Preamble
These Operator Terms and Conditions ("Terms") constitute a binding legal agreement between MB "Wewander", a company incorporated under the laws of the Republic of Lithuania (Company code: 307580758) with registered office at Kalvarijų g. 149-52, LT-08352 Vilnius, Lithuania ("WeWander," "we," "us," or "our") and the tour operator, guide, or activity provider ("Operator," "you," or "your") accessing or using the WeWander marketplace platform.
BY ACCEPTING THESE TERMS (BY CLICKING "I ACCEPT," REGISTERING AN ACCOUNT, OR LISTING A TOUR), YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND ALL INCORPORATED POLICIES. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.
1. Definitions and Interpretation
1.1 Definitions
In these Terms, the following definitions apply:
- "Account" — the operator account created on the Platform for listing and managing tours.
- "Activity" — any tour, excursion, experience, attraction, or travel-related service offered by Operator through the Platform.
- "Additional Insured" — the status of being named as an insured party on an insurance policy, thereby receiving coverage under that policy.
- "Booking" — a confirmed reservation for an Activity made by a Traveler through the Platform.
- "Booking Date" — the scheduled date on which the Activity is to take place.
- "Cancellation Policy" — the refund terms and conditions applicable to a specific Activity, as set by the Operator and displayed on the Activity listing.
- "Commission" — the service fee charged by WeWander for facilitating Bookings, calculated as a percentage of the Tour Price.
- "Content" — all text, photographs, videos, graphics, descriptions, reviews, ratings, and other materials uploaded to or displayed on the Platform.
- "Discounted Price" — a Tour Price that has been reduced from the original listed price through promotions, discounts, or price adjustments.
- "EU" — the European Union.
- "GDPR" — Regulation (EU) 2016/679 (General Data Protection Regulation).
- "Instant Booking" — a booking model where reservations are automatically confirmed without Operator review or approval.
- "Listing" — the description, photographs, pricing, and other information about an Activity published on the Platform by the Operator.
- "Net Rate" — the amount retained by Operator after deduction of Commission (Tour Price minus Commission).
- "Operator Content" — all Content uploaded, submitted, or provided by Operator, including but not limited to photographs, descriptions, and tour information.
- "Payout" — the payment made by WeWander to Operator for completed Bookings, calculated as the Net Rate.
- "Platform" — the WeWander website, mobile applications, APIs, and related services operated by MB "Wewander".
- "Request-to-Book" — a booking model requiring Operator review and manual approval before a reservation is confirmed.
- "Tour Price" — the total amount paid by a Traveler for a Booking, including any applicable taxes and mandatory fees, and accounting for any discounts or promotions applied.
- "Traveler" — an end customer who books an Activity through the Platform.
1.2 Interpretation
- Headings are for convenience only and do not affect interpretation.
- Words in the singular include the plural and vice versa.
- References to "including" or "includes" mean "including without limitation."
- References to statutes or regulations include amendments and re-enactments.
- References to "days" mean calendar days unless specified as "business days."
- "Business days" means Monday through Friday, excluding Lithuanian public holidays.
2. Platform Role and Legal Status
2.1 WeWander as Marketplace Intermediary
WeWander operates as a marketplace platform and booking intermediary, NOT as a tour operator, travel agent, or organizer under EU or Lithuanian law.
WeWander does NOT:
- Operate, manage, or supervise Activities
- Employ tour guides or activity providers
- Set tour prices, policies, or content (Operators set these independently)
- Provide travel services directly to Travelers
- Act as agent for Travelers
WeWander DOES:
- Provide a platform for Operators to list Activities
- Facilitate bookings and payment processing between Travelers and Operators
- Provide marketing and promotional services
- Offer customer support for booking-related inquiries
- Maintain review and rating systems
2.2 Contract Formation
When a Traveler books an Activity through the Platform:
- The contract for the Activity is formed exclusively and directly between the Traveler and the Operator
- WeWander is NOT a party to this contract
- WeWander acts solely as a commercial agent facilitating the transaction on behalf of the Operator
- The Operator is the sole provider of the Activity and bears all legal obligations arising from the contract with the Traveler
2.3 EU Package Travel Directive Status
WeWander does NOT act as an "organizer" or "retailer" under Directive (EU) 2015/2302 (Package Travel Directive) because:
- We do NOT combine travel services into packages
- We do NOT offer linked travel arrangements
- Each Activity is a standalone booking with the listed Operator
- Travelers contract directly with individual Operators
2.4 Operator as Service Provider
The Operator named on each Booking is:
- The sole provider of the Activity
- The principal party to the contract with the Traveler
- Solely responsible for all legal obligations under EU Package Travel Directive (where applicable), consumer protection law, and applicable tourism regulations
- Solely liable for the quality, safety, and delivery of the Activity
2.5 Traveler Protection Notice
WeWander facilitates bookings but does NOT:
- Guarantee Activity quality or Operator performance
- Verify Operator credentials, licenses, or qualifications (beyond basic identity verification)
- Inspect equipment, vehicles, or facilities
- Monitor ongoing compliance with laws and regulations
Travelers should verify Operator credentials, insurance coverage, and customer reviews before booking.
2.6 Regulatory Status
WeWander is registered in Lithuania as MB "Wewander" (Company code: 307580758).
WeWander does NOT:
- Hold tour operator licenses
- Maintain tour operator bonding or insolvency protection (unless required by law)
- Act as a licensed travel agent
3. Operator Registration and Eligibility
3.1 Eligibility Requirements
To register as an Operator, you must:
(a) Legal Capacity:
- Be at least 18 years of age
- Have legal capacity to enter into binding contracts
- If acting on behalf of a business entity, have authority to bind that entity
(b) Business Registration:
- Be a legally registered business OR an authorized individual operator/sole trader
- Possess all necessary business licenses required in your jurisdiction
- Comply with all applicable local, national, and EU laws
(c) Regulatory Compliance:
- Hold all permits, licenses, and authorizations required to operate your Activities
- Maintain all required certifications (tour guide licenses, activity-specific certifications, etc.)
- Comply with tourism, safety, and consumer protection regulations in your operating jurisdiction
(d) Insurance:
- Maintain appropriate insurance coverage as specified in Section 9 (Insurance Requirements)
(e) Good Standing:
- Not have been previously banned or terminated from WeWander or similar platforms for fraud, misconduct, or Terms violations
- Not be subject to legal prohibitions preventing you from operating tour services
3.2 Registration Process
(a) Account Creation:
- Complete registration form with accurate information
- Provide valid email address and phone number
- Create secure password meeting Platform requirements
(b) Registration Information:
- Provide working email address
- Verify bank account ownership for payouts
- Provide accurate business name and contact information
- Accept responsibility for all account activities
WeWander reserves the right to request additional verification documents (government ID, business registration) if fraud is suspected or for high-value operators.
(c) Tax Information:
- Provide tax identification number (VAT number for EU operators, equivalent for non-EU)
- Complete tax withholding forms if required by law
- Provide taxpayer status information
(d) Payment Information:
- Provide valid bank account details for Payouts
- Verify bank account ownership
- Specify Payout currency preference
(e) Insurance Documentation:
- Upload valid insurance certificates meeting Section 9 requirements
- Name MB "Wewander" as Additional Insured (where required by activity risk tier)
(f) Terms Acceptance:
- Read and accept these Operator Terms and Conditions
- Accept
- Accept
- Accept
3.3 Account Approval
WeWander reserves the right to:
- Approve or reject registration applications at our sole discretion
- Request additional documentation or information
- Conduct background checks or reference verification
- Delay activation pending verification completion
Approval typically completed within 3-5 business days. We are not obligated to provide reasons for rejection.
3.4 Ongoing Compliance Obligations
Operators must:
- Keep registration information current and accurate
- Update account within 48 hours of any material changes (address, contact details, business structure, ownership)
- Maintain valid licenses, permits, and insurance throughout listing period
- Renew certifications and insurance before expiration
- Notify WeWander immediately of any legal proceedings, license suspensions, or regulatory actions
3.5 Account Suspension for Non-Compliance
WeWander may suspend Account if:
- Insurance coverage lapses or expires
- Business licenses expire or are suspended
- Required certifications not renewed
- Registration information materially inaccurate
- Operator fails to respond to verification requests within 10 business days
Suspension continues until compliance restored. Listings hidden during suspension.
3.6 One Account Per Operator
Each Operator may maintain only ONE Account. Multiple accounts by the same individual or entity are prohibited and constitute grounds for immediate termination.
Exceptions may be granted for:
- Separate business entities with different ownership and tax identification
- Prior written approval from WeWander
4. Activity Listings and Content
4.1 Listing Creation
Operators may create Listings for Activities meeting Platform standards. Each Listing must include:
(a) Mandatory Information:
- Activity title (clear, descriptive, accurate)
- Detailed description (minimum 200 words)
- Duration (hours or days)
- Meeting point with clear instructions
- Languages offered
- Maximum group size (if applicable)
- Pricing (per person, per group, or custom)
- High-quality photographs (minimum 5 photos)
(b) Inclusions and Exclusions:
- What is included in the Tour Price (equipment, meals, entrance fees, etc.)
- What is NOT included (travelers must purchase separately)
- Any mandatory additional costs
(c) Suitability Information:
- Minimum age requirements
- Physical fitness level required (easy, moderate, strenuous)
- Accessibility information (wheelchair accessible, mobility considerations)
- Medical conditions or health restrictions
- Inherent risks and hazards
(d) Logistics:
- Check-in time and procedures
- What to bring (clothing, equipment, documents)
- Cancellation Policy selection
- Booking model (Instant Booking or Request-to-Book)
- Minimum/maximum participants (if applicable)
4.2 Content Standards
All Operator Content must:
- Be accurate, truthful, and not misleading
- Describe the actual Activity as delivered
- Use clear, professional language
- Comply with advertising and consumer protection laws
- Not contain discriminatory, offensive, or inappropriate content
4.3 Photograph Requirements
(a) Quality Standards:
- Minimum resolution: 1920x1080 pixels
- Maximum file size: 2MB per photo (automatically compressed to 500KB)
- Clear, well-lit, professional appearance
- Minimum 5 photos required, up to 20 photos permitted
(b) Content Requirements:
- At least 90% of photos must depict actual Activity content (locations visited, activities performed, equipment used)
- Maximum 1 photo may be Operator portrait or branding
- Photos must be recent (within 12 months) and representative of current offering
- No stock photos unless depicting general location (with disclosure)
(c) Prohibited Content:
- Photos depicting other operators' tours or branded materials
- Graphic or disturbing imagery
- Photos with competitor watermarks or logos
- Photos of identifiable individuals without consent (model releases required)
(d) Watermarks:
- Subtle Operator branding permitted (small logo in corner)
- Large watermarks, text overlays, or promotional graphics prohibited
4.4 Pricing Requirements
(a) Transparent Pricing:
- All mandatory fees and charges must be included in displayed Tour Price
- No hidden fees disclosed only at checkout
- Clearly indicate what is included vs. excluded
(b) Pricing Models Permitted:
- Per person pricing
- Per group pricing (private tours)
- Tiered pricing (adult, child, senior, student)
- "Pay what you wish" pricing (with minimum suggested amount clearly stated)
(c) Pricing Restrictions:
- No bait-and-switch pricing (price at checkout must match Listing price)
- Mandatory tips or gratuities prohibited (tips must be optional)
- Tours exceeding €2,000 per person subject to admin review (verify luxury credentials)
- No absolute maximum price, but high-value tours reviewed for legitimacy
(d) Price Changes:
- Confirmed Bookings protected at booked price (no retroactive price increases)
- Listing price changes take effect for new Bookings only
- Minimum 48 hours notice required before increasing prices
4.5 Cancellation Policy Selection
Operators must select a Cancellation Policy for each Activity from available tiers:
- Flexible
- Moderate
- Strict
- Non-Refundable
- Custom (subject to Platform approval)
See Section 7 (Cancellation Policies) for full details.
4.6 Prohibited Activities
The following Activities are prohibited on the Platform:
(a) Illegal Activities:
- Activities violating Lithuanian, EU, or local laws
- Activities requiring licenses Operator does not possess
- Activities involving illegal substances or weapons
(b) Unsafe Activities:
- Activities with unreasonable safety risks
- Activities without appropriate safety equipment or protocols
- Activities operated by unqualified or unlicensed guides (where licensing required)
(c) Exploitative Activities:
- Activities involving child labor or exploitation
- Activities involving human trafficking or sexual services
- Activities involving forced labor
(d) Animal Welfare Violations:
- Wild animal riding (elephants, camels used in abusive conditions, etc.)
