Terms for guides
TERMS FOR GUIDES
This document describes the relationship between you as a Guide and us as the Company regarding the use of the Platform, including the registration for the Guide on the Platform, concluding an Agreement with the Company, and the content thereof.
With regard to the General Terms and Conditions of the Platform use by Guides, this document supplements the User Agreement and other documents published at https://alle.travel/.
If you are a Guide and intend to use the Platform, you should accept this document and comply with the requirements hereof, otherwise you should abstain from using the Platform.
The Company may change this document from time to time, which will result in amendment of the Agreement concluded between the Guide and the Company. Due to the foregoing, if you are a Guide, you should regularly check the current version of this document.
Should you have any questions regarding the content of this document, please contact the Company by e-mail at hi@alle.travel.
Hope you will enjoy using our Platform and will find it useful.
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GLOSSARY
1.1. Terms shall mean this document containing the rules of concluding the Agreement and the provisions hereof.
1.2. Agreement shall mean an agreement concluded between the Company and a Guide based on the Terms.
1.3. Company shall mean OÜ Travel Nerd, registry code 16388532, registered in accordance with the legislation of the Republic of Estonia at: Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 3 // 5 // 7, 10145, and being the Platform owner.
1.4. Guide shall mean a person or entity providing or intending to provide Travel Services to Travellers.
1.5. Remuneration shall mean remuneration that the Company receives from the Guide under the Agreement.
1.6. Traveller shall mean a person who concluded or intends to conclude an agreement with a Guide regarding the provision of a Travel Service.
1.7. Platform shall mean software placed as a website at https://alle.travel/ and [Alle Travel] mobile application (if any) and providing the following functions or a part thereof:
(a) For Guides: publish information about themselves and Travel Services, conclude agreements regarding the provision of a Travel Service, settle obligations for provision of Travel Services, and communicate with a Traveller.
(b) For Travellers: view information about Guides and Travel Services, conclude agreements regarding the provision of a Travel Service, settle obligations for provision of Travel Services, and communicate with a Guide.
1.8. Account shall mean the Platform's part containing the information about the Guide and the interface for the Guide to use the Platform.
1.9. Travel Service shall mean an excursion, guided tour, master class or other activity arranged by the Guide and being the subject of an agreement between the Traveller and the Guide.
1.10. User Agreement shall mean General Terms and Conditions of using the Platform published at https://alle.travel/en/pages/alle-terms-of-use.
Other terms are also defined hereinafter.
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SUBJECT OF THE AGREEMENT
2.1. The Company shall grant the Guide the right to use the Platform and, to the extent provided for in the Terms, shall also take a number of actual actions on behalf of the Guide, and the Guide undertakes to comply with the General Terms and Conditions contained in the User Agreement, in the Terms, and other documents published at https://alle.travel/, and to pay Remuneration to the Company.
2.2. The Agreement includes the elements of:
(a) the license agreement in respect of the right to use the Platform granted by the Company to the Guide.
(b) the agency agreement in respect of a number of actual actions taken by the Company in the interests of the Guide.
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REGISTRATION OF THE GUIDE ON THE PLATFORM. CONCLUSION OF THE AGREEMENT
3.1. To register on the Platform, the Guide shall, using the form placed on the registration page, send the Company the information and documents provided for by such form.
Such information may include, inter alia:
the Guide's tax/registration number;
information on whether the Guide is a VAT payer;
legal address;
information on the director or other person having the right to act on behalf of the Guide without a power of attorney;
bank details;
contact information (actual address, mailing address, e-mail address, phone number);
means of individualization (trademark, trade name, logo);
if applicable, information on special licenses and permissions necessary for the provision of services and confirming the compliance of the Guide's activities with the legislation;
documents confirming the availability of insurance coverage, guarantee or other means of securing the Guide's obligations, if they are required by virtue of the current legislation.
3.2. The Company shall have the right to request additional information and documents from the Guide or suggest taking actions that identify the person who has sent information to the Company as the Guide (e.g., making a test payment).
3.3. If the Guide sends the Company all the information and documents specified in clauses 3.1 and 3.2 above and/or takes the actions suggested by the Company, it shall be treated as the Guide's proposal to the Company to conclude the Agreement based on the Terms.
3.4. If the Company sends the Guide a notification of registration on the Platform, it shall be treated as acceptance of the Guide's offer by the Company, and the Agreement shall be deemed concluded.
