Retreat Organiser Terms

Retreat Organiser Terms

These Retreat Organiser Terms shall be applicable only to the retreat organisers who have signed up as a Retreat Organiser on our website – www.zenbooking.com (hereinafter referred to as the “Platform” or “Site”), as made available by Zen Booking GmbH, a company having its principal office address at Bahnhofstrasse 30, 6300 Zug, Switzerland.

 

These Terms will be deemed as accepted by you by accessing the Platform or by using or registering as a Provider/retreat organisers or by publishing your retreat listing on the Platform or by accepting booking or payments through our website or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms.

 

In addition to these Terms, our Cancellation & Refund Policy, Community Guidelines, Cookie Policy, and Privacy Policy statement posted on the Site shall also be applicable to you. 

 

1. 1. DEFINITIONS

For the purposes of these Retreat Organiser Terms, the following capitalised terms shall have the following meaning: 

1. i. ‘Terms’ shall refer to these Retreat Organiser Terms, as applicable to the retreat organisers (Service Providers) registered on our Platform.

2. ii. ‘Company’ shall refer to Zen Booking GmbH, a company having its principal office address at Bahnhofstrasse 30, 6300 Zug, Switzerland.

3. iii. ‘User(s)’ or ‘Client(s)’ shall refer to the users or clients who book the services of the retreat organisers (Service Providers), and make payments to them through the Platform.

4. iv. ‘Service’ shall mean the services of the booking and secure payment offered to you and the clients by Zen Booking. 

5. v. ‘Privacy Policy’ shall refer to the Privacy Policy statement posted on our website.

6. vi. ‘Service Provider’ shall refer to you, the retreat organiser who has registered on our Platform as a Provider in order to list retreat, and accept booking and payment from the clients. This shall also include your members/owners, directors, employees, contractors and agents.

7. vii. ‘Website’ shall refer to www.zenbooking.com.

 

2. 2. ACCEPTANCE OF THESE TERMS

By registering on our Platform as a ‘Provider’ or by using or accessing the Platform as a Provider, or by listing your retreat or accepting bookings and payments from your clients on the Platform, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that you have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the website.

 

3. 3. UPDATES

From time to time, we will bring new updates to our website, mostly in order to enhance your experience and/or to improve the safety and security of our Platform, Service Providers and clients, or for any other reason as we deem fit at our sole discretion. You agree not to employ any methods to block such updates.

 

4. 4. ACCOUNT REGISTRATION AND VERIFICATION

1. a. Account Registration: To access the Platform as a retreat organiser (Service Provider),you are required to sign up and create an account with us as a Provider.When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself, your listing, retreat, and your services. As part of the registration process, you will create a password and an account.

2. b. Registration Details and Verification: While registering the account on the Platform, you may be required to furnish details about you, your retreat, services, and location. You agree and acknowledge that we reserve the right to, directly or through a third-party service, validate the information provided by you on the Platform. You agree to furnish additional information and provide documentary proof as may be requested by us, from time to time, for the purposes of verification of your Service Provider account information. If any information provided by you is found to be incorrect or misleading, we reserve our right to take appropriate steps as set forth under Section 4(d) of these Terms. We reserve the right to seek additional information from you about you and your services, from time to time and you consent to provide such additional information to continue using the Platform.

3. c. Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, (b) ensure that you exit from your account at the end of each session, (c) not give access to your Platform account details (including password) to any third party. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.

4. d. Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account, and refuse current or future use of any or all of the Services.