- Wild animal performances or circus acts
- Activities causing unnecessary animal suffering
- Interaction with endangered species in unethical conditions
- Trophy hunting or animal fights
(e) Discriminatory Activities:
- Activities excluding participants based on race, religion, gender, sexual orientation, disability, or other protected characteristics (except legitimate safety requirements)
(f) Deceptive Listings:
- Fake or fictional activities
- Activities misrepresenting location, duration, or content
- Listings using stolen photos or descriptions
For full list, see .
4.7 Listing Approval and Moderation
(a) Pre-Approval:
WeWander may review Listings before publication. We reserve the right to:
- Reject Listings not meeting standards
- Request modifications or additional information
- Delay publication pending review
(b) Ongoing Moderation:
WeWander may at any time:
- Edit Listings for clarity, grammar, or compliance (with notice)
- Require Operator to modify non-compliant content
- Temporarily hide Listings pending investigation
- Permanently remove Listings violating these Terms
(c) Operator Responsibility:
Operator is solely responsible for:
- Accuracy of all Listing content
- Updating Listings when Activity details change
- Ensuring ongoing compliance with these Terms
4.8 Availability Management
Operators must:
- Maintain accurate, up-to-date availability calendars
- Update availability within 24 hours of any changes
- Block dates for private bookings, maintenance, holidays, or unavailability
- Accept or reject Request-to-Book inquiries within 24 hours
Inaccurate availability may result in:
- Reduced search ranking
- Suspension of Instant Booking eligibility
- Account performance review
5. Commission and Payment Terms
5.1 Commission Structure
WeWander charges Commission on completed Bookings only. No upfront fees, listing fees, subscription fees, or monthly charges apply.
(a) Current Commission Rate:
- 10% of Tour Price (promotional rate, Year 1)
- Commission calculated on final price paid by Traveler (after discounts, promotions, or adjustments)
(b) Commission Calculation Examples:
Example 1: Standard Pricing
Tour Price: €100 → Commission: €10 (10%) → Net to Operator: €90
Example 2: Discounted Pricing
Original: €100 → Discounted: €80 → Commission: €8 (10%) → Net to Operator: €72
Example 3: Heavily Discounted
Original: €100 → Discounted: €50 → Commission: €5 (10%) → Net to Operator: €45
(c) Future Commission Rate:
After promotional period (Year 1), Commission rate may adjust to 15-20% of Tour Price.
- Operators receive 60 days advance written notice of rate changes
- Rate changes apply to new Bookings only
- Bookings confirmed before rate change protected at original rate
5.2 Payout Schedule
(a) Standard Payout Timing:
Operators receive Payout 10 business days after Booking Date (the date Activity takes place).
(b) Completion Requirements:
Payout released when:
- Booking Date has passed
- No Traveler dispute filed within 48 hours post-Activity
- No quality complaints requiring investigation
- No compliance holds on Account
(c) Delayed Payouts:
Payouts may be delayed for reasons specified in Section 5.7 (Payment Holds).
5.3 Payment Methods
(a) Available Methods:
- Bank transfer (SEPA for EU operators) - Recommended, no fees
- Bank transfer (SWIFT for non-EU operators) - Bank fees may apply
- PayPal - PayPal transaction fees apply (typically 2-3%)
(b) Payment Currency:
- Payouts made in Operator's registered currency
- Currency exchange rates: European Central Bank (ECB) daily reference rate
- Rate applied on date of Payout processing (not Booking date)
- No currency conversion fees charged by WeWander (bank fees may apply)
(c) Bank Account Verification:
Operators must verify bank account ownership before first Payout via:
- Micro-deposit verification (two small test deposits)
- Identity document matching account holder name
5.4 Minimum Payout Threshold
(a) Minimum Amount:
€50 per Payout
(b) Rollover:
Earnings below €50 automatically roll over to next Payout period
(c) Exceptions:
Account closure: All remaining balance paid regardless of amount (within 30 days of closure)
5.5 Payout Calculation
Payout Amount = Tour Price − WeWander Commission − Withholdings
Where:
- Tour Price = Amount paid by Traveler (after discounts)
- WeWander Commission = 10% of Tour Price (current rate)
- Withholdings = Taxes (if applicable) + Outstanding Debts + Penalties
(a) Deductions from Payout:
- WeWander Commission (10%)
- VAT on Commission, if applicable — currently not charged. Operators will be notified in advance if VAT becomes applicable
- Outstanding refunds owed to Travelers
- Chargeback amounts and fees
- Platform fee penalties (for 3+ non-exempt cancellations)
- Any other amounts owed to WeWander
5.6 Tax Obligations
(a) Operator Tax Responsibility:
Operators are solely responsible for:
- All taxes on tour income (income tax, VAT, business taxes)
- Tax registration and compliance in operating jurisdiction
- Accurate tax reporting and filing
- Payment of all taxes owed
(b) WeWander Tax Withholding:
WeWander does NOT withhold income tax from Payouts UNLESS:
- Required by Lithuanian law
- Required by tax treaty or international agreement
- Operator subject to backup withholding for non-compliance
(c) Tax Identification:
Operators must provide:
- VAT number (EU operators)
- Tax identification number (all operators)
- W-8/W-9 forms (if required for non-EU operators)
(d) VAT Treatment:
VAT is currently not charged on Commission. Once VAT becomes applicable, the following will apply:
For EU Operators (B2B Reverse Charge):
- Operator's tour services: Operator charges VAT per local rules
- WeWander Commission: Subject to reverse charge mechanism (Operator accounts for VAT)
- Operator must have valid VAT registration
For Non-EU Operators:
- WeWander Commission subject to Lithuanian VAT (21%)
- VAT added to Commission amount
Operators will be notified in advance if VAT becomes applicable.
(e) Tax Reporting:
WeWander may:
- Report Operator earnings to Lithuanian and EU tax authorities as required by law
- Issue annual earnings statements for tax filing purposes
- Withhold Payouts if tax documentation not provided
5.7 Payment Holds
WeWander may hold or delay Payouts in the following circumstances:
(a) Cancellation Investigations (7-14 business days):
- Disputed Operator-initiated cancellations
- Suspected abuse of cancellation exemption system
- Pending admin review of exemption requests
(b) Quality Disputes (14-30 business days):
- Traveler complaints requiring investigation
- Alleged service failures or material misrepresentation
- Safety incident reports
- "Not as described" claims
(c) Compliance Verification (7-14 business days):
- Missing, expired, or invalid insurance certificates
- Unverified identity or business registration documents
- Suspicious activity patterns or fraud indicators
- Incomplete tax documentation
(d) Outstanding Operator Debt:
- Unpaid refunds owed to Travelers
- Chargebacks or payment disputes
- Platform fee penalties from prior cancellations
- Any amounts owed to WeWander
(e) Legal Holds (duration of legal matter):
- Subpoenas, court orders, or legal process
- Regulatory investigations
- Pending litigation involving Operator
- Suspected criminal activity
(f) Hold Notification:
WeWander will notify Operator of:
- Reason for hold
- Expected release timeframe
- Actions required to release hold (if applicable)
(g) Hold Release:
Holds released upon resolution of underlying issue. If resolved in Operator's favor, Payout released immediately.
5.8 Failed Payments
(a) Operator Obligations:
- Maintain current, valid banking information in Account settings
- Update payment details within 48 hours if bank account changes
- Verify Payout receipt within 5 business days of expected payment date
- Notify WeWander immediately if Payout not received
(b) Failed Transfer Protocol:
1. WeWander attempts Payout via registered payment method
2. If transfer fails: Operator notified via email with failure reason
3. Operator has 30 days to update banking details or resolve issue
4. If not resolved within 30 days: Payout forfeited to WeWander (considered abandoned property under Lithuanian law)
(c) Common Failure Reasons:
- Incorrect bank account number or routing information
- Bank account closed or frozen
- Bank rejects transfer (name mismatch, account type incompatible)
- Currency not supported by recipient bank
5.9 Chargebacks and Refunds
(a) Traveler-Initiated Chargebacks:
- WeWander handles chargeback disputes with payment processors
- Operator notified of chargeback and provided opportunity to submit evidence
- If chargeback successful (ruled in Traveler's favor): Chargeback amount plus fees deducted from Operator's next Payout
- If insufficient Payout funds: Operator invoiced for chargeback amount
(b) Chargeback Fees:
- Payment processor chargeback fees (typically €15-€25) passed to Operator
- Fees charged regardless of chargeback outcome
(c) Evidence Submission:
Operators may provide evidence to contest chargebacks:
- Booking confirmation and tour details
- Proof of service delivery (photos, check-in records, Traveler signatures)
- Communication records with Traveler
- Cancellation policy and Traveler acknowledgment
Submission deadline: 5 business days from chargeback notification.
(d) Operator Refund Obligations:
When Operator cancels Activity (Section 7.4):
- Traveler receives 100% refund (always, regardless of Activity's Cancellation Policy)
- Refund amount deducted from Operator's next Payout
- If no pending Payout or insufficient funds: Operator invoiced for refund amount
- Unpaid refund invoices: Account suspended until paid
(e) Unpaid Refund Collection:
If Operator fails to pay refund invoice within 14 days:
- Account suspended (all Listings hidden)
- Future Payouts withheld and applied to outstanding debt
- Matter referred to collections agency (Operator liable for collection costs)
- Account terminated for persistent non-payment
5.10 Currency Conversion
(a) Exchange Rate Source:
European Central Bank (ECB) daily reference rates
For currencies not in ECB: XE.com interbank rates
(b) Rate Application:
- Rate used: Date of Payout processing (NOT Booking date)
- Conversion executed by WeWander's payment processor
- No currency conversion markup by WeWander (bank fees may apply)
(c) Currency Risk:
Operators bear currency fluctuation risk between Booking date and Payout date. WeWander is not responsible for exchange rate movements.
6. Booking Management and Availability
6.1 Booking Models
Operators may choose one of two booking models for each Listing:
(a) Instant Booking:
- Bookings automatically confirmed without Operator review
- Traveler receives immediate confirmation
- Operator MUST honor all Instant Bookings (subject to Section 6.3 overbooking exceptions)
- Advantages: Higher search ranking, increased visibility, more bookings
- Requirements: Accurate real-time availability, immediate availability updates
(b) Request-to-Book:
- Operator reviews each request and manually approves or declines
- Traveler receives provisional hold pending Operator response
- Operator must respond within 24 hours
- Advantages: Full control over bookings, ability to communicate before confirming, suitable for custom/private tours
- Disadvantages: Lower search ranking, potential booking loss from delayed response
6.2 Response Time Requirements
(a) Request-to-Book Inquiries:
Operators must respond within 24 hours of inquiry receipt.
Response options:
- Accept booking (Booking confirmed)
- Decline booking with reason (inquiry cancelled, no penalty if valid reason)
- Request more information (must follow up within 12 hours)
(b) Late Response Consequences:
- Auto-decline after 48 hours (inquiry expires)
- Response rate tracked and displayed on Operator profile
- Low response rates (<90%) result in:
- Reduced search ranking
- Suspension of Instant Booking eligibility
- Account performance review
(c) Traveler Messages:
Operators should respond to Traveler messages within 12-24 hours. While not strictly enforced, responsiveness affects:
- Operator ratings and reviews
- Search ranking algorithm
- Platform reputation
6.3 Availability Management
(a) Calendar Accuracy Obligation:
Operators must:
- Maintain accurate, up-to-date availability calendars
- Update availability within 24 hours of any changes
- Block dates for private bookings, maintenance, holidays, personal time off, or any other unavailability
- Unblock dates promptly when availability opens
(b) Overbooking Prohibition:
Operators must NOT:
- Accept more Bookings than capacity permits
- Accept external bookings that conflict with WeWander Bookings without blocking dates
- Intentionally double-book to choose higher-paying customers
(c) Overbooking Exceptions:
Legitimate overbooking (external booking received after WeWander Booking confirmed) may occur. In this case:
1. Honor the FIRST confirmed Booking (chronologically)
2. If WeWander Booking confirmed first: Honor it, decline external booking
3. If external booking confirmed first: Cancel WeWander Booking as "operator error," provide full refund, counts as 1 cancellation
(d) Calendar Synchronization:
Operators may sync external calendars (Google Calendar, Airbnb, VRBO, etc.) to automatically block conflicting dates. WeWander provides:
- iCal feed import
- Google Calendar two-way sync (recommended)
- Manual blocking tools
See Operator Guide for calendar sync setup.
