We’ve tried our best to make our Terms of Service ("Terms") as clear and understandable as possible. If you have any questions or concerns about them, please contact us at email@example.com.
Below is a quick summary of some main parts of this agreement, but there are important details in the whole document, so you should read it carefully.
Last updated: December 8th, 2019
Thank you for using Everfells!
Please read this Terms of Service ("Terms") agreement carefully as it contains important information regarding your legal rights and obligations.
By accessing or using this website or any other websites of Everfells, its affiliates or agents, you represent that
(1) You have read, understand, and agree to be bound by the Terms of Service,
(2) You are of legal age to form a binding contract with Everfells, and
(3) You have the authority to enter into the Terms of Service personally or on behalf of the company you have named as the customer, and to bind that company to the terms of service.
If you do not agree to be bound by the Terms of Service, you may not access or use this website or the Services. Failure to use the Everfells Platform in accordance with these Terms may subject you to civil and criminal penalties.
These Terms form a binding legal agreement ("Agreement") between you and Everfells ("we", "us", or "our") governing your access to and use of the Everfells website at everfells.com, including any subdomains and any other websites through which Everfells makes the Everfells Services available (collectively, the "Site"), and all associated services (collectively, the "Services"). The Site and Services together are collectively referred to as the "Everfells Platform".
"Trip" means a service available for booking at the Everfells Platform, including but not limited to single and multi-day activities and trips to outdoor destinations."
Content" means text, graphics, images, music, software, audio, video, information or other materials related to the Everfells Platform.
"Guest" means a user who makes a booking of a Trip through the Everfells Platform.
"Host" means an official partner of Everfells who provides services including but not limited to wilderness guiding and equipment rental.
"Gear" means any equipment used as part of Adventures.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that Hosts may be required by law to collect and remit to governmental agencies, and other similar municipal and national indirect or other withholding and personal or corporate income taxes.
The Everfells Platform is an online marketplace that enables registered members ("Hosts") to publish services on the Everfells Platform and to transact directly with users ("Guests") that are seeking to book such services. These services may include the offering of single or multi-day activities, vacation or other properties for use, and a variety of other travel and non-travel related services. The Everfells Platform may also facilitate the rental and selling of equipment including but not limited to outdoor gear.
Everfells is not a provider of Trips or services, nor is it an owner of outdoor equipment. Unless explicitly specified otherwise on the Site, Everfells’ responsibilities are limited to: (i) facilitating the availability of the Everfells Platform and (ii) providing payment services to Partners, including payment collection services, payments and payouts, in connection with and through the Everfells Platform.
Everfells reserves the right, at its sole discretion, to modify the Everfells Platform or to modify these Terms, including the Service Fee, at any time and without prior notice. If we modify these Terms, we will update the "Last Updated" date at the top of these Terms. By continuing to access or use the Everfells Platform after we have modified them, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, please do not use the Everfells Platform.
The Everfells Platform is intended only for persons who are 18 or older. Any access to or use of the Everfells Platform by anyone under 18 is expressly prohibited. By accessing or using the Everfells Platform you represent and warrant that you are 18 or older.
When a booking is made and a payment is received via the Everfells Platform, we will send a confirmation email with details for the Trip you booked via the Everfells Platform.
Hosts, not Everfells, are solely responsible for honoring any confirmed bookings and making available any Trips reserved or Gear rented and/or purchased through the Everfells Platform. If you, as a Guest, choose to enter into a transaction with a Host for the booking of a Trip or rental and/or purchase of Gear, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such transaction imposed by the Host. You acknowledge and agree that you, and not Everfells, will be responsible for performing the obligations of any such agreements, that Everfells is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Everfells disclaims all liability arising from or related to any such agreements.
When a booking is made and we have a received a payment from a Guest, we will share with the applicable Host (i) the first and last name of the Guest who has made the booking, (ii) a booking confirmation code, and (iii) a booking summary with details regarding the booking.
Each Host agrees that payments made by a Guest through Everfells shall be considered the same as a payment made directly to the Host. Each Host agrees that Everfells may, in accordance with the cancellation policy, (i) permit the Guest to cancel the booking, and (ii) refund to the Guest a portion of the fees specified in the Cancellation Policy. Each Host understands that as Everfells accepts payments from Guests as the Host's limited payment collection agent, Everfells' obligation to pay the Host is subject to and conditional upon successful receipt of the associated payment from the Guest. Everfells does not guarantee Hosts for amounts that have not been successfully received from Guests.
Cancellations can be made by contacting firstname.lastname@example.org. If you cancel your Trip 30 days or more before the start date and time, you’ll get a full refund except for the Everfells Service Fee. After that, there will be no refund.
If you’d like to change the dates of your Trip, please reach out to us and we’ll work with you and your Host. Note that this is up to the Host, subject to availability, and determined on a case-by-case basis.
If the weather creates a safety concern, your host may have to cancel the trip. If this happens, you’ll receive a full refund. We’ll try our best to find other dates that might work for you or alternative things to do.
