Terms of Service
Welcome to FairWalks. By accessing or using our platform, you agree to comply with and be bound by the following terms and conditions. Please read them carefully.
1. Definitions
- "Platform" refers to the FairWalks website, mobile applications, and services operated by FairWalks.
- "Guide" refers to any individual registered on the Platform who offers, schedules, and conducts tours.
- "Traveler" refers to any registered or unregistered user who browses, books, or participates in tours on the Platform.
- "Company" refers to a registered tour agency, operator, or business that manages one or more Guides.
- "Booking" refers to the formal reservation made by a Traveler for a specific Tour instance on the Platform.
- "Tour" refers to the guided walk, excursion, or experience hosted by a Guide or Company.
- "Certified Guide" refers to a Professional Guide or a Guide registered under a Tour Company, who automatically receives the "Certified" badge on the Platform.
- "Attendance" refers to the verified presence of a Traveler on a booked Tour.
2. Booking Contract Clarification
FairWalks acts solely as an intermediary technology platform connecting Travelers with Guides and Companies. We facilitate bookings and host content, but we do not operate, provide, or manage any tours ourselves. The agreement for the tour services is concluded directly and exclusively between the Traveler and the Guide/Company providing the tour.
3. Booking & Cancellation Policy
- Traveler Cancellations: Travelers may cancel a booked tour at any time before the scheduled start. We encourage travelers to cancel at least 24 hours in advance to respect the guide's schedule. Repeated no-shows without cancellation may result in booking restrictions or account suspension.
- Guide Cancellations: Guides are expected to conduct all scheduled tours. If a guide must cancel due to unforeseen circumstances, they must notify the Traveler and update the Platform immediately.
- Weather & Force Majeure: In the event of severe weather, transport strikes, or other force majeure events, either party may request a reschedule or cancel the booking without penalty.
4. Guide Obligations
Every Guide registered on the Platform must:
- Provide accurate descriptions, photos, and schedules of the Tours they offer.
- Arrive on time at the designated meeting point for every booked Tour.
- Comply with all local registration, licensing, and taxation laws in their operating city.
- Maintain any required professional liability insurance (if applicable).
- Not discriminate based on race, religion, gender, sexual orientation, disability, or nationality.
- Accurately report Traveler attendance within 24 hours of completing a Tour.
5. Platform Fees
FairWalks is built on a fair flat-fee model. Fees are detailed under the Guide Terms. We reserve the right to modify our pricing structure, subscription models, or platform fees at any time, subject to a 30-day notice to registered Guides and Companies. Taxes are not included in the stated prices and will be applied where legally required. Non-payment of platform fees will result in account suspension.
6. Anti-Circumvention Policy
The business model of FairWalks depends on transaction integrity. Guides and Companies shall not intentionally redirect, suggest, or encourage Travelers obtained through the Platform to book or pay off-platform to avoid platform fees. Doing so is a severe violation of these Terms. Violations will result in the following actions:
- First offense: Written warning.
- Second offense: Account suspension for 30 days.
- Third offense: Permanent termination of the account and deletion of all listings.
7. Account Suspension
We reserve the right to suspend or terminate accounts at our sole discretion, without prior notice, for reasons including but not limited to: fraud, duplicate accounts to exploit free tiers, fake bookings, abusive behavior towards travelers or guides, manipulation of attendance data, and posting fake or extorted reviews.
8. Reviews Policy
Reviews must represent genuine, verified experiences. Extortion, review manipulation (including self-review or review swaps), and abusive language are strictly prohibited. FairWalks reserves the right to review, edit, or remove reviews that violate these standards.
9. Liability Disclaimer
FairWalks does not guarantee tour quality, safety, punctuality, guide behavior, or traveler conduct. We do not assume liability for any loss, damage, injury, or delay incurred during a Tour. The provider of the tour remains solely responsible for the safety and execution of the experience.
10. Force Majeure
Neither FairWalks nor the Guides/Companies shall be liable for failure to perform their obligations if such failure is due to weather extremes, strikes, illness, natural disasters, civil unrest, or transport disruptions.
Guide Terms & Fees
These terms apply specifically to registered Guides and Companies offering tours on FairWalks. By listing tours, you agree to these Guide Terms in addition to the Terms of Service.
1. Eligibility
To list tours as a Guide, you must be at least 18 years of age and possess the legal authority to enter into contracts. You must ensure you hold any necessary licenses required to guide in your respective jurisdiction.