6.4 Booking Confirmation
(a) Instant Booking Confirmations:
- Automated confirmation sent to Traveler immediately
- Operator receives Booking notification via email and Platform dashboard
- Operator must still provide final confirmation details 24-48 hours before Booking Date (see Section 6.5)
(b) Request-to-Book Confirmations:
- Operator manually accepts request
- Confirmation sent to Traveler upon Operator acceptance
- Payment processed after acceptance
- Operator must provide final confirmation details 24-48 hours before Booking Date
6.5 Pre-Activity Communication
(a) Final Confirmation Requirement:
Operators must provide final confirmation 24-48 hours before Booking Date, including:
- Exact meeting point (address, GPS coordinates, landmark)
- Meeting time (confirm if different from Listing)
- Operator contact information (phone number for day-of emergencies)
- What to bring (clothing, documents, equipment)
- Weather-related updates or advisories
- Any last-minute changes
(b) Communication Channels:
- Platform messaging system (preferred for audit trail)
- Email (to Traveler's registered email)
- SMS/phone (for urgent day-of communication only)
(c) Prohibited Communication:
Operators must NOT:
- Solicit Travelers to book directly outside Platform (circumventing Commission)
- Share payment links or request additional payments outside Platform
- Request Traveler to cancel and rebook elsewhere
- Harass or pressure Travelers
Violations result in immediate Account termination.
6.6 Minimum and Maximum Participants
(a) Optional Settings:
Operators may set:
- Minimum Participants: Minimum number of Bookings required for Activity to proceed
- Maximum Participants: Maximum group size for safety or quality reasons
(b) Minimum Participant Requirements:
If minimum not met by deadline:
- Operator may cancel without penalty (exempt cancellation under "insufficient bookings")
- All Travelers receive 100% refund
- Does NOT count toward Operator's cancellation limit
(c) Deadline Setting:
Operators must specify deadline for minimum participants (e.g., "24 hours before," "7 days before"). Recommend 24-72 hours before Booking Date.
(d) Communication:
If minimum not met, Operator should:
1. Communicate with booked Travelers about status
2. Offer to proceed with smaller group (if willing to waive minimum)
3. If cancelling: Process cancellation via Platform at least 24 hours before Booking Date
6.7 Modifications and Rescheduling
(a) Operator-Initiated Modifications:
Minor changes (meeting time adjustment <1 hour, meeting point within same area):
- Notify Traveler immediately via Platform messaging
- Obtain Traveler consent
- Document consent in Platform
Major changes (date change, time change >1 hour, significant itinerary change):
- Offer Traveler option to accept change or cancel with full refund
- If Traveler cancels due to major change: Full refund, does NOT count toward Operator cancellations
(b) Traveler-Requested Rescheduling:
- Subject to Operator's availability and discretion
- Operator may accommodate or decline
- If Operator declines: Traveler may cancel per Cancellation Policy (refund per policy tier)
- If Operator accommodates: No cancellation, Booking updated to new date
7. Cancellation Policies
7.1 Cancellation Policy Selection
Operators must select a Cancellation Policy for each Activity. Policies determine Traveler refund eligibility based on cancellation timing.
Available Policy Tiers:
(a) Flexible (Recommended for Customer Trust):
- 100% refund: ≥24 hours before Booking Date
- 0% refund: <24 hours before Booking Date
(b) Moderate (Balanced Protection):
- 100% refund: ≥7 days (168 hours) before Booking Date
- 50% refund: 1-7 days (24-168 hours) before Booking Date
- 0% refund: <24 hours before Booking Date
(c) Strict (Maximum Operator Protection):
- 100% refund: ≥14 days (336 hours) before Booking Date
- 50% refund: 7-14 days (168-336 hours) before Booking Date
- 0% refund: <7 days (168 hours) before Booking Date
(d) Non-Refundable (Requires Prominent Disclosure):
- 0% refund at any time
- Must be displayed prominently on Listing with warning icon
- Traveler must explicitly acknowledge non-refundable status at checkout
- Recommended only for high-demand limited-availability experiences
(e) Custom (Subject to Platform Approval):
- Operators may create custom refund tiers
- 1-4 tiers allowed
- Each tier defines hours_before and refund_percentage
- Must be reasonable and not deceptive (e.g., "1% refund if cancelled 365 days before" is unreasonable)
- WeWander reserves right to reject unreasonable custom policies
7.2 Policy Binding Effect
Once Booking is confirmed:
- Cancellation Policy is binding on Operator and Traveler
- Policy cannot be changed retroactively
- Policy captured in Booking confirmation email and legally enforceable
- Travelers entitled to refund per policy tier if they cancel in accordance with policy
7.3 Policy Compliance
Cancellation Policies must:
- Comply with Lithuanian and EU consumer protection laws
- Be clearly displayed on Listing (not buried in fine print)
- Be written in plain, understandable language
- Not contradict mandatory consumer rights under EU law (e.g., statutory withdrawal rights where applicable)
- Not be unconscionable or grossly unfair
WeWander may modify or reject policies not meeting these standards.
7.4 Operator-Initiated Cancellations
Graduated Escalation System:
WeWander tracks Operator cancellations to maintain Platform quality and protect Traveler trust. Cancellations tracked on rolling 6-month periods (reset January 1 and July 1).
(a) Escalation Levels:
1-2 Cancellations (Friendly Warning):
- Email notification sent with cancellation best practices
- No financial penalties
- Tips provided for calendar management and avoiding cancellations
3-4 Cancellations (Serious Warning):
- Formal warning email issued
- Platform Commission RETAINED for cancellations without valid exemption (see Section 7.5)
- Account performance review initiated
- Listing visibility may be reduced in search results
5+ Cancellations (Account Under Review):
- Account flagged for delisting review
- Mandatory consultation with WeWander support team required
- Listing visibility significantly reduced
- May result in Account suspension or termination at WeWander's discretion
(b) Period Tracking:
- Period Count: Resets January 1 and July 1 (rolling 6-month periods)
- Total Count: Lifetime cancellations (never resets, used for analytics)
(c) Visibility on Operator Profile:
Operators can view current period count and total count in Account dashboard. This information is NOT publicly displayed to Travelers.
7.5 Exempt Cancellation Reasons
The following cancellation reasons may be exempt from escalation count, subject to verification:
(a) Insufficient Bookings (Auto-Exempt):
- Activity did not reach minimum participants by booking deadline
- Requires: Operator has set minimum participant requirement in Listing
- Verification: System automatically verifies minimum participant setting
- Result: Does NOT count toward Operator's cancellation limit
- Proof Required: None (system-verified)
(b) Weather/Safety (Exempt via Admin Review):
- Dangerous weather conditions making Activity unsafe (storm, extreme heat, flooding, lightning, high winds, etc.)
- Natural hazards (avalanche risk, rockfall, wildfire smoke, etc.)
- Proof Required: Weather report URL, screenshot from reputable weather service (e.g., weather.com, national meteorological service), or official safety advisory
- Admin Review: Typically completed within 2-5 business days
- Considerations: Admin reviews weather conditions for location and Activity type (e.g., rain may be acceptable for city tour but unsafe for mountain hike)
- If Approved: Does NOT count toward Operator's cancellation limit
- If Rejected: Counts normally toward Operator's cancellation limit
(c) Operator Illness/Injury (Exempt via Admin Review):
- Operator medically unable to conduct Activity due to illness or injury
- Proof Required: Doctor's note, medical certificate, hospital discharge paperwork, or similar medical documentation (may be redacted to remove sensitive details)
- Admin Review: Typically completed within 2-5 business days
- Privacy: Medical details kept confidential, only verification of inability to work required
- If Approved: Does NOT count toward Operator's cancellation limit
- If Rejected: Counts normally toward Operator's cancellation limit
(d) Force Majeure (Exempt via Admin Review):
- Natural disaster (earthquake, hurricane, volcano eruption, tsunami, etc.)
- Pandemic or epidemic with travel restrictions or lockdowns
- War, armed conflict, terrorism, or civil unrest in Activity location
- Government-mandated closure, travel ban, or evacuation order
- Infrastructure failure (bridge collapse, road closure, airport closure preventing Activity)
- Proof Required: News article from reputable source, official government advisory, evacuation order, or credible documentation of event
- Admin Review: Typically completed within 2-5 business days
- If Approved: Does NOT count toward Operator's cancellation limit
- If Rejected: Counts normally toward Operator's cancellation limit
(e) Other (Always Counts):
- Family emergency (without medical documentation)
- Scheduling conflict or personal commitment
- Forgot to update calendar or double-booked
- Found higher-paying direct booking
- Equipment malfunction (Operator's responsibility to maintain equipment)
- Staff unavailability (Operator's responsibility to arrange coverage)
- Any reason not covered by categories (a) through (d) above
- Result: ALWAYS counts toward Operator's cancellation limit
- Admin Review: NOT available for "Other" category
7.6 Exemption Review Process
(a) Operator Obligations:
- Submit exemption request within 24 hours of cancellation
- Upload proof documentation via Platform dashboard:
- Weather/Safety: Weather report URL or screenshot
- Illness: Medical certificate (may redact sensitive personal details)
- Force Majeure: News article URL, official advisory, or documentation
- Provide detailed explanation of circumstances
- Be truthful and accurate (false claims may result in Account termination)
(b) Admin Review Process:
1. WeWander admin reviews submission within 2-5 business days
2. Admin may request additional evidence or clarification
3. Decision based on:
- Credibility and sufficiency of evidence
- Reasonableness of cancellation given circumstances
- Consistency with exemption category criteria
4. Operator notified of decision via email
(c) Approval Criteria:
Weather/Safety:
- Weather conditions objectively dangerous for Activity type
- Official warnings or advisories issued
- Reasonable operator would cancel under circumstances
- Example: Thunderstorm during outdoor climbing = likely approved; Light rain during city walking tour = likely rejected
Illness:
- Medical professional documentation provided
- Operator genuinely unable to perform duties
- Illness occurred unexpectedly (not pre-existing condition known at booking acceptance)
Force Majeure:
- Event beyond Operator's control
- Event makes Activity impossible or unsafe
- Reputable documentation of event
(d) Appeals Process:
If exemption request rejected, Operator may appeal within 3 business days of rejection notice.
Appeal Submission:
- Provide additional evidence not previously submitted
- Clarify misunderstandings or provide context
- Submit via Platform dashboard appeals form
Senior Admin Review:
- Senior staff member (not original reviewer) conducts appeal review
- Review typically completed within 3-5 business days
- Decision is FINAL (no further appeals)
7.7 Traveler Refunds for Operator Cancellations
(a) Refund Obligation:
When Operator cancels Activity for ANY reason:
- Traveler receives 100% refund (always, regardless of Activity's Cancellation Policy)
- Refund includes all amounts paid (tour price, any add-ons, fees)
- Refund processed within 5-10 business days to original payment method
(b) Platform Fee Retention:
Cancellations 1-2 (regardless of reason):
- Operator receives normal Payout minus Commission
- Example: €100 Tour Price → Traveler refunded €100 by WeWander → Operator pays €10 Commission → Operator net: -€10
Cancellations 3-4 (non-exempt reasons only):
- Platform retains Commission as penalty
- Example: €100 Tour Price → Traveler refunded €100 by WeWander → Platform retains €10 Commission → Operator pays full €100 refund → Operator net: -€100
Cancellations 5+ (non-exempt reasons only):
- Platform retains Commission as penalty
- Account flagged for review
- May result in Account suspension or termination
Exempt Cancellations (approved by admin):
- Do NOT trigger fee retention, regardless of count
- Operator pays normal Commission only
(c) Refund Deduction from Payout:
- Refund amount deducted from Operator's next Payout (per Section 5.9(d))
- If insufficient Payout funds: Operator invoiced for refund amount
- Unpaid refund invoices result in Account suspension until paid
7.8 Traveler-Initiated Cancellations
(a) Cancellation by Traveler:
Travelers may cancel Bookings via Platform dashboard. Refund calculated according to Activity's Cancellation Policy and time remaining before Booking Date.
