Terms & Conditions

(last update: July 18th, 2016)

This document details the terms between you (‘the user’, ‘the customer’, ‘the service provider’) and Swilo S.A.S. (‘us’,’our’,’swilo’,’the service’,’the platform’) under which you may access our website www.beta.swilo.co (‘our website’) and our mobile app (‘our app’, ‘swilo app’).

These terms apply to all Users and Visitors.

By using our website or app you accept and agree to abide by the policies described below.

www.beta.swilo.co is a website created and managed by Swilo S.A.S. located at and whose registered company number is…

Definitions

In this Terms & Conditions, the following words and expression have the same meaning as detailed here:

The Company: This term refers to ‘Us’, the Company ‘Swilo’ which is also described as the ‘Platform’, the ‘Application’, the ‘Website’, the ‘Service’.

The User: This term refers to ‘You’, the ‘User’, the ‘Parties’ and also include the meanings and expressions referring to the ‘Customer’ and the ‘Service Provider’.

The Customer: This term refers to the ‘Customer’ and every person who can be included on the customer side of the Platform, and is also described as the ‘Surfer’ and the ‘Traveler’.

The Service Provider: This term refers to all ‘Service Providers’ and every person and business who can be included in the business side of the Platform, and is also described as the ‘Business’, the ‘Local’, the ‘Host’.

The Booking Request: describes the action of requesting a booking to a Service Provider by a Customer. This term is also described as Booking Request Process.

The Experience: describe every services that can be and are booked by a Customer to a Service Provider using our Platform and App.

The Successful Experience: describes an Experience that took place in a satisfactory manner. It means that both the Customer and the Service Providers are satisfied by the Experience, that the Experience has been confirmed or that no claim has been made by either one of the parties within 48 hours following the end of the experience.

Service Fee: Describe the fees that Swilo takes on eligible transactions that occurs on the Platform. This fee is clearly stated during the booking process and equals 10% of the total price of the transaction at this date. We reserve to ourselves the right to modify this rate without previous notification.

Confirmation Rate:  The Confirmation Rate is a statistic calculated by us that display the percentage of Booking Request the Service Provider has accepted or declined. We reserve ourselves the right to display them on the Service Provider’s profile without previous notification.

Cancellation Rate: The Cancellation Rate is a statistic calculated by us that shows the percentage of Booked Experiences the User has cancelled. We reserve ourselves the right to display them on the Service Provider’s profile without previous notification.

Cancellation Insurance: The Cancellation Insurance as described in these Terms and Conditions is a system that allows Service Providers to still get paid when a Customer make a late cancellation. We reserve to ourselves the right to modify the terms of this insurance.

Our offer

Swilo connects users to service providers to book experiences and sports activities worldwide.

Through the platform and as a marketplace we offer a technical service linking users, customers and service providers.

This service includes searching for, comparing, booking, making online payment, handling reservations, bookings, cancellation and refund, and reviewing activities and users.

Applicability of T&C

You must read T&C before using our services, app or website. By using our services, app or website you agree to this terms and conditions regardless being a visitor, user or service provider and by this agreement you acknowledge accepting all these terms and conditions.

Privacy Policy

Please refer to our Privacy Policy page.

Copyright rules and Prohibited use

All proprietary material you see on the website including but not limited to texts, images, logos, designs, code, music, sounds, graphs, infographies, drawings and editorial materials are owned by Swilo S.A.S. or are used with the owner permission.

By using our website, creating a profile and providing such materials you guarantee that you are the owner or creator of this content or that you are allowed by the legal owner to use them.

Moreover, you must ensure that before posting pictures of people, customers or friends on the website you must get their agreement to do so.

By using our website, creating a profile and providing such materials you agree that we are allowed to use them on any of our websites, apps or services including for commercial and marketing purpose.

It is strictly prohibited to copy, download, reuse, transmit, modify any of the proprietary material on our website or app.

You guarantee that you will always use our websites, apps or services in a lawful manner or in a manner that never violates any local or international laws.

