or older. Any access to or use of the website or services by anyone under 18 is expressly prohibited. By accessing or using the website or services you represent and warrant that you are 18 years of age or older.
Requirements for the creative locals and subcultours
If you are a traveler, you understand and agree that a creative local is not an individual involved in professional travel activities. A creative local is not a licensed nor qualified tour guide. The creative locals are individually selected by subcultours respective to the quality and uniqueness of their art work, service and product. The creative local is a person, who resides and has knowledge of a certain creative area and wishes to share it with the travelers so that they become acquainted with the area from the perspective of the creative local.
For each experience, a profile for the respective creative local is created and showcased. This profile reveals information about the specific subcultours experience as well as personal information about the creative local in form of text, pictures and videos. The profiles will be made publicly available via the services. Travelers will be able to book a subcultour via the website and services based upon the information provided in the creative entrepreneur’s profile.
We will monitor all feedback obtained from travelers prior to publishing any reviews on the website and social media accounts of subcultours. However, we cannot be held liable for any derogatory or negative feedback received from travelers.
If you are Local, you represent and warrant that your Profile and subcultours will not breach any agreements you have entered into with any third parties, will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply, and will not conflict with the rights of third parties. We do not take any liability for any kind of reviews from travelers on third party websites and channels.
Please note also that any experiences offered by a creative local must comply with the following requirements: The experience has to be delivered personally by the creative local who confirmed the booking.
User interaction and conduct
You are solely responsible for your interactions with other users, whether online or in person. subcultours assumes no responsibility or liability for any loss, damage, theft, injury or death resulting during the use of subcultours’ services. You agree to take reasonable precautions in all interactions with other users, and conduct any necessary investigation before meeting another person. subcultours is under no obligation to become involved in any disputes between users, but may do so at its own discretion.
Contact details of both parties will be automatically released after booking is confirmed via subcultours payment system. In case you bypass the subcultours platform, you isolate yourself from safe payments, customer support in case of dispute, refund policies and trustful reputation through our review system. Any attempts to exchange contacts before booking or execute transactions outside of the website can also be a reason for limiting you from using our services.
You agree not to use the services to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libellous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction, to sell, promote, or advertise any product or service other than subcultours to advertise sexual services, to advertise or promote any illegal product or service, and to promote any political, ethnic, racial or religious organisation or belief.
When using the website and our services you are not allowed to send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, interfere with or disrupt the integrity or performance of the website or the data contained therein, or our servers or networks, attempt to gain unauthorised access to the website or its related systems or networks or to any other computer system or website, or take any action that imposes an unreasonably or disproportionately large load on our system.
You are solely responsible for all user content that you upload, post, publish or display or email or otherwise use via the services.
All user content submitted by you on the website or via the services will be considered non-confidential and non-exclusive. You grant to subcultours a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your user content in any manner or media now or later developed, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner in all formats and distribution channels.
We reserve the right to monitor user content uploaded to the website at any time. We may decide, without noticing to you, to remove, edit or delete any user content which we consider at our sole discretion that such user content is either bogus or in breach of these terms. If subcultours chooses to monitor any user content, it assumes no responsibility for, or any obligation to monitor or remove such user content.
If you are a traveler and wish to book a subcultour, you may do so either through the website or by email. In case information provided in a profile of a particular creative local is not sufficient for you to decide on the subcultours experience or you have any special requests relating to the subcultour, you will be able to discuss this with subcultours by sending a direct email. In order to book the subcultour, you will be asked to provide customary billing information such as name, billing address and credit card or paypal information. The booking will be displayed to you before sending a final booking request to subcultours.
If you are a creative local and a booking is requested for your subcultour through the website, you will be required to either confirm or reject the booking within the next 24 hours of booking request. Otherwise the booking request will be automatically cancelled.
subcultours adds a fee on top of each creative local’s price per experience.
Before setting the subcultours final price, the creative local must evaluate the fees and any local taxes applied for providing subcultours services. The subcultours final price has to include any such fees and taxes that the creative local determines that he/she has to collect. The subcultours final price displayed in the advertisement of a subcultour or profile includes all fees and taxes and is final for the traveler.
As a creative local you agree that subcultours adds a service fee on top of each suggested price per traveler and per subcultours experience.
A fixed transfer fee of US $3 will be applied for every international wire transfer payout we make. The transfers are made as SEPA or paypal.
A traveler can make a payment directly via the website or request a none-listed subcultours via email. At the time of payment a credit card of the Visitor, who made the booking, is debited the full amount of the subcultours fee.
We will initiate transfer of the subcultours fee (minus our service fee) to the creative local within the next 30 days after receiving the money from the traveler booking. The service fee will be deducted from the subcultours fee before the transfer to the creative local is done.
Cancellations and Refunds
If, as a traveler, you wish to cancel a confirmed booking made via the website and services, at least 72 hours prior to the day of the subcultours experience, 100% of the subcultours fee will be refunded to you. The same amounts shall be refunded to you in case a creative local cancels a confirmed booking prior to the day of the subcultours experience. Any confirmed and paid booking cancellation must be initiated by telephone to the subcultours office at 0178 334 7559 or by email firstname.lastname@example.org at least 72 hours before the actual subcultours experience takes place. We will acknowledge and confirm your cancellation via email.
As a traveler you are also entitled for a refund of 100% of the subcultours fee in case a creative local fails to arrive for the subcultours experience.
If as a traveler you do not cancel your booking 72 hours prior to the day of the subcultour, the payment is not refundable.
Any refunds will be made by us within a commercially reasonable time of the cancellation or request for refund.
You agree that subcultours, in its sole discretion, may suspend or terminate your use of the services and remove and discard any content within the service, for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the services, may be referred to appropriate law enforcement authorities.
Limitation of liability
We disclaim any and all liability to you for the supply of the services we provide to you to the fullest extent permissible under applicable law. If we are found liable for any loss, damage, injury, theft or death to you, such liability is limited to the amount of any service fee that we may have received in respect of which a claim has arisen. We cannot accept any liability for any loss, damage, expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of website and services or for any services we may provide to you.
Your use of the website and services is without any warranty or guarantee and is entirely at your own risk.
We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the website.
You agree to indemnify, defend, and hold harmless us from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your user content, your use of the services and your conduct in connection with the services or with other users of the services, or any violation of these t erms, any law or the rights of any third party.
Modification of the Services
subcultours reserves the right to modify or discontinue, temporarily or permanently, the services or any part thereof with or without notice. You agree that subcultours will not be liable to you or to any third party for any modification, suspension or discontinuance of the services.
These terms constitute the entire and exclusive understanding and agreement between subcultours and you regarding the website and services.
subcultours may assign its rights and obligations under these terms to any party at any time without notice to you.