(b) Refund Calculation:
Automated system calculates refund based on:
- Hours between cancellation time and Booking Date
- Cancellation Policy tier applicable
- Refund percentage per policy
Example (Flexible Policy):
- Booking Date: June 15, 2026 at 10:00 AM
- Traveler cancels: June 14, 2026 at 9:00 AM (25 hours before)
- Result: 100% refund (≥24 hours)
Example (Moderate Policy):
- Booking Date: June 15, 2026 at 10:00 AM
- Traveler cancels: June 10, 2026 (5 days before)
- Result: 50% refund (1-7 days before)
(c) Operator Payout Impact:
- If Traveler cancels before Activity: Operator does NOT receive Payout for that Booking
- Commission already deducted from Traveler's payment before refund calculation
- Platform absorbs Commission loss on refunds
7.9 No-Show Policy
(a) Traveler No-Show:
- Traveler does not appear at meeting point by scheduled start time
- Operator waits reasonable time: Minimum 15 minutes, recommended 20-30 minutes
- Operator attempts contact via Platform messaging and phone (if provided)
- After waiting period: Operator reports no-show via Platform dashboard
- Result:
- Operator receives 100% Payout (Tour Price minus Commission)
- No refund to Traveler
- Traveler may dispute no-show within 48 hours (Operator must provide evidence of waiting and contact attempts)
(b) Operator No-Show:
- Operator does not appear at meeting point or provide Activity as booked
- Traveler waits reasonable time (15-30 minutes) and attempts contact
- Traveler reports no-show via Platform
- WeWander investigates (contacts Operator for explanation)
- If confirmed Operator no-show:
- Traveler receives 100% refund immediately
- Operator receives €0 Payout
- Cancellation counts toward Operator's escalation limit (counts as non-exempt cancellation)
- Possible immediate Account suspension for egregious cases
- May result in Account termination for repeat offenses
7.10 Cancellation Process
(a) Operator Cancellation Steps:
1. Log into Platform dashboard
2. Navigate to Booking details
3. Click "Cancel Booking"
4. Select cancellation reason from dropdown menu
5. Provide detailed explanation (minimum 50 characters)
6. If claiming exempt reason: Upload proof documentation
7. Review confirmation screen (shows refund amount, impact on cancellation count)
8. Submit cancellation
(b) Automated Actions:
- Traveler immediately notified of cancellation via email
- Refund processed automatically (5-10 business days)
- Exemption request (if applicable) sent to admin queue
- Operator cancellation count updated
- Escalation email sent (if applicable)
(c) Prohibition on Direct Cancellations:
Operators must NOT:
- Accept direct cancellation requests from Travelers outside Platform
- Issue direct refunds to Travelers (all refunds via WeWander)
- Instruct Travelers to cancel bookings themselves to avoid penalties
Violations may result in Account suspension or termination.
7.11 Period Reset Dates
Cancellation period count resets on:
- January 1 (start of first 6-month period)
- July 1 (start of second 6-month period)
Total cancellation count (lifetime) never resets and is used for long-term analytics and platform quality monitoring.
8. Prohibited Marketing Practices
8.1 Purpose
This Section protects WeWander's brand equity, prevents channel conflict, and ensures fair competition among Operators.
8.2 Prohibited Channels and Methods
Operators must NOT engage in the following when promoting Activities or driving traffic to WeWander:
(a) Brand Bidding (Paid Search):
- Bidding on "WeWander," "WeWander.com," "WeWander tours," "WeWander bookings," or any brand variations in paid search advertising (Google Ads, Bing Ads, Yahoo, etc.)
- Using "WeWander" in ad copy, headlines, or display URLs in paid campaigns
- Creating ads that appear for branded search queries
- Bidding on misspellings or variations (e.g., "We Wander," "WeWander com")
(b) Misleading Domains:
- Registering domains containing "WeWander" or confusingly similar variations
- Examples of prohibited domains: wewander-tours.com, bookwewander.tours, wewander-official.com, wewander.net
- Using domains that imply official affiliation, partnership, or endorsement
(c) Prohibited Advertising Channels:
- Pop-up, pop-under, or click-under advertising
- Adult content websites or platforms (pornography, escort services, etc.)
- Email spam or unsolicited bulk email marketing
- Cookie stuffing or other attribution manipulation techniques
- Automated bots, scripts, or fake traffic generation
- Click farms or incentivized traffic (paying users to click links)
- Misleading redirects or cloaking
- Malware, adware, or spyware distribution
(d) Trademark Misuse:
- Using WeWander logos, trademarks, or branding without authorization or in violation of usage guidelines
- Modifying or altering WeWander branding
- Creating derivative works or variations of WeWander logos
- Registering trademarks confusingly similar to WeWander marks
8.3 Negative Keyword Requirements
Operators running paid advertising campaigns (Google Ads, Bing, social media ads, etc.) must add the following to negative keyword lists:
- "WeWander"
- "WeWander.com"
- "WeWander tours"
- "WeWander bookings"
- "WeWander activities"
- All brand variations and misspellings
Negative keywords prevent Operator ads from appearing when users search for WeWander-branded terms, avoiding competition with Platform's own marketing.
8.4 Permitted Marketing
Operators MAY:
- Link to their WeWander Operator profile from personal or business website
- Share direct Activity links on social media (Facebook, Instagram, Twitter, etc.)
- Include WeWander profile link in email signatures
- Use "As featured on WeWander" or "Book on WeWander" in organic (non-paid) marketing materials
- Display WeWander logo on website in accordance with WeWander brand standards
- Mention WeWander in blog posts, articles, or media interviews (factual statements only)
8.5 Verification and Monitoring
WeWander reserves the right to:
- Monitor Operator marketing practices and traffic sources
- Audit paid advertising campaigns
- Investigate suspicious traffic patterns
- Request documentation of marketing activities
- Use third-party services to detect violations
8.6 Penalties
(a) First Violation:
- Written warning issued via email
- Requirement to immediately remove infringing content or cease prohibited practice
- 48-hour compliance window
- Violation noted on Account
(b) Second Violation:
- Formal warning and compliance notice
- Commission withholding for affected period (if violation generated bookings)
- Suspension of promotional features or preferential placement
- 24-hour compliance window
(c) Third Violation:
- Account termination
- Forfeiture of pending Payouts related to violated practices
- Requirement to repay Commissions earned through prohibited marketing (if determinable)
- Possible legal action for trademark infringement or breach of contract
8.7 Good Faith Compliance
WeWander acknowledges that occasional inadvertent violations may occur (e.g., contractor uses prohibited tactic without Operator knowledge). Operators demonstrating good faith and prompt corrective action will be treated leniently for first-time unintentional violations.
9. Insurance Requirements
9.1 Mandatory Insurance Coverage
All Operators must maintain appropriate insurance coverage throughout the period Activities are listed on the Platform.
9.2 Risk-Based Insurance Tiers
Insurance requirements vary by Activity risk level:
(a) LOW RISK ACTIVITIES:
Examples: Walking tours, museum tours, food tours, city sightseeing, photography tours, cultural experiences without physical activity
Insurance Requirement: OPTIONAL (but strongly recommended)
If operator chooses not to carry insurance:
- Activity listing displays: "⚠️ Operator does not carry platform-verified insurance"
- Travelers must acknowledge this warning at checkout
Minimum Coverage (if operator has insurance):
- Public/General Liability: €500,000 per occurrence
- Additional Insured: Recommended but not required
(b) MEDIUM RISK ACTIVITIES:
Examples: Cycling tours, boat tours, kayaking (calm water), snorkeling, hiking, cooking classes with equipment, food tours with alcohol
Insurance Requirement: MANDATORY
Minimum Coverage:
- Public/General Liability: €1,000,000 per occurrence
- Professional Indemnity: €250,000
- Additional Insured: REQUIRED - MB "Wewander" must be named as Additional Insured
Proof Required:
- Valid insurance certificate with Additional Insured endorsement
- Annual renewal verification
(c) HIGH RISK ACTIVITIES:
Examples: Adventure sports, scuba diving, climbing, paragliding, bungee jumping, white-water rafting, skiing/snowboarding instruction, multi-day wilderness tours, motorized water sports
Insurance Requirement: MANDATORY
Minimum Coverage:
- Public/General Liability: €2,000,000 per occurrence
- Activity-Specific Coverage: As required by law or industry standards
- Professional Indemnity: €500,000
- Additional Insured: REQUIRED - MB "Wewander" must be named as Additional Insured
Additional Requirements:
- Proof of instructor certifications (e.g., PADI, ACMG, IFMGA, UIAGM)
- Equipment safety certifications and maintenance records
- Emergency action plan documentation
9.3 Additional Insurance for Specific Activities
(a) Transportation/Vehicle Activities:
- Commercial vehicle insurance with minimum €1,000,000 liability (in addition to public liability)
- Vehicle must pass safety inspection per local requirements
- Valid commercial driver's license
(b) Food-Related Activities:
- Food handler's permits/certifications
- Product liability coverage (minimum €500,000)
- Allergen protocols documented
(c) Water Activities:
- Marine/watercraft liability insurance
- Safety equipment certifications (life jackets, flotation devices)
- Captain's license or equivalent (where required)
(d) Multi-Day/Overnight Tours:
- Minimum €2,000,000 public liability
- Travel insurance provisions (offer or require Travelers to obtain)
- Accommodation liability coverage
9.4 Operators Without Platform-Verified Insurance
Operators who do not carry insurance may list LOW RISK ACTIVITIES ONLY (per Section 9.2(a)) with the following conditions:
(a) Permitted Activities:
Low-risk activities only: walking tours, museum visits, food tastings, cultural experiences without physical activity.
Medium and High Risk Activities REQUIRE insurance (Section 9.2(b) and 9.2(c)).
(b) Commission:
Standard 10% commission applies (same as insured operators).
(c) Disclosure Requirements:
- Activity listings display prominent notice: "⚠️ Operator does not carry platform-verified insurance"
- Warning displayed on listing page and at checkout
- Traveler must explicitly acknowledge notice before booking
(d) Liability:
- Operator bears full liability for all claims arising from Activities
- Operator indemnifies WeWander for any and all claims (Section 15.8)
- WeWander maintains limited platform insurance but this does NOT guarantee coverage for all claims or substitute for Operator's insurance obligations
(e) WeWander's Rights:
WeWander reserves the right to:
- Require insurance for any Activity at any time with 60 days notice
- Suspend or remove listings if safety concerns arise
- Reclassify Activities from Low Risk to Medium/High Risk requiring insurance
9.5 Proof of Insurance Requirements
(a) Upload Requirements:
- Valid insurance certificate uploaded during Account registration
- Certificate must be in English or Lithuanian (or certified translation provided)
- Certificate must clearly show:
- Insured party name (must match Operator registration)
- Coverage type and amounts
- Policy period (effective and expiration dates)
- Additional Insured endorsement (if required)
- Insurer name and contact information
(b) Annual Renewal:
- Operators must upload renewed certificate before expiration
- Automated reminders sent 60, 30, and 14 days before expiration
- Failure to renew: Listings automatically hidden on expiration date
(c) Verification Process:
- WeWander may verify coverage with insurer
- Operators must authorize insurer to confirm coverage if requested
- Verification typically completed within 5-10 business days
9.6 Additional Insured Endorsement
For Medium and High Risk Activities, insurance policy must name:
"MB "Wewander" and its affiliates, directors, officers, employees, and agents"
as Additional Insured parties.
(a) Purpose:
Additional Insured status provides WeWander with coverage under Operator's policy for claims arising from Operator's Activities.
(b) Cost:
Additional Insured endorsement typically adds €100-€300 annually to policy cost (varies by insurer and coverage amount).
(c) Verification:
WeWander may request copy of Additional Insured endorsement page from policy.
9.7 Insurance Lapse Consequences
If insurance expires or is cancelled:
(a) Automatic Actions:
- All affected Activity Listings automatically hidden from Platform
- Existing confirmed Bookings: Operator must honor OR cancel with full refund (does NOT count as cancellation if due to insurance lapse beyond Operator control)
- Payouts may be held pending insurance renewal
(b) Reinstatement:
- Upload valid insurance certificate
- Verification completed (1-3 business days)
- Listings unhidden automatically upon verification
(c) Repeated Lapses:
- Third insurance lapse within 12 months: Account performance review
- May result in mandatory insurance requirement (cannot use uninsured option)
9.8 Platform Insurance
WeWander maintains separate platform liability insurance, including:
- Professional indemnity / Errors & Omissions
- Cyber liability
- General commercial liability
IMPORTANT: WeWander's insurance does NOT:
- Cover Operator's Activities or operations
- Reduce or replace Operator's insurance obligations
- Substitute for Operator's required coverage
- Indemnify Operators for claims
WeWander's insurance protects WeWander only, not Operators.