3.5. The information and documents provided by the Guide to the Company shall be accurate and credible.
The Company shall have the right to verify the credibility of the information specified by the Guide during registration and the documents provided. At the same time, nothing in this Agreement shall be interpreted as the Company's obligation to verify the credibility of such information either to the Guide or to any third parties.
If, upon the Guide registration on the Platform, the Company has reasonable doubts regarding the credibility of the information and documents provided by the Guide, the Company shall have the right to suspend the Guide's access to the Platform or its certain functions, including blocking the Account and/or suspending the publication of information about the Guide's Travel Services, and/or suspend the Guide's page publication for the period of verification of such information.
For the purpose of eliminating the doubts, the Company shall have the right to request additional information and/or documents from the Guide and/or propose that the Guide should take certain actions.
If the Guide fails to provide such additional information and/or documents or to take the proposed actions within [three (3)] days from the Company's request, as well as in case the documents and/or information provided have not eliminated the Company's doubts or are also unreliable, the Company shall have the right to terminate the Agreement unilaterally.
3.6. Simultaneously with the registration on the Platform, the following will be created:
(a) The Guide's page on the Platform containing the Guide's legal information provided thereby during the registration.
(b) The Guide's Account.
Each Guide may have only one Account.
The Guide's Account shall be accessed using a login and a password created by the Guide.
The Guide shall keep the Account login and password confidential. In case of breach of such confidentiality, the Guide shall immediately notify the Company thereof. For the period from receipt of such notification until the login and the password are changed, the Guide's Account shall be blocked.
3.7. Any additional terms and conditions of the Account registration shall apply based on the content of the User Agreement.
3.8. Actions taken through the Account shall be treated as actions of the Guide.
3.9. The registration of the Guide on the Platform may be carried out by the Company on behalf of and at the request of the Guide. Such request may be given by the Guide to the Company in any written form, including by sending a scanned copy of the signed document. In this case, the Company transmits or otherwise enters the information provided by the Guide on the Platform, and the Agreement shall be deemed concluded at the moment specified in clause 3.4 hereof.
This clause shall apply without prejudice to the Guide’s obligations and responsibilities set out in clauses 3.2-3.8 of the Terms.
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LICENSE AGREEMENT
4.1. The Company grants the Guide the right to use the Platform under the following terms and conditions:
license type: non-exclusive;
territory: worldwide;
term: during the term of the Agreement;
ways of use: the use of the Platform's functional capabilities through the Account for the purpose of provision of Travel Services under the terms and conditions described in the User Agreement, the Terms, and other documents published at https://alle.travel/.
4.2. The Guide shall not:
(a) Grant the right to use the Platform or access thereto to any third parties without the Company's prior written consent.
(b) Reverse engineer or decompile the Platform or change it in any way (regardless of whether such changes are aimed at the Platform adaptation), as well as study, research or test the functioning of the Platform in order to determine the ideas and principals forming the basis for the Platform or its certain elements.
(c) Use the Platform's undocumented functions (capabilities) or otherwise use the Platform, if such use is inconsistent with its designation.
(d) Use the Platform otherwise than through its original interface, unless a different way of using the Platform is offered or approved by the Country.
(e) Take actions, unintentionally or intentionally, that might interrupt normal functioning of the Platform.
(f) Impersonate another person to whom the Guide bears no relation, in particular, impersonate an employee of the Company.
(g) Use "bots" or other external software without the Company's approval for the purpose of interaction with the Platform and its functions, for analysis and gathering of information about the Platform and its users.
(h) Apply the Platform's functions for the purpose of storage, downloading, distribution, transfer, publication or use of malware, spyware and/or ransomware, inter alia.
(i) Use the Platform for spam, mass and/or automatic distribution and/or publication of advertisements or other publications intended for the attention of other users of the Platform, unless their and the Company's consent thereto was obtained.
(j) Use the Platform's functions, including with the involvement of other users and applying special software, for the purpose of artificial change of the Platform's traffic or for the users to take certain actions through the Platform's functions and interface, including for the Platform users to take mass same-type actions.
(k) Violate the rights of any third parties, do any kind of harm or damage to them or violate statutory provisions.
(l) Facilitate any actions aimed at violation (circumvention) of the restrictions and prohibitions imposed by the Terms.
