Please carefully read these Host Terms of service and our Legal Notice, each of which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties.
The terms: “us” or “we” or “our” refers to ExploreBees.
A “Member” is an individual who has registered with our Website to use our Website’s features. A “Partner” is a Member of our Website that is a business offering tours, activities, and other travel-related goods and services to the general public and has registered with our Website to offer their goods/services. We refer to a Member who purchases goods/services from Partners as a “Customer”. (hereinafter, "Host Services" or "Host Service" as context demands) from providers (hereinafter, "Hosts," "Host," or "You" as context demands).
A “Profile” is an online collection of information provided by a Member about their business if a Partner, or generally about themselves if a Customer.
A “User” is a collective identifier that refers to either a Visitor or a Member.
A “Visitor” is someone who merely browses our Website.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid features of our Website, are collectively known as our “Content”. We may refer to Content provided by our Members, whether as part of their Profile or in other postings to our Website, as “Member Content.” When we refer to our Website, our Content is included by reference.
We reserve the right, at our sole discretion, to change or modify this Agreement. Hosts should periodically visit this page and review the latest version of the Agreement to ensure they are aware of any changes or modifications. If we revise the Agreement, we will post the revised text on the ExploreBees Platform. Your continued use of the ExploreBees Platforms and Our Service after an amendment constitutes your acceptance of the latest version of the Agreement. If you do not agree to abide by an updated version of the Agreement, please refrain from using the ExploreBees Platforms or our Services.
The Host may enter into a separate contract (hereinafter, "Specific Agreement") with ExploreBees. If there is a conflict between this Agreement and a Specific Agreement, the latter terms and conditions shall take precedence with respect to the provisions that are inconsistent, unless specified otherwise.
This Agreement shall originate in Japanese. Translations of this Agreement into English or other languages are for reference only and are not effective.
We reserve the right to modify, suspend, or discontinue the ExploreBees Platforms or our Services, in whole or in part, with or without prior notice. The Host agrees that we shall not be liable to the Host or any other third party for any modification, suspension, or discontinuation of the ExploreBees Platforms and/or our Services except in the case of intentional or gross negligence on the part of ExploreBees.
The Host agrees that we may unexpectedly suspend our intermediary duties outlined in this Agreement in following cases and that they will not receive compensation in the following cases:
For Operators - Tour operators that wish to take advantage of ExploreBees services and sell their tours on the https://www.ExploreBees.com Global Marketplace need to first submit their application. ExploreBees reviews all sign up requests and assesses the compatibility of the tour operators' product with the https://www.ExploreBees.com Marketplace. This review process can take up to 2 weeks as the product, company, market fit, bonding, safety and global reputation of the company is assessed. Upon reviewing the sign up request the ExploreBees team informs the operator whether or not working together is possible. ExploreBees reserves the right to decline the application at this stage, or any other, stage. If the first screening is positive, the operator will be asked to fill out a application form and submit it to the ExploreBees team. Once this form is accepted, processed and the application is confirmed by ExploreBees , ExploreBees will guide the operator through the next sign up steps, which includes uploading tour listings, installation of tools like Facebook Applications and assists the operator wherever possible. Before ExploreBees can start driving bookings for the operator, the operator must agree to ExploreBees Terms and Conditions in writing via e-mail.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
To list a Host Service, a Host shall submit their host profile ("Host Profile") and the listing information ("Listing Information") to us to be considered for publishing on the ExploreBees Platforms, and the Host shall be required to comply with all quality standards imposed by us at all times. We reserve the right to decide at our sole discretion if a submitted a Host Profile or a Host Service will be published on the ExploreBees Platform
To submit a Host Profile and Listing Information, Hosts shall use our designated forms and ensure the following terms:
If the Host is unable to register or change the information described above, they may ask us to do so on their behalf. If we accept this request, we will register or change the information on behalf of the Host.
Any pictures, animations or videos (hereinafter collectively "Images") used in the Listing Information must accurately reflect the quality and condition of the Host Services. Wereserve the right to require that Listing Information have a minimum number of Images of a certain format, size, and resolution.
The Host represents and warrants that all information, including Images, published on the ExploreBees Platforms shall not infringeany intellectual property rights or other proprietary rights of any third party.
Any terms and conditions included within the Listing Information, in particular in relation to cancellations, shall not conflict with this Agreement or the Cancellation Policy.
