Experience Provider Agreement
Last Updated: 3 September 2020
EXPERIENCE PROVIDER AGREEMENT
Below you will find the Experience Provider Agreement (the “Agreement”) is by and between you (“the Experience Provider ”or“ you”/“your”) and Unmissable England Limited, or “we”/“our”/“us”). All defined terms used here shall have the meaning accorded to such terms in the Agreement.
Experience Providers accept this Agreement and agree to Unmissable England’s Terms and Conditions (Booking Conditions) — which incorporate this Agreement. The person entering into this Agreement on behalf of a business or other legal entity, represents the Experience Provider and has the necessary authority to bind such entity to this Agreement and Terms and Conditions.
Please ensure you read this Agreement carefully.
2. The Agreement
Unmissable England is a national Destination Management Organisation specialising in experiential tourism. Unmissable England (including its booking website www.unmissableengland.com) and has no involvement in the organisation, delivery or management of the experiences/tours. Experience Providers are responsible for delivering the services (experiences/tours).
By using Unmissable England you accept our terms laid out in this Agreement and indemnify Unmissable England from all liability associated with the organisation, supply and management of experiences/tours.
Experience Providers agree when using Unmissable England that they are responsible for and liable for providing the services properly, complying with all applicable laws, having sufficient insurance in place and suppliers agree to indemnify Unmissable England against any guest claims or chargebacks.
Experience Providers agree to provide experiences/tours or other tourism-related services that Unmissable England may market and distribute via it’s own website and social media channels for booking by customers as described in this Agreement.
In addition to Unmissable England’s Terms and Conditions, the following areas shall be a part of this Agreement.
3. Modification of these Terms
Unmissable England reserves the right to modify these Terms and Conditions at any time in accordance with this provision. If we make changes to these Terms and Conditions, we will post the revised Terms on our website and update the “Last Updated” date at the top of these Terms.
We will also provide you with notice of the modifications via email at least 30 days before the date they become effective. Please see paragraph 16. referring to details of ending this agreement.
4. On-boarding your Experiences
4.1 Providing Accurate Material/Content
The Experience Provider is responsible for providing accurate material and content, which will be used by Unmissable England for distribution of your experience(s). You must own the image rights or have written consent and permission of the image when upload any image on to Unmissable England. Unmissable England cannot be held liable for any misuse of images and reserves the right to remove images where necessary. You must also provide high resolution images to display on your listing page. Unmissable England can reject images that are low resolution or poorly taken photography.
B: Text content:
The Experience Provider is responsible for providing accurate text content, which will be used by Unmissable England for distribution of your experience(s). You must own the intellectual property or have written consent and permission of the text content when submitting to Unmissable England. Unmissable England cannot be held liable for any misuse of intellectual property and reserves the right to remove content where necessary. Unmissable England can reject content that is poorly written or lacks description and can request the Experience Provider to rewrite where appropriate.
The Experience Provider is responsible for ensuring it’s information is on-boarded accurately, including the details and overview of the experience, the capacity, availability, duration and prices are kept up to date and all information onboarded about your experiences is accurate. You must also provide high resolution images to display on your listing page. Unmissable England cannot be held liable for any inaccurate information.
4.2 Keeping Availability Up To Date
The Experience Provider is responsible for ensuring that availability (dates/times) are kept up to date at all times. Over allocating or misplacing will be at your own risk and Unmissable England cannot be held liable.
4.3 Your Commitment to Run the Experience
By on-boarding your experience on Unmissable England you are making a commitment to run the experience as listed assuming you obtain bookings, your terms and conditions are met and unforeseeable circumstances do not interfere.
4.4 Communicating with Guests
Unmissable England will communicate directly with guests on your behalf when enquiring about your experience(s) before booking. Once an experience has been booked, the Experience Provider will receive information about the guest(s) and be able to contact them directly by email.
4.5 Booking Process
When guest 'book' an email will be sent to the Experience Provider to alert them to the booking. Experience Providers have 24 hours (for experiences less than 1 day), or 48 hours (for multi-day experiences) to reply to Unmissable England to accept and confirm the booking. You can decline the booking, please see section below on 'Cancellation by Experience Provider Policy' penalties will apply.
5. Being safe and insured
When accepting this Agreement and creating your membership account with Unmissable England, you agree you have the relevant certifications, first aid and insurance to run the experiences you on- board onto Unmissable England. You must ensure you keep these certifications, first aid and insurance up-to-date, so you have cover at the time of the experiences you are running. You are responsible for ensuring you and all people delivering experiences on your behalf are appropriately insured for the experiences you are offering. You are responsible for ensuring the safety of guests on your experiences. You indemnify Unmissable England for any damages resulting in the negligence or accident on such activity. Unmissable England may ask you to provide and submit evidence of your relevant certifications, first aid and insurance.