9.9 Claims Notification
If a claim arises from an Activity:
(a) Operator Obligations:
- Notify WeWander within 24 hours of becoming aware of claim
- Notify Operator's insurance carrier immediately
- Provide WeWander with claim details and insurance claim number
- Cooperate fully with investigation and defense
- Do NOT admit liability or settle without WeWander consent (if WeWander is named party)
(b) WeWander Rights:
- Participate in claim defense
- Retain separate counsel
- Settle claims involving WeWander at WeWander's discretion
10. Quality Standards and Operator Conduct
10.1 Service Delivery Standards
Operators must provide Activities:
(a) As Described:
- Exactly as represented in Listing (itinerary, duration, inclusions)
- Meet or exceed Traveler expectations based on description
- Deliver promised quality level
(b) Professional Manner:
- Courteous, respectful, and friendly demeanor
- Appropriate attire and presentation
- Punctuality and preparedness
- Competent execution of Activity
(c) Safety:
- Appropriate safety equipment provided and used
- Safety briefings conducted where applicable
- Adherence to industry safety standards
- Emergency protocols in place and communicated
(d) Language:
- Conduct tour in advertised languages
- Ensure guide is fluent and understandable in stated languages
(e) Group Size:
- Respect maximum group size stated in Listing
- Maintain quality with actual group size
- Do not overcrowd or combine groups without disclosure
10.2 Legal and Regulatory Compliance
Operators must:
(a) Licenses and Permits:
- Maintain all required tour operator licenses
- Hold necessary activity-specific permits (e.g., park entry permits, commercial use authorization)
- Employ only licensed guides where required by law
- Display licenses if required by regulation
(b) Tax Compliance:
- Register for and pay all applicable business taxes
- Issue receipts or invoices as required by law
- Comply with VAT regulations (EU operators)
- Report income accurately to tax authorities
(c) Labor Laws:
- Comply with employment laws if employing staff
- Pay minimum wage and provide required benefits
- Maintain workers' compensation insurance (if required)
- Do not use child labor or forced labor
(d) Safety Regulations:
- Comply with occupational safety laws
- Meet industry safety standards and certifications
- Conduct required safety inspections
- Maintain safety equipment per regulations
(e) Consumer Protection:
- Comply with Lithuanian and EU consumer protection laws
- Honor statutory consumer rights (e.g., withdrawal rights where applicable)
- Provide required consumer information and disclosures
- Do not engage in unfair or deceptive practices
(f) Environmental Protection:
- Comply with environmental laws and regulations
- Obtain required environmental permits
- Minimize environmental impact
- Follow Leave No Trace principles (outdoor activities)
10.3 Prohibited Conduct
Operators must NOT:
(a) Circumvent Platform:
- Solicit Travelers to book directly outside Platform
- Share payment links or request off-platform payments
- Exchange personal contact information for purpose of circumventing Commission
- Request Travelers to cancel and rebook elsewhere
(b) Discriminate:
- Refuse service based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
- Exception: Legitimate safety requirements (e.g., age restrictions, physical fitness requirements)
(c) Harass or Pressure:
- Harass Travelers for reviews or ratings
- Offer incentives for positive reviews (cash, discounts, gifts)
- Threaten or coerce Travelers
- Engage in sexual harassment or inappropriate conduct
(d) Misrepresent:
- Provide false or misleading information in Listings
- Use fake or stolen photos
- Claim qualifications, certifications, or affiliations not held
- Post fake reviews or manipulate ratings
(e) Engage in Fraud:
- Create fake Bookings
- Cancel Bookings to favor higher-paying external customers
- Claim exempt cancellation reasons dishonestly
- Fabricate proof documentation
(f) Violate Safety:
- Operate Activities under unsafe conditions
- Use defective or unmaintained equipment
- Exceed safe group sizes
- Operate while impaired (alcohol, drugs)
(g) Solicit Tips Excessively:
- Demand or aggressively solicit tips
- Withhold service or provide inferior service if tip not given
- Exception: Polite mention that tips are appreciated (if customary)
10.4 Review and Rating System
(a) Traveler Reviews:
- Travelers may leave reviews and ratings after completing Activities
- Reviews appear on Operator profile and Activity Listings
- Reviews are public and visible to all Platform users
(b) Review Guidelines:
WeWander moderates reviews for:
- Profanity or offensive language
- Personal information disclosure
- Irrelevant content
- Spam or promotional content
- Violations of law
Substantive reviews (even negative) are NOT removed unless they violate guidelines.
(c) Operator Responses:
- Operators may respond to reviews
- Responses must be professional, factual, and non-confrontational
- Do NOT attack, insult, or threaten reviewers
- Address concerns raised and explain circumstances if applicable
(d) Review Manipulation Prohibition:
Operators must NOT:
- Post fake positive reviews (self-reviews, reviews by family/friends/employees)
- Offer incentives for reviews (discounts, gifts, cash)
- Threaten or pressure Travelers for positive reviews
- Pay for review manipulation services
- Report competing Operators' legitimate reviews as inappropriate
(e) Consequences of Manipulation:
- First offense: Warning and removal of fake reviews
- Second offense: Account suspension (30 days)
- Third offense: Permanent Account termination
10.5 Performance Metrics
WeWander tracks Operator performance on a rolling 90-day basis:
(a) Key Performance Indicators (KPIs):
Acceptable Standards:
- Cancellation Rate: ≤5 per 6-month period (see Section 7)
- Response Rate: ≥90% (Request-to-Book inquiries answered within 24 hours)
- Response Time: ≤24 hours average
- Booking Confirmation Rate: ≥95% (for accepted bookings)
- Average Rating: ≥4.0 stars (out of 5)
- Review Response Rate: ≥50% (Operator responds to reviews)
(b) Performance Impact:
High Performance (exceeds standards):
- Higher search ranking
- Eligibility for "Top Rated" or "Featured" badges
- Promotional opportunities
- Preferential customer support
Low Performance (below standards):
- Lower search ranking
- Loss of Instant Booking eligibility
- Exclusion from promotional campaigns
- Account performance review
- Possible Account suspension or termination
(c) Performance Reviews:
Triggered when:
- Multiple KPIs below acceptable standards for 30+ days
- Significant drop in performance (>20% decline)
- Pattern of Traveler complaints
- Multiple Terms violations
Performance reviews may result in:
- Performance Improvement Plan (30-60 days to improve)
- Temporary Listing suspension
- Account termination (if no improvement)
11. Data Protection and Privacy (GDPR Compliance)
11.1 Roles and Responsibilities
(a) Joint Data Controllers:
WeWander and Operator are independent data controllers who jointly determine the purposes and means of processing Traveler personal data for Activity bookings.
This relationship is governed by GDPR Article 26 (Joint Controllers), NOT Article 28 (Controller to Processor).
(b) Respective Responsibilities:
WeWander Controls:
- Platform user account data
- Booking transaction records
- Payment processing data
- Review and rating content
- Marketing communications (with consent)
- Platform analytics and usage data
Operator Controls:
- Tour delivery communication with Travelers
- Special requests and requirements (dietary, accessibility, medical)
- Post-Activity follow-up and satisfaction surveys
- Activity-specific photography (with Traveler consent)
- Activity-related records and documentation
11.2 Data Shared with Operators
WeWander provides Operator with the following Traveler data for each Booking:
(a) Personal Information:
- Full name
- Email address
- Phone number (if provided by Traveler)
(b) Booking Information:
- Booking Date and time
- Number of participants (adults, children, infants)
- Special requests or requirements
- Language preference
(c) Payment Confirmation:
- Confirmation that payment received (NOT full payment card details)
- Booking payment status (deposit paid, balance due, fully paid)
NOT Shared with Operators:
- Payment card numbers or CVV codes
- Bank account information
- Traveler's full payment transaction history
- Traveler's address (unless specifically required and requested)
11.3 Operator Obligations
(a) Permitted Data Use:
Operators may use Traveler data ONLY for:
- Delivering booked Activity (communication, logistics, safety)
- Fulfilling special requests
- Providing customer service related to Booking
- Complying with legal obligations (e.g., safety incident reporting)
(b) Prohibited Data Use:
Operators must NOT:
- Use Traveler data for marketing without explicit consent
- Share Traveler data with third parties (except as necessary for Activity delivery, e.g., subcontracted guides)
- Retain Traveler data longer than necessary (see Section 11.4)
- Use Traveler data to bypass Platform and solicit direct bookings
- Sell or monetize Traveler data
(c) Data Security:
Operators must implement appropriate technical and organizational security measures:
- Encryption at rest and in transit (HTTPS, encrypted email)
- Access controls (password protection, limited access to authorized personnel only)
- Secure storage (not on unencrypted USB drives, public computers, or unsecured cloud storage)
- Regular security updates (software, devices, systems)
- Staff training on data protection and confidentiality
(d) Subprocessors:
Operators may NOT engage subprocessors (third parties to process Traveler data) without:
- Prior written notification to WeWander
- Ensuring subprocessor complies with GDPR
- Binding subprocessor to equivalent data protection obligations
Examples of subprocessors: Email marketing services, CRM systems, booking management software.
11.4 Data Retention
(a) Operator Retention Limits:
Operators must delete Traveler personal data within 90 days after Booking Date, except:
- Longer retention required by law (e.g., tax records, safety incident documentation)
- Traveler provides explicit consent for longer retention
- Data necessary for legal claims or disputes (retain until resolved)
(b) Secure Deletion:
When deleting data:
- Permanently delete from all systems (computers, phones, cloud storage, backups)
- Shred or securely dispose of paper records
- Ensure data cannot be recovered
(c) WeWander Retention:
WeWander retains booking and transaction data for:
- 7 years (accounting, tax, and legal compliance)
- Longer if required by law or legal hold
11.5 Data Breach Notification
(a) Definition:
Data breach = unauthorized access, disclosure, alteration, or loss of Traveler personal data.
Examples:
- Laptop stolen containing Traveler data
- Email account hacked, exposing Traveler information
- Accidental email to wrong recipient revealing Traveler details
- Database breach or ransomware attack
(b) Operator Notification Obligation:
If Operator discovers or suspects data breach, Operator must notify WeWander within 24 hours by:
- Email to: info@wewander.tours
- Subject line: "DATA BREACH NOTIFICATION - URGENT"
- Include:
- Description of breach
- Data types affected (names, emails, phone numbers, etc.)
- Number of Travelers affected
- Date/time breach discovered
- Steps taken to mitigate breach
(c) WeWander's Response:
- Assess breach severity and regulatory notification requirements
- Notify supervisory authority (State Data Protection Inspectorate of Lithuania) if required (within 72 hours)
- Notify affected Travelers if high risk to rights and freedoms
- Coordinate with Operator on remediation
(d) Operator's Remediation Obligations:
- Contain breach immediately (e.g., change passwords, secure systems)
- Investigate root cause
- Implement corrective measures to prevent recurrence
- Cooperate fully with WeWander and authorities
- Document breach and response for compliance
(e) Liability:
Operator liable for:
- GDPR fines arising from Operator's data breach
- Traveler compensation claims
- WeWander's costs related to breach (investigation, notification, remediation)
11.6 Traveler Rights
Travelers have the following rights under GDPR:
(a) Right of Access:
Request copy of personal data held
(b) Right to Rectification:
Correct inaccurate or incomplete data
(c) Right to Erasure ("Right to be Forgotten"):
Request deletion of data (subject to legal exceptions)
(d) Right to Restrict Processing:
Limit how data is used
(e) Right to Data Portability:
Receive data in machine-readable format
(f) Right to Object:
Object to certain data processing activities
(g) Rights Related to Automated Decision-Making:
Not be subject to solely automated decisions with legal effects
Operator Obligations:
- Honor Traveler rights requests within GDPR timeframes (typically 30 days)
- Coordinate with WeWander if request involves both parties' data
- Verify Traveler identity before fulfilling requests
- Notify WeWander of all Traveler rights requests received
11.7 Cross-Border Data Transfers
(a) Within EU/EEA:
Data transfers between EU/EEA countries permitted without additional safeguards.
(b) Outside EU/EEA:
If Operator transfers Traveler data outside EU/EEA (e.g., to cloud storage provider in USA, to non-EU subprocessor):
Requirements:
- Ensure adequate level of protection (GDPR Art. 45 adequacy decision OR Art. 46 appropriate safeguards)
- Appropriate safeguards include:
- Standard Contractual Clauses (SCCs)
- Binding Corporate Rules
- Certification schemes (e.g., EU-US Data Privacy Framework, if applicable)
- Notify WeWander of cross-border transfers
- Obtain Traveler consent if required
11.8 Data Processing Agreement
Operator's data protection obligations are further detailed in the , which is incorporated by reference and forms part of these Terms.
Operators must read and comply with the DPA.
11.9 Supervisory Authority
The supervisory authority for data protection matters is:
- State Data Protection Inspectorate of the Republic of Lithuania
- Website: https://vdai.lrv.lt
- Travelers may lodge complaints with this authority
12. Audit and Verification Rights
12.1 Audit Scope
WeWander reserves the right to audit Operator Accounts at any time to verify compliance with these Terms.
Audit may include:
- Booking authenticity verification (checking for fake or fraudulent Bookings)
- Cancellation reason validation (verifying exempt reason claims)
- Pricing compliance checks (ensuring price parity, accurate pricing)
- Photo and content ownership verification (checking for copyright infringement)
- Insurance certificate verification
- License and permit verification
- Tax compliance verification (if required by law)
12.2 Audit Triggers
Audits may be triggered by:
- Suspicious activity patterns (unusual Booking patterns, high cancellation rate from same Travelers, etc.)
- Traveler complaints or reports
- Third-party intellectual property complaints
- Regulatory inquiries or legal requirements
- Random compliance spot-checks
- Performance metric anomalies
12.3 Audit Process
(a) Notification:
WeWander notifies Operator of audit and specific concern via email.