4.3. The Platform is provided to the Guide "as is".
The Company shall not be held liable for the Platform trouble-free operation or possible errors in its operation, however, it will make reasonable and available efforts to eliminate any failures and correct any emerging errors.
For the period until the failures or errors are eliminated, it is recommended that the Guide should abstain from using the Platform or a part thereof in which the failure or the error emerged.
4.4. To the extent permitted by the applicable legislation, the Company shall have the right to impose and apply, at its own discretion, restrictions related to the use of the Platform, including those related to the scope of the information stored, published and/or transferred by the Company, the Guide, and a Traveller; the term of the information storage by the Company; the number of the Platform's function calls during a certain time; the time period when the Platform is available for the Guide or the Traveller; the possibility of automatic (using aggregators, "bots" or other external informational systems or software) calls of all or some functions of the Platform.
4.5. The Company shall have the right (but is not obliged) to change (including supplementing and reducing) the functions, architecture, and content of the Platform and any objects included therein, at any time and at its own discretion, without prior notice to or consent of the Guide, including making any corrections, changes, improvements, and enhancements of the Platform's functions, as well as to post on or distribute through the Platform the advertising of any nature to the extent permitted by the legislation.
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AGENCY AGREEMENT
5.1. The Guide as the principal instructs the Company as the agent to perform the following (hereinafter referred to as the Assignment):
(a) accept wire transfer payments for Travel Services from Travellers and transfer them to the Guide under the provisions of this section of the Terms; and/or
(b) whenever requested by Travellers, refund to them the payments received by the Company for Travel Services, if an agreement between the Guide and a Traveller is terminated before providing a Travel Service in the cases, in the manner and within the terms stipulated by the Travel Service agreement and applicable law.
5.2. The Company shall fulfill the Assignment referred to in clause 5.1(a) hereof in cases where:
(a) the Traveller, under the terms of the agreement between the Traveller and the Guide, pays the Company for the Travel Service; and
(b) the Company is technically able to accept wire transfer payment from the Traveller.
5.3. The Company shall fulfill the Assignment referred to in clause 5.1(b) hereof in cases where the Traveller's refund request with respect to the Travel Service also meets the following criteria:
(a) it concerns the price of services that was previously transferred by the Traveller to the Company;
(b) it was sent to the Company before the Travel Service provision or after the date of a Travel Service which, to the Company's knowledge, has not been provided;
(c) it is substantiated by the termination of the agreement between the Guide and the Traveller on the Travel Service provision; and
(d) refund to the Traveller in such a case is not prohibited by the Travel Service agreement and applicable law.
If the above criteria are met, the Company shall unconditionally refund the price of the Travel Service to the Traveller. In this context, the Company shall not be obliged to verify the credibility of the information provided by the Traveller to the Company or obtain the Guide's approval for the refund of the Travel Service price or act as an arbitrator in a dispute between the Guide and the Traveller regarding the validity of the Traveller's claims.
5.4. All money received by the Company from Travellers shall be transferred to the Guide before the [tenth (10th)] day of the month following the month in which the money was received from a Traveller or within [three (3)] days from the date of the Travel Service provision, whichever occurs later.
5.5. When transferring the money to the Guide, the Company shall have the right to withhold its Remuneration from the transferred amount, along with the expenses incurred by the Company when fulfilling the Assignment, and any fines, losses or penalties as may be charged to the Guide, as well as any amounts payable to the Company, including due to performance of obligations or indemnification.
5.6. The information on fulfillment of the Assignment shall be shown in the Account and be treated as a report of the Company as the agent to the Guide as the principal. If the Guide does not object to the Company's report within [one (1)] day of its publication in the Account, the report will be considered correct and accepted by the Guide.
If the Guide's objections to the report are received, the parties shall proceed to resolve such objections. Until the Guide's objections are duly resolved, the Company shall have the right to suspend the payment of Remuneration to the Guide, to the extent of the disputed portion, along with the future fulfillment of the Assignment.
5.7. When fulfilling the Assignment, the Company shall under no circumstances become a party to any Travel Service agreement between the Guide and the Traveller and shall not be liable to the Guide or the Traveller for the performance of such agreement by the other party.
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OBLIGATIONS OF THE GUIDE
Posting the Information about Travel Services
6.1. The Guide shall independently enter information about a Travel Service through the Account, and the Company shall have the right to publish such information on the Platform. Such information may be posted in the form of a tour page or another publication about the Travel Service, including, without limitation, text and images.
