Terms and Conditions
1.1 Welcome to the LayoverStop platform (the 'marketplace'). Hereafter, website and other services as our "services", and LayoverStop will be addressed individually or collectively as "LayoverStop", "we", "us", or "our". Read through the following Terms of service carefully before using the marketplace or any of our services. By browsing the site, you'll be agreeing to our Terms. The Terms are here for you, so be aware of your legal rights and obligations when using the services.
1.2 This document and any documents referred to within it will collectively make up the 'Terms of service'.
1.3 Our "services" include (a) the site, (b) the services provided by the site, (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services. Any new features added to or augmenting the service are also subject to these Terms of service. Content that is posted by LayoverStop (guests) using our services will be "your content". your content includes your usernames, display names, profile pictures, listing photos, listing description, reviews, comments, videos etc.
1.4 Our services include an online platform that provides a place and opportunity for the sale of services between the guest or buyer ("guests or buyer")and the host ("Host "), collectively known as "LayoverStop (guests)" or "Parties". The binding contract is directly between the guests or buyer and the tour host. We are not a party to that contract or any other contract between guests or buyer and tour host. Parties to the transaction will be entirely responsible for the sales contract between them in accordance to the listing of services, warranty of purchase and the like. As such, we accept no obligations in connection to these contracts. However, if you have problems with your booking, we may step in to help (refer to section10). We do not pre-screen users (guests) and any content. We cannot ensure that users (guests) will actually complete a transaction.
1.5We reserve the right to change, modify, suspend or discontinue all or any part of this marketplace or services at any time. We may release certain services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work, and cannot be held liable in such instances. We may also impose limit on certainfeatures or restrict your access to parts of, or the entire marketplace or serviceat its sole discretion without notice or liability.
1.6 We reserve the right to refuse to provide you access to the marketplace or serviceor to allow you to open an Account for any reason.
2.1 We know the safety and security of your personal information is important. Our privacy policy details how your information is used when you use our services. When using our services or providing information on the site, you consent to collection, use, disclosure, and processing of your content and personal data as described in the Privacy Policy.
2.2 LayoverStop (guests) in possession of another LayoverStop's personal data obtained through the use of the services hereby agree that, they will (a)comply with all applicable personal data protection laws, (b) allow LayoverStop (owner of personal data) the right to remove their collected data from LayoverStop (receiver of personal data) from the database upon request.
3.1 You'll need to create an account with LayoverStop to use some of our services. Here are a few rules about accounts with LayoverStop:
3.1.1 You must be 18 or older to use our services. Otherwise you may only use our services under the supervision of a parent or legal guardian.
3.1.2 Be honest and provide accurate information about yourself. It's not OK to use false information or impersonate another person or company through your account.
3.1.3 You are responsible for your account. You're solely responsible for any activity on your account. If you're sharing an account with other people, then the person will ultimately be responsible for all activity. If you're registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
3.1.4 You're solely responsible for any activity on your account, so remember to keep your login and password secure.
4.1 We grant you a limited and revocable license to access and use our services, subject to our Terms of service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the marketplace are the property of LayoverStop and where applicable, third parties proprietors identified in the marketplace. You agree to refrain from copying, distributing, republishing, mirroring, frame or create derivative works without our prior written consent of the property owner.
5.1 Content that you post using our services is your content. This includes usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, video, etc.
5.1.1 You are solely responsible for your content. You represent that you have all necessary rights to your content and you're not infringing or violating any third party's rights by posting it.
5.1.2 Posting your content through our services, you grant us a license to use it. This license allows us anon-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify reproduce, distribute, store and prepare derivative works of your content to promote the services or our marketplace. We do not claim ownership to your content, but we have your permission to use it to help us function, market, and grow.
5.1.3 If content that you own or have rights to has been posted to the services without your permission and you want it removed, please contact us. If your Content infringes another person's intellectual property, we will remove it if we receive proper notice.
5.1.4 You agree to not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited service section. You also agree not to post any content that is false, misleading or uses the services in a manner that is fraudulent or deceptive.
6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our services. You agree that you will not violate any laws in connection without your use of the services. This includes any local, state, federal and international laws that may apply to you.
6.2 You are responsible for paying all fees, you are also solely responsible for collection and/or paying any applicable taxes for any purchases or sales you make through our services.
6.3 You agree not to attempt to obtain source code of the services. You agree to not interfere with or disrupt/harm our services.
