Terms and conditions of use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Embark.org LLC ("Embark.org LLC", "Embark", "we", "us", "our") is an online travel website that provides original authored and user submitted content on travel destinations, as well as providing a platform to connect Travelers with Hosts of travel experiences.
For the purpose of disambiguation, the terms defined below will apply to all related terms and conditions, including privacy policies, refund policies, hosting policies and any other similar policy pages.
"Content" refers to any information, pictures, text, video, or other media found on Embark.org. This can refer to travel information, as well as policy pages.
"Features" refer to any technical functions of the site that may or may not directly include content such as navigation, search, or booking.
"User" is any person who has visited or will visit Embark.org.
"Registered User" is a person who has visited or will visit Embark.org and go through our registration process.
"Tour Guest" refers to a registered user who reserves and purchases a Bookable Activity available through a Tour Provider.
"Tour Provider" is a company or individual who provides their services to introduce Tour Guests to travel experiences in their area of expertise.
"Bookable Activity" and "Bookable Activities" refer to specific activities that a user can book via Embark.org booking platform.
"Booking" refers to a completed transaction in which a Tour Guest requests to purchase a Bookable Activity from a Tour Provider and the request is accepted by the Tour Provider.
Certain features of Embark.org will only be available to Registered Users. As a Registered User you will have the ability to submit content, purchase trips as a Tour Guest, or host trips as a Tour Provider. A general User is allowed to have one, and only one, Embark.org Registered User account.
Any Registered User who also is a Tour Guest or a Tour Provider agrees to comply with the Tour Guest and Tour Provider Policies, respectively.
3. Tour Guest Policies
Tour Guests agree to only purchase trips that they completely intend to experience at the time of the purchase. You acknowledge that the purchase of the trip is an agreement between you and the Tour Provider. Embark.org does not provide the fulfillment of the Tour Provider services, but solely serves as the booking platform for Tour Guests and Tour Providers to transact business. Additionally, Embark.org does not offer any liability to protect travelers against accidents or other extraneous events that might occur during the course of the trip.
You agree to purchase the trip using a legal tender and agree to not purchase the trip using funds acquired through identify theft, credit card theft, bank card theft, or any other type of theft or fraud.
If you need to cancel your trip after purchasing your booking, you will be entitled to refunds in compliance with our Refund Policy.
4. Tour Provider Policies
Tour Providers agree to provide additional verification information for selling purposes. Some of this information will be collected during the registration process, but Tour Providers will also be required to submit their mailing address and date of birth. Additionally, certain bank details will be needed to pay out the funds related to tours purchased on Embark.org.
Tour Providers agree to only post tours that they can exclusively fulfill themselves individually or through their primary place of business. Tour Providers who are vendors or subcontractors of multiple tour agencies must contact Embark.org management for approval or are otherwise subject to having posted tours taken down.
As a Tour Provider, we encourage you to have your Tour Guest sign a tour-specific waiver at the time of the trip. Embark.org does not offer any liability to protect your customers against accidents or other extraneous events that might negatively impact your ability to do business.
Embark.org uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. In order for you to use Braintree's payment processing services, you must enter into the Merchant Services Agreement (MSA) with Braintree and its sponsoring bank. The MSA is available here. By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that Embark.org is not a party to the MSA and that you, Braintree and Braintree's sponsoring bank are the three parties to the MSA and that Embark.org has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Braintree at (877) 434-2894.
Tour Providers agree to Embark.org's Bookings and Financial Terms, including payment flow and refund policies and procedures.
5. Bookings and Financial Terms
"Gross Booking Amount" refers to the total cost of the Bookable Activity offered by a Tour Provider.
"Commission Fees" refers to the percentage of a booking withheld by Embark.org, calculated as a percentage of Gross Booking Amount.
"Net Booking Amount" is the Gross Booking Amount less the Embark.org Commission Fees.
"Booking Date" is the date the Bookable Tour purchase is confirmed by a Tour Provider.
"Tour Date" is the date on which the Tour Provider services are planned to be fulfilled.
Embark.org charges a Commission Fee of 15% of the Gross Booking Amount. If you are a Tour Provider and a booking is requested for your Bookable Activity, you will be required to either confirm or reject the booking request within 48 hours, otherwise the booking request will be automatically cancelled. When a booking is requested we will share with you (i) the username of the Tour Guest who has requested the booking, (ii) a link to the Tour Guest's Embark.org profile page, (iii) and dates of travel so that you can view such information before confirming or rejecting the booking request. If you are unable to confirm or decide to reject a booking request within 48 hours, any amounts collected by Embark.org for the requested booking will be refunded to the applicable Tour Guest's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Tour Guest, we will send you an email, text message or message via our Application confirming such booking, depending on your preferences.
6. Bookings and Financial Terms for Tour Providers
Embark.org will collect the Gross Booking Amount at the time of booking confirmation (i.e. when the Tour Provider confirms the booking request) and will hold the funds for future disbursement. Upon the Tour Date, Embark.org will remit the Net Booking Amount to the Tour Provider (less any Taxes such as VAT in Europe) to the Host within 24 hours of when the Guest arrives at the applicable Accommodation (except to the extent that a refund is due to the Guest). The time it takes for the Host to receive payouts may depend upon the method for receiving payouts chosen by the Host. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount to Embark.org (whether as a result of your bookings or actions as a Guest or otherwise), then we may (but are not obliged to) withhold the amount owed from any payout amounts due to you as a Tour Provider, and use the withheld amount to offset the amount owed by you to Embark. If we do so, then your obligation to pay Embark.org will be extinguished to the extent of the amount withheld.