 

5. 5. SERVICE PROVIDER’S OBLIGATIONS, REPRESENTATIONS AND WARRANTIES

   1. i. You represent, warrant and agree that: 

      1. a. In case you are an individual: you are a person of sound mind and at least of a minimal legal age as per the laws of the jurisdiction to which you are subject and are fully able and competent to understand and agree to these Retreat Organiser Terms;

      2. b. In case you are a business entity: you are lawfully incorporated/registered, and in good standing with the applicable laws of your jurisdiction. Further, the person who is creating an account of your company must have all the necessary permission, consent and authorization to create an account on behalf of your company; 

      3. c. you have read, understood and consented to our Cancellation & Refund Policy, Community Guidelines, Cookie Policy, and Privacy Policy statement posted on the Site;

      4. d. you shall use the Platform for receiving bookings and payments for your retreats; 

      5. e. you shall comply with all applicable laws while providing your service to the clients;

      6. f. once you accept a booking and/or payment, you must honour the terms of the booking at the scheduled time and agreed price, unless you cancel or reschedule with the prior consent of the user/customer;

      7. g. you shall write all the terms and conditions related to your retreat in a professional and easy-to-understand manner;

      8. h. you shall also be responsible for framing a reasonable and acceptable cancellation policy, which must not be unreasonable or arbitrary;

      9. i. you shall be bound by your terms and conditions (including cancellation policy);

      10. j. you shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required) regarding any service that you provide; 

      11. k. any photos, videos, description, or content that you post about your services is true, complete and not misleading, and the same does not and will not violate the intellectual property rights of any third-party; 

      12. l. you are responsible to update the packages availability if you receive the booking outside our platform. For the bookings made on Zen Booking, the availability is automatically updated;

      13. m. you will be polite, generous and professional in your interaction and dealing with the clients, and will not abuse, harass, or be rude to them;

      14. n. you are not allowed to publish the listings that are offering any activity or services that are harmful, or against the local laws (for example plant medicine, psychoactive plants or drugs);

      15. o. you must not pay or otherwise force or manipulate clients to write feedback about your services on the Platform;

      16. p. you will always keep the welfare and interests of the clients above everything; and you will not make false proclamation about your qualification or experience or expertise in any circumstance;

      17. q. you are responsible to issue the invoice to the client for the ordered service;

   2. ii. Service Providers may be required to provide various information about them as part of the registration process on the Platform or your use of any Service or the Service Provider account. Service Provider represents, warrants and agrees that: 

      1. a. such information, document, certificate and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or Service is true, accurate, current and complete; and 

      2. b. Service Provider will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

   3. iii. Service Providers are required to behave professionally with the clients of Zen Booking. Any misbehaviour, unprofessional conduct, verbal and physical abuse is prohibited and will be considered as a violation of these Terms. 

 

The failure of the Service Provider to comply with any of the above, or any other provision of these Terms can lead to necessary action taken by Zen Booking, including without limitation, suspension or removal of the account and/or listing, and take other legal recourse, at the sole discretion of Zen Booking.

 

6. 6. LISTING

1. a. Creating a listing: In order to accept the bookings and payments for your retreats, you are required to create and publish a listing. While creating the listing, you will be required to furnish details and information about you, your retreat, and activities. You will also be required to upload photos/videos. You must use such photos, videos, and content that you have the right to use. You must also create terms and conditions for your retreat (including cancellation policy). Your terms and conditions (including cancellation policy) shall be reasonable and acceptable, and not unreasonable and arbitrary. You shall be bound by your terms and conditions (including cancellation policy). You must accept and issue refunds strictly in accordance with your cancellation policy. 

2. b. Description: You shall provide as much information about the retreat as possible. The information and description must accurately describe the retreat and the retreat program, location, retreat activities, provided accommodation, instruction language, and information on how to best travel to the retreat location. 

3. c. Booking:

   When a client requests a booking, you will be notified via email. You must confirm the availability and price through your account under the booking details. This confirmation must be completed within 48 hours; otherwise, the booking request will expire.

   Upon your confirmation, we will charge the client a 10% deposit based on the total booking value. This deposit is retained by ZenBooking as our booking service fee (commission).

   You are responsible for communicating directly through our messaging system with the client regarding the payment method and schedule for the remaining 90% of the booking value.

