Guidesty - Terms & Conditions

Welcome to Guidesty's official website, located at https://www.guidesty.com ("Website"). Guidesty is a company incorporated with its main office in [Location, City/Country] ("Guidesty"). Our website is designed to assist users ("Users") in planning their travels efficiently.

These terms and conditions govern the relationship between Guidesty and its Users.

BY COMPLETING THE REGISTRATION FORM AND EXPRESSING AN INTENT TO USE THE SERVICE PROVIDED BY GUIDESTY ("Service"), USERS AGREE TO HAVE READ, UNDERSTOOD, AND ACCEPTED THESE TERMS OF USE, INCLUDING ANY CHANGES TO THE PRIVACY POLICY OVER TIME. THESE TERMS GOVERN YOUR USE OF THE WEBSITE AND SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE REFRAIN FROM USING THIS WEBSITE AND ANY SERVICES OFFERED BY GUIDESTY.

Please note that Guidesty is not a travel agency, tour operator, or a provider of any travel or touristic services and is not governed by laws applicable to those entities. Users must avoid any actions or statements that suggest otherwise.

1. The Services

1.1 General

Guidesty offers a website through which Users can freely optimize their travel plans. Specifically, Guidesty assists Users in creating tailored travel plans, including:

• Activities: Users can explore and select various activities available at their destination. Guidesty helps organize these activities based on the User's preferences and budget considerations.
• Accommodations: Users may provide their accommodation details to organize activities efficiently around this location.
• Meals: Users can plan their meals according to personal taste and budget. Guidesty can suggest restaurants that meet the User's dietary preferences and restrictions. Please note that Guidesty is not liable for any adverse effects resulting from meals chosen during your travels.

1.2 Complementary Services

• Social Media Integration: Users can upload media related to their travel destinations, allowing Guidesty to better organize their trips. Users must ensure they have the right to share this content.
• Share Your Plan: Users have the option to share their travel plans with others within the Guidesty community by opting in through the Community Trips feature.

1.3 User Responsibility

Users acknowledge that they are responsible for all decisions made regarding their travel schedule tailored to their personal needs. Guidesty is not liable for choices made concerning activities, accommodations, or meals.

1.4 Collaboration Period

The collaboration in organizing the travel plans is available only for a limited number of days as agreed upon by the parties.

2. Access and Registration

To use Guidesty's Services, Users must:

• Login: Users can log in using their Google account.
• Agree to Terms: Users must accept these Terms and Conditions, Privacy Policy, and Cookies Policy.

2.2 Accurate Information

Users must provide accurate, truthful, and complete information during registration and keep this information up to date.

2.3 Right to Deny Access

If any information provided by Users is found to be false, inaccurate, or incomplete, or if there are reasonable grounds to question the authenticity of the information, Guidesty reserves the right to deny access to the Website and Services, either presently or in the future.

2.4 Account Creation

Users can create an account using Google Authenticator ("Account").

2.5 Account Security

Users must keep their Account details confidential and not share access with others. Users are solely responsible for all activities conducted under their Account. Any unauthorized use of the Account must be reported immediately to Guidesty via email at info@guidesty.com.

3. Booking Process

3.1 Third-Party Bookings

Users should understand and accept that bookings for activities, hotels, or restaurants need to be made through third-party websites. While Guidesty may refer users to these third-party platforms, it does not establish any legal relationship with them. Any legal dealings will be directly between the user and the third-party site, and Guidesty holds no liability in these interactions.

3.2 Handling Bookings

All bookings, cancellations, or changes to reservations for activities, hotels, or meals must be handled through these third parties. Guidesty is not responsible for the actual booking or cancellation of these services as this does not form part of the services Guidesty provides.

4. Warranties and Limitation of Liabilities

4.1 Platform Use

Guidesty provides a platform to assist users in planning their travels but is not involved in the actual services booked via third-party channels.

4.2 User Responsibility

Users acknowledge that they use Guidesty's services at their own risk. Guidesty will not be liable for any direct or indirect losses, including lost profits or other damages that users may suffer as a result of using the services provided on the website.

4.3 No Travel Services

It is important for users to understand that Guidesty does not provide travel or touristic services directly. Users are solely responsible for the organization and execution of their travel plans. Guidesty's role is limited to providing a platform for information and trip organization. Therefore, Guidesty cannot be held liable for any actions or failures of third parties, including any personal injuries, death, property damage, or other damages resulting from user interactions with third-party services.

