Accommodation: Any accommodation rentals offered on Spotseeker’s website such as but not limited to hotels, guest houses, bed and breakfasts, villas and apartments.

Account: The page dedicated to a specific service provider where all his products and listings are set out by the Agent. The service provider does not have a back office as such on the website.

Agent: The Agent is the company responsible for selling the property, the product or the services. In this instance the Agent is Sport Life Ltd.

Cars: Any car, truck, SUV, pick-up truck listed on Spotseeker’s website as available to rent.

Commission: is the amount due by the Service Provider to the Agent in consideration of the latter’s services and is of 15% of the booking amount (would it not be better to use the term “Unified Basket”, which is defined?) plus VAT thereon.

Equipment rentals: Any sport equipment that is available to rent on the Spotseeker website such as but not limited to kitesurf boards and kites, windsurf boards and sails, surfboards and SUP boards and paddles.

Gender clause: Wherever used herein, a pronoun in the masculine gender shall be considered as including the feminine gender unless the context clearly indicates otherwise.

Listings: Refers to any offer for rental of Accommodation, Cars, Services, Products or Tuitions listed by the Agent on the Spotseeker website.

Service provider: Anyone advertised on the platform as a provider of rental of Accommodation, Cars, Services, Products or Tuitions.

Spotseeker: is the brand name of the Agent and refers to Sport life ltd.

SUP: Refers to the sport of Stand Up Paddling.

The Platform: Refers to the Spotseeker website.

Tuition: Any sport lessons or tuitions available on the Spotseeker’s website such as but not limited to kitesurf lessons, windsurf lessons or surf and SUP lessons.

Premises: Those of Service Providers according to the booking.

User: refers to anyone who browses the Spotseeker’s website with or without the intention to book one or more product(s) and/or service(s).

VAT: Refers to the Value Added Tax applicable at the prescribed rate at the date on which the service will have been provided.

Website: Refers to the Spotseeker website.

Unified Basket: Is the “Booking resume”, it puts together all elements of the booking including the services and products booked, the special requests, and the price or the as from price for each items and the total price or total price estimation of the booking.

Spotseeker takes a 50% down payment of the total cost of the holiday booking from Users at the moment of the booking confirmation by the Agent. The booking will be confirmed only when the User will have paid the 50% deposit. The remaining 50 % is payable at the latest 60 days before the commencement of the period booked. As from 60 days before the period booked, 100 % of the booking is payable to reconfirm the booking. If the full payment of the booking is not received 60 days before the commencement date of the period booked, a written or email notice will be sent to the User. If the payment is not received 48 h after the notice has been issued, Spotseeker reserves the right to cancel the booking. In this case normal cancellation fees will apply.

If for some reason the booked accommodation is no longer usable or fit for rental, Spotseeker will first offer alternative rentals that fit the previous booking criteria or refund 100% of the booking amount to the User at the Agent’s option.Booking payments are to be made net of bank or any other transfer fees or charges.

If the Booking is cancelled before the commencement date of the period booked situated between the 16th of January and the 14th of December:

  • 90 days and more before the arrival date, no cancellation fee applies.
  • 89 to 60 days before the arrival date, 50% of cancellation fee applies.
  • Less than 60 days before the arrival date, 100% of cancellation fee applies.

 

If the Booking is cancelled before the commencement date of the period booked situated between the 15th of December and the 15th of January:

  • 90 days and more before the arrival date, 10% of cancellation fee applies.
  • 89 to 60 days before the arrival date, 50% of cancellation fee applies.
  • Less than 60 days before the arrival date, 100% of cancellation fee applies.

3.1 Extenuating Circumstances for Service Provider Cancellations

In the rare instances where extenuating circumstances arise, a Service Provider may need to cancel a confirmed booking. In such cases, the Agent may elect to forgo the cancellation penalties outlined in our the Terms of Service in section

3.4.3.1 For Users

Such cases will be contingent on proper documentation, where valid, and include:

  • Death in the family
  • Serious illness or serious illness in the family
  • Natural disaster in the country
  • Political unrest in the country
  • Property damage
  • Maintenance issues that affect the ability to host or provide the service

3.2 Extenuating Circumstances for User Cancellations

In the rare instances where extenuating circumstances arise, a User may need to cancel a confirmed booking. In this instance, Spotseeker may override the User’s cancellation policy (flexible, moderate, strict) and make refund decisions. Such cases will be contingent on proper documentation, where valid, and include:

  • There’s a death in the User’s family
  • The User has a serious illness or there’s a serious illness in their family
  • There’s a natural disaster in the destination country
  • There’s political unrest in the destination country
  • The User has jury duty or other similar civil obligations

3.3 User Refund Policy

If you the User experiences a travel issue that prevents you him from being able to complete a trip with Spotseeker, our 3.4 User Refund policy terms may apply in certain circumstances.

3.3.1 ELIGIBLE TRAVEL ISSUES

Situations that may be eligible for a refund under this policy generally fall into one of three categories:

  • The Service Provider fails to provide reasonable access to the booked listing.
  • The listing booked is misrepresented (ex: number of bedrooms, location, lacks promised amenities).
  • The listing isn’t generally clean, is unsafe, or there’s an animal in the listing that wasn’t disclosed prior to booking.

Spotseeker will either provide you the User with a refund or use reasonable efforts to find and book you the User at another comparable accommodation for any unused nights left in your his booking. The amount of any refund will depend on the nature of the travel Issue suffered.

3.3.2 SUBMIT A VALID CLAIM FOR A REFUND

To submit a valid claim for his booking the User is required to:
Contact us Spotseeker within 24h of Check In time according to his booking to document the issue;

  • Include photographs and/or other evidences as part of your his claim;
  • Be responsive to Spotseeker’s request for more information and cooperation;
  • Must not have directly or indirectly caused the travel issue;
  • You The User must have used reasonable efforts to resolve the Travel Issue with  the Service Provider prior to lodging a claim for a Travel Issue;
  • Refer to the “User Refund policy terms” for more details, including more information about what qualifies as a Travel Issue.

3.4 User Refund policy terms

These terms and conditions govern:

  • The Spotseeker User Refund Policy (the “User Refund Policy”) available to User who book and pay for an Accommodation or another product listed by a Service Provider through the Spotseeker website and who suffers a Travel Issue;
  • and the obligations of the Service Provider associated with the User Refund Policy.
3.4.1 TRAVEL ISSUE:

A travel issue can mean any of the following:

  • The Service Provider cancels a reservation under paragraph 3.1 above before the scheduled start of the reservation.
  • The Service Provider has not given a reasonable ability to the User to access the accommodation or product or services (e.g., by not providing the keys and/or a security code).
  • The description of the listing on the site is materially inaccurate in respect with:
    1. The number and/or size of bedrooms, kitchen, bathrooms, any other rooms and quality of products.
    2. Whether the booking has been made for a private or shared room and this condition is not respected.
  • Special amenities or features represented in the listing description are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems.
  • The physical location of the accommodation (proximity) or of the Service Provider.
  • At the start of the User’s period of booking, the accommodation is not generally clean and sanitary.
  • It contains safety or health hazards that would be reasonably expected in Spotseeker’s judjement to adversely affect the guest’s stay at the accommodation.
  • It does not contain clean bedding and bathroom towels available for the User’s use, or has vermin or contains pets not disclosed on the listing.
3.4.2 USER’S REFUND POLICIES:

If a User suffers a travel issue, Spotseeker would agree, at its discretion. Either:

  • Use our reasonable efforts to suggest an alternative accommodation for the nights left on the booking or product or service that is reasonably comparable to the accommodation, product or service described in the original booking.  The suggested accommodation, product or service should be reasonably similar the original booking in terms of accommodation size, number of rooms, features offered, quality and functionality’.
  • Or, depending on the nature of the “Travel Issue”, to reimburse the User up to the full amount paid on the web site.

All determinations of Spotseeker with respect to the User Refund Policy, including without limitation the amount of any refund, shall be final and binding on the Users and the Service Providers.