2. Certification Badge
Guides registered as a Professional or under a Tour Company automatically receive the "Certified" badge on their profile. There is no requirement to upload proof of qualification. However, FairWalks reserves the right to revoke certification badges at any time if a guide fails to adhere to quality standards, receives consistent negative feedback, or violates community rules.
3. Flat Fee Structure & Payments
FairWalks operates on a competitive flat-fee model, eliminating high commissions:
- Non-professional Local Guides: Free listing, limited to a maximum of 2 tour instances per week. To prevent abuse, each guide is restricted to one free-tier account. Identity or phone verification may be required.
- Professional Guides: Flat fee of €2.00 per trip instance. Automatically awarded the Certified badge. Unlimited tours and instances.
- Tour Companies: Flat fee of €2.00 per trip instance. Automatically awarded the Certified badge for their guides. Unlimited tours, guides, and instances.
Billing is processed on a monthly cycle. Invoice delivery will be sent to the registered email address. VAT will be added where applicable. Failed payments will result in suspension of tour listings until the balance is cleared.
4. Attendance & Integrity Rules
Guides must log into their dashboard and mark Traveler attendance within 24 hours of completing a tour instance. Marking fake attendance, self-booking, registering ghost tours, or managing duplicate accounts to evade flat-fee billing is strictly prohibited and constitutes attendance fraud. Platform audits, traveler reports, and timestamp tracking are used to verify attendance integrity.
5. Power to audit
Upon prior written notice from FairWalks within a reasonable period of time and not less than 72 hours, the Supplier shall allow audits to be carried out to ensure compliance with the provisions of this Data Controller Agreement and the Applicable Regulations. The Supplier shall bear the cost of the aforementioned audits when they establish non-compliance with the security measures set out in Clause 5 of this processor contract.
Privacy Policy (GDPR)
Your privacy is of the utmost importance to us. This Privacy Policy describes how FairWalks collects, uses, and safeguards your personal data in compliance with the General Data Protection Regulation (GDPR).
1. Data Controller
The data controller responsible for processing your personal data on this platform is FairWalks. Email: support@fairwalks.com.
2. Legal Bases for Processing
We process your data under the following legal bases of the GDPR:
- Consent (Art. 6(1)(a) GDPR): When you consent to non-essential cookies, newsletters, or location access.
- Contractual Performance (Art. 6(1)(b) GDPR): Necessary for account creation, processing tour bookings, facilitating contact between traveler and guide, and billing.
- Legitimate Interests (Art. 6(1)(f) GDPR): For security, fraud prevention (such as duplicate account detection and attendance verification), and website optimization.
3. Data We Collect
We collect and process the following information:
- Account details: Name, email address, cryptographically hashed password, phone number, and profile picture.
- Booking details: Tour selection, date, time, number of travelers, and communication records between traveler and guide.
- Technical data: IP address, device type, browser settings, operating system, and analytical usage statistics.
4. Data Retention
- Account Data: Retained for as long as your account is active or until you request its deletion.
- Booking and Financial Data: Retained for 5 years to comply with statutory commercial and tax records retention periods.
- Technical Log Data: Cleared or anonymized within 30 days.
5. Your Rights
Under the GDPR, you have the following rights:
- Access: The right to request copies of your personal data.
- Rectification: The right to request correction of inaccurate data.
- Erasure: The right to request deletion of your personal data (subject to tax/legal retention obligations).
- Portability: The right to transfer your data to another service provider.
- Objection: The right to object to our legitimate interest data processing.
To exercise your rights or request account and data deletion, contact us at: support@fairwalks.com.
Community Rules
FairWalks aims to foster a respectful, honest, and high-quality community of travelers, guides, and tour companies. All members are expected to adhere to these rules.
1. Traveler Rules
- Punctuality: Arrive at the designated meeting point at least 10 minutes before the tour starts.
- Cancellation Courtesies: If you cannot attend a tour, cancel the booking immediately through your dashboard so the guide is not left waiting.
- Respectful Interaction: Treat guides and other travelers with respect and courtesy. Harassment, discrimination, or abusive language will result in immediate bans.
2. Guide Rules
- Reliability: Only list tours you intend to lead. Avoid cancelling tours unless it is absolutely necessary.
- Accuracy: Describe your tour honestly. Do not make false claims about certifications, licenses, or tour inclusions.
- Safe Conduct: Ensure that tours are conducted safely. Guides must not engage in harassment, solicit tipping aggressively, or expose travelers to hazardous situations.
- Attendance Accuracy: Accurately report attendance data. Failing to do so hurts the community's trust and violates platform agreements.
Contact Info
Email: support@fairwalks.com
Website: www.fairwalks.com