Payments Terms
PAYMENTS TERMS (USER AGREEMENT)
These TERMS (AGREEMENT) were updated on 7th of October 2019.
Please take the time to read through these terms and conditions. They have been written in plain and simple English, with no complex legal terminology. We just want you to understand what you are booking, and under what terms. If you do not understand nor accept any of the points made below, please contact us before booking for clarification, as all bookings require acceptance of these terms.
HOW DOES IT WORK?
Mountain Planet helps you to book services in short terms and connect you with the Partner that suits to your request. The second option –, Mountain Planet reduces the risk of fraud by acting as a trusted third-party that ensures the payment of funds after confirmation of the consent of both parties, or Mountain Planet acting on Your authority makes a transfer.
When searching for the Guided tour to reach desired route, Mountain Planet will see your request, that You would sent through the Site. If there is no answer from the Guide within 48 hours we will contact You and propose other Guide(s) (registered on the Site), or Agency(s) which would have the same or similar Guided tour.
When You are going to lease equipment Mountain Planet platform provides an arrangement where a third party regulates (coordinates) payment of the funds required for two parties involved in a given transaction. It is very useful in the case of a transaction where some obligations need to be fulfilled before a payment is released, for example, the buyer might want confirmation of the quality of equipment being provided before making a payment, and the owner does not want to provide an equipment without any assurance that he or she will receive payment.
DEFINITIONS
Herein, the terms and expressions identified by a capital letter shall be understood as follows, whether used in the singular or plural.
Platform - shall be understood as the site accessible through the connection on the Mountain Planet website or by downloading the Application, and appropriate database.
User - shall be understood as any physical person browsing the Site, including potential Client.
Client - shall be understood a person who searches or/ and buys Services.
Services – Guided Tours or Rental Gear.
Representative – shall be understood as a User registered on the Site as a physical person by another person (Client) for participation in a Service reserved through the Site. Representative may be the Client at same time (when one person reserve a Service for group of tourists).
Partner - shall be understood as the natural persons (Owner\Guide) or legal entity (Agency) using the Site to offer Services to Clients.
Guide – shall be understood as the natural persons, who using the Site to offer Guided Tours to Clients.
Owner – shall be understood as the natural person, who using the Site to offer to lease equipment (Rental Gear).
Agency – shall be understood as a legal entity use the Site to offer Guided tours to Clients.
Guided Tour - means guided expeditions and tours provided by Guide(s)\Agency(s).
Rental Gear - means any equipment hosted by Owner which he or she is ready to lease.
Content - shall be understood as the information, texts, photographs, comments, and all other elements Users may communicate to Mountain Planet or input directly on the Site as part of the Partner assessment tool.
Listing - shall be understood an advertisement (such as in the Partner's account or on the Site section) that contains all the terms of the offer.
Verification - identification of a User on the Site.
GENERAL IMPORTANT POINTS TO NOTE
By accessing, browsing and using the Mountain Planet Site or any of our applications through whatever platform (hereafter collectively referred to as the "website"/ “site”) and/or by completing a Listing, you acknowledge and approve to have read, understood and agreed to the terms and conditions set up below (including the privacy statement).
We may amend this Payment terms and any linked information from time to time by posting amended terms on the website, without notifying You.
The Mountain Planet website is an online Platform (reservation service) where Clients search and Partners (Owners\Guides\Agencies) offer Services (see TERMS).
If You want to buy the Services on the Site, You should register an Account and become a verified person in order to buy Services and eventually acquire the status of a trusted Client.
The Owners and the Guides must register an Account and become a verified Partner in order to sell Services, and eventually acquire the status of a trusted Partner. The Agencies may register for an Account or Mountain Planet may prepare a Listing. Anyway an Agency must become a verified Partner as well as Guides (the Agency provides statutory documents and confirms the existence of valid license). Our website offers the Clients and the Partners to accept the terms of the services provision together online to complete and pay for Services, buy and sell items and use the services that are advertised through the Site. We are not a party to any contractual agreements between Client and Partner on the Platform; we merely facilitate connections between the Partners and Users.
The Mountain Planet Platform provides Users an information and technical service by linking Users who would like to research and reserve a Service (Guided Tour or Rental Gear) with qualified experienced persons (Partners: owners of professional rental gear, or guides\agencies, offering and supervising such Services). Mountain Planet will make every effort to verify Partners, who advertise their Services on the Site (their qualifications, experience and other information), especially when Mountain Planet is directly involved in selecting a Partner for You. At the same time, when You start working directly with the Partner, please make sure (double check) that You get all the necessary information about the Partner and his experience.
The sole purpose of the Platform is to link potential Clients and the Partners (Owners\Guides\Agencies) under their sole responsibility.