6.2. During the entire period before providing the Travel Service, the information about the Travel Service shall be up-to-date, credible and comply with:
the requirements of the applicable legislation;
the User Agreement; and
the Travel Service description requirements and formalization.
6.3. When posting the Travel Service information, the Guide may not:
(a) include in the Travel Service publication any contact information allowing the Traveller to conclude an agreement with the Guide for the provision of the Travel Services other than through the Platform;
(b) set the Travel Service price in the publication higher than the price offered by the Guide to Travellers when concluding the Travel Service agreement off the Platform;
(c) post or maintain any information about the Travel Services that the Guide cannot or may not provide either in general or in accordance with the Travel Service description posted by the Guide;
(d) post information about several Travel Services in one publication;
(e) include in the publication any offers for the provision of any services not related to the Travel Service;
(f) include in the publication any information or objects the rights to which are held by any third parties without their consent; and/or
(g) include any advertising in the publication.
6.4. The Company shall have the right to verify the correctness of the Travel Service information posted by the Guide. The provisions of this clause may not be treated as the Company's obligation to verify such information, except where this follows from the law or other documents of the Company.
6.5. For the purpose of verifying the compliance of the Travel Service information posted by the Guide, the Company shall have the right to request, and the Guide shall provide the Company with the data and documents confirming the information posted as well as the possibility and legal grounds for rendering the Travel Service.
6.6 In the event of violation of clauses 6.1-6.4 above, the Company shall have the right, at its option:
(a) not to post the Travel Service information on the Platform; or
(b) delete the Travel Service information already posted on the Platform.
6.7. The Company shall independently determine the Platform section where the Travel Service information will be published and the position of the Travel Service publication in the search results, based on the algorithms used on the Platform. Nothing in these Terms shall constitute the Company's obligation to publish the Travel Service information in a specific section of the Platform or in a specific position.
6.8. Unless otherwise stated, it is assumed that the information provided by the Guide on the Platform will be posted by the Company as it is. The Company shall have the right to independently make changes to the posted Travel Service information as may be required to bring it into line with these Terms. The Company shall not be liable for such changes, provided that they do not affect the essence of the information.
6.9. The Company shall have the right to offer discounts to Travellers of up to [10%] of the Service price indicated by the Guide on behalf and at the expense of the Guide, thereby changing the price of the Travel Service provision by the Guide, and the Guide agrees to this.
6.10. The Company reserves the right to deny publication of the Travel Service information to the Guide.
6.11. The Company shall have the right to store and/or display the information about the provided/cancelled Travel Services on the Platform.
6.12. The Company may publish information about the Travel Services on the Platform on behalf of and at the request of the Guide. Such a request may be sent by the Guide to the Company in any written form, including by sending a scanned copy of the signed document. In this case, the Company will place on the Platform the information provided by the Guide about the Travel Services in the form of publications.
This clause shall apply without prejudice to the Guide’s obligations and responsibilities set out in clauses 6.2-6.8 of the Terms.
Interaction with Travellers
6.13. In the course of interaction with a Traveller through the Platform, the Guide shall:
(a) promptly, but in any case, no later than [three (3) hours] after receipt (no later than 15 minutes in case there are less than 3 hours left before the start of the Travel Service), respond to inquiries from Travellers (including confirming/rejecting a Traveller’s order, changing the Traveller’s order, making the Travel Service reservation, answering Travellers’ questions etc.);
(b) properly perform the Travel Service agreement between the Guide and the Traveller;
(c) comply with the requirements of the applicable law when interacting with Travellers and performing Travel Service agreements concluded with them;
(d) if applicable, obtain necessary licenses and permits as may be required to provide a Travel Service, and comply with the requirements of the law and business practices to ensure the Travellers' health and life safety and the safety of their property;
(e) immediately suspend the Travel Service booking opportunity if the Guide has lost its actual or legal ability to provide the Travel Services or will lose such ability by the time the Travel Service is to be provided;
(f) comply with the User Agreement;
(g) comply with the terms of the Refund Policy published at https://alle.travel/en/pages/alle-refund-policy;
(h) comply with the requirements of any other regulations posted on the website https://alle.travel/; and
(i) notify Travellers in advance of any changes to the Travel Service conditions or the terms of the Travel Service agreement concluded with Travellers if the named changes are permitted by such agreement or the applicable law.