6. Pricing Plans
When signing up, you will be asked to select a pricing plan. This plan is based on the number of experiences you are allowed to on-board during the course of a year. Fees are non-refundable and you will be charged following the creation of your membership account. Experience Providers may wish to increase the number of experiences they can on-board. This can be updated at anytime.
7. Pricing Plan Renewal
Your selected plan will automatically renew itself on a yearly basis. You will be notified of this 30 days prior to this automatic process. You may at any point write to us to end your annual plan or cancel your plan in the dashboard.
8. Service Fee
In exchange of using Unmissable England’s services to distribution your experience(s), you agree for Unmissable England to charge you a service fee (commission) set at 15% per each order (booking). This includes card processing fees. This fee will be automatically taken before pay out.
9. Your Payout
When receiving orders (bookings) via Unmissable England you agree for Unmissable England to hold the money, until 2 working days after the experience has taken place. This enables us to process any possible refunds or cancellations. Payment will be made by BACS only. You will need to provide your banking information when signing-up.
10. Refunds and Cancellations
Experience Providers can cancel experiences at anytime if no bookings have been taken by Unmissable England.
Whilst there’s no minimum number of guests set on an experience, you can still cancel an experience and reschedule, if you only have one guest booked, but must cancel at least 3 days before the experience is scheduled.
If an Experience Provider has more than one guest booked then the experience must take place as agree by the terms and conditions. If the Experience Provider decided to cancel they will incur a penalty charge.
If the Experience Provider decides to cancel an experience Unmissable England will not pay the Experience Provider, but will charge a penalty fee as below:
Experience Providers agree to the following Cancellation by Experience Provider Policy:
Cancellation by Experience Provider Policy:
Days before the experience penalties is scheduled:
Least 14 days - No penalties
13 - 7 days - £5 per guest
6 - 0 days - £10 per guest
11. Cancellations Due to Weather
If bad weather creates a safety issue, either before or during the experience, the Experience Provider may postpone or cancel the experience. If you do cancel before the scheduled experience please inform Unmissable England as soon as possible. If you cancel during the experience, you will be required to reschedule or refund with guests directly. We may ask you to provide documentation as evidence.
12. Cancelling for an Emergency (including COVID19) or Unavoidable Circumstances
If you need to cancel due to an emergency. We may ask you to provide documentation. Please contact us as soon as you are made aware of the emergency. Experience Providers are encouraged to reschedule wherever possible.
13. Refunds due to a Complaint following an Experience
If a guest has a complaint and/or requests a refund after payout on the experience that you provide, it is your responsibility to resolve the situation. The delivery and quality of your experiences are solely your responsibility and any issues must be handled directly between the guest and Experience Provider. Unmissable England will not issue refunds after payout.
14. Rescheduling by Experience Providers
Experience Providers are encouraged to reschedule wherever possible rather than cancelling an experience altogether. There are no fees or penalties for Experience Providers to reschedule if they reschedule minimum of 14 days before the experience is scheduled. After 14 days the Cancellation by Experience Provider Policy applies.
If you are rescheduling you must contact us as soon as possible so that we can inform guests on your behalf.
15. Cut-off Times
Providers can set their cut-off times. This is when bookings can no longer be made. Options are: 7 Days, 5 Days, 3 Days, 24 Hours.
16. Ending this Agreement
This Agreement is effective as of the date on which the Experience Provider accepted this Agreement and will remain in effect thereafter, until terminated in accordance with this Agreement.
Either party may cancel this Agreement:
- At the point where prior obligations will be fulfilled including delivery of experiences that have been booked and paid for, or payments are due to be made;
- At least 30 days written notice to the other of its intent to cancel this Agreement.
Unmissable England reserves the right to terminate this agreement with the Experience Provider at any point if any of the following occur:
- Non payment of the annual fee;
- Copy/content/images provided are of a poor standard or quality and do not meet our standards;
- Fail to deliver a scheduled experience without any prior warning to guests and to Unmissable England;
- Persistent complaints, negative/poor reviews and feedback from guests;
17. English Law
The present Agreement will be governed by English Law and any dispute will be resolved exclusively by the English courts. This Agreement does not affect your statutory rights.
© Unmissable England Ltd 2020. All rights reserved. Date of issue: September 2020.