   If a referral originates through the platform but the booking is completed outside of our booking system, it will be considered a breach of our terms. This includes any instance where a client contacts you directly after discovering your listing on the platform, or if you provide personal contact details to share additional information, leading to the booking being finalised outside the platform.

   You are required to make every reasonable effort to direct clients to complete their bookings through the platform. Doing so allows you to maintain your status as a verified provider and benefit from verified reviews, which enhance your credibility and visibility on ZenBooking.

   If completing the booking outside the platform is unavoidable, you are obligated to pay the applicable service fee as outlined in section 7.c.

    

4. d. Queries: You are responsible for all the timely communication with the client for handling their queries to provide them with all the additional information they require about the stay, check in, transport etc. All communication with clients must be conducted exclusively through the platform's messaging system. Exchanging contact details or any information that could result in bypassing the platform and avoiding payment of ZenBooking’s commission is strictly prohibited.

5. e. Pricing: The price is per retreat package. The package must include accommodation, retreat activity program, food, etc. All what is included has to be clearly described in the listing description. What is not included and will be required to be paid later must be clearly stated as well. You are allowed to set your own prices for the retreats. However, the price of retreat packages that you publish on Zen Booking must be equal to or lower than the price that you publish on any other platform (such as your website, other website, Facebook, Instagram, or any other channels). You should include all the local taxes within the price.

6. f. Approval: All retreats require the admin approval before being published on Zen Booking. We reserve the right to disapprove the listing in case the same violates any of the provisions of this Retreat Organiser Terms, our Community Guidelines, or applicable law. 

7. g. Language: Zen Booking presently supports English language. However, we plan to roll out certain other languages soon. You can choose the main language of the retreat and the other languages in the retreat registration section. Let’s suppose the main instruction language chosen by you is German, in that case, you are allowed to make the description of the retreat in German language. However, there are the pre-set headlines and texts that cannot be currently displayed in any other language than in English. Now since in our example, your retreat is solely for the German speaking clients, therefore, you are also allowed to have your terms and conditions in the German language. **The mention of the ‘German’ language in this section is merely for illustration purposes. This could also be any other language chosen by you for your retreat.

 

7. 7. PAYMENTS TO SERVICE PROVIDERS AND SERVICE FEE

1. a. Free Account: There are no fees or charges for creating an account on Zen Booking or to apply as Provider or to publish a listing. 

2. b. Own Prices: You are allowed to set your own prices for the services. However, the price of retreat packages that you publish on Zen Booking must be equal to or lower than the price that you publish on any other platform (such as your website, other website, Facebook, Instagram, or any other channels).

3.  c. Service Fee: ZenBooking charges Service Providers a service fee of 10% of the total retreat package booking value made through our Platform (hereinafter referred to as the “Service Fee”). This fee is automatically deducted from the initial deposit payment made by the client upon confirming the reservation..
   ZenBooking will provide you with an invoice for the Service Fee deducted. Providers must consider this fee as part of the price already paid by the client for the retreat package and may only request payment for the remaining balance.
   If, under any circumstances, a client books directly with you after discovering your venue on ZenBooking, you are required to immediately inform us of the total booking value and pay the applicable commission for that booking.
   ZenBooking reserves the right to modify the Service Fee at its sole discretion. You will be notified in advance of any such changes.
   

4. d. Checking Listing’s Commission Rate: You can check up your listing’s commission rate in the administration zone/ listing’s settings.

5. e. Deposit: A deposit payment of 10% of the booking value (unless otherwise agreed) is charged at the time of booking. This deposit is retained by ZenBooking as our booking service fee (commission).

6. f. Balance: The remaining 90% of the payment is organized directly between the provider and the client. You are responsible for agreeing with the client on the payment method and the due date. The 10% deposit retained by ZenBooking as a service fee must be considered part of the total payment already made by the client. You are not permitted to charge the client more than the total amount stated at the time of booking.
   All transfer, currency exchange, or bank fees must be included in your pricing and cannot be charged to the client as additional costs.

7. g. Taxes: Service Providers are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Service Providers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. 

 

8. 8. OWNERSHIP AND INTELLECTUAL PROPERTY

1. a. Rights of Zen Booking: This website, domain (www.zenbooking.com), platform, its logos, its content, designs, trademarks, trade dress, trade name, all of our features, functionalities and services, shall remain the sole property of Zen Booking, and/or its licensors, as the case may be. Your use of or access to this Site, platform, or availing of our Services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Site, platform, our services, any content (except your own content), designs, published by us or our licensors or third parties. 

2. b. Your Rights: The content, including without limitation, bio, listing, content, or description that you write or upload, and other information that you post or share may be protected by intellectual property laws. You own the intellectual property rights in any such content that you share on the Platform. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content (except defamatory one) with anyone else, wherever you want.

3. c. Our License: However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this content of yours. This is solely for the purposes of providing and improving our Services. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, publish, distribute, modify, copy, publicly perform or display, and translate your content. You hereby also grant us the right to use the photos and videos uploaded by you, along with the retreat information, for our marketing purposes, publishing them on our home page, newsletter, Facebook, Instagram, other social media channels, etc.

9. 9. RESTRICTIONS

Service Provider shall not itself, and shall not permit anyone to: (i) copy or republish the Services or Platform, its features and functionalities, (ii) make our Services available to any other person without our prior written consent, (iii) share login credentials with a third party, (iv) create duplicate accounts (v) remove, modify or obscure any copyright, trademark or other proprietary notices contained in the Platform, (vi) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Site or portal, (vii) access the Site or portal with the sole purpose to build a similar product or competitive product, (viii) behave unprofessionally with the clients or provide them bad service, (ix) lie about his/her experiences or expertise, and (x) does any act that that goes against the terms mentioned in this Retreat Organiser Terms or our Community Guidelines or the applicable law.

 

10. 10. UPTIME

Zen Booking will use commercially reasonable efforts to make the Site, platform, portal and Services available for access by the Service Provider 97% of the time, measured on a monthly basis, excluding Planned Outages. “Planned Outages” shall mean the installation of upgrades, routine application, server, or network configuration changes, and other reasonable maintenance activities. Zen Booking will post an advance announcement of any Planned Outage or intimate the Service Provider about the same through any other way. We disclaim that the Site or portal will be available on an uninterrupted or timely basis at all times. We will not be liable to you for any lost profit or loss of revenue if anyone is not able to use our Platform due to any reason (including technical glitches).

 

11. 11. COMPLAINTS

In case, any clients have complained about any aspect of the services provided by you, we will look into such complaints, provide you a reasonable opportunity of being heard, and then take a decision on what action is to be taken against you. In case, you are found to be violating any provision of these Terms, we reserve the right to suspend or remove your account and/or listing, and prohibit future use of our Services to you, at our sole discretion. You hereby agree to fully co-operate with us on a timely basis for the resolution of the complaints submitted by the clients against you or your services. 

 

1. 12. NO WARRANTIES

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS, PLATFORM, SITE AND OUR SERVICES ARE PROVIDED TO YOU “AS IS”. WE AND OUR MEMBERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING PLATFORM OR OUR SERVICES, INCLUDING THAT OUR SERVICES WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR MEMBERS AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF USE OF OUR SERVICES OR THE PLATFORM.

 

2. 13. LIMITATION OF LIABILITY AND INDEMNITY

   1. i. To the maximum extent permitted by law, in no event shall Zen Booking (or our members, licensors or affiliates) be liable to you or any third party for any financial loss, loss of time, lost profits, lost data, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use the Platform, even if Zen Booking has been advised of the possibility of such damages. Access to, and use of, the Platform is at your own discretion and risk, and you will be solely responsible for any damage to your property or device or computer system or business, or loss of data resulting therefrom.

   2. ii. Service Provider agrees to indemnify Zen Booking, its clients, its members, affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: (i) your services, materials or content; (ii) from your use of the Platform or any of the Services; (iii) