Experience Provider Agreement (Terms of Business)
Last Updated: 22 April 2021
TERMS OF BUSINESS/ EXPERIENCE PROVIDER AGREEMENT
Below you will find the Terms of Business (the “Agreement”) by and between you (“the Experience Provider ”or“ you”/“your”) and Unmissable England Limited, or “we”/“our”/“us”). All defined words used herein shall have the meaning accorded to such terms in the Agreement.
By entering into the Agreement, you agree to all terms and conditions contained in these Terms of Business. These Terms incorporate by reference the Unmissable England Agreement for Experiences which can be found here and the Unmissable England’s Terms and Conditions (Booking Conditions) which apply in relation to all Bookings for Experiences made with you by us. You agree to read and to ensure that you understand the Unmissable England Agreement for Experiences.
The Experience Provider accepts this Agreement and agrees to Unmissable England’s Terms and Conditions (Booking Conditions).You confirm that 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 these Terms of Business.
Please ensure you read this Agreement carefully.
2. The Agreement
Unmissable England is a national Destination Management Organisation (DMO) and Online Travel Agent (OTA) specialising in experiential tourism. Unmissable England (including its booking website www.unmissableengland.com) facilitates the booking of Experiences by members of the public but has no involvement in the organisation, delivery or management of experiences/tours which are offered by the Experience Provider. The Experience Provider is solely responsible for delivering tall aspects of the experiences/tours offered on the Unmissable England platform.
By using Unmissable England you accept our terms as set out in this Agreement and you indemnify Unmissable England against all liability associated with the organisation, supply and management of experiences/tours offered by the Experience Provider and offered on the Unmissable England platform.
The Experience Provider agrees when using Unmissable England that you are solely responsible for and liable for providing the Experiences in all respects properly, complying with all applicable laws, having sufficient insurance in place and suppliers agree to indemnify Unmissable England against any claims or chargebacks in relation to members of the public and their party who book any Experience provided by you.
The Experience Provider agrees to provide Experiences 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.
4.4 Communicating with Guests
Unmissable England will communicate directly with members of the public who make Bookings and their 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 that you have and will maintain all relevant certifications, first aid facilities and insurances to run the Experiences you on-board with Unmissable England. You must ensure you keep these certifications, first aid and insurances up-to-date, so that 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 all members of public who participate in your Experiences. You fully indemnify Unmissable England for any liability, losses, damages, costs and expenses (including legal fees)arising in relation to the Experiences. Unmissable England may ask you to provide and submit evidence of your relevant certifications, first aid and insurance.
6. Pricing Plans
We will ask you 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 for using Unmissable England’s services to distribute your Experience(s), you agree for Unmissable England to charge you a service fee (commission) set at 15% per each order (booking). If you are a not-for-profit organisation, a charity, or trust and have documentation to prove this, we will reduce this service fee from 15% to 10%. 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 participants set in relation to any Experience, you can still cancel an Experience and reschedule, if you only have one [participant booked, but in this case you must cancel at least 3 days before the Experience is scheduled.
If the Experience Provider has more than one participant booked then the Experience must take place as advertised and in accordance with all relevant terms and conditions. If the Experience Provider decides to cancel you will incur a cancellation charge.
If the Experience Provider decides to cancel an Experience, Unmissable England will not pay the Experience Provider, but will charge a cancelation 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 participant
6 - 0 days - £10 per participant
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 participants 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 participant 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 participants and the Experience Provider. Unmissable England will not issue refunds after payout. We will direct all complaints and claims to the Experience Provider.
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.
18. Words and phrases defined in the Unmissable England Agreement for Experiences and the Unmissable England’s Terms and Conditions (Booking Conditions) shall have the same meanings in the Agreement.
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