All intellectual property in the Listing Information is the property of the Host or its respective licensors. The Host will provide the us and our group companies with the rights to promote and market the ExploreBees Platforms and our Services, to hyperlink to the Listing Information from ExploreBees Platforms or affiliated websites, and to provide the ExploreBees Platforms to OEM and affiliated channels. The Host agrees to grant a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce electronically or otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from the Listing Information.
The Host shall not provide any third party with the published Host Profile or Listing Information of the Host (limited to Host Profile or Listing Information created by ExploreBees) and other Hosts without our prior written consent.
We reserve the right to modify the content of a Host Profile and Listing Information to be published on the ExploreBees Platformsat any time without prior notice to the Host. We further reserve the right to suspend or remove a Host Profile and/or Listing Information if the Host breaches any terms of this Agreement, any Specific Agreement and/or any other of Our Terms.
Operators may create Listings. To this end, you will be asked a variety of questions about the Tour to be listed, including, but not limited to, the location, capacity, itinerary, features, availability of the Group Tour and pricing and related rules and financial terms. Operators working with ExploreBees are responsible for making sure that their tour listings on the https://www.ExploreBees.com Marketplace are up-to-date so that travellers who wish to book their tours are presented with correct information. Tour operators are responsible for updating their tour information - either manually using the ExploreBees Dashboard, or by supplying the ExploreBees team with a fully functional information over email. Listings will be made publicly available via the Services. Other Members will be able to book your Tours via the Services based upon the information provided in your Listing. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Traveller taking of, a Tour in a Listing you postwill not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies) andwillbe in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Group Tour included in a Listing you post, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues andnot conflict with the rights of third parties. Please note that ExploreBees assumes no responsibility for an Operator's compliance with any applicable laws, rules and regulations. ExploreBees reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that ExploreBees , in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services. You understand and agree that ExploreBees does not act as an insurer or as a contracting agent for you as an Operator. If a Traveller requests a booking of your Group Tour and participates in your Group Tour, any agreement you enter into with such Traveller is between you and the Traveller and ExploreBees is not a party thereto.
Notwithstanding the foregoing, ExploreBees serves as the limited authorized agent of the operator for the purpose of accepting payments from the traveller on behalf of the Operator and is responsible for transmitting such payments to the operator, subject to these Terms. When you create a Listing, you may also choose to include certain requirements, which must be met by the Members who are eligible to request a booking of your Tour. Any member wishing to book tours included in Listings with such requirements must meet these requirements. You acknowledge and agree that, as an operator, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the group tour at your request or invitation, excluding the traveller. ExploreBees recommends that operators obtain appropriate insurance for their Tours. Please review any insurance policy that you may have for your tour carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of travellers while participating in your group tour.
If a User makes a reservation for a Host Service on the ExploreBees Platform (hereinafter "User Reservation"), we will provide the following details to the Host:
If the Host accepts the User Reservation and this confirmation is relayed to the User, then a contract is established betweenthe User and Host for use of the Host Service. The Host shall provide the User with the relevant Host Service in accordance with the Listing Information.
The Host shall provide Host Services in accordance with the Listing Information of such Host Services on which the User relies to make a User reservation.
Once User Reservation has been made, the Host may not request the User to pay a price higher than the published price on the ExploreBees Platforms. TheHost shall be responsible for all costs and expenses required to provide the Host Service and any increase in such costs and expenses shall not be charged to the User or ExploreBees.
The Host represents and warrants that any and all Listing Information regarding, reservations of, and provisions of, the HostService are in accordance with the following items. The Host shall be liable for any omissions and for the Host’s own actions.
In the Listing Information, the Host shall provide sufficient information to Users about:
The Host shall provide Host Services directly and may not allow any third party to provide Host Services on the Host’s behalf unless authorized by ExploreBees in advance. In the case where the Host outsources all or part of a Host Service to a third party (including a third party that we designated), the Host shall notify ExploreBees of the name and information of the third party and the reasons for outsourcing the Host Service andobtain discretionary approval of ExploreBees.
We recommend that Hosts obtain appropriate insurance for Host Services. Please review any respective insurance policy carefully and in particular make sure that you understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users (and the individuals the User has booked for, if applicable) while participating in Host Services of the Host or using Host Services of the Host.
The Host shall notifyExploreBees immediately if the Host cannot fulfil a User Reservation. If the failure of the Host to fulfill the User Reservation results in a refund to the relevant User, the Host shall be responsible for such a refund.
The Host shall immediately notify ExploreBees of any complaints from a User about Host Services.