(b) Operator Response Window:
Operator has 7 business days to:
- Provide requested documentation or evidence
- Explain circumstances
- Address concerns raised
(c) WeWander Review:
WeWander reviews Operator's submission in good faith and makes determination based on evidence.
(d) Decision Communication:
WeWander communicates decision to Operator with reasoning.
12.4 Burden of Proof
(a) For Fraud or Fake Bookings:
WeWander provides evidence of suspected fraud (e.g., multiple Bookings from same IP address, pattern of cancellations with refunds, suspicious Traveler profiles).
Operator may rebut with evidence (e.g., legitimate explanation, proof Travelers are real and unrelated).
Preponderance of evidence standard applies (more likely than not).
(b) For Copyright/Content Ownership:
Third party provides evidence of ownership (original photos, copyright registration, earlier publication date).
Operator must prove ownership or license to use content (original photo files with metadata, purchase receipt, model release, permission from copyright holder).
(c) For Disputed Matters:
When evidence conflicting or inconclusive, WeWander exercises reasonable judgment. Operator may appeal to senior management.
12.5 Retroactive Adjustments
Upon discovery of violations, WeWander may:
(a) Commission Adjustments:
- Exclude fraudulent or fake Bookings from Commission calculations
- Recalculate Commissions retroactively for up to 24 months
- Invoice Operator for overpaid Commissions
- Withhold future Payouts to offset amounts owed
(b) Refund Corrections:
- Reverse improperly processed refunds
- Charge Operator for refunds issued in error
(c) Penalty Assessment:
- Assess penalties for intentional violations (see Section 12.7)
12.6 Operator Dispute Rights
(a) Dispute Window:
Operators have 5 business days from audit finding notification to dispute results with additional evidence.
(b) Dispute Submission:
- Provide compelling evidence not previously submitted
- Clarify misunderstandings
- Submit via Platform dispute form
(c) Review:
Senior management reviews dispute (not original auditor).
Decision typically within 5-10 business days.
(d) Final Determination:
Absent compelling evidence, WeWander's determination is final and binding.
12.7 Consequences of Violations
(a) Good Faith Errors:
Unintentional, isolated violations:
- Warning issued
- Requirement to correct violation
- No financial penalties (first offense)
(b) Negligent Violations:
Careless or reckless violations (e.g., failure to verify photo ownership, poor record-keeping):
- Formal warning
- Commission adjustment for affected Bookings
- Performance improvement plan
(c) Intentional or Systematic Violations:
Deliberate fraud, repeated violations, or systematic abuse:
- Commission withholding or forfeiture
- Retroactive Commission adjustments (up to 24 months)
- Immediate Account suspension or termination
- Legal action for damages
- Reporting to authorities (if criminal)
Examples:
- Fake Bookings to inflate rankings: Termination + repayment of Commissions
- Stolen photos: Removal + possible legal action by copyright holder
- False exempt cancellation claims: Penalties + potential termination
12.8 Cooperation Obligation
Operators must:
- Respond promptly to audit requests
- Provide truthful and complete information
- Grant access to relevant records (with appropriate privacy safeguards)
- Cooperate in good faith with investigation
Failure to cooperate may be treated as admission of violation.
13. Intellectual Property
13.1 Platform Intellectual Property
All WeWander branding, logos, trademarks, service marks, trade names, domain names, website content, Platform software, technology, algorithms, and designs remain the exclusive property of MB "Wewander" and its licensors.
Operator acquires NO ownership rights to Platform IP.
13.2 Limited License to Operators
WeWander grants Operators a limited, non-exclusive, non-transferable, revocable license to:
(a) Use WeWander Logo:
- Display WeWander logo on Operator website in connection with listed Activities
- Use logo in accordance with WeWander brand standards
- Permitted sizes, placements, and contexts as specified by WeWander
(b) Link to WeWander:
- Link to Operator's WeWander profile from personal or business website
- Use "Book on WeWander" or "As featured on WeWander" in marketing materials
(c) Reference WeWander:
- Mention WeWander in promotional communications
- State "Available for booking on WeWander"
- Reference WeWander in media interviews or press materials (factual statements only)
13.3 License Restrictions
Operators may NOT:
(a) Domain Registration:
- Register domains containing "WeWander" or confusingly similar variations
- Use domains implying official affiliation, partnership, or endorsement
- Register misspellings or typos of "WeWander"
(b) Trademark Use in Advertising:
- Use "WeWander" trademarks in paid search advertising (see Section 8.2(a))
- Bid on "WeWander" keywords or brand terms
- Use "WeWander" in ad copy or display URLs
(c) Brand Modification:
- Modify, alter, or create derivatives of WeWander logos or branding
- Change colors, fonts, proportions, or design elements
- Combine WeWander logo with other brands or elements without WeWander approval
(d) Misrepresentation:
- Imply endorsement, partnership, sponsorship, or affiliation beyond marketplace listing status
- Suggest WeWander operates or co-operates Activities
- Claim WeWander has verified or certified Operator (beyond identity verification)
(e) Post-Termination Use:
- Continue using WeWander branding after Account termination (30-day grace period to remove)
(f) Sublicensing:
- Sublicense or transfer usage rights to third parties
13.4 Operator Content License
By uploading Content (photos, descriptions, videos, graphics) to WeWander, Operator grants WeWander:
(a) License Grant:
A non-exclusive, worldwide, royalty-free, sublicensable, transferable license to:
- Display Content on WeWander Platform (website, mobile apps, APIs)
- Translate Content into other languages (automated or human translation)
- Modify, resize, crop, or reformat Content for Platform optimization and display across devices
- Use Content in marketing materials (newsletters, social media posts, advertisements, promotional campaigns)
- Sublicense Content to WeWander marketing partners and affiliates (e.g., meta-search engines, affiliate partners)
- Create derivative works (e.g., crop photo for thumbnail, overlay text for social media)
(b) License Duration:
While Activity Listed:
License continues in full force while Activity Listing active on Platform.
After Delisting (Operator removes Listing):
License continues for 90 days to allow cached content to expire from Platform and third-party services.
Promotional/Archival Use:
License survives indefinitely for:
- Marketing materials and promotional campaigns featuring Operator's Activity (with Operator credit)
- Historical archives and case studies
- Platform feature demonstrations
Operator Opt-Out:
Operators may request removal from promotional use by emailing info@wewander.tours. WeWander will remove Content from future marketing materials (existing materials may remain in circulation).
13.5 Content Ownership and Warranties
(a) Operator Retains Ownership:
Operator retains full ownership of uploaded Content. License granted to WeWander does not transfer ownership.
(b) Operator Warranties:
By uploading Content, Operator represents and warrants that:
- Operator owns Content OR has obtained all necessary rights, licenses, permissions, and consents to use and license Content
- Content does not infringe copyright, trademark, patent, trade secret, or other intellectual property rights of any third party
- Content does not violate privacy, publicity, or personality rights of any individual
- Operator has obtained model releases from all identifiable individuals in photos/videos
- Operator has obtained property releases for any privately-owned locations or recognizable property in photos/videos
- Content is accurate and not misleading
- Content is not defamatory, obscene, or illegal
(c) Consequences of Breach:
If Operator uploads Content in violation of these warranties:
- WeWander may remove Content immediately
- Operator liable for all claims, damages, and costs arising from infringement
- Operator may be subject to Account suspension or termination
- Operator must indemnify WeWander (see Section 13.6)
13.6 Indemnification for Intellectual Property Claims
Operator agrees to indemnify, defend, and hold harmless WeWander, its affiliates, directors, officers, employees, and agents against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from:
(a) IP Infringement:
- Alleged copyright infringement by Operator Content
- Alleged trademark infringement
- Alleged violation of personality or publicity rights
- Alleged violation of privacy rights
(b) Third-Party Claims:
- Claims by photographers, models, property owners, or other rights holders
- DMCA takedown notices or legal demands
(c) Operator's Breach:
- Breach of warranties in Section 13.5(b)
- Upload of unauthorized, stolen, or infringing Content
Indemnification Process:
1. WeWander notifies Operator of claim
2. Operator assumes defense (or WeWander may defend at Operator's expense)
3. Operator may not settle without WeWander's consent if settlement affects WeWander
4. Operator pays all costs, damages, and settlement amounts
13.7 Traveler Reviews and Content
(a) Review Ownership:
Reviews, ratings, and comments posted by Travelers on WeWander are owned by WeWander, not Operators.
(b) Operator Restrictions:
Operators may NOT:
- Republish Traveler reviews on external websites or marketing materials without WeWander's prior written permission
- Selectively republish only positive reviews (if permitted, must include representative sample)
- Edit, modify, or alter Traveler reviews
- Remove or hide reviews (even negative reviews)
- Use Traveler reviews for commercial purposes without permission
(c) Traveler-Submitted Photos:
Photos uploaded by Travelers during reviews are owned by Travelers. Operators may NOT use Traveler photos without:
- Explicit written consent from Traveler
- Proper attribution/credit
- Compliance with usage terms specified by Traveler
13.8 DMCA and Copyright Complaint Procedures
WeWander complies with EU E-Commerce Directive (2000/31/EC) and implements notice-and-takedown procedures for intellectual property complaints.
(a) Filing a Complaint:
If you believe Content on WeWander infringes your intellectual property rights, submit notice to:
- Email: info@wewander.tours
- Subject: "Copyright Infringement Complaint" or "Trademark Infringement Complaint"
Include:
- Your contact information (name, address, email, phone)
- Description of copyrighted work or trademark claimed to be infringed
- URL of infringing Content on WeWander
- Proof of ownership (copyright registration, original photo files, publication date, etc.)
- Statement of good faith belief that use is unauthorized
- Statement that information provided is accurate
- Your signature (electronic signature acceptable)
(b) WeWander's Response:
- Investigate complaint within 5-10 business days
- May remove Content pending resolution
- Notify Operator of complaint and removal
(c) Operator Counter-Notice:
If Operator believes Content was removed in error, Operator may submit counter-notice:
- Email: info@wewander.tours
- Subject: "Counter-Notice - Copyright Dispute"
Include:
- Your contact information
- Description of removed Content
- Proof of ownership or license to use Content (original files, purchase receipt, license agreement, permission from rights holder)
- Statement of good faith belief that Content was removed in error
- Consent to jurisdiction and legal process
- Your signature
(d) Reinstatement:
If counter-notice is valid and complainant does not file lawsuit within 14 days, WeWander may reinstate Content.
(e) Repeat Infringers:
Operators with repeated copyright infringement complaints (3+ substantiated claims) subject to Account termination.
13.9 Platform Technology and Trade Secrets
Operator acknowledges that WeWander's Platform technology, algorithms, business methods, and processes are confidential and proprietary.
Operator may NOT:
- Reverse engineer, decompile, or disassemble Platform software
- Attempt to discover source code or algorithms
- Copy, replicate, or create derivative works based on Platform technology
- Use Platform to develop competing marketplace or booking platform
- Scrape, data mine, or extract Platform data (except own Operator data via authorized export features)
- Disclose Platform technology or trade secrets to third parties
Violations may result in immediate Account termination and legal action for trade secret misappropriation.
14. Termination
14.1 Term
These Terms commence upon Account registration and continue until terminated by either party.
No minimum commitment period. Either party may terminate at any time in accordance with this Section 14.
14.2 Termination by Operator
(a) Voluntary Termination:
Operator may terminate Account at any time by:
- Logging into Account dashboard
- Navigating to Account Settings > Close Account
- Confirming termination
(b) Notice Period:
30 days written notice required.
During notice period:
- Operator must honor all confirmed Bookings OR cancel with full refund (cancellations during notice period do NOT count toward escalation limits)
- No new Bookings accepted (Listings automatically hidden)
- Operator continues to receive Payouts for completed Bookings
(c) Immediate Termination:
Operator may terminate immediately (without 30-day notice) if:
- No confirmed future Bookings exist
- Operator cancels all future Bookings with full refunds
14.3 Termination by WeWander
(a) Termination With Notice (30 Days):
WeWander may terminate Operator Account for any reason or no reason with 30 days written notice.