It is strictly prohibited to any user to attempt or to actually modify the code of the website or app, to send content (including spam, fishing mail, , software or any type of viruses (including trojan, malware, adware, ) in order to arm, deteriorate or destruct any of our devices, data and code or any of users devices, data or content.

It is strictly prohibited to any user to post, publish, write or share on our platform any shocking, illegal or unhealthy content, including but not limited to any type of pornographic, pedophile, racial, xenophobic, homophobic, political content.

We reserve to ourselves the right to moderate, modify or delete any type of content that we consider not following such rule as well as delete the user’s profile who is be held responsible for such content without prior notification.

Bookings

When you place a booking for an activity with one of our service providers, this one has a 48 hours period to accept or deny the booking. The service provider is allowed to deny the booking without giving any reason or justification.

The booking will be effective only when payment is made and when you receive a confirmation email stating the service provider accepted your booking.

Once the booking is confirmed you will be granted access to the service provider’s contact information and chat service.

Payments

We have two type of payments available regarding the country of destination and the Local’s choice.

100% payment is made online beforehand:

Whenever it is possible, and in order to secure both parties of the transaction, we will allow users to pay their booking fully online using our secured third party payment solutions (Braintree and Paypal) to pay by credit card or Paypal.

Once the booking is placed by the Customer and accepted by the Service Provider, the amount corresponding to the applicable service fee is directly transferred to us while the remaining amount is stored in our third party payment gateway system (Paypal) until the booked Experience has taken place in a satisfactory manner. The remaining amount will then be transferred to the Service Provider as quickly as the system allows it.

Only the service fee is paid online:

When the online payment solution is not available, and the host asked to be paid in person you will be asked to pay only the amount corresponding to the applicable service fee as stated.

In this case, you will only be charged the amount corresponding to the applicable service fee once the Service Provider has accepted your Booking Request. You will then have to pay the remaining amount (corresponding to 100% of the price minus the service fee) directly to the Service Provider once the Experience has taken place in a satisfactory manner, either by cash or credit card.

In this case the amount to be paid directly to the Service Provider is the one displayed at the time of the booking. This amount will be displayed in both your currency of choice and the local currency of the country where the Experience takes place.

The amount displayed at the time of the booking is the one to be paid, regardless of any variations that occurred in exchange rates between the time of the booking and the moment of the payment.

Both the Service Provider and the Customer are not allowed to ask for or to ask to pay a different amount.

Cancellations and refund policy

In the case one of the Users must cancel the booked experienced, the refund procedure depends on the following policy.

  • During the booking request process:
    • If the booking request is rejected, unanswered during the 48 hours period by the service provider or if the customer withdraws his request before the service provider has accepted the booking request then the customer will not be charged.

Once the booking request is accepted and if the booking is cancelled by the Service Provider, the Customer will then receive a full refund. The Service Provider will not receive any payment. Moreover, the Service Provider’s Cancellation Rate will be affected accordingly.

In any case, if the booking is cancelled by the Customer, the service fee will not be refunded and the refund policy is the following.

  • If the Customer cancels more than 14 days before the date of the booked experience:
    • If the Customer paid the total price online, he will then be refunded the total amount minus the service fee.
    • The Service Provider will not receive any payment
  • If the Customer cancels within 14 days before the date of the booked experience:
    • The Customer will not be eligible for any refund.
    • The Service Provider is eligible to our Cancellation Insurance following the Cancellation Insurance Policy as stated below.

Cancellation Insurance Policy

We deeply care about our Users and the local communities we want to help through this platform. We know that getting a customer to cancel a booking can be really bothering for a service provider and can result in inactivity. That is why we have implemented a Cancellation Insurance the Service Providers who chose the online payment option.

In the case the Service Provider enable the payment of the Experience online and the Customer cancels the booking within 14 days before the booked date, the Service Provider will then receive the full payment of the Experience minus the applicable service fee.

Status and taxes

Service Providers are independent workers. They are not bound to us by any working agreement or contract.

Therefore they are totally free to choose their availabilities, to start, stop and work whenever and wherever they want.

Moreover, Service Providers are not bound to us by any type of exclusivity agreement or contract and are therefore allowed to work for or with any other company, agent or website.