ExploreBees partners are expected to adhere to and respect the ExploreBees partners Code of Conduct. The ExploreBees partners Code of Conduct contains quality standards as well as basic requirements for hosting.
Host quality at ExploreBees is defined by the following standards:
Passionate partners are the heart of ExploreBees. Our promise to travelers is to offer them a unique experience, led by partners that are passionate about the topic of the experience, have a personal connection to it, and deep knowledge of it.
As a host, you are expected to communicate this passion with your guests:
ExploreBees partners want to share the real soul of their city, offering an authentic experience to guests.
Provide an authentic experience by sharing a unique perspective, unveiling secret gems, providing unique access to your guests. Remember that guests booked you because they are looking to experience something they could not do by themselves!
Connecting cultures and people is our mission. Connect with your guests at all the steps of their ExploreBees journey.
Not meeting these standards will result in an incompatibility to work as a ExploreBees host. If you need any extra support or coaching, we are here for you! Check our Learning Center or get in touch with our team to receive help & resources.
The following requirements are minimum standards that partners must fulfill to keep a ExploreBees profile. Any breach of these requirements will result in a performance breach and may lead in your removal from the platform.
partners are required to respect the following professional standards:
ExploreBees partners represent the ExploreBees community, and are therefore expected to respect the following limitations:
partners commit to maintaining high standards of safety and security when providing a service to guests. The following standards apply:
The price of Host Services to be provided on the ExploreBees Platforms shall be agreed upon between the Host and ExploreBees before publication of Listing Information. ExploreBees, as the provider of the ExploreBees Platforms, shall charge the fees ("Host Fees") payable to the Host.
Any additional expenses that the User may have to incur in order to enjoy certain additional options to the Host Service shall be specified in the Listing Informationor informed to the User in advance that the price paid by the User are exclusive of such options.
The User will pay for the price of Host Services of the Host in accordance with the payment methods specified by us through the ExploreBees Platforms. In the case we charge Host Fees to the Host, payments collected from the User from which will be deducted the Host Fees (including any applicable tax) will be transferred to the bank account designated by the Host by the last day of the month following themonth in which the relevant Host Service has been duly fulfilled by the Host; provided that no complaints from Users is received by us with regards to the quality or performance of the Host Service.
All payments for Host Services and Host Fees shall be calculated and charged in Indian rupee (INR). Where the price of Host Services is set in a currency other than Indian rupee (INR), payments made to Host will be in U.S. dollars unless otherwise agreed. Exchange rate will be determined based on the adjusted exchange rate calculated by adding a markup to the official bank exchange rate of the date that the relevant User Reservation is made or the date of the payment arranged.
In consideration for providing the Services, ExploreBees collects a service fee only from partners ("Service Fees"). A Service Fee is made based on a percentage of the amount of the travel service Cost which is defined in the partner's ExploreBees T n C. Where applicable, Taxes may also be charged in addition to the Service Fee. Services Fees are deducted from the travel services Cost before remitting the balance to the partner (please note that we will not be responsible for delays in remitting payments, which can vary based on the bank, currency, location, etc). Balances will be remitted by ExploreBees to partners via cheque, direct deposit or other payment methods described on the Site or via the Application, in the partner's currency of choice, depending upon the selections the partner makes via the Services. Please note that for any payments by ExploreBees , we will pay our bank's costs and and you are responsible to pay your bank's costs. More information on Service Fees can be found in your Dashboard by going to Profile > ExploreBees Package. Except as otherwise provided herein, Service Fees are non-refundable.
We provide services to our Partners and therefore we treat the partner as our legal customer. We will invoice the partner. On this invoice we will state our details, any applicable taxes and details of the service(s) provided by the partner to the traveler. As a partner you are responsible for providing the traveler with any documentation and/or invoice needed in compliance with the applicable tax law(s).
It’s a partner’s sole responsibility to determine which taxes are applicable and required to comply with the applicable local tax law and pay any corresponding taxes. These taxes can include, but are not limited to, taxes such as value added taxes, surcharges, sales taxes, personal or corporate income taxes imposed or any other taxes which are levied upon reservations made through our website or the payment thereof. Partners represent and warrant that they will pay such taxes in time and in compliance with the applicable tax law.
The price of the services does not include insurance. You are responsible for providing sufficient insurance protection. The requirement for insurance depends on the activity booked.