(b) Immediate Termination (For Cause):
WeWander may terminate Operator Account immediately (without notice) for:
Material Breach:
- Breach of these Terms that is not cured within 10 days of written notice
- Repeated Terms violations despite warnings
Fraud or Misconduct:
- Fraudulent Bookings or payment manipulation
- Identity fraud or false registration information
- Circumventing Platform to avoid Commission
- Soliciting Travelers for off-platform bookings
Safety Violations:
- Operating unsafe Activities
- Causing serious injury or death to Traveler
- Reckless disregard for safety standards
Excessive Cancellations:
- 5+ non-exempt cancellations in 6-month period (per Section 7.4(a))
- Pattern of unreliable performance
Legal Violations:
- Operating without required licenses or permits
- Violation of laws or regulations
- Court order or regulatory action requiring termination
Prohibited Activities:
- Listing prohibited Activities (per Section 4.6)
- Engaging in discriminatory practices
- Harassment or inappropriate conduct toward Travelers
Insurance Lapse:
- Failure to maintain required insurance (after 30-day cure period)
Payment Default:
- Failure to pay amounts owed to WeWander (refunds, chargebacks, penalties) after 30 days
- Unpaid invoices or outstanding debt
IP Infringement:
- Repeated copyright or trademark violations (3+ substantiated claims)
- Intentional infringement despite warnings
Account Sharing or Multiple Accounts:
- Sharing Account credentials with unauthorized parties
- Maintaining multiple Accounts (except with prior approval)
(c) Suspension Pending Investigation:
WeWander may temporarily suspend Account (hide Listings, prevent new Bookings) while investigating:
- Alleged Terms violations
- Traveler complaints or safety incidents
- Fraud suspicions
- Legal or regulatory inquiries
Suspension typically lasts 7-30 days. Operator notified of reason and expected resolution timeframe.
14.4 Effect of Termination
Upon termination (by either party):
(a) Existing Bookings:
- Operator's Obligation: Operator must honor all confirmed Bookings with Booking Dates after termination date
- Alternative: Operator may cancel with 100% refund to Travelers (does NOT count as cancellation if Account terminated)
- WeWander's Rights: If Operator fails to honor Bookings, WeWander may:
- Withhold all pending Payouts
- Charge Operator for refunds issued to Travelers
- Pursue legal action for breach
(b) Listings Removed:
- All Listings immediately removed from Platform and search results
- No new Bookings accepted
- Activity pages may remain accessible (cached) for 30-90 days but marked "No Longer Available"
(c) Final Payout:
- WeWander processes final Payout for completed Bookings within 30-60 days after termination, minus:
- Outstanding debts or amounts owed to WeWander
- Refunds for cancelled Bookings
- Chargebacks or disputes
- Penalties or fees
(d) Content License:
- Operator's Content license to WeWander (Section 13.4) continues for 90 days for cached content
- WeWander may continue using Content in promotional/archival materials (with Operator credit) unless Operator requests removal
(e) Data Deletion:
- Operator must delete all Traveler personal data within 30 days of termination (per Section 11.4)
- WeWander retains booking and transaction data per legal requirements (7 years)
(f) Confidentiality Survives:
- Confidentiality obligations continue for 5 years post-termination
(g) Liability and Indemnification Survive:
- Operator's indemnification obligations (Section 15) survive termination indefinitely for claims arising during Account period
(h) No Refund of Fees:
- No refund of Commissions paid or other fees (termination does not entitle Operator to retroactive refunds)
14.5 Re-Application After Termination
(a) Voluntary Termination:
Operators who voluntarily terminate may re-apply for new Account after 30 days.
Subject to WeWander's approval. Prior performance considered.
(b) Termination for Cause:
Operators terminated for cause may NOT re-apply without WeWander's prior written consent.
Automatic rejection for:
- Fraud or intentional misconduct
- Safety violations causing serious harm
- Repeated IP infringement
- Legal violations
(c) Ban for Serious Violations:
WeWander may permanently ban Operators from Platform for:
- Fraudulent activity
- Criminal conduct
- Gross safety violations
- Egregious Terms violations
Banned Operators may not create new Accounts under any name or entity.
15. Limitation of Liability and Indemnification
15.1 Platform as Intermediary (Reiteration)
WeWander operates solely as a marketplace platform connecting Travelers with Operators.
WeWander is NOT:
- A tour operator or service provider
- A travel agent or booking agent
- A party to contracts between Travelers and Operators
- A guarantor of Operator performance or Activity quality
- A licensor of tour guides or activity providers
15.2 Operator Sole Responsibility
Operators are solely and exclusively responsible for:
(a) Activity Delivery:
- Quality, safety, and delivery of Activities as described
- Providing services meeting Traveler expectations
- Ensuring Activities match Listing descriptions
(b) Legal Compliance:
- Obtaining and maintaining all necessary licenses, permits, and authorizations
- Complying with all applicable local, national, and EU laws and regulations
- Paying all required taxes and fees
- Meeting tourism, safety, and consumer protection requirements
(c) Insurance:
- Obtaining and maintaining required insurance coverage (per Section 9)
- Ensuring insurance remains valid and current
- Naming WeWander as Additional Insured (where required)
(d) Safety:
- Ensuring Activity safety through appropriate equipment, training, and protocols
- Conducting risk assessments
- Implementing emergency procedures
- Maintaining equipment in safe working condition
(e) Personnel:
- Actions and omissions of Operator's employees, staff, subcontractors, suppliers, and agents
- Ensuring personnel are qualified, trained, and authorized
- Supervising personnel and maintaining quality standards
(f) Accuracy:
- Accuracy and truthfulness of all Listing content, photos, and information
- Updating Listings when Activity details change
15.3 WeWander Liability Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LITHUANIAN AND EU LAW, WEWANDER AND ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS (COLLECTIVELY, "WEWANDER PARTIES") ARE NOT RESPONSIBLE OR LIABLE FOR:
(a) Operator Actions:
- Operator errors, omissions, negligence, or misconduct
- Operator's failure to deliver Activities as described
- Operator's breach of contract with Travelers
- Operator's violation of laws or regulations
(b) Injuries and Damages:
- Personal injury, death, or property damage occurring during Activities
- Medical expenses, lost wages, or other consequential damages resulting from Activities
- Emotional distress or psychological harm
(c) Quality and Suitability:
- Quality, safety, or suitability of Activities
- Whether Activities meet Traveler's expectations or requirements
- Accuracy of Operator's descriptions or representations
(d) Operator Defaults:
- Operator cancellations, no-shows, or schedule changes
- Operator insolvency or financial failure
- Operator's failure to maintain insurance
(e) Force Majeure:
- Natural disasters, pandemics, war, terrorism, or government actions affecting Activities
- Weather conditions preventing Activity delivery
- Infrastructure failures or transportation disruptions
(f) Traveler Conduct:
- Traveler disputes with Operators
- Traveler violations of Activity rules or safety protocols
- Traveler property loss or theft during Activities
(g) Third-Party Services:
- Payment processor failures or errors
- Email delivery failures
- Third-party integrations or APIs
- Internet service or hosting disruptions
(h) Platform Availability:
- Platform downtime for maintenance, updates, or unforeseen technical issues
- Platform errors, bugs, or glitches
- Data loss or corruption (except where caused by WeWander's gross negligence)
- Security breaches or hacking (except where caused by WeWander's gross negligence)
15.4 Maximum Liability Cap
IN NO EVENT SHALL WEWANDER PARTIES' TOTAL AGGREGATE LIABILITY TO OPERATOR FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS, THE PLATFORM, OR OPERATOR'S ACCOUNT EXCEED THE LESSER OF:
(a) Total Commission fees paid by Operator to WeWander in the twelve (12) months immediately preceding the claim, OR
(b) Five Hundred Euros (€500)
This cap applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise).
15.5 Excluded Damages
WEWANDER PARTIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING:
(a) Business Losses:
- Lost profits or revenue
- Lost business opportunities
- Loss of customers or bookings
- Loss of goodwill or reputation
- Business interruption
(b) Data and Information:
- Lost data or information
- Corruption of data
- Cost of data recovery
(c) Substitute Services:
- Cost of obtaining substitute services
- Cost of alternative platforms or systems
(d) Punitive Damages:
- Punitive, exemplary, or multiplied damages
- Statutory damages beyond actual damages
This exclusion applies even if WeWander has been advised of the possibility of such damages.
15.6 Exceptions to Limitation
The liability limitations in Sections 15.3, 15.4, and 15.5 do NOT apply to:
(a) Gross Negligence or Willful Misconduct:
- WeWander's intentional misconduct
- WeWander's gross negligence
(b) Death or Personal Injury:
- Death or personal injury caused directly by WeWander's negligence (not Operator's negligence)
(c) Fraud:
- Fraud or fraudulent misrepresentation by WeWander
(d) Non-Excludable Liabilities:
- Liabilities that cannot be excluded or limited under mandatory Lithuanian law or EU law
15.7 Platform Provided "AS IS"
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WeWander disclaims all warranties, including:
(a) Implied Warranties:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Title
(b) Performance Warranties:
- Platform will be uninterrupted, error-free, or secure
- Platform will meet Operator's requirements
- Results obtained from Platform will be accurate or reliable
- Defects will be corrected
(c) Business Warranties:
- Minimum booking volume or revenue
- Specific search ranking or visibility
- Traveler satisfaction
- Operator success
15.8 Operator Indemnification
Operator agrees to indemnify, defend, and hold harmless WeWander Parties from and against any and all third-party claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees, expert witness fees, court costs, and settlement amounts) arising from or related to:
(a) Activity Delivery:
- Operator's provision of Activities, including injuries, damages, or losses suffered by Travelers or third parties during Activities
- Operator's negligence, misconduct, or violations in operating Activities
(b) Terms Breach:
- Operator's breach of these Terms
- Operator's violation of any representations, warranties, or obligations in these Terms
(c) Legal Violations:
- Operator's violation of laws, regulations, or third-party rights
- Operator's failure to obtain or maintain required licenses, permits, or insurance
- Operator's infringement of intellectual property rights (per Section 13.6)
(d) Content:
- Inaccurate, misleading, or fraudulent information in Operator's Listings
- Operator-uploaded Content (copyright infringement, defamation, privacy violations, etc.)
(e) Personnel:
- Actions or omissions of Operator's employees, contractors, subcontractors, or agents
(f) Data Protection:
- Operator's violation of GDPR or data protection obligations (per Section 11)
- Data breaches caused by Operator's security failures
15.9 Indemnification Process
(a) Notice:
WeWander will notify Operator promptly of any claim subject to indemnification.
(b) Defense:
Operator may assume defense of claim with counsel of Operator's choice (subject to WeWander's approval, not to be unreasonably withheld).
Alternatively, WeWander may assume defense at Operator's expense if:
- Operator fails to assume defense within 10 days
- Claim poses significant risk to WeWander
- Operator's chosen counsel unacceptable to WeWander
(c) Cooperation:
Operator must cooperate fully with WeWander in defense of claim, including:
- Providing information and documentation
- Making personnel available for depositions or testimony
- Assisting with investigation and discovery
(d) Settlement:
Operator may not settle claim without WeWander's prior written consent if settlement:
- Admits liability on behalf of WeWander
- Requires WeWander to take or refrain from any action
- Imposes obligations on WeWander
- Does not fully release WeWander from all liability
(e) Payment:
Operator must pay all:
- Defense costs (attorneys' fees, expert fees, court costs)
- Settlement amounts
- Judgments or damages awarded against WeWander
- WeWander's internal costs related to claim
15.10 Survival
Operator's indemnification obligations under this Section 15 survive termination of these Terms indefinitely for claims arising from Activities or conduct during Account period.
15.11 Acknowledgment
By accepting these Terms, Operator acknowledges and agrees that:
(a) Risk Allocation:
- Operator bears primary legal and financial responsibility for Activity operations
- Platform fees (10% Commission) reflect WeWander's limited intermediary role, not full risk assumption or quality guarantee
(b) Insurance Imperative:
- Operator must maintain appropriate insurance coverage to protect against risks
- WeWander's liability limitations make Operator's insurance essential
(c) Independent Investigation:
- Travelers are responsible for independently verifying Operator credentials, reviews, and suitability
- WeWander does not guarantee Operator qualifications or Activity quality
(d) Voluntary Acceptance:
- Operator voluntarily accepts these liability limitations as material terms
- Operator would not be permitted to use Platform without these limitations
16. Dispute Resolution
16.1 Informal Resolution
Before initiating formal legal proceedings, parties agree to attempt good-faith informal resolution.
(a) Notice of Dispute:
Party asserting dispute must send written notice to other party:
- To WeWander: info@wewander.tours
- To Operator: Email address on file in Account
- Subject: "DISPUTE NOTICE - [brief description]"
Notice must include:
- Description of dispute
- Basis for claim
- Proposed resolution
- Contact information
(b) Negotiation Period:
Parties will negotiate in good faith for 30 days from dispute notice.
(c) Escalation:
If unresolved after 30 days, either party may escalate to mediation or litigation per Sections 16.2-16.4.
16.2 Mediation (Optional)
(a) Voluntary Mediation:
Parties may agree to non-binding mediation before pursuing litigation.