Swilo Company through its Platforms only act as an intermediary between a Customer and a Service Provider.

When a Service Provider receives a booking through our Platform we invoice the Service Provider for the corresponding Service. The Service Provider will then receive the corresponding payment once the Experience took place, either by cash or credit card from the customer or by transfer from the Customer account to the Service Provider account through our third party payment partner.

At no point does Swilo, its Platforms or any Applications handle the money due to the Service Provider by the Customer.

Therefore, it is the Service Provider’s sole and full responsibility to determine which taxes are applicable to his situation and is required to comply with the applicable local tax laws and pay any corresponding taxes. Service Providers accept and warrant that they will pay such taxes in time and in compliance with the applicable tax law.

Swilo does its best to inform and raise awareness among its Users about such issues but due to a large amount of countries it is available in and the independence of its Users, both Customers and Service Providers, it can not be held responsible for any type of unlawful behavior from its Users.

Quality of information and content

We guarantee to do our best to ensure that the content provided on our Platform, App and any of our Services is of good quality and relevant. But we do not guarantee that this content is flawless and without any errors. Therefore, Swilo can not be held responsible for any misleading content you can find on the Platform or App.

In case that kind of error or misleading information, image or representation leads to the realization of a booked experienced in an unsatisfactory manner we reserve to ourselves the right and to our sole discretion to fully refund the Customer and to charge the service provider of this amount.

Guarantee

We do not give any warranties that our Platform, our App or any of our Services will be uninterrupted or totally error free.

We guarantee to do our best to avoid such a situation and we reserved to our sole consideration the right to improve, change, correct, modify, interrupt, redesign or redirect any of the content, services, features, websites or apps without previous notification to any of our users.

Liability

By using our Services, Website, and App you agree that our responsibility is limited to ease the availability of them.

Swilo can not be held responsible for any event occurring during the realization of an experience booked through our Website or App. The participation to any of the Experiences hosted by one of the Service Providers is solely at your own risk.

In no case Swilo shall be held responsible for any damages or injuries occurring during the realization of a Booked Experience with one of the Service Providers.

This includes but not limited to the direct or indirect, incidental or consequential damages of any kind whether before, during or after the realization of the Booked Experience to any kind of material owned by one of the Parties involved in such Experience.

This also includes but not limited to the use or inability to use our Website, App or Services and damages resulting the use or inability to use our Website, App or Services, regardless of whether we or an authorized representative of ours has been advised of the possibility of such damages.

Swilo strongly advises all of its users to subscribe to a specific travel and or sports insurance covering the activities in which you get involved through our Website.

Issues and complaints

Please contact Swilo to resolve any complaint that could occur regarding the Platform, the Website, the App or any of our Services.

In case of a complaint regarding an Experience Booked through one of our Services, please contact Swilo within 1 day after the complaint has arisen. You agree to cooperate with us and assist us in good faith and to provide us such information and take such actions as may be reasonably requested by us.

In case of a no-show of the Service Provider or an unsatisfactory delivery of the Experience by the Service Provider, you agree the Customer will be fully refunded and the Service Provider won’t receive any payment.

As a Customer, you agree that in the case of a no show or no completion or interruption during the Experience caused by you, the Service Provider will be fully paid and you won’t be able to get any refund.

In case of any claims or complaints that couldn’t find a friendly and good faith agreement between the two Parties and exceeding the amount paid, Swilo will mediate the claim and help find a reasonable solution between the Service Provider and the Customer.

Reviews, ratings and red flags

Through our Website and App, we allow our Users to review each other after the realization of an Experience Booked through our website.

This service aims at provided all our Users with the most accurate information possible and to build trust and safety between Us and the Users themselves.

You agree that you will always use this Service in order to provide others with useful, relevant and good faith information.

In the case of any claims or complaints resulting in the proven responsibility by us of one of the two Parties, we reserve ourselves the right to give to this User a red flag. After two red flags, any user’s profile will be definitely removed from our platform and we will be allowed to make sure such user doesn’t come back on our Platform.