6.14. In the event of the Guide's violation of clause 6.12 above, the Company shall have the right to unilaterally terminate this Agreement.
6.15. The Company shall have the right to suspend or terminate the posting of information about Travel Services on the Platform if, during the last [thirty (30)] days, the Guide has cancelled Travellers' bookings for Travel Services more than [three (3)] times.
6.16. For the purpose of monitoring the performance of the Agreement and fulfilling its own obligations to Travellers, the Company shall have the right to access the correspondence between the Guide and a Traveller conducted through the Platform, including viewing, processing, and storing the same, and the Guide consents to allowing such access.
6.17. The Guide shall immediately inform the Company of any incidents that may in any away affect the life, health or property of the Traveller during the Travel Service. Notwithstanding the foregoing, the Guide shall independently interact with the rescue services and law enforcement agencies in handling any such incidents. No involvement of the Company may be treated as assuming any obligations to the Guide or the Traveller for managing such incidents.
Interaction with the Company
6.18. In the course of interaction with a Traveller through the Platform, the Guide shall:
(a) respond to the Company’s requests within [three (3) hours] after they were received in the Account;
(b) immediately and in advance notify the Company of any changes to the information and documents provided by the Guide upon registration on the Platform and conclusion of the Agreement or when posting information about Travel Services, and make the appropriate changes in the Account or Travel Service publications;
(c) comply with the User Agreement and the requirements of other documents posted on the website https://alle.travel/;
(d) via the Account, provide the Company with the information about the provided Travel Services, any cancelled Travel Services, any change of the Travel Service parameters, performance/change/termination of Travel Service agreements, within [one (1)] day after their provision/cancellation/parameter change; and
(e) if the applicable legislation provides for the Guide's obligation to have confirmation of coverage of expenses related to the Guide's activities (liability insurance, guarantees, other security), provide the Company with the relevant confirmation in advance and also notify the Company of the termination of such security.
6.19. To the extent permitted by the applicable legislation, the Company shall have the right to send the Guide transactional messages by any means.
6.20. The Guide is obliged to keep confidentiality of information received in connection with the performance of the Agreement, and/or from the Company and/or the Traveller.
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REMUNERATION
7.1. The Guide shall pay the Company a Remuneration for granting the Guide the right to use the Platform and for the Assignment’s fulfillment by the Company.
7.2. The amount of the Remuneration shall be determined as a percentage of the price of each agreement that will be or was concluded between the Guide and the Traveller for the Travel Service provision as a result of the Guide’s confirmation of the Traveller’s order received through the Platform.
7.3. The actual amount of the Remuneration shall be calculated by the Company at the time the Traveller sends the order to the Guide through the Platform and shall be communicated to the Guide in the Account.
7.4. The Guide’s confirmation of the Traveller’s order (booking of the Travel Service) shall simultaneously constitute the Guide’s consent to the amount of the Remuneration.
7.5. The amount of accrued and paid Remuneration shall be reflected in the Account. The Guide shall regularly monitor information on the amount of the Remuneration accrued to the Company.
7.6. If the Guide’s objections to the amount of the accrued Remuneration are not received by the Company within [one (1)] day after their publication in the Account, the Guide shall be considered to have agreed to the amount of the accrued Remuneration.
7.7. The Guide's obligation to pay the Remuneration to the Company shall be fulfilled at the Company's discretion:
(a) by the Company withholding the Remuneration from the amount of funds transferred by the Company to the Guide, which are at the disposal of the Company in connection with the fulfillment of the Assignment; or
(b) by the Guide wire transferring the amount of the Company's Remuneration before the [tenth (10th)] day of the month following the month being paid for.
7.8. The Guide's obligation to pay the accrued Remuneration to the Company shall arise at the moment of fulfillment of the condition in clause 7.4 of the Terms and shall therefore remain regardless of whether the cost of providing the Travel Service has been actually paid by the Traveller, whether the Travel Service has been performed, and whether the agreement for the Travel Service provision has been fulfilled.
7.9. Before the [tenth (10th)] day of each month following the reporting month, the Company shall send the Guide a report in which it records information on the Travel Services and Remuneration for the previous month. Such report may be provided to the Guide in any of the ways specified in clause 12.5 hereof.