(b) Mediator Selection:
- Parties jointly select neutral mediator
- If cannot agree: Each party nominates one mediator, nominated mediators select third mediator
(c) Mediation Costs:
- Mediator fees and administrative costs split 50/50 between parties
- Each party bears own attorneys' fees
(d) Mediation Location:
- Vilnius, Lithuania (in-person or video conference)
(e) Confidentiality:
Mediation communications confidential and inadmissible in subsequent proceedings (except as required by law).
(f) Non-Binding:
Mediation is non-binding. Either party may terminate and proceed to litigation at any time.
16.3 Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of Lithuania, without regard to conflicts of law principles.
EU Law Application:
As WeWander operates within the European Union, these Terms are also subject to applicable EU directives and regulations, including:
- Regulation (EU) 2016/679 (GDPR)
- Directive 2011/83/EU (Consumer Rights Directive)
- Directive (EU) 2015/2302 (Package Travel Directive) - where applicable
- Directive 2000/31/EC (E-Commerce Directive)
- Directive 93/13/EEC (Unfair Terms in Consumer Contracts Directive)
Where EU law conflicts with Lithuanian law, EU law prevails.
16.4 Jurisdiction and Venue
(a) Exclusive Jurisdiction:
Any disputes, claims, or legal actions arising from or relating to these Terms, the Platform, or Operator's Account shall be subject to the exclusive jurisdiction of the courts of Vilnius, Lithuania.
(b) Consent to Jurisdiction:
Operator irrevocably consents to jurisdiction in Vilnius, Lithuania and waives any objection to venue or inconvenient forum.
(c) Exception for Cross-Border Consumer Disputes:
For disputes involving Travelers (consumers) from other EU countries, EU Online Dispute Resolution (ODR) platform may be used:
- ODR Platform: https://ec.europa.eu/consumers/odr
- Facilitates dispute resolution between businesses and consumers across EU
However, Operator disputes with WeWander (B2B disputes) NOT subject to ODR; must proceed under Section 16.4(a).
16.5 Language
Dispute resolution proceedings (mediation, arbitration, litigation) shall be conducted in English.
If translation required, each party bears cost of its own translation services.
16.6 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPERATOR AGREES TO BRING CLAIMS AGAINST WEWANDER ONLY IN OPERATOR'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION.
(a) No Class Actions:
Operator waives right to participate in class action lawsuits against WeWander.
(b) No Consolidation:
Operator waives right to have dispute consolidated with disputes of other Operators.
(c) No Representative Actions:
Operator may not act as representative or private attorney general on behalf of other Operators.
(d) Severability:
If class action waiver found unenforceable, remainder of arbitration/dispute resolution provisions remain enforceable.
16.7 Statute of Limitations
Any claim or action arising from these Terms must be commenced within ONE (1) YEAR from the date the cause of action arose.
After one year, claim is barred and may not be asserted.
Exception: Claims for indemnification may be asserted within applicable statutory period for underlying third-party claim.
16.8 Injunctive Relief
Notwithstanding Section 16.1 (informal resolution requirement), either party may seek immediate injunctive or equitable relief in court if:
- Irreparable harm will result from delay
- Provisional measures necessary to preserve rights or evidence
- Emergency relief required
Examples:
- WeWander seeks injunction to prevent Operator from misusing trademarks
- Operator seeks emergency relief to prevent wrongful Account termination before important bookings
17. General Provisions
17.1 Independent Contractors
(a) Relationship:
Operator is an independent contractor, NOT an employee, agent, partner, joint venturer, or franchisee of WeWander.
(b) No Employment Rights:
Operator not entitled to:
- Employee benefits (health insurance, retirement, paid leave)
- Workers' compensation
- Unemployment insurance
- Employment protections under labor law
(c) Tax and Benefits Responsibility:
Operator solely responsible for:
- Paying income tax, self-employment tax, and business taxes
- Obtaining health insurance and benefits
- Registering as self-employed or business entity
- Making social security or pension contributions (if required)
(d) Control and Independence:
- Operator controls manner and means of providing Activities
- Operator sets own schedule and determines how to conduct Activities
- WeWander does not supervise day-to-day operations
- Operator may work with other platforms or clients
(e) No Authority:
Operator has NO authority to:
- Bind WeWander to contracts or commitments
- Make representations on behalf of WeWander
- Incur debts or obligations in WeWander's name
- Act as WeWander's agent
17.2 Assignment
(a) Operator Assignment Prohibited:
Operator may NOT assign, transfer, delegate, or sublicense these Terms or Account without WeWander's prior written consent.
Prohibited assignments include:
- Selling or transferring Account to another individual or entity
- Allowing another person to operate Account
- Merging or transferring business and including Account
(b) Attempted Assignment Void:
Any attempted assignment without consent is void and constitutes material breach.
(c) WeWander Assignment Permitted:
WeWander may assign these Terms without Operator consent to:
- Affiliate, subsidiary, or parent company
- Successor entity in merger, acquisition, or asset sale
- Third party acquiring all or substantially all of WeWander's business
(d) Assignment Notice:
WeWander will notify Operators of assignment. These Terms remain binding on Operator after assignment.
17.3 Entire Agreement
(a) Complete Agreement:
These Terms, together with all incorporated documents, constitute the entire agreement between Operator and WeWander regarding the subject matter.
(b) Supersedes Prior Agreements:
These Terms supersede all prior or contemporaneous agreements, understandings, negotiations, discussions, proposals, and representations, whether oral or written.
(c) No Oral Modifications:
No oral statements or agreements modify these Terms. Modifications must be in writing per Section 17.9.
(d) Incorporated Documents:
The following documents are incorporated by reference and form part of these Terms:
- (GDPR Compliance)
17.4 Severability
(a) Invalid Provisions:
If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be:
- Modified to the minimum extent necessary to make it enforceable, OR
- If modification not possible, severed from these Terms
(b) Remainder Continues:
The invalidity of one provision does not affect the validity or enforceability of remaining provisions, which continue in full force and effect.
(c) Substitute Provision:
If a provision is severed, parties agree to negotiate in good faith to replace it with a valid, enforceable provision reflecting the original intent as closely as possible.
17.5 Waiver
(a) No Implied Waiver:
Failure by WeWander to enforce any provision of these Terms, or to exercise any right or remedy, does NOT constitute waiver of that provision, right, or remedy.
(b) Continuing Obligations:
Waiver of breach does not waive subsequent breaches. All obligations continue unless expressly waived in writing.
(c) Written Waiver Required:
Waivers must be in writing and signed by authorized WeWander representative to be effective.
(d) No Custom or Practice:
No course of dealing, custom, or practice modifies these Terms unless agreed in writing.
17.6 Force Majeure
(a) Excused Performance:
Neither party shall be liable for failure or delay in performance due to causes beyond its reasonable control, including:
Natural Events:
- Earthquakes, hurricanes, floods, fires, tsunamis
- Pandemics, epidemics, public health emergencies
- Extreme weather events
Human Events:
- War, armed conflict, invasion, terrorism
- Civil unrest, riots, insurrection
- Government actions, laws, regulations, orders, or embargoes
- Labor disputes, strikes, lockouts (not involving party's own employees)
Infrastructure Failures:
- Telecommunications or internet service outages (not caused by party's failure to pay)
- Power outages or utility failures
- Transportation disruptions
Cyber Events:
- Cyberattacks, hacking, DDoS attacks (despite reasonable security measures)
(b) Notice Required:
Party claiming force majeure must:
- Notify other party promptly (within 5 business days of event)
- Describe event and expected duration
- Provide reasonable updates
(c) Mitigation:
Party claiming force majeure must use reasonable efforts to:
- Minimize impact of event
- Resume performance as soon as practicable
- Implement workarounds or alternative solutions
(d) Obligations Suspended:
Performance obligations suspended during force majeure event. Timeframes extended by duration of event.
(e) Termination for Prolonged Force Majeure:
If force majeure event continues for more than 60 days, either party may terminate these Terms upon written notice without liability.
17.7 Notices
(a) Notice Methods:
All notices under these Terms must be in writing and sent to:
To WeWander:
- Email: info@wewander.tours (for legal notices)
- Email: info@wewander.tours (for general inquiries)
- Mail: MB "Wewander", Kalvarijų g. 149-52, LT-08352, Vilnius, Lithuania
To Operator:
- Email: Primary email address on file in Account
- Platform: In-app notification via Account dashboard
(b) Effective Date:
Notices effective:
- Email: Upon sending (if during business hours) OR next business day (if sent outside business hours)
- Mail: 5 business days after posting
- Platform notification: Upon posting to Account dashboard
(c) Operator Responsibility:
Operator must:
- Monitor email account regularly
- Check Account dashboard for Platform notifications
- Update email address if it changes
WeWander not responsible for notices sent to outdated email address on file.
17.8 Amendments to Terms
(a) Right to Amend:
WeWander reserves the right to modify, amend, or update these Terms at any time.
(b) Notice of Changes:
- Material Changes: 30 days advance notice via email and Platform notification
- Minor Changes: Notice via Platform notification and posting updated Terms (effective immediately)
Material changes include:
- Commission rate increases
- Liability limitation changes
- Termination rights changes
- New restrictions on Operator activities
(c) Acceptance of Changes:
- Material Changes: Require explicit acceptance (click "I Accept" upon next Account login)
- Minor Changes: Deemed accepted by continued use of Platform after posting
(d) Rejection of Changes:
If Operator does not accept material changes, Operator may terminate Account per Section 14.2 without penalty.
(e) Terms Version:
Current Terms version and effective date displayed at top of document. Operators encouraged to review periodically.
17.9 Language and Translation
(a) Official Language:
The official language of these Terms is English.
(b) Russian Translation:
Russian translation provided for Operator convenience.
(c) Conflict:
In the event of conflict or inconsistency between English and Russian versions, the English version controls and prevails.
(d) Interpretation:
These Terms interpreted in accordance with English language meanings and Lithuanian legal standards.
17.10 Headings
Section headings, titles, and captions are for convenience and reference only. They do NOT:
- Limit or affect the meaning of provisions
- Constitute part of these Terms for interpretation purposes
- Create substantive rights or obligations
17.11 Counterparts and Electronic Signatures
(a) Electronic Acceptance:
These Terms may be accepted electronically by clicking "I Accept" or registering an Account.
(b) Electronic Signatures Valid:
Electronic signatures, clickwrap acceptance, and digital consents are valid and enforceable under Lithuanian law and EU eIDAS Regulation (Regulation (EU) No 910/2014).
(c) Multiple Counterparts:
These Terms may be executed in counterparts (e.g., separate signature pages), each constituting an original, all together constituting one agreement.
17.12 Third-Party Beneficiaries
These Terms are for the benefit of WeWander and Operator only. No third party (including Travelers, subcontractors, or other parties) has any right to enforce or benefit from these Terms.
Exception: WeWander affiliates, directors, officers, employees, and agents are third-party beneficiaries of Operator's indemnification obligations (Section 15.8).
17.13 Survival
The following provisions survive termination of these Terms:
- Section 5 (Payout obligations and calculations)
- Section 11 (Data Protection - deletion obligations and confidentiality)
- Section 12 (Audit Rights - for period audited)
- Section 13 (Intellectual Property - Content license and IP indemnification)
- Section 14.4 (Effect of Termination)
- Section 15 (Limitation of Liability and Indemnification)
- Section 16 (Dispute Resolution)
- Section 17 (General Provisions - as applicable)
17.14 No Joint Venture or Partnership
Nothing in these Terms creates or shall be deemed to create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between WeWander and Operator.
17.15 Cumulative Remedies
Rights and remedies under these Terms are cumulative and in addition to (not in lieu of) any other rights or remedies available at law or in equity.
17.16 Publicity and Press Releases
Neither party may issue press releases or public statements regarding these Terms or the relationship between parties without other party's prior written consent.
Exception: Operator may reference listing on WeWander in factual manner (e.g., "Available for booking on WeWander").
17.17 Contact Information
For questions about these Terms:
- Email: info@wewander.tours
For general support:
- Email: info@wewander.tours
- Platform: Help Center (via Account dashboard)
For data protection inquiries (GDPR):
- Email: info@wewander.tours
- Supervisory Authority: State Data Protection Inspectorate of Lithuania (https://vdai.lrv.lt)
18. Acceptance of Terms
By clicking "I Accept," registering an Account, or listing an Activity on the WeWander Platform, you acknowledge that:
1. You have read, understood, and agree to be bound by these Operator Terms and Conditions in their entirety.
2. You have read and agree to the incorporated documents:
3. You understand that these Terms constitute a binding legal contract between you and MB "Wewander".
4. You represent that you have the legal authority to enter into this agreement.
5. You acknowledge that WeWander operates as a marketplace intermediary and is not responsible for Activity delivery or quality.
6. You understand your obligations regarding insurance, safety, legal compliance, data protection, and all other provisions of these Terms.
7. You consent to electronic communications and notifications from WeWander regarding your Account.