If you have to cancel due to an emergency or an unexpected event that you could not foresee, we may be able to waive possible cancellation penalties. Valid reasons include:
If something unfortunate like this happens, we’re here for you. Just let us know and we’ll work out an appropriate refund with your host. After you’ve canceled your Trip, you can contact us for a claim if you feel that your reason for cancellation is due to an event such as listed above. You must submit your claim no later than 14 days after the start date of the Trip. Note that we may require documentation to support your claim. In order to make a claim, reach out to us at email@example.com.
We use a third party payment provider (Stripe) to process payments (“Payment Provider”). By submitting your payment information to or through our Payment Provider, you authorize us to charge the applicable payment method for your booking and any related fees or charges. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. You agree that we are authorized to immediately invoice your account for all fees and charges due and payable to Everfells hereunder (including any damage you cause for a Partner, including but not limited to gear, equipment, property and the environment) and that no additional notice, authorization, or consent is required. We reserve the right at any time to change our prices and billing methods.
As a Guest, you are responsible for leaving any Gear and facilities related to the Trip in the condition they were in when you arrived and received them. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to the Services, including Gear and facilities related to the Trip.
Damages to Gear include, but are not limited to, rips and tears, stains and missing parts, and dents. A small amount of dirt, which can be easily removed by the applicable Host, is part of outdoor adventures, which will not result in a charge or a fee. Easily removable equals to no more than 10 minutes of light work with a damp cloth or similar method. If more actions are needed to maintain the Gear back to the condition it was prior to use, e.g. the removal of excessive dirt, there will be an applicable cleaning fee. In the case of lost or stolen Gear or parts of Gear, we will need to charge the full amount of an equivalent, new piece of Gear.
You agree that we are authorized to immediately charge your credit card, or otherwise collect payment from you for all fees and charges due and payable to Everfells hereunder and that no additional notice or consent is required. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Gear and facilities to the applicable Host or to Everfells (if applicable).
Both Guest and Hosts agree to cooperate with and assist Everfells in good faith, and to provide Everfells with such information and take such actions as may be reasonably requested by Everfells, in connection with any complaints or claims made by Guests or Hosts relating to Gear and Trips, or any personal or other property or premises of a Host, or with respect to any investigation undertaken by Everfells or a representative of Everfells regarding use or abuse of the Site or the Services.
When booking and setting out on an independent, self-guided Trip or when renting Gear, Guests agree to return the Gear no later than the return time specified. If a Guest returns Gear past the agreed upon time, a late fee is charged. For each 24 hour period that the Guest keeps the Gear over the agreed period, an additional daily fee of two times the average daily fee is charged to cover the inconvenience.
The Everfells Platform may contain links to third-party websites or resources. When you click on a link to a third-party website, you are subject to the terms and conditions (including privacy policies) of another website or destination. Everfells provides these third-party websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party websites, or their products or services.
You acknowledge and agree that Everfells is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Everfells of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources. For example, some portions of the Everfells Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s Terms of Service.
You agree that Everfells and its suppliers own all rights, title and interest in the Content at the Site. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Everfells Platform or any materials produced by Everfells.
Everfells and other related graphics, logos, service marks and trade names used on or in connection with the Services are trademarks or registered trademarks of Everfells and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
If you choose to use the Everfells Platform, you do so at your sole risk. The Everfells Platform is provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, Everfells explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Everfells makes no warranty that the Everfells Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Everfells makes no warranty regarding the quality of any Services, Trips, Gear, or Hosts.
You are solely responsible for all of your communications and interactions with other users of the Everfells Platform and with other persons with whom you communicate or interact as a result of your use of the Everfells Platform, including, but not limited to, any Hosts or Guests. Notwithstanding Everfells’ appointment as the limited payment collection agent of the Hosts for the purpose of accepting payments from Guests on behalf of the Hosts, Everfells explicitly disclaims all liability for any act or omission of any Guest or other third party.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Everfells Platform, your booking of any Trips and Gear via the Everfells Platform, and any contact you have with other users of Everfells whether in person or online remains with you. Neither Everfells nor any other party involved in creating, producing, or delivering the Everfells Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Everfells Platform, from any communications, interactions or meetings with other users of the Everfells Platform or other persons with whom you communicate or interact as a result of your use of the Everfells Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Everfells has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Under no circumstances will Everfells or its partners be liable to you for more than the amount received by Everfells from you or paid by Everfells to you in the three (3) months prior to the date on which you first assert a claim. If you have not paid Everfells any amounts in such period, Everfells’s sole and exclusive liability shall be limited to fifty euros (€50.00).
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Everfells and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to release, defend, indemnify, and hold Everfells and its partners, affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Everfells Platform; (b) your (i) interaction with Hosts or other Guests, or (ii) booking of a Trip; (c) the use, condition or rental of Gear by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of either Trips or Gear.
You hereby release Everfells and its partners and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries and property damage, that is either directly or indirectly related to or arises from your use of the Everfells Platform.
We work hard to provide a world-class service, which we hope will make your life a little better and which you’ll love to use again and again. We’d love your feedback, comments and suggestions for improvements to the Everfells Platform. You can submit feedback by emailing us, calling us, or by visiting us in Helsinki, Finland. We'd be so pleased to hear from you!