6.4 Violations of this policy may result in a range of actions, including any or all of the following: listing deletion, account suspension or legal action; if necessary.
6.5 If you believe user on our marketplace is violating these terms, please contact us.
7.1 Currently we only support Credit Card payments. These payments are processed through third-party payment channels may vary depending on the jurisdiction you are in.
7.2 All sales on the platform are biding. The tour host is obligated to complete the transaction with the guest or buyer in a prompt manner unless exceptional circumstance arises.
8.1 The tour host of any service will pay us a commission on the total transaction amount received by the tour host (including taxes, or any upgrades of the transactions made on our marketplace)
8.2 Our commission will be deducted directly from your funds before the funds are settled into your account.
8.3 All third-party payment channels will charge you an additional merchant processing fee for payment processing. This fee will be dependent on your location as well as your guest or buyer's location. All payment processing fees will not be included in tour host commission that we charge.
9.1 tour hosts will properly manage and ensure that all relevant information such as prices, service details, and inventory amounts will be accurate and regularly updated.
9.2 The pricing is determined by the tour host at their own discretion. The price of a service and delivery charges will include any and all additional charges such as sales tax, value-added tax, tariffs etc. tour hosts will not charge their guest or buyers such amounts additionally and separately.
9.3 tour hosts are obligated to deliver services as described in a prompt manner, unless there are exceptional circumstances. If there are any exceptional circumstances the tour host is obliged to contact the guest or buyer to inform them of any delays or inability to complete the transaction, and will therefore offer a full refund.
9.4 tour hosts will issue additional receipts, credit card slips or tax invoice to guests or buyer on request.
10.1 If you find yourself in a dispute with another user or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
10.2 Should you be unable to resolve the dispute between you and another user, we may step in to help resolve it. If you would like us to get involved, please contact us. We will help in good faith based on our policies. However, we will not offer legal advice.
10.3 Whether you are a guests or buyer or a tour host, you must cooperate with us throughout the dispute resolution process. We ask that you provide all information relating to the dispute that we request for. Such requests will be directed to your email address we have on file. If we are unable to get response from you we may close the investigation or determine that the investigation has been resolved in favor of the other party.
10.4 Disputes as a guests or buyer
10.4.1 You may raise two types of disputes, one where the 'service is not delivered' and the tour host is not responding to any of your attempts to communicate. The second type of disputes where the 'service is significantly not as described'.
10.4.2 You may pursue a report about a transaction or contact your card provider to pursue any chargeback options that may be available to you from your card provider. However, you may not pursue both options at the same time or seek double recovery in respect of the same transaction. If you raise a dispute with us and subsequently file chargeback with your card provider, we will close your report.
10.4.3 If you have received a refund/exchange from the tour host, you may not report that transaction.
10.4.4 If the 'service is not delivered' we will ask the tour host to provide proof of service delivery that can be tracked online. If the tour host fails to do so, we will resolve the dispute in you favor.
10.4.5 If the 'service is significantly not as described', and both parties cannot agree as to the difference between the service that was sold and what was rendered, we will make a fair decision based on all the information we hold about the service. We will exercise our decision-making authority based on numerous factors, which include the description of the service at the point of purchase, communications between you and the tour host as well as any documentation provided. All decisions made by us are final.
10.5 Disputes as a tour host
10.5.1 As a tour host, we encourage you to communicate actively with your guest or buyer especially if there are any exceptional circumstances. We encourage you to be prompt in responding to your guests or buyers in booking to avoid any unnecessary disputes.
10.5.2 For 'services that are not delivered' we will contact you to request proof of delivery. The documentation must clearly show that you have delivered the service to the guest or buyer as reflected on the sales receipt. The documentation must be able to be tracked online showing the date the service was rendered and the official acceptance of the service by the (guest or buyer's acceptance). This is the only evidence that we will accept as proof of delivery. If proof of delivery cannot be provided then we may resolve the dispute in favor of the guest or buyer.
10.5.3 For 'services not as described' disputes, we will be reviewing the service description and images that were provided at the time of purchase. If both parties cannot agree as to the difference between the service that was sold and what was described, we will make a fair decision based on all the information we hold about the service. We will exercise our decision-making authority based on numerous factors, which include the description of the service at the point of purchase, communications between you and the guest or buyer as well as any documentation provided. All decisions made by us are final.
10.5.4 If the guest or buyer attempts to pursue any chargeback options, we will close the dispute in booking to prevent double recovery.
11.1.1 Governing Law. The LayoverStop's local laws govern the Terms of service. The local laws are dependent on the location of incorporation. These laws will then apply no matter where in the world you live.
11.1.2 You agree that any dispute or claim arising from the Terms will be settled by arbitration where possible. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitration and class actions are not permitted. Any decisions made by the arbitrator will be deemed final.
12.1 We are constantly updating and improving the service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and our service.
12.2 We may revise the Terms of service but the most current version will always beat this link.
12.3 We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of service. We may make contact through the system or via a separate email.
12.4 The current version of the Terms of service contains the only terms that apply to our relationship with you. Older versions of the Terms of service will no longer apply to our relationship and will be completely replaced by the current version.
LayoverStop is not a curated marketplace. However, for a variety of reasons we prohibit certain types of services from our marketplace. Some of these services present legal risks to our community.
It is the tour host's responsibility to ensure that their proposed service complies with all laws and is allowed to be listed for sale in accordance to local laws' of the marketplace's incorporation. For tour host's convenience we have provided a non-exhaustive guideline on prohibited and restricted services that are not allowed for sale. We will update this guideline from time to time where necessary.
xx. Mislabeled services
And any other services illegal or restricted in the jurisdiction of the guests or buyer and/or the tour host or which otherwise encourage illegal or restricted activities.
If you see a listing that violates our policies, please contact us.
If you need to contact us please click here for our contact details. We value hearing from our users (guests), and are always interested in learning about ways we can improve the service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
USA TERMS OF USE
You must read and agree these T&C’s before using our website and/or services. Use of our website and/or services, regardless of whether you are a website visitor, a traveler or a host, constitutes an agreement to all terms and conditions in these T&C’s and you warrant that you understand, agree to and accept all terms and conditions contained here. The Terms of Use’s may be amended from time to time.
PRIVACY NOTE
LayoverStop respects your privacy and are committed to protect the information you share with us. LayoverStop believes that you have a right to know our practices regarding the information LayoverStop collects when you visit our website or use our services. A more thorough overview of our privacy policy can be found under Privacy Policy. LayoverStop respects your privacy and is committed to protect the information you share with us. LayoverStop believes that you have a right to know our practices regarding the information we collect when you visit our website or use our services. A more thorough overview of our privacy policy can be found under Privacy Policy
ELECTRONIC COMMUNICATIONS
When you visit LayoverStop.com (hereinafter “LayoverStop”) or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. LayoverStop may communicate with you by e-mail, by posting notices on this site, or other forms of communication and will inform you when these forms of communication are changed. You agree that all agreements, notices, disclosures and other communications that LayoverStop provides to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of LayoverStop or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of LayoverStop and protected by U.S. and international copyright laws. All software used on this site is the property of LayoverStop or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
LAYOVERSTOP; and other marks indicated on our site are registered trademarks of LayoverStop, LLC. or its subsidiaries, in the United States and other countries. LayoverStop graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of LayoverStop, Inc. or its subsidiaries. LayoverStop’s trademarks and trade dress may not be used in connection with any product or service that is not LayoverStop’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LayoverStop. All other trademarks not owned by LayoverStop or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LayoverStop or its subsidiaries.
LICENSE AND SITE ACCESS
LayoverStop grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of LayoverStop. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of LayoverStop. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LayoverStop and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing LayoverStop’s name or trademarks without the express written consent of LayoverStop. Any unauthorized use terminates the permission or license granted by LayoverStop. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of LayoverStop so long as the link does not portray LayoverStop, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any LayoverStop logo or other proprietary graphic or trademark as part of the link without express written permission.
PAYMENTS
When making a reservation, it is possible you have to pay the full amount in advance. In this case you pay us the full amount stated on the website which is then paid to the host, within 72 hours after the reserved event has taken place in a satisfactory manner, while deducting applicable fee payable by the host. In some cases, you will be asked to pay a share of the full amount upfront, as stated on our website. In this case, the remaining unpaid share has to be paid by the traveler to the host directly after the reserved event has taken place in a satisfactory manner. Any payment facilitated by us for and on behalf of you, and transferred to the host will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement of such (partial) due and payable price.