Unless explicitly provided by ExploreBees in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case ExploreBees shall accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service or product by ExploreBees shall be as per the terms and conditions of the third-party insurance company. ExploreBees merely acts as a facilitator in connecting the User with insurance company. The User shall contact the insurance company directly for any claims or disputes. ExploreBees shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.
Please review any insurance policy that you may have for your tour carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of travellers while participating in your group tour.
Each partners hereby appoints ExploreBees as the partners's limited agent solely for the purpose of collecting payments made by Travellers on behalf of the partners. Each partners agrees that payment made by a Traveller to ExploreBees shall be considered the same as a payment made directly to the partners and the partners will make the Group Tour available to Traveller in the agreed upon manner as if the partners has received the Payment. In accepting appointment as the limited authorized agent of the partners, ExploreBees assumes no liability for any acts or omissions of the partners. partnerss acknowledge and agree that ExploreBees reserves the right, in its sole discretion, to introduce and collect other fees from you in accordance with the Modification Section of these Terms. Please note that ExploreBees will provide notice of new fees via the Services, prior to implementing such new features.
As a Provider, you can upload information about your business, including address, phone, hours of operation, and other such relevant information. By uploading such information, you warrant to ExploreBees that such information is true to the best of your knowledge and is not in any way malicious, libelous, or otherwise illegal for you to transmit to our Website.
Our Website offers Providers the opportunity to sell their products and services through our Website. This service is strictly as a convenience to our Members and in no way means that ExploreBees endorses a specific Provider, guarantees their products/services, or that ExploreBees participates in any way in the sale of such products/services. Any purchases of products/services that a Customer may make through our Website are strictly between the Provider and Customer. By interacting through our Website as Provider and Customer, you both agree that at all times, you will look to each other for any issues or information related to such sale of products/services, including, but not limited to, costs, scope of services, product features, payment terms, late or non-payment issues, delivery dates, shipping information, refunds, exchanges, and warranties.
As a Provider, if you contact Customers outside our Website with correspondence, you agree to abide by such Customers’ requests to be removed from future correspondence. If we receive complaints that you are failing to do so, we reserve the right to terminate your Profile at our sole discretion with no notice to you.
ExploreBees has implemented an assessment system allowing Customers to assess Partners and the Activities they propose.
In order to publish an assessment or opinion regarding a Partner or an Activity, each Participant must be an adult, have a ExploreBees account, and have effectively reserved and performed an Activity with such Partner. Opinions may only be drafted once the relevant Contract has been performed.
The rating shall be on a scale from 1 to 5.
Customers may also enter comments online as part of this assessment. Customer assessments shall be under the Customer’s sole responsibility, and the Company will assume no liability in this regard.
Customers 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 Activity 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, Customers shall refrain from including any elements of a political or religious nature, or with sexual connotation in their assessments.
ExploreBees moderates Clients’ assessments with the goal of ensuring compliance herewith. To this end, each assessment may be subject to ex-ante moderation. The Company hereby reserves the right to contact a User if verification of an assessment is needed.
Users or Partners may request moderation of an online assessment by writing to: support@ExploreBees.com and explaining the reasons for the request.
The Company 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, the Company 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@ExploreBees.com within a maximum of three months from the initial assessment publication date. ExploreBees shall ensure the response’s compliance herewith and all the points mentioned above before publishing it.
The Host shall not take any of the following actions regarding the use of the ExploreBees Platform:
The Host and ExploreBees shall not disclose or divulge to any third parties any confidential information relating to the other party that it learns through this Agreement, use of the ExploreBees Platform, or in communications with Users (hereinafter, "Confidential Information"). However, this does not prevent ExploreBees from disclosing or exchanging information, including personal information about the Host, to a judicial, administrative or similar organization where compelled by applicable law or the mandatory rules or requirements of any regulatory authority, or to our group companies or our partners with whom we have entered into a confidentiality agreement if we deem it necessary to do so for the protection of the rights and/or property of ExploreBees, Users, other Hosts or third parties, or for the operation of the ExploreBees Platforms.
The following is not considered Confidential Information.
The obligation of confidentiality shall continue for 2 years after the termination of this Agreement.
The Host shall not divulge, disclose, provide, or allow a third party to handle the personal information of Users,their family members, or other guests (hereinafter, "User Information") that Hosts learn in their interactions with Users, and the Host shall use User Information only to provide Users with Host Services.