Mountain Planet Pty Ltd does not partake in any manner in the contractual relationship formed between individual Partners and Clients for each and every confirmed reservation. Mountain Planet also may help You to transfer the funds (as a security deposit or order for transfer) on the conditions described here in.
We may, from time to time, and without notice, change the website or add information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if any error occurs in the information on the website or if that information is not current.
SCOPE OF SERVICE
Before using the website and buy/sell Services, You should read and accept each terms, and linked to, these Payment terms (User Agreement), the Terms, Mountain Planet Privacy Policy and all website policies. By accepting this User Agreement, You agree that this User Agreement will apply whenever You use the website, or when you use the tools we make available to interact with the website. Some websites may have additional or other terms that we provide to You when You use those services. Mountain Planet does not provide You with any additional written agreements except this one.
Through the website, we (Mountain Planet) provide an online Platform through which Guides\Agencies and Owners can advertise their Guided Tours or Rental Gear for Reservation, and through which Users can see all information about the item and may reserve Services. Wherein Mountain Planet offers a technical service linking Users and Partners. This technical service includes handling reservations, payments (for Rental Gear), refunds/cancellations - on behalf of Partners (for Rental Gear), and providing first line of support for Users and Clients as detailed herein. By making a Reservation Rental Gear through Mountain Planet website, you enter into a direct (legally binding) contractual relationship with the Owner with which You make a purchase of Service (as applicable). From the point at which You make your Reservation, we act solely as an intermediary between You and Partners, transmitting the details of Your reservation to the relevant Partner(s) and sending you a confirmation email for and on behalf of the Partner.
The underlying Contract formed between the Partner and the Client when reserving a Service through the Site shall be an autonomous contract in which Mountain Planet assumes no responsibility beyond what falls within the information and technical service as described above. The Contract shall be deemed formed upon acceptance by a Partner of a Client’s reservation request.
Consequently, Users must verify whether they effectively wish to commit, independently, to a contractual relationship with a Partner and are, in this regard, ready to assume all the consequences thereof.
Partners shall be solely responsible, with regard to Clients, for the performance of the services provided for in the Contract, as Mountain Planet shall assume no responsibility in this regard. Similarly, Mountain Planet shall not be responsible in any manner for a Client’s behavior with regard to a Partner.
The information about Services on the site is provided by Partners through the Listing in their Accounts. As such, the Partners are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Partner remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Partner (or its facilities, venue, products or services) made available.
You should know that your requests on Platform are opened for administrator of the Platform, cause under the Terms we should search for available proposals and contact You, if Partner does not answer to your request within 48 hours.
Services on our site are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, products or services available on our website for any commercial or competitive Service or purpose.
SERVICE ACCESS AND VERIFICATION (IDENTIFICATION)
Users shall be personally responsible for implementing the computer and telecommunications resources providing for accessing the Site and the knowledge required for using the Internet, accessing, and using the Site. Users shall remain responsible for their connection and equipment fees related to Internet access as well as using the Site and the Service.
Users wishing to reserve a Service can create an account or log in to their account if it has already been created. Account access is accomplished using a user login and password.
Users shall provide accurate information when registering on the Site.
Users shall also update such information in case of changes.
Users shall be solely responsible for maintaining the confidentiality of their username and password.
In particular, Users shall be responsible for implementing the precautionary and safety measures required for protecting their password.
Users must immediately take all due steps should their password be revealed and/or in cases of fraudulent use thereof. First of all, Users must immediately change their password.
Users shall be solely responsible for the use of their username and password. All access to a User account using the abovementioned username and password shall be deemed, irrefutably, to have been performed by the User, as well as any modification or operation conducted on the User account following entry of said user name and password.
When You are making a Reservation Rental Gear through Mountain Planet website You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. In such cases You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, up our request, provide copies of identification documents (such as your passport or driver's' license or guide’s license). If necessary, we may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or Mountain Planet Services in case we are unable to obtain or verify to our satisfaction the information which we request under this section.
We reserve the right to update your particulars on the website in order to match any KYC (Know Your Client) documentation that has been provided. Disbursements such as wire transfers from the website may only be made to the beneficiary matching your provided KYC documents and account information.
If you are not Mountain Planet verified you may not be able to withdraw funds from your Mountain Planet account, and other restrictions may apply.
GENERAL CONDITIONS
In general, the Client pays the total cost of Service at the time of confirmation of the reservation by the Partner. Herewith, Reservations for Guided tours are paying strait to the Guide\Agency or via the Site (at Client’s option), and Rental Gear are paying via the Site.
At any other time by mutual agreement between the Client and Partner they can make agree to make Reservations case not via the Site, and /or make reservations without prepaying Services.
FINANCIAL CONDITIONS FOR PARTNERS
As the Clients can use the Mountain Planet’s Platform for prepayment, making security deposit or order to transfer, so in order to receive the payments, Partner must have a valid PayPal registration. Mountain Planet make payments to PayPal account according to the Partner's request for withdrawal of funds with an indication of the amount. In some jurisdictions, or cases, Mountain Planet can offer you other term or condition, the fulfillment of which leads to the implementation of payments. Mountain Planet may delay or cancel any payments in order to prevent illegal activities or fraud, risk assessment, safety or investigation.
FINANCIAL CONDITIONS FOR CLIENTS
When You are making Reservation of the Rental Gear through the Site, You authorize Mountain Planet to transfer to the Partner the amount of the reservation from the payment you made while ordering via Mountain Planet platform. The money transfers within 48 hours after the scheduled time of the final day of your reservation (reserved Service). Mountain Planet may introduce alternative timing and method of payment; additional charges for the use of the offered payment options will be specified on the Mountain Planet’s Platform and most likely will be included in the total price, and by selecting the appropriate payment option, you will agree to pay such fees. If there are claims from the Client, the total value of the reservation is transferred later than the scheduled time following the consideration of the claim. Upon successful completion of the operation to pay the requested reservation, you will receive an e-mail with the corresponding confirmation.
Regarding the consideration of disputable cases and claims by the Client or Partner, Mountain Planet hopes that the Parties will resolve them reasonably and diplomatically. However, in case Client and Partner can't reach a mutual agreement, they authorize Mountain Planet to be their fair and independent arbitrator. Each case will be considered individually. In this case, Mountain Planet takes the side of the Client in case of denying the transaction, until the Owner provides facts of the opposite (photo/video/information from third parties, the Client's receipt for the transfer of equipment for rent, etc.). At the same time, Mountain Planet is engaged by the Owner and the Client solely to determine the direction of the transfer of funds supporting the booking (either in the form of payment to the Partner or in the form of a refund to the Client). Mountain Planet is not involved and is considering disputes about poor quality Service provided to the Client, or damage to the Partner's property (such disputes are the subject matter of the Client's and Partner's legal relationships in which Mountain Planet is not a party.
CANCELLATIONS AND REFUNDS
These terms also depends on the way of the payment option.
As to the Rental Gear.
In case of cancellation of the reservation by the Owner, the amount received by Mountain Planet will be refunded to the Client via PayPal (Mountain Planet returns money to “balance” in the Client’s account, after that, you can withdraw funds through PayPal).
In case of cancellation of the reservation by the Client, the Client will be refunded amount of the agreed cancellation fee. Mountain Planet shall not be liable for any charges levied by the third-party payment system write-off at the Client while transferring the money and Mountain Planets disclaims any liability in this regard.
If the Client cancels the confirmed reservation, Mountain Planet returns the sum of the reservation in accordance with the cancellation rules listed in the Listing.
If the Owner cancels the confirmed reservation, Mountain Planet provides Clients with a full refund of the sum for a commercially reasonable period of time after the cancellation (no more than 48 hours the sum is available in account balance).
If you cancel a reservation as an Owner, you agree that Mountain Planet may charge you a cancellation fee imposed in accordance with the Terms. In such cases, Mountain Planet will consider your cancellation as an authorization of payment of the fee. If the commission is not paid within 14 days, your account will be disabled from any new reservations for your services.
As to the Guided Tours
In case of cancellation of the reservation by the Client, the Client will be refunded amount of the agreed security deposit.
As to the other cases when payments go straight to the Guide’s\Agencies accounts
We highly recommend for both Parties to be on the same page as this Terms. Please, put this provision to your arrangements. Anyway these processes are not under the control and AOR of Mountain Planet. The one thing we will do – inform other Users about outstanding issues.
RESERVATION PROCESS
The offer price can be specified in the Listing under the following way: "Offer" (fixed price) and negotiable (when the price is not fixed). In case of being interested to the Service, the user sends the Partner a Booking Request. The Partner shall be automatically informed of the reservation request (by e-mail, text message, or telephone), and shall have a maximum 48 hours time frame to accept or refuse the reservation request. In case when there is no answer from the Partner within 48 hours, Mountain Planet contacts with the Client and propose another offer as available.
If the Partner replies to the request by sending an Approval, it is valid on the conditions agreed by the Client and Partner.
While paying the reservation through Mountain Planet Platform - in the Client's account, the duplicate of the reservation is formed, which includes all the main terms of the transaction with the Owner, including the dates of the service. At the same time, the Client gets a confirmation email to the specified address, confirming that the payment was successful and the reservation is made on the website.
As for the Owner, after the Client pays for the Rental Gear, in the "balance" section of the Partner's account the amount of the paid reservation is indicated. The amount of the reservation is displayed with the status of "Pending" and will be available for withdrawal by the Owner through PayPal through 48 hours after the scheduled time of the final day of the reserved Service (and in disputable cases - within the terms provided by these rules). After 48 hours the status of the booking amount changes to “Available” (withdrawal is possible). In this case, to withdraw money the Owner sends Mountain Planet a request for withdrawal of funds by indicating the amount. The amounts that are in the status "Available" are to be withdrawn by the Owner within 365 days from the moment of activation in this status.
A Service Reservation from a Client to a Partner on the Platform shall be accomplished in accordance with the following:
- in regard to Service Reservation, the Client shall provide certain information to the Partner including, where appropriate, information regarding the physical condition, level, certification or license;
- should the reservation request be accepted, the Contract between the Client and Partner is formed and agreed, and thus: (i)as to the Rental Gear - the amount corresponding to the Service is debited in accordance with the payment preauthorization, (ii) as to the Guided Tours the Client should make prepayment according to the conditions declare in offer. The Client shall be informed without undue delay about reservation accept;
- should the request be rejected: (i) as for the Rental Gear - the payment preauthorization shall be canceled, (ii) as for the Guided Tours – if any prepayments or preauthorization have done by the Client, it should be refundable - with no Contract being stipulated between the Client and the Partner.
The Client shall be informed without undue delay. It is hereby noted that the Services proposed by Partners on the Platform are subject to the latter’s availability. No request for compensation may be formed in case a Partner is not available for a Service, whether such request is addressed to the Partner or Mountain Planet.
It is hereby specified that the Client shall have the option to cancel the reservation request as long as the Partner or Mountain Planet has not confirmed it. Such cancellation must be performed online on the Client Account.
In exceptional cases, when the Guide\Agency and the Client are not able to arrange payment directly, at the request of the Client, the MP may (not obliged) at its discretion to accept payment according to the invoice for payment (as a security deposit or order for transfer). The payments through Mountain Planet are made through the PayPal system (or other payment gateway).
RESERVATION SUMMARY
The Client hereby acknowledges having been informed and accepts that a reserved Service may require modification and/or adaptation by the Partner due to weather conditions or other events beyond its control. The reserved Service may even be canceled under the terms specified in the “Cancellation” article herein.
RESERVED SERVICE PAYMENT
Mountain Planet holds a collection and invoicing mandate from the Owner, and is responsible for validating and collecting the price for the reserved Service(s) in the name of and on behalf of the Owner.
For all reservations for total sums greater than €1,000, or an equivalent amount in another currency, Mountain Planet or Partner may ask the Client to provide a copy of an identity document as well as a certificate of residence before validating the reservation request.
The Site and the Service allow Users and Clients to find out the prices for Activities and conduct payment in a certain number of currencies which may be selected.
Should the currency selected by the User or Client for display or the payment for the Service price be different than the currency accepted by the Partner selling the Service, it is hereby specified that the price displayed and retained shall be the result of a conversion of the Service price into the currency selected by the User or Client.
In this case, the conversion rate applied shall be a market rate, calculated on the basis of the previous day’s rate, provided by a specialized service provider independent of Mountain Planet. Regarding payment, the reference rate shall be the one applicable on the reservation request date.
Client payment in certain currencies may be subject to additional transaction fees automatically taken into account in the conversion rate used to display Service prices. Clients choosing this type of currency shall be informed at the latest when the order is validated. For more information regarding the relevant currencies, Users and Clients may contact Mountain Planet at: support@mountainplanet.com.
DEAL CONFIRMATION PERIOD
48 hours (the countdown is 00:00 Australian time) since the final day of reserved Service (final day of reservation) – is the time interval (in fact, it can take 25 to 48 hours, given the difference in time zones), which is given to the parties of the transaction (Client and Partner) to confirm / deny the transaction. Silent acquiescence stays for a transaction confirmation. In case the Client or Partner wishes to notify the dispute (complaint/refutation) related to the Service (reservation), it is necessary to notify Mountain Planet by EMAIL at: support@mountainplanet.com.
SECURITY DEPOSIT
Owners and Clients may agree to apply the security deposit, which the Client agrees to pay to the Partner in connection with the claim for damages, or for covering the fee for exceeding the term of the rent a gear.
As to the security deposit for Guided Tours, the Clients as a rule pays 15% of Service cost to reserve a place in the group.
CREDIT CARD OR BANK TRANSFER
Mountain Planet facilitates (through third party payment processors) the payment of the relevant product (Rental Gear) for the benefit of the Owner (As a rule Mountain Planet does not act nor operates as the merchant of record. If so the status of Mountain Planet would be specify by terms of payment). Payment is safely processed from your credit/debit card or bank account to the bank account of Mountain Planet until the moment You confirm that the transaction took place. Any payment facilitated by us for and on behalf of, and transferred to the Partner will in each case constitute a payment of (part of) the reservation price by You of the relevant Rental Gear in final settlement of such (partial) due and payable price and You cannot reclaim such paid monies.
PRE-PAYMENT, CANCELLATION AND FINE PRINT
By making a reservation with a Partner, You accept and agree to the relevant cancellation conditions of that Partner (including the fine of the Partner). The cancellation conditions of each Service is made available in Listing of the Partner, during the reservation procedure and on the confirmation page (if applicable). Please note that certain rates or special offers may be not eligible for cancellation. Please check the (reservation) details of your Service before making your reservation. Cancellation and reservation (prepayment) conditions may vary according to each Partner's offer (Listing). Please read carefully the fine print and important information in your reservation confirmation for additional conditions as may be applied by the Partner (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings). Delayed payment, wrong bank, invalid credit/debit cards or insufficient funds are at your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Partner agrees or allows otherwise under its (pre) payment and cancellation conditions.
If you wish to cancel your reservation, please revert to the confirmation page (email) and follow the information therein. Please note that you may be charged for your cancellation in accordance with the condition Partner's cancellation, (pre) payment conditions or not be entitled to any repayment of any (pre) paid amount. We recommend you to read the cancellation and (pre) payment Partner’s conditions before making your reservation and remember to make further payments on time as may be required for the relevant reservation.
If you have any delay on the approved date (first booking day) or only arrive the next day, make sure to (timely/promptly) communicate this to the Partner so they know when to expect you to avoid cancellation of your reservation or charge of the cancelation fee. Please be sure that you’ve got all necessary contacts of the Partner during the reservation procedure. Mountain Planet does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Partner.
(FURTHER) CORRESPONDENCE AND COMMUNICATION
By completing a booking, you agree to receive (i) an email which we may send you shortly before your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your reservation and destination, and (ii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. Please see our privacy and cookies policy for more information about how we may contact you.
Mountain Planet disclaims any liability or responsibility for any communication with the Partner on or through its platform. You cannot derive any rights from any request to, or communication with the Partner or (any form of) acknowledgement of receipt of any communication or request. Mountain Planet cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Partner.
In order to duly complete and secure your reservation, you need to use a valid phone number and valid social network account. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
Any claim or complaint against the Partner or regarding the Service must be promptly submitted, but in any case within 30 days after the scheduled day of consummation of Service (except for the notification of the actual non-receipt of the service, which is sent within 48 hours from the date of the final day of reserved Service). Any claim or complaint submitted after 30 days (48 hours) period may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.
Payment Services may contain links to third party web sites and resources ("Third Party Services"). Such third-party services are governed by different terms and conditions, including the privacy practices, and the Users should be familiar with them separately. Mountain Planet is not responsible for the availability or accuracy of these third-party services, as well as for the content, products or services of third-party services. Links to third-party services do not imply any guarantee in relation to third-party services from Mountain Planet.
You may use the payment services with the assistance of Mountain Planet only in accordance with the Australian law, the jurisdiction in which You live, and other applicable laws. However, when paying directly to Guide\Agency, You would take into consideration the jurisdiction of the recipient’s country, the jurisdiction in which You live, and other applicable laws.
In particular, but without limitation, the payment service can't be used for funds administration: (i) in the country to which Australia has embargoed; or (ii) persons, a list of persons of special categories in the sanctions list of the Australian government. You represent and warrant that: (i) neither you nor your Web Hosting, not in the country, which is under Australian embargo or that has been designated by the Australian government as a "supporting terrorists"; and (ii) you do not get into any games that are included in the Australian government prohibited list. In addition to the above requirements, you must also comply with all relevant laws on export control in your jurisdiction.
For now, as to the payments through Mountain Planet the withdrawal of funds credited to your account is made only through the PayPal system. When you add payment of funds to your account on Mountain Planet, you will need to specify a standard billing information, such as your name, billing address and information about your PayPal account. You must provide accurate, valid and complete information when you add payment means you are responsible for maintaining the validity of payment facilities. When you add payment of funds will require the following information for PayPal: your home address, email address.
SERVICE MODIFICATION
At this stage Mountain Planet does not provide the possibility to make any change to the Reservation.
Clients wishing to change their Reservation must implement the cancellation procedure described hereinafter, and then register a new Reservation.
CANCELLATION BY THE CLIENT
The modalities for cancellation by the Client, as well as the resulting fees are listed, for each Service, in the Service cancellation policy included in the description of the said Service. Mountain Planet’s ability to reimburse the Service is strictly governed by the provisions of the applicable cancellation policy.
A Client and/or Representative that doesn't show on the scheduled day for the reserved Service shall be handled as a last minute cancellation and shall not give right to reimbursement.
CANCELLATION BY THE PARTNER
The Partner may cancel a Service if circumstances beyond its control make Service performance impossible or dangerous, such as poor weather conditions, hostilities etc.
Partners shall inform Client and/or Representative of such situations immediately or as soon as possible.
Where appropriate, the Partner may offer the Client a change in the date selected for Service performance. Should the Client refuse said offer, the terms and conditions applicable for a Service cancellation by the Partner shall apply, and the Client may claim full reimbursement of the Service price, excluding any indemnities.
Reimbursement of the sums paid by the Client for said Service shall be made without undue delay from the time information is received from the Partner regarding the cancellation.
Mountain Planet shall make said reimbursement on behalf of the Partner.
MOUNTAIN PLANET COMISSION RATES
Mountain Planet fee for Guides:
As to the selling Guided tour services, the rate of Mountain Planet’s commission is:
| Tour Cost | Commission rate |
|---|---|
| up to $1000 | 10% |
| $1000 to $5000 | 7% |
| over $5000 | 5% |
Mountain Planet fee for Owners:
The cost of Mountain Planet’s fee for Owners as to the Rental Gear will be deducted from the payment for your reservation. The rate of commission is 10%.
Mountain Planet fee for Agencies – be established by the agreement concluded with each Agency individually.
Mountain Planet fee for the Clients:
No fee is charged when You buy a Guided tour.
When You buy Rental Gear services -
When a reservation is confirmed, we charge Clients a commission (service fee) 7% of the reservation subtotal. Clients see this fee on the checkout page before they book a reservation. Payments, which are accepted from Client as a reservation Rental Gear services through the Site transferred to the Partners taking into account the cost of Mountain Planet’s commission.
We reserve the right, at its sole discretion, to modify or terminate the Payment Services or to modify these Payments Terms at any time and without prior notice. If we modify these Payments Terms, we will post the modification on the Site or via the Application and/or may provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Payments Terms. Changes to the Payments Terms will be effective from the moment of posting. Your continued use of the Payment Services will constitute acceptance of the revised Payments Terms. Additionally, if the modified Payments Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Payments Terms don't seem acceptable for you, your only recourse is to cease using the Site. If you do not close your Mountain Planet Account you will be deemed to have accepted the changes.
Mountain Planet reserves the right to change the commission rates at any time.
COMPLAINTS
With regard to complaints that can be submitted by the Client/Partner, they can be done from the first day of the beginning of the tour/lease and up to 48 hours after its completion. If the complaint is filed, then the status of the funds won't change to "Available", but will keep being "Pending" until the resolution of the dispute.
Mountain Planet is concerned with its Clients’ experience and would like to offer a quality reservation experience.
Therefore, in cases of issues when reserving a Service or during its performance by the Partner, the Client or Representative may:
● send an email to: support@mountainplanet.com;
● write to Mountain Planet by MAIL to: Unit 46, 177 Bellevue Road, Sydney, NSW, Australia, 2023.
In cases of difficulties with a Partner, Mountain Planet shall contact the latter in order to attempt to settle the issue on behalf of the Client, on a best efforts basis.
In the scenario where a Client wishes to obtain partial or total reimbursement, such reimbursement – if accepted by the Partner – will be processed by Mountain Planet directly.
Moreover, while Mountain Planet takes issues encountered by its Clients and Representatives with Partners or with respect to Service performance seriously, Mountain Planet shall not be held liable in any manner whatsoever in case of non-compliance in whole or in part with an obligation and/or poor performance by a Partner with respect to the execution of a Service.
PROVIDER ASSESSMENT
Mountain Planet has implemented an assessment system allowing Clients to assess Partners and the Activities they propose.
In order to publish an assessment or opinion regarding a Partner or a Service, each Representative must be an adult, have a Mountain Planet account, and have effectively reserved and performed a Service with such Partner. Opinions may only be drafted once the relevant Contract has been performed.
Clients may also enter comments online as part of this assessment. Client assessments shall be under the Client’s sole responsibility, and Mountain Planet will assume no liability in this regard.
Clients shall comply with applicable regulations and, in particular, objectively comment and assess the Activities and Partners and not express defamatory, harmful, or dishonest remarks regarding the Activities or Partners.
Moreover, assessments must be intelligible, exclusively cover the Service being assessed, and the text content may not contain personal information (such as first and last names of individuals, telephone numbers, addresses), financial information, links to other web sites, or any content that may give rise to a conflict of interest.
Moreover, Clients shall refrain from including any elements of a political or religious nature, or with sexual connotation in their assessments, racial, gender, national.
Mountain Planet moderates Clients’ assessments with the goal of ensuring compliance herewith. To this end, each assessment may be subject to ex-ante moderation. Mountain Planet hereby reserves the right to contact a User if verification of an assessment is required.
Users or Partners may request moderation of an online assessment by writing to: support@mountainplanet.com and explaining the reasons for the request.
Mountain Planet reserves the right to delete any comment not in compliance with the above principles. In cases of repeated breach of the principles mentioned above, and after applying the procedures applicable to such breaches, Mountain Planet may suspend or terminate the account of any User committing such repeated breaches.
It is hereby specified that Partners shall enjoy a right of response, which must be sent to the following address: support@mountainplanet.com within a maximum of three months from the initial assessment publication date. Mountain Planet shall ensure the responses compliance herewith and all the points mentioned above before publishing it.
USER’S OBLIGATIONS AND COMMITMENTS:
COMPLIANCE WITH LAWS AND REGULATIONS
Users shall use the Site and the Service by respecting the rights of third parties and with respect and courtesy with regard to the rights of Partners and Mountain Planet.
Users shall, while browsing the Site and using the Service, comply with applicable regulations.
In particular, Users shall:
not use the Site or Service to receive services that contravene applicable regulations;
not slander, insult, or denigrate a physical or legal person;
not create user accounts with fictional identities; not falsify their own identity;
not harm others by using the Site or the Service, and in particular not steal the identity of a third party, and not, more generally, use third party’s data;
not use the contact information obtained through the Site or the Service in order to disseminate unsolicited or unauthorized mail regardless of the form of communication or solicitation;
not use the contact information obtained through the Site or the Service to disseminate computer viruses or similar threats;
not harm Partners or Mountain Planet reputation, or Mountain Planet brand image;
not disrupt or allow interruption on the Site;
not harm or attempt to harm the services provided by one or more of the Mountain Planet’s contractor or partners and in particular the hosting company, including, non-exhaustively, exposing the Site to a virus, creating saturation, flooding the server, or saturating the messaging system with e-mails;
not access or attempt to access data not intended for Users or enter or attempt to enter any part of the server hosting the Site, in a private User space, and/or access or attempt to access all or part of the data Users are not authorized to access;
not probe, scan, or test a system’s or network’s vulnerability, or breach the Site’s or all or part of a Service’s security or authentication measures, or attempt to illicitly access the networks and systems connected to the Site;
not upload to the Site, display, or send by e-mail or any other means, any element containing software viruses or other codes, files, or computer programs designed for or with the effect of interrupting, destroying, or limiting the functionality of any computer software or hardware or any telecommunications equipment.
ELIGIBILITY
You will not use the Website if you:
1. are not able to form legally binding contracts;
2. are under the age of 18;
3. are a person barred from receiving and rendering services under the laws of Australia or other applicable jurisdiction;
4. are suspended from using the Website; or
5. do not hold a valid email address.
All free user accounts are associated with individuals. Users should not share their login credentials with other users. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
A Mountain Planet, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account, which pays corporate subscriptions.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
EVIDENCE AGREEMENT
You hereby expressly accept that all electronic data, regardless of medium, in particular connections logs, computer files, logins, time stamping data, messages, e-mails, and others, emanating from the Mountain Planet’s database and those of its subcontractors and partners shall be fully enforceable against you.
You shall not contest the admissibility, validity, or enforceability of such elements of proof due to your dematerialized nature and acknowledge that such elements shall stand as evidence of the actual operations.
Therefore, the elements in questions shall constitute evidence and, if produced by Mountain Planet in a litigious procedure or other, shall be admissible, valid, and enforceable between the parties in the same manner, under the same conditions, and with the same probative force as any document drafted, received, or retained in writing on paper.
RIGHTS TO THE APPLICATION
Mountain Planet hereby grants the User, without valuable consideration, a personal, non-exclusive, non-transferable license to use the Application as object code.
No other right shall be granted with regard to the Application. In particular, Mountain Planet reserves the right to correct and modify the Application, without making any commitment to the User in this regard.
Enjoyment of the present license shall be strictly limited to use for enjoying the Service and may be called into question without notification by Mountain Planet in cases of non-compliance by the User of the terms hereof.
The terms hereof shall be supplemented and clarified in the license terms included in the contract pursuant that the User is bound to the Platform.
Users hereby acknowledge that the terms hereof bind them to Mountain Planet. In this regard, Users shall comply with these terms and shall be liable, in respect to Mountain Planet, should they not respect these terms.
RIGHTS REGARDING DISTINCTIVE SIGNS
All brands, logos, and other distinctive signs appearing on the Site and Service, including domain names, shall be Mountain Planet and its partners' exclusive property.
Any use, in any manner whatsoever, of said brands and/or logos and/or any other distinctive sign shall be subject to prior written authorization from Mountain Planet or its Partners or other partners holding the relevant rights.
Users hereby acknowledge Mountain Planet’s and its partners’ rights regarding said distinctive signs and shall refrain from any use thereof and more generally infringing Mountain Planet’s and its partners’ intellectual property rights.
Users hereby acknowledge that any violation of such rights would constitute a prejudice for Mountain Planet and/or the Partners and/or its partners, in particular in terms of damage to their image.
COMMENTS AND USER CONTENT
Users hereby cede to Mountain Planet all intellectual property rights to the Content required and sufficient to allow Mountain Planet to publish online and disseminate all or part of the Content on the site.
The rights ceded in this regard shall include, in particular: reproduction, representation, transmission, translation, distribution, use, and where appropriate modification and translation rights for media of all types. Said rights shall be ceded without valuable consideration, for the entire world and for the duration of the Content’s protection by intellectual property laws and authorize publication online by means of any technical process, known or future.
Users hereby guarantee they hold sufficient property rights to the Content to authorize such online publication and shall bear sole responsibility regarding the Content’s legal compliance. In this regard, Users shall ensure the Content published online does not infringe upon third party rights, in particular intellectual property rights.
Users shall hold Mountain Planet harmless against any claims or legal actions related to publishing the Content on the Platform.
CONSEQUENCES OF NON-COMPLIANCE WITH THE GENERAL TERMS OF USE
Mountain Planet reserves the right, in cases of non-compliance by a User with one of the obligations mentioned herein, to suspend or exclude the User from enjoying the Service.
Such possibilities shall be without prejudice to Mountain Planet’s possible liability remedies against said User.
USING MOUNTAIN PLANET
While using the website, you will not attempt to or otherwise do any of the following:
1. post content or items in inappropriate categories or areas on our websites and services;
2. infringe any laws, third party rights or our policies;
3. fail to deliver payment for services delivered to you;
4. fail to deliver seller's Services purchased from you;
5. post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
6. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
7. transfer your Mountain Planet account (including feedback) and Username to another party without our consent;
8. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
9. distribute viruses or any other technologies that may harm Mountain Planet, the website, or the interests or property of Mountain Planet users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
10. download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization;
11. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
12. copy, modify or distribute rights or content from the website or Mountain Planet's copyrights and trademarks; or
13. collect information about Users, including email addresses, without their consent.
14. taking into account the cost of the commission
TAXES
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the country of your tax residence. If the Client, or the Partner is a tax resident of the USA, or if services provided on the territory of the USA, please take care to assure if any taxes should be paid on the territory of USA (corresponding US state).
Depending on your residency or location, you may be subject to certain ad valorem or other taxes (for example, GST in Australia), on income that will come to your Account.
You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
Partners will definitely agree to indemnify, defend, indemnify Mountain Planet, it’s officers, directors, employees and agents, and to bear the responsibility stipulated by the legislation in force, against all claims, liabilities, in cases of damage, of losses, debts, liabilities and expenses, including, without limitation, reasonable expenses for legal and / or accounting, arising with tax residence or in any way connected with it, including, without limitation, the tax rate for any amount, or non-payment in relation to your dealings.
Partners and Clients agree that we are entitled to charge any person an additional amount (or to withhold the amount from the paid funds) if collected and / or paid sums of the tax are not sufficient to fulfill Member’s obligations to the tax authorities in full, and Members agree that their only action in relation to collect taxes is a tax refund, collected by Mountain Planet, from the relevant tax authorities in accordance with applicable procedures established by the data of the tax authorities us.
CONTENT
When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of Member (user) content. We do not guarantee that Member (user) content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your Member (user) content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your Member (user) content at our sole discretion.
You represent and guarantee that your content:
1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
2. will not violate any law or regulation;
3. will not be defamatory or trade libelous;
4. will not be obscene or contain child pornography;
5. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons;
6. will not contain material linked to terrorist activities;
7. will not include incomplete, false or inaccurate information about User or any other individual; and
8. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of Australia or the EEC-area. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Mountain Planet Services and may close your Account.
Information on the Website may contain general information about legal, financial, health and other matters. The information is not an advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a Platform and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Mountain Planet website. Use of third party content, links to third party content and/or websites is at your risk.
In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfill record keeping, regulatory, compliance, statistical, law enforcement and other obligations.
FEEDBACK, REPUTATION AND REVIEWS
You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Mountain Planet feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Website. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by Mountain Planet or its related entities, without our written permission.
ADVERTISING
Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a Project, Contest, item listed, user or service being performed on the Website.
We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws may protect the content of any advertisements or promotions. Unless expressly authorized by Mountain Planet or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
COMMUNICATION WITH OTHER USERS
Communication with other users on the Website must be conducted through text, audio and or video chat functionality, along with message boards, public clarification boards, Project message board, direct message sending and other communication channels provided on the Website.
In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed by written by using the chat or direct message function.
Mountain Planet may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps.
We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.
PERSONAL DATA PROTECTION
With respect to the rights and obligations regarding using and protecting personal data, Users are hereby invited to consult the Privacy Policy accessible online on the Site.