Embark.org will require that you provide accurate identification information such as name, address, email and date of birth. Additionally, you will need to provide accurate banking information including bank name, account information and international routing information if applicable. Embark.org will support payout to a Tour Provider's bank, PayPal or Venmo account. Please note that Tour Providers based in the United States will be able to receive payouts using either PayPal or Venmo, while Tour Providers in all other countries will be able to receive payouts using PayPal.
For some Tour Providers, advance payment terms may be offered to support with pre-trip purchases as needed. These requests can be submitted to firstname.lastname@example.org and will be reviewed & accepted at the sole discretion of the Embark.org Management Team. When advance payment terms are requested and approved, this will also impact the Tour Guest cancellation policy. For example, if a Tour Provider requires one week advance payment, the Tour Guest will be able to cancel any time up to one week before the tour start date. After that time, the tour cannot be cancelled by the Tour Guest for any refund.
7. Bookings and Financial Terms for Guests
Tour Providers, not Embark.org, are solely responsible for honoring any confirmed bookings and making available any services reserved through our site. If you, as a Tour Guest, choose to enter into a transaction with a Tour Provider for a Bookable Activity, you agree and understand that you will be required to enter into an agreement with the Tour Provider and you agree to accept any terms, conditions, rules and restrictions associated with such a Bookable Activity imposed by the Tour Provider. You acknowledge and agree that you, and not Embark.org, will be responsible for performing the obligations of any such agreements, that Embark.org is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Embark.org disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Embark.org is not a party to the agreement between you and the Tour Provider, Embark.org acts as the Tour Provider's payment collection agent for the limited purpose of accepting payments from you on behalf of the Tour Provider. Upon your payment of the Gross Booking Amount to Embark.org, your payment obligation to the Tour Provider for the Commission Fees is extinguished, and Embark.org is responsible for remitting the Net Booking Amount (less any taxes), in the manner described in these Terms. In the event that Embark.org does not remit any such amounts as described in these Terms, such Tour Provider will have recourse only against Embark.org.
The Gross Booking Amount payable will be displayed to a Tour Guest before the Tour Guest sends a booking request to a Tour Provider. As noted above, the Tour Provider is required to either confirm or reject the booking request within 48 hours, otherwise the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Tour Provider), any amounts collected by Embark.org will be refunded to such Tour Guest, depending on the selections the Tour Guest makes and any pre-authorization of such Tour Guest's credit card will be released, if applicable.
You as a Tour Guest agree to pay Embark.org for the Gross Booking Amount for any booking requested in connection with your Embark.org Account if such requested bookings are confirmed by the applicable Tour Provider. In order to establish a booking pending the applicable Tour Provider's confirmation of your requested booking, you understand and agree that Embark.org, on behalf of the Tour Provider, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. Once Embark.org receives confirmation of your booking from the applicable Tour Provider, Embark.org will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Embark.org cannot control any fees that may be charged to a Tour Guest by his or her bank related to Embark.org's collection of the Total Fees, and Embark.org disclaims all liability in this regard.
8. General Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Embark's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Embark's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Embark at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
9. User Behavior and Conduct Requirements
All users are expected to use Embark.org in compliance with all local, state, federal and international laws. In regard to all site Content and Features, the user agrees not to:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Content and Features, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use any other form of "hacking" to manipulate the sites functions outside of the manner developed by Embark.org;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- Bother or harass any other user of our Content and Features, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Tour Guest or Tour Provider;
- Connect with a Tour Guest or Tour Provider on Embark.org, but complete the booking transaction outside of the Embark.org booking platform.
- advocate, encourage, or assist any third party in doing any of the foregoing.
10. Submission of Content
By submitting content via comments, reviews, media, articles, forum posts, or any other format to embark, you agree that the information is, to the best of your knowledge, true, accurate, current, and thorough. You accept full responsibility for the content posted and Embark is not responsible for verification of the content that you submit.
Many of the posts a user submits are visible to all visitors of embark. By posting any content to the site, you agree not to post any content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
Additionally, you agree not to post any content that would encourage violations of any local, national, or international law; content that would infringe on any intellectual property such as copyrights, patents, trademarks, trade secrets, or other legal protections; content that contains viruses or other malicious and destructive software; content that is unrelated to the specific city, country, or activity; any other questionable content as deemed so by Embark.
Embark reserves the right to use, modify, and distribute content that is directly submitted by users. The company is under no obligation to notify the user of such use or distribution. This applies to comments, reviews, articles, photos, videos and any other submissions.
While Embark is not required to verify the accuracy of any user submitted content, the company reserves the right to remove any content at any time, without disclosed reason.
The materials on Embark's web site are provided "as is". Embark makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Embark does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet web site or otherwise relating to such materials or on any sites linked to this site.
By accepting these Terms and Conditions, you acknowledge that all adventurous activities (including but not limited to all content on Embark.org, whether bookable or not, generated by Embark.org, or user submitted) are dangerous, and come with an inherent risk of personal injury or death. Furthermore, by choosing to engage in any adventurous activity or tour found on Embark.org, you hereby release and hold blameless with respect to any and all injury, illness, disability, death, or loss or damage to person or property, whether caused by negligence or otherwise, Embark.org, its owners and employees.
In no event shall Embark or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Embark's internet site, even if Embark or a Embark authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
13. Revisions and Errata
The materials appearing on Embark's web site could include technical, typographical, or photographic errors. Embark does not warrant that any of the materials on its web site are accurate, complete, or current. Embark may make changes to the materials contained on its web site at any time without notice. Embark does not, however, make any commitment to update the materials.
Embark has reviewed the sites linked within the domain, however, these links are subject to change over time. As a result, Embark is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Embark of the site. Use of any such linked web site is at the user's own risk.
17. Governing Law
Any claim relating to Embark's web site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.