The guide shall check this report within [three (3)] days from the date of its receipt and, if there are reasoned objections to the content of the report, inform the Company about them. In this case, the Guide’s objections shall be taken into account if they have not been withdrawn in accordance with clauses 5.6, 7.6 of the Terms.
In the absence of the objections specified in this clause, the report shall be considered approved by the Guide, and the information specified in the report shall be recognized by the Guide as correct.
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INTELLECTUAL PROPERTY
8.1. Exclusive rights to the Platform, including the software, images, audiovisual, literary, and other works included therein, shall belong to the Company.
8.2. The Guide shall have the right to use the Platform, as well as the results of intellectual activity published on it, belonging to the Company, only in the ways directly related to the Platform's functions determined by the Company.
8.3. The use of the Platform and other results of intellectual activity belonging to the Company, outside the ways related to the normal functions of the Platform, shall only be possible with the specific prior written permission of the Company or with the consent of the relevant copyright holder.
8.4. The Guide shall independently verify the legality of the intellectual property objects used through the Platform (including those published on the Platform and/or downloaded using the Platform) and shall be solely responsible for the violation of intellectual rights.
8.5. The Guide shall preserve and refrain from unauthorized changes or deletions of copyright information, authors' names, except where this leads to the violation of applicable legislation by the Guide.
8.6. Nothing in the Terms may be interpreted as granting the right to use the means of individualisation or domain names the rights to which are held by the Company. The use of such objects shall only be possible with the separate prior written consent of the Company.
8.7. Nothing in the Terms may be interpreted as alienation (transfer in full) of the Company's exclusive rights to any intellectual property objects.
8.8. By publishing on the Platform or transferring via the Platform, including in connection with the publication of information on the Travel Service, any intellectual property objects, the Guide thereby grants the Company a royalty-free non-exclusive worldwide license for the duration of the exclusive right to use such objects by any means (including by reproduction, distribution, communication to the public, processing and other means) to perform the Company’s activities via the Platform, and/or to promote and advertise the Platform on third party resources, and/or for other purposes consistent with the architecture and normal functioning of the Platform (both separately and in interaction with other Internet sites and software). The rights granted to the Company under this clause may be transferred or granted by the Company to third parties.
8.9. The Guide guarantees that he/she/it:
is and will be the sole copyright holder of the intellectual property objects specified in clause 8.8 of the Terms during the period of validity of the license specified clause 8.8 of the Terms; and
obtained all permits and consents from third parties necessary to fulfill clause 8.8 of the Terms.
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PERSONAL DATA
9.1. The Company's processing of the Guide's, Guide's representative's or other employee's personal data is governed by the Privacy Policy available at https://alle.travel/en/pages/alle-privacy-policy.
9.2. During the performance of the Agreement the Parties may access to information that includes personal data of the Parties’ representatives, employees and contact persons. The Parties shall process personal data of the specified data subjects as independent data controllers exclusively for interaction between the Parties, fulfilment of obligations, accounting, indication of personal data of the Guide's representatives and other employees on the Platform, ensuring quality assurance of the Guide's services, handling disputes and complaints of the Travellers, redirecting claims and performance of other obligations under the Agreement. The Parties shall ensure compliance of personal data processing to the applicable data protection legislation, including the General Data Protection Regulation ((EU) 2016/679).
9.3. Insofar the Company transfers the personal data to the Guide as an independent data controller located in a third country, such transfer is governed by EU SCCs incorporated into the Data Processing Addendum (Schedule 1 hereto) to the Agreement.
9.4. The Guide undertakes not to use the personal data of the Travellers and other participants of Travel Services received from the Company for the purposes related to the direct marketing, inclusion to their CRM-systems, and other purposes not directly related to the provision of the Service.
9.5. In the light of the Agreement, the Company may also process personal data on behalf of the Guide. In such case, the Data Processing Addendum (Schedule 1 hereto) to the Agreement applies.
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TERM OF AGREEMENT. TERMINATION
10.1. The Agreement is concluded for an indefinite term.
10.2. The Parties shall have the right to terminate the Agreement in the cases and in the ways stipulated by the applicable legislation or the Terms.
10.3. The Company shall have the right to unilaterally terminate the Agreement at any time in the event of repeated violation by the Guide of the Agreement, notifying the Guide of this no later than the day of termination.
In any case, the Company shall have the right to terminate the Agreement, at its own discretion, notifying the Guide of this at least thirty (30) days before the proposed termination, unless a shorter period follows from the law.
