Terms and Conditions
Last updated on: January 1st, 2016
Terms of Service
Berguide provides an online platform that connects Licensed Professional Mountain Guides (defined below, "Guide(s)") or Licensed Tour Operators (defined below, "Tour Operator(s)") who host guided mountaineering, climbing or hiking tours ("Tour(s)") with guest climbers ("Climber(s)", "Client(s)") seeking to find such Tours (collectively, the "Service(s)"). This Service is accessible at berguide.com. We provide this Service available on websites (collectively, the "Site") and also on mobile devices (the "Application"). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether you are a registered or unregistered user of the Service.
Please note that, Berguide (the Site, Application and Services) is only intended to be used to facilitate and connect the Guides or Tour Operators that publish their Tours, and Climbers that want to make the bookings of those Tours directly with each other. Berguide does not have the responsibility nor the control of any content contained in these published Tours. All Tours occur under the strong responsibility of the Mountain Guides or Tour Operators. Berguide is also not responsible for any issues related to the offered service by the Guides that occur before, during and after the Tour. Any bookings will be made at the Member's own risk.
These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below). These Terms also constitute a legal agreement between you and Berguide. We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. If you do not agree with these Terms or any future Terms, we ask you not to use or access (or continue to use or access) our Service.
Berguide Content means all Content that Berguide makes available through the Site, Application, or Services (including any Content licensed from a third party)
Collective Content means all Member Content and Berguide Content
Certified Guided Tour Operator means guided tour operator (or agents) specialised in the field of mountains. (climbing, hiking and trekking) In order to list your Tours as an organisation, you must upload your tour operator business license and get an approval from Berguide. This license you will upload shall belong to the Managing Director or the owner of the organisation
Climber(s) means a Member who requests from a Guide a booking of a Tour via the Site, Application or Services.
Guide(s) means a Member who creates and publishes a Tour via the Site, Application and Services. All of our Guides are officially licensed from a Mountain Guide Association listed below under Licensed Professional Mountain Guide. Copies of their license is sent to be approved by Berguide.
Licensed Professional Mountain Guide means Mountain Guides that are officially licensed by the following Mountain Guide Associations, or its partnered country’s mountain guide associations: IMFGA and all membership countries listed on the following Link, UIMLA and all membership countries listed on the following Link, and KGA (Kilimanjaro Guides Association)
Member(s) means a person who completes Berguide's account registration process, including but not limited to Guides and Climbers
Member Content means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, Application or Services
Tour(s) means a Guided Tour that is listed by a Guide or Tour Operator being able to book, make reservations and pay via the Site, Application, and Services. Listed Tours must be related to mountaineering activities generally called hiking, climbing, alpine climbing, trekking, snow shoe trekking, alpine climbing, etc
Licensed Tour Operator(s) means any form of organisation or businesses that operate professional guided Tours. You must upload the business license approval from your homeland contry's government to operate and list your Tours on Berguide. If in any case Berguide finds out you or your business have uploaded fake or invalid licenses where you do not have the rights to run a business as a Tour Operator, Berguide has the rights to delete your account, or reserves the right to investigate and take appropriate legal actions
Access and Use of the Service
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account. You agree to (1) immediately notify Berguide of any unauthorized use of your password or account, and (2) ensure that you exit and log out from your account at the end of each session when accessing the Service. Berguide will not be responsible or liable for any loss or damage from your failure to comply with this Section.
General Practices Regarding Use and Storage: You agree that Berguide has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted. You acknowledge that Berguide reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Berguide reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to Service: Berguide reserves the right to modify or discontinue, either temporarily or permanently, the Service with or without notice. You agree that Berguide is not liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Conditions of Use
User Conduct: You are solely responsible for all Collective Content that you upload, post, publish or display (hereinafter, “post”) or otherwise transmit or use via the Service as a Member of Berguide. The following are examples of the kind of Collective Content and/or use that is illegal or prohibited on Berguide. Berguide reserves the right to investigate and take appropriate legal action, for example, to remove the offending content from the Service, suspend or terminate the account of such violators, and report the violators to the law enforcement authorities. You agree to not use the Service to:
- Post or transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of Berguide, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Berguide or its users to any harm or liability of any type;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Climber Fee Terms: When you purchase a Tour published by the Guides, Berguide will charge 5% of the offered amount to your credit card or other payment method. In the event that the Guide declines your booking or it otherwise expires, you will be entitled to a refund pursuant to our refund policy. In addition to the fees you pay for Tours, you acknowledge that Berguide reserves the right to charge for any portion of the Service (“Service Fees”) and to change its Service Fees from time to time in its discretion. You agree to pay all fees when due in accordance with the terms set forth on the Site and these Terms. If you are required to provide Berguide information regarding your credit card or other payment instrument, you represent and warrant that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If you dispute any charges you must let Berguide know within sixty (60) days after the date that we charge you. If Berguide terminates your account and use of the Service because you have breached these Terms, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
Cancellation and Refunds: If you wish to cancel or obtain a refund for a Tour, please see Berguide’s Cancellation Policy
Special Notice for International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Special notice for all Guides and Tour Operators: all approved Guides and Tour Operators on Berguide are obliged to follow their own rules and guidelines issued by their country’s law, or the regulations set by the Mountain Guide Association or Organisation. For example, if you’re not licensed as an International Mountain Guide, you are not allowed to list your Tours outside your country. Berguide will not be responsible or be liable for any Tours done outside what your License allows you to do. If in any case this happens, Berguide reserves the right to investigate and take appropriate legal actions for damaging the overall trust and safety of the Berguide platform. We believe all Climbers should come to the platform expecting a great, safe, legal, professional, and unforgettable experience from all of the mountain Guides and Tour Operators.
You agree that Berguide, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Berguide believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Berguide may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Berguide may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Berguide shall not be liable to you or any third-party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other Member or Guide in connection with the Service. Berguide will have no liability or responsibility for any issues occurred within the Members, however, Berguide reserves the right to become involved in any way with disputes between you and any other user of the Service. (but has no obligation to do so)