The Host shall fulfil its obligations as a business operator by handling personal information as directed by the Personal Information Protection Act with respect to User Information acquired under this Agreement, regardless of whether or not the Host is a business operating handling information under the Act.
The Host shall be fully aware that leakage of User Information may cause serious consequences, including damage to ExploreBees’s reputation, and shall take necessary measures to prevent user information from being leaked, such as establishing appropriate methods for storing and disposing User Information, appointing an information management officer, and conducting employee training. If User Information is leaked from the Host to an unauthorized third party, whether intentionally or through negligence, the Host shall be responsible for any and all damages and expenses (including legal fees) caused to ExploreBees.
The provisions outlined in Confidentiality shall remain in force after the termination of this Agreement.
Either party may terminate this Agreement at any time and for any reason by providing one month’s prior written notice to the other party.
Termination of this Agreement by either party shall take effect on the last day of the calendar month following the month in which the other party receives a notice of termination (hereinafter, "Termination Effective Date").
Notwithstanding the termination of the Agreement, the Host shall provide Host Services to Users as booked with respect to any bookings made prior to the termination of this Agreement, and any obligations owed by the Host under this Agreement with respect to such bookings shall still be performed in accordance with this Agreement.
Notwithstanding above, ExploreBees may terminate this Agreement with the relevant Host with immediate effect without prior notice in one of the following situations where:
i. Such breach is not capable ofbeing rectified, or
ii. Such breach is capable of being rectified but is not rectified within 30 days of receipt of written notice given by ExploreBees to the Host;
In the event that this Agreement is terminated, ExploreBees shall be entitled to cancel any unfulfilled User Reservations made prior to said termination without payment or liability to you.
All provisions of this Agreement which, by their nature, should survive termination, shall survive termination.
The Host agrees to release, indemnify, and hold ExploreBees harmless from and against any and all losses, damages, expenses (includingreasonable attorney’s fees), rights, claims, actions of any kind arising out of or related to the use of the ExploreBees Platforms or our Services, Listing Information or Host Information, Host Services and their performance, violation of this Agreement or other Our Terms, or any other rights.
ExploreBees may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. The Host shall not make any settlement that may adversely affect rights or obligations of ExploreBees without ExploreBees’s prior written approval. ExploreBees reserves the right, at our expense and upon notice to the Host, to assume the exclusive defense and control of any claim or action.
The invalidity or unenforceability of any provision (in whole or part) of this Agreement shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from this Agreement.
A party shall not be liable for any delay or failure to perform its obligations under this Agreement caused by circumstances beyond the reasonable control and without the fault and negligence of that party, including, but not limited to, fire, flood, trade embargoes, war (declared or undeclared), pandemic, acts of terrorism, riots, civil disturbances, strikes, lockouts or other labor disruptions, and omissions or delaysby government authorities or other parties (hereinafter "Force Majeure"). The affected party shall inform the other party of delays or disruptions due to Force Majeure, and shall endeavor to take measures to minimize the duration and impact of the Force Majeure.
Any failure by ExploreBees to enforce any of the terms of this Agreement shall not be considered to be a waiver of them or our right to subsequently enforce any of the terms of this Agreement.
Any person who is not a party to this Agreement shall have no right to enforce any of the provisions of this Agreement.
This Agreement may not be assignable, transferrable, or sub-licensable by the Host without prior written consent from ExploreBees. We may assign, transfer, or delegate this Agreement and our rights and obligations under this Agreement without prior notice to the Host.
Irrespective of the country from which the Host use the ExploreBees Platforms and/or our Service, or provide the Host Services, to the extent permitted by laws, this Agreement shall be governed by the laws of INDIA, Any dispute arising out of, or in relation to the Agreement shall be subject to the exclusive jurisdiction of the Bengaluru District Court.
The law of the Republic of India shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is Bengaluru, provided the user is a tradesperson as per the Consumer Protection Act, or does not have a permanent place of residence in India when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.
The Host and ExploreBees represent and warrant to each other that they shall not fall under the category of any of the following items during the term of this Agreement:
ExploreBees or the Host may terminate this Agreement if the other party violates or is reasonably suspected of violating the preceding provisions without making any notice or taking any procedures. In this case, ExploreBees or the Host are not required to explain or disclose the contentand grounds of such reasonable suspicions and they shall not be held responsible even when the other party incurred any loss or damage resulting from or by or in connection with the termination of this Agreement.
If You have any questions regarding the interpretation of the provisions of this Agreement, kindly send your questions to sayhello@ExploreBees.com