4.4 Liability Cap

Should Guidesty be found liable for any damages connected with the use of the website or its services, the total liability will not exceed USD 1,000.

5. Users Obligations

5.1 Legal and Responsible Use

Users must use the website responsibly and legally, adhering to the laws of the jurisdiction from which they access the website, and general ethical standards. Users are expected to strictly comply with these terms and conditions.

5.2 Prohibited Activities

Users must not use their account or the website to engage in illegal activities that could harm the rights and interests of third parties or that could damage or impair the functionality of the website and its services. Users should also not interfere with other users' use of the website.

5.3 Liability for Violations

Users will be held liable for any loss or damage resulting from their violation of these terms. Guidesty assumes no responsibility for losses or damages resulting from unlawful use or access by third parties.

5.4 Specific Prohibitions

Specifically, users agree not to:

• Alter or modify any part of the website, bypass or disable its functions;
• Infringe on intellectual property rights or data protection regulations;
• Use the website to insult, defame, intimidate, or harass others;
• Access other users' email accounts;
• Introduce viruses or harmful software that could damage the website or others' systems.

5.5 Reporting Violations

Users can report other users who they believe are violating these terms and conditions. Likewise, users can report abuses or violations to Guidesty by emailing info@guidesty.com. Guidesty will review such reports and take appropriate actions, including possible removal or suspension of users from the website. Guidesty also reserves the right to remove any content that is illegal or offensive without prior or subsequent notice.

6. Indemnification

6.1 User Indemnification

To the full extent permissible by applicable law, Users agree to defend, indemnify, and hold harmless Guidesty from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising from:

• Any breach or alleged breach by the User of these Terms and Conditions or any representations made herein;
• Any act or omission by the User violating any applicable law;
• Any claim arising from the planning or execution of activities, hotels, or meals that results in personal injury, death, property damage, or other losses;
• Any claim related to inaccuracies, inadequacies, or misleading information provided by the User and used on the Guidesty platform, unless it directly results from Guidesty's errors in publishing such information;
• Any claim arising from delays, cancellations, or other situations beyond Guidesty’s control;
• Any misuse of personal data by the User, including breaches of data protection laws.

7. Intellectual Property

7.1 Ownership

All Intellectual Property Rights in and to the Website and its content, including but not limited to patents, trademarks, copyrights, and trade secrets, are owned by or licensed to Guidesty. Users are not granted any rights to use the intellectual property without prior written permission from Guidesty.

7.2 No Waiver

Access to the Website does not constitute a waiver or transfer of intellectual property rights. Unauthorized use, including modification, copying, or distribution of the Website's content, is strictly prohibited without express written consent from Guidesty.

7.3 User Content Rights

Users who upload or share content via the Website assert they have the necessary rights to do so and hold Guidesty harmless from any claims related to the legality or ownership of such content. Users grant Guidesty a free, exploitable right to use any content provided through the Website.

7.4 Social Media Sharing

Users may share their social media usernames and content, such as TikTok videos or Instagram reels related to their services or trips organized through Guidesty, for potential promotion on Guidesty’s platforms. However, Guidesty is not obligated to use any user-submitted content.

8. Data Protection

8.1 Privacy Commitment

Guidesty commits to protecting user privacy and personal information. Users can refer to Guidesty’s Privacy Policy for details on data collection and protection practices.

8.2 Data Sharing

Guidesty will not share personal data with third parties without explicit user consent, except as necessary to provide the services requested by users.

9. Prohibited Activities

9.1 Security and Conduct

Users must not engage in activities that:

• Compromise the security or operation of the Website or other users' privacy;
• Involve the transmission of viruses or harmful code;
• Are illegal, abusive, defamatory, or in violation of third-party rights.

10. Amendments to Terms

10.1 Right to Modify

Guidesty reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting on the Website, and continued use of the Website after such changes will constitute acceptance of the new Terms.

11. External Sites

11.1 Links to External Sites

The Website may include links to external sites, over which Guidesty has no control. Guidesty is not responsible for the content or accuracy of any external sites and disclaims liability for any damages arising from their use.

12. Contact

12.1 Support

Users with questions or who need support can contact the Guidesty team at info@guidesty.com.

13. General

13.1 Governing Law

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. These Terms are governed by the laws of the Netherlands, and any disputes will be subject to the exclusive jurisdiction of the courts of The Hague.

Effective Date: 22/04/2024