In the event of the Company's termination of the Agreement on the grounds provided for in the Terms or the law, the Company shall not be obliged to reimburse the Guide for any expenses or losses caused by such termination.
10.4. The Company's unilateral termination of the Agreement on the grounds provided for in the Terms or applicable legislation shall be performed by the Company notifying the Guide of such termination via the Account, the e-mail specified in the Account, express mail services, courier and/or any other available means.
10.5. The Company’s failure to exercise the right to unilateral termination of the Agreement granted to it by this section of the Terms may under no circumstances be interpreted as a waiver by the Company of such right.
10.6. The Guide may send the Company his/her/its objections to the unilateral termination to the address: [moderator's email address]. Such objections must be sent immediately upon receipt of the notice of termination.
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LIABILITY
11.1. The parties shall be liable for violation of the Agreement in accordance with the applicable legislation and the Terms.
11.2. The Guide shall be obliged to compensate the Company in full for all losses and expenses caused by the Guide’s violation of the Agreement.
11.3. For violation of his/her/its monetary obligations to the Company, the Guide shall be obliged to pay the Company a penalty in the amount of [0.1%] of the obligation amount for each day of delay.
11.4. In case of violation of the clauses 3.2-6.5 of the Terms by the Guide, the Guide shall be obliged to pay the Company a penalty in the amount of [amount] for each day of delay.
11.5. In the event of a violation by the Guide of any of the obligations provided for in this section 6 of the Terms, the Guide shall be obliged to pay the Company a fine in the amount of [amount].
11.6. In the event of a unilateral termination by the Guide of the agreement concluded with the Traveller to provide the Travel Service, the Guide shall be obliged to pay the Company a fine in the amount of [amount].
11.7. In the event of a breach by the Guide of any of the obligations or guarantees stipulated by section 8 of the Terms, the Guide shall be obliged to pay the Company a fine in the amount of [amount].
11.8. In the event of a violation by the Guide of any of the obligations or guarantees stipulated by clause 4.2 of the Terms, the Guide shall be obliged to pay the Company a fine in the amount of [amount].
11.9. In all cases, the Company shall be liable to the Guide for violation of the Terms or obligations arising from them only for intentional violations and only within the amount of the Remuneration for the month in which the violation was committed. In any case, the total liability of the Company under the Agreement shall be limited to the amount of EUR 1,000.
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FINAL PROVISIONS
12.1. The Agreement being concluded under the Terms shall be subject to the legislation of the Republic of Estonia. All disputes arising from the Agreement, including, but not limited to, those related to the performance, invalidity or termination thereof, shall be resolved in a competent court at the location of the Company.
12.2. Invalidity of part(s) of the Agreement shall not mean invalidity of the Agreement as a whole.
12.3. The Agreement shall supersede all previous agreements between the parties regarding the use of the Platform, including those expressed in correspondence between the parties. The Terms shall supplement the provisions of the User Agreement and, in the event of any contradictions, shall take precedence over it.
12.4. The Agreement may be amended by the Company unilaterally by publishing a new version of the Terms at [URL] or on another webpage (in another part of the interface) of the Platform. The new version of the Terms shall enter into force upon expiration of thirty (30) days after its publication and shall apply, among other things, to already concluded Agreements as their new version. By continuing to use the functionality of the Platform, the Guide thereby agrees to the new version of the Agreement, otherwise, he/she/it shall immediately stop using the functionality of the Platform.
12.5. The Company shall have the right to send legally significant messages to the Guide in any of the following ways, at the Company’s discretion:
by using the functions of the Platform (including in the Account or in the form of electronic messages, push notifications);
by sending messages to the Guide's email address;
by sending instant electronic messages (in messengers or similar services);
by sending a short text message transmitted via cellular communications (SMS); and/or
in writing.
The Company acting as a data exporter grants the Guide access to the Platform and fulfills the Assignments of the Guide which are governed by Terms.
In the course of the Terms execution, the Company acting as a data exporter transfers information relating to an identified or identifiable natural persons, i.e. data subjects, as described in Annex 1 (Personal Data) to the Guide.
The Guide may be established and / or located outside the EU and third countries covered by the adequacy decision as specified in Article 45 of the EU General Data Protection Regulation 2016/679 (GDPR).
The Company and the Guide (collectively, referred to as the Parties, and individually to as the Party) set out in this Data Processing Addendum (DPA) rules for transfer and processing of Personal Data.