3.4.3 CANCELLATION POLICIES
3.4.3.1 FOR USERS:

If the Booking is cancelled before the  commencement date of the period booked, situated  between the 16/01 and the 14/12:

  • 90 days and more before the arrival date, no cancellation fee applies.
  • 89 to 60 days before the arrival date, 50% of cancellation fee applies.
  • Less than 60 days before the arrival date, 100% of cancellation fee applies.

 

If the Booking is cancelled before the booking commencement date of the period booked, situated between the 15/12 and the 15/01:

  • 90 days and more before the arrival date, 10% of cancellation fee applies.
  • 89 to 60 days before the arrival date, 50% of cancellation fee applies.
  • Less than 60 days before the arrival date, 100% of cancellation fee applies.

 

If for some reason the booked accommodation is no longer usable or fit for rental, Spotseeker will offer three different possibilities, at the Agent’s option:

  1. Another rental that fit the previous booking criteria
  2. Issue a gift voucher for the same value as the booking amount, usable on Spotseeker for any product.
  3. Refund 100% of the booking amount less associated bank and transfer fees to the User as the Agent’s option.

 

3.4.3.2 FOR SERVICE PROVIDERS:

If the booking is cancelled by the Service Provider before the booking commencement date, the Service Provider must reimburse to the Agent the totality of the amount paid to the Service Provider at the time of the cancellation. All fees and charges related to the reimbursement to the Agent by the Service Provider are to be paid by the Service provider.

4.1 Of Spotseeker

  • Pay a 50% deposit to the Service Provider within 5 working days following the booking confirmation if booking is made 60 days or more prior to the booking commencement date.
  • Pay  100% deposit to the Service Provider within 5 working days following the booking confirmation if booking is made less than 60 days prior to the booking commencement date.
  • All payments to Service providers will be net of Spotseeker’s commissions.
    Being a general point of contact for the User during his booking period.

4.2 Of the Users

  • Refrain from causing any noise or nuisance that in anyway disturb the quiet and peaceful occupation enjoyed by the neighbours of the premises.
  • Not to do or to omit to do anything that could damage the premises or render any insurance policy in respect with the premises void or voidable.
  • Allow the property manager or owner to enter the premises, at any reasonable time, to inspect the same in order to view the condition thereof or to effect repairs thereof.
  • Keep the premises in good condition and working order during the length of his stay.
  • Inform the owner or the property manager or Spotseeker if there is anything that is broken in the premises and that needs to be fixed.
  • Notify the owner or the complex manager or Spotseeker within 48 hours of his booking commencement date of any defects or broken items in the premises. Beyond that time limit, the User is deemed to have acknowledged that the premises have been received in good order and condition.
  • Make good of any breakages or damages caused directly or indirectly to the premises, thus accepting to pay for repair costs, excessive cleaning costs or loss of keys.
  • Not to make duplicate of any keys of the premises. And at the end of the stay, to deliver all original and duplicate keys if any back to the property manager or owner.
  • Not to use the property for any other purpose than regular rental accommodation. Any other alternative usage, such as event or reception venue or as a film location or for a wedding, will have to be agreed upon in writing by Spotseeker prior to arrival.
  • Inform the property manager or owner of any additional day guests and assume full responsibility for their behaviour in the premises.
  • Respect and abide by the rules and regulations of the complex, hotel, guest house, villa or any other premises rented.

4.3 Of the Service Providers

  • Not to advertise a property or product or service that does not exist.
  • Everything advertised on the Spotseeker website must be true in terms of quantity and quality to the real property, product or service.
  • Service Providers must make sure that Users who have booked a property, a service or a product have easy access and full usage ability to the same during the booking period as advertised on the website.
  • The premises, products or services rented must be in perfect running order, clean and in good condition and as advertised on the website.
  • Premises, products or services rented must be up to date with any rules and regulations in force at the moment of the booking.
  • Service Providers must make sure that the premises, products or services rented are safe and must also make sure that the User is in adequate shape, has the required skills level and is informed of any potential dangers before renting out any equipment or giving tuitions.

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