WARRANTIES
LayoverStop does not warrant that our website and/or our services will be uninterrupted or error-free. LayoverStop may correct, modify, amend, enhance, improve and make any other changes to our website and our services at any time or discontinue displaying or providing any content or features without a notice to you, being a website visitor, a traveler or a host.
LayoverStop hereby disclaims all warranties and conditions with regard to the use of our website and/or services, including, but not limited to, the availability, reliability, or quality of our website and services, the events distributed through us, including the nature and quality of the events, and is not and shall not be responsible for any error, fault or mistake of any and all content and information received through us, including by hosts or travelers. LayoverStop does not endorse any entity, product or service mentioned in any user generated content available on our website.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. LayoverStop reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless LayoverStop indicates otherwise, you grant LayoverStop and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant LayoverStop and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify LayoverStop or its affiliates for all claims resulting from content you supply. LayoverStop has the right but not the obligation to monitor and edit or remove any activity or content. LayoverStop takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
LayoverStop and its affiliates respect the Intellectual Property of others. LayoverStop at its own discretion reserve the right to remove or edit content which LayoverStop believes to infringe other’s Intellectual Property. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at
PRODUCT DESCRIPTIONS
LayoverStop and its affiliates attempt to be as accurate as possible. However, LayoverStop does not warrant that tour descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Tour description should be taken as general, not specific.
OTHER BUSINESSES
Parties other than LayoverStop and its subsidiaries operate stores, provide services, or sell product lines on this site. In addition, LayoverStop provides links to the sites of affiliated companies and certain other businesses. LayoverStop is not responsible for examining or evaluating, and LayoverStop does not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. LayoverStop does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY LAYOVERSTOP ON AN “AS IS” AND “AS AVAILABLE” BASIS. LAYOVERSTOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LAYOVERSTOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND FITNESS FOR A PARTICULAR PURPOSE.
LAYOVERSTOP DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM LAYOVERSTOP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LAYOVERSTOP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting LayoverStop, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and LayoverStop or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to LayoverStop or to products you purchase through LayoverStop shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate LayoverStop’s Intellectual Property rights, LayoverStop may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to LayoverStop. LayoverStop reserves the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceable of any remaining condition.
PHOTOGRAPHY AND RECORDED MEDIA
LayoverStop and its representatives (hosts) may take pictures of you during your visit, Occasionally, some pictures will be used on the site and social media outlets for marketing purpose and through the agreement of these Terms of Service, you grant LayoverStop a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Your pictures will never be 'used' outside the scope of showing potential guests what it looks like to be a client of LayoverStop. By agreeing to have your pictures taken, you automatically agree to the usage outlined herein.
LIABILITY WAIVER
You acknowledge that all travel involves an element of risk and that some tours offered on the Site may be adventurous in nature and may involve a significant amount of personal risk. You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby release LayoverStop and the Tour Guide/host from all claims and causes of action whatsoever arising from any injury, death or other damages, both pecuniary and non-pecuniary, to You that may occur as a result of your participation in the tours offered on the Site or as a result of the negligence of any party, including the Tour Guide or any employee, officer, agent, contractor or assign of LayoverStop, whether such negligence is passive or active.
By using LayoverStop to book a tour, you agree to the Liability Release by confirming a booking on LayoverStop Your Tour Guide might not present a hard copy of this liability release in person to sign, you knowledge that by paying for the service you have read and agreed to this liability waiver.
You are encouraged to obtain suitable medical insurance prior to booking a tour. LayoverStop is not liable to any injuries or sicknesses which occur while you are on your trip.
LayoverStop and the Tour Guide make no claim or assertion to the quality, source or other provenance of any goods which may be available for purchase.
You also knowledge that by booking a trip/tour/ experience on LayoverStop.com you agree to release and forever discharge LayoverStop, their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to you, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which you now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the use/employment of LayoverStop services. Which might include, but not limited to the following?
Injuries (bodily, emotionally, or property) arising from or because of, car accidents, walking, hiking, eating, drinking, sports (outdoor or indoor) as well as unexpected health issues. Missed flights and/or any losses relating to it.
It is understood and agreed that your payment is made by you in full and complete settlement and satisfaction the causes of action, claims and demands mentioned herein; that this release contains the entire agreement between the parties; and that the terms of this agreement are contractual and not merely a recital. Furthermore, this Release shall be binding upon payment. This release shall be subject to and governed by the laws of the State of California.