1. COMPANY DETAILS & ACCEPTANCE OF AGREEMENT
1.1 Legal Entity Identification:
This Platform is owned and operated by Actiontrails Ltd (referred to throughout these Terms as the "Company", "Platform", "we", "us", or "our").
- Company Registration Number: 633311
- Registered Office Address: 51 Bracken Road, Dublin, Co Dublin, Ireland, D18 CV48
- Official Legal Enquiries: info@actiontrails.com
1.2 Binding Contract:
These Terms of Service ("Terms") constitute a legally binding agreement between Actiontrails Ltd and you (whether an individual traveler, "User", or an activity operator, "Provider"). By registering an account, listing an event, or booking an experience, you agree to comply with and be bound by these Terms.
1.3 Incorporated Policies:
Your access to and use of the Platform is also subject to our Privacy Policy, Cancellation & Refund Policy, Provider Terms & Conditions, and Liability Waiver, which are incorporated into these Terms by reference.
2. MARKETPLACE MODEL & ROLE OF THE PLATFORM
2.1 Intermediary Service: The Platform provides an online marketplace connecting third-party adventure tour operators, local guides, and activity hosts ("Providers") with individuals seeking to book adventure experiences, guided trips, and outdoor events ("Events").
2.2 Independent Operations: Providers are independent business entities. The Platform does not own, create, manage, control, operate, or supervise any Provider or Event. The Platform is not a travel agency, tour operator, joint venturer, or insurer.
2.3 Direct Contractual Relationship: When a User books an Event on the Platform, a direct contract is established exclusively between the User and the Provider. The Platform acts solely as a venue on behalf of the Provider for the limited purpose of publishing the Provider's services and offers.
3. FEES, PAYMENT TERMS, AND PAYOUTS
3.1 Transparent Booking Fee Structure:
- Customer Booking Fee: The Platform applies a transparent booking service fee ("Platform Fee") payable at checkout.
- Provider Payment: The Provider will receive their stated listing price minus the booking fee. This price is being paid directly by the User to the Provider using a channel that both parties agree.
3.2 Payment Processing: Payments are collected securely via integrated payment processors.
3.3 Taxes and Foreign Exchange: Bookings are processed in EUR. Currency conversion costs or bank handling charges are borne by the payer. Providers are solely responsible for determining, collecting, and remitting all local sales taxes, Value Added Tax (VAT), Goods and Services Tax (GST), or tourism levies required by their local tax authorities.
4. USER & TRAVELER RESPONSIBILITIES
4.1 Assessment of Physical Fitness: Adventure activities involve inherent physical hazards, variable weather, and remote locations. Users are solely responsible for evaluating their health, medical condition, and physical capability (and that of any minor on whose behalf they book) prior to participating in any Event.
4.2 Travel & Personal Insurance: Users are strongly advised - and where required by a Provider or local regulation, mandatory required - to maintain valid personal accident, medical evacuation, travel cancellation, and extreme sports coverage before joining an Event.
4.3 Compliance with Provider Instructions: Users must strictly comply with all safety instructions, equipment protocols, and age or skill restrictions established by the Provider during the Event. Providers retain the right to terminate a User’s participation without refund if safety protocols are breached.
5. PROVIDER QUALIFICATIONS & GLOBAL COMPLIANCE
5.1 Self-Declaration & Compliance: Providers operate worldwide across diverse jurisdictions. Each Provider represents, warrants, and self-certifies that:
- It holds all mandatory national, regional, and local operating licenses, land-use permits, commercial registration certificates, and professional guide qualifications required to execute listed Events.
- It maintains commercial liability insurance matching local statutory requirements or industry standard practices.
- All listing details, difficulty ratings, safety precautions, and equipment inclusions provided on the Platform are accurate, clear, and up-to-date.
5.2 Listing & Profile Reviews: The Platform reserves the right, but assumes no obligation, to manually review Provider listings, request documentation, or suspend accounts that fail to demonstrate compliance with basic platform standards.
6. ANTI-CIRCUMVENTION POLICY
6.1 Off-Platform Transactions Prohibited: Users and Providers are strictly prohibited from attempting to bypass the Platform's booking system or fee structure. Sharing contact details (such as direct email addresses, phone numbers, WhatsApp contacts, or bank routing numbers) prior to a confirmed booking for the purpose of completing a transaction off-platform is explicitly prohibited.
6.2 Penalties: Failure to comply with this section will result in immediate account termination, cancellation of pending bookings, forfeiture of platform access, and potential court proceedings or legal action.
7. CANCELLATIONS, REFUNDS, AND FORCE MAJEURE
7.1 Standard Cancellations: User and Provider cancellations are governed by our dedicated Cancellation & Refund Policy.
7.2 Hazardous Conditions & Safety Cancellations: If an Event is cancelled prior to commencement by the Provider due to hazardous weather, safety risks, or natural disasters, the User shall receive a 100% full refund (inclusive of the 5% Platform Fee) or the option to reschedule.
7.3 Definition of Force Majeure Events:
A "Force Majeure Event" refers to an extraordinary, unforeseeable event beyond the reasonable control of the Traveler, the Provider, or the Platform that makes it impossible, illegal, or unsafe to conduct or participate in a booked Event. Force Majeure Events include, but are not limited to:
- Severe, life-threatening, or extreme weather conditions (e.g., flash floods, blizzards, hurricanes, dangerous sea states, severe rockfalls, high-risk avalanche warnings);
- Natural disasters (e.g., earthquakes, volcanic eruptions, tsunamis, wildfires);
- Formal government actions, state-of-emergency declarations, border closures, travel bans, or military conflicts;
- Unannounced access revocations or land closures of national parks, public lands, marine reserves, or critical transit routes by official authorities;
- Declared public health emergencies, epidemics, or mandatory local quarantine orders.
7.4 Force Majeure Refunds & Fee Treatment:
When an Event is cancelled prior to departure due to a verified Force Majeure Event (whether declared by the Provider, local authorities, or the Platform):
- 100% Full Refund: The Traveler will receive a 100% full refund covering the Platform Fee, or the option to reschedule for a future date at no extra charge.
- No Administrative Penalties: Neither the Traveler nor the Provider will incur cancellation penalties or administrative fees for cancellations resulting directly from a Force Majeure Event.
8. ASSUMPTION OF RISK & LIMITATION OF LIABILITY
8.1 EXPRESS ASSUMPTION OF RISK: YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATING IN ADVENTURE ACTIVITIES (INCLUDING BUT NOT LIMITED TO MOUNTAINEERING, WHITEWATER RAFTING, SCUBA DIVING, PARAGLIDING, SKIING, AND SAFARIS) INVOLVES INHERENT RISKS OF PROPERTY DAMAGE, ILLNESS, PERSONAL INJURY, PERMANENT DISABILITY, OR DEATH. YOU VOLUNTARILY AND FREELY ASSUME ALL RISKS ASSOCIATED WITH YOUR PARTICIPATION IN ANY BOOKED EVENT.
8.2 LIMITATION OF PLATFORM LIABILITY: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE IRISH LAW, THE COMPANY, ITS DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH:
- THE CONDUCT, NEGLIGENCE, OMISSIONS, OR SAFETY STANDARDS OF PROVIDERS OR THIRD PARTIES;
- PERSONAL INJURY, PROPERTY LOSS, OR DEATH SUSTAINED DURING AN EVENT;
- INACCURATE OR INCOMPLETE INFORMATION IN EVENT LISTINGS.
9. GOVERNING LAW & JURISDICTION
9.1 Governing Law: This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of Ireland.
9.2 Dispute Resolution: Any dispute or claim arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ireland.
10. CONTACT INFORMATION
If you have questions regarding these Terms or need to raise a dispute, please reach out to our team at info@actiontrails.com.