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The text of the EU SCCs is published at the official website https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32021D0914#d1e32-37-1
The data importer hereby acknowledges that it has read, understood, and accepted the EU SCCs provided under the link above.
The applicable Module on the Parties of the EU SCCs is MODULE FOUR: Transfer processor to controller and MODULE ONE: Transfer controller to controller, only where Company transfers Personal Data to the Guide located in a third country as an independent controller (for purposes of ensuring quality assurance of the Guide's services, handling disputes and complaints of the Travellers, redirecting claims, etc.).
The text of the EU SCCs is applied by the Parties unchanged (as it is published on the official website) as mentioned above, except for the following provisions:
in Clause 7 of the EU SCCs, the optional docking clause will not apply;
in Clause 11 of EU SCCs, the optional part on lodge of a complaint with an independent dispute resolution body will not apply;
in Clause 17 of EU SCCs, the governing law is the law of the [Ireland];
in Clause 18(b) of the EU SCCs, disputes will be resolved before the courts of the Republic of Estonia;
The Competent supervisory authority in accordance with Clause 13 (Annex I.C) of EU SCCs is the Data Protection Inspectorate (Estonia);
Annex I and Annex II to EU SCCs are agreed by the Parties in the Annexes to this DPA.
to ensure each member of its staff completes appropriate mandatory training prior to handling any Personal Data. Such training shall include familiarising such staff with the Company's responsibilities with regard to data protection, information sharing, confidentiality, technical and organisational measures, and governance arrangements required under the Terms;
to maintain records of completion of such training stipulated above;
to ensure that all laptops, computers, and any other portable devices used in relation to processing, storing or transferring the Personal Data will be encrypted;
maintenance of firewalls to segregate the Company's internal networks from the internet;
detect unauthorised access to the Personal Data and take measures;
employ appropriate intrusion detection, monitoring, and logging capabilities to enable detecting and responding to potential security breach attempts;
ensure segregated storage of Personal Data processed under the Terms, if applicable;
prevent virus infections, its blocking and removing by deploying anti-virus protection and anti-spyware tools;
use a reasonable user identification or password-based control system and other security procedures regarding Personal Data.
The Terms are published at: https://alle.travel/admin/pages/terms-for-guides
Publication date: 24.06.2025
Version of the Terms: [1.0]
Schedule 1 to Terms for Guides
Data Processing Addendum
PREAMBLE
1. DATA PROTECTION SAFEGUARDS
Application of EU SCCs to Transfer of Personal Data. The Parties agree to apply the EU Standard Contractual Clauses adopted by the European Commission under the Commission Implementing Decision (EU) 2021/914 of 4 June 2021 (EU SCCs) to the transfer of Personal Data from the Company (data exporter) to the Guide (data importer), as follows:
Hierarchy. Provision of this DPA shall prevail in the event of a contradiction between this DPA and any provisions of the Terms or other contracts between the Parties existing at the time when this DPA is agreed or entered into thereafter.
Effect of this DPA. This DPA is supplemental to, and forms an integral part of the Terms. The obligations imposed by this DPA apply to the relationships of the Parties starting from the execution date of the Terms and remain in force until the Company no longer possesses or controls any Personal Data or until otherwise agreed in writing by the Parties. If any Personal Data is disclosed to the Guide before the signing of this DPA, the obligations imposed by this DPA shall also apply to such processing of Personal Data.
Annex 1. DESCRIPTION OF PROCESSING
Identity and contact details of the Company and the Guide, the activities relevant to the data transferred are specified in the ‘Preamble’ section of the DPA. The roles are specified in the Section 1 of the DPA.
Categories of data subjects |
- Travellers - Other participants of Travel Services |
Categories of Personal Data |
- Last Name, first Name, - Email address, - Phone number, - Photo image, - Other information contained in supporting documents (certificates, etc.), - Other information required by the Guide to fulfill Travel Services, where necessary (ID details, etc.), - Other information transmitted using the functionality of the Platform. |
|
Sensitive data processed (if applicable) |
n/a |
The frequency of transfer |
Occasional |
Purpose(s) of the data processing |
Performance of obligations under the Terms |
The period for which the personal data will be retained |
During the validity of the Terms |
Annex 2. TECHNICAL AND ORGANIZATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA
The list of technical and organizational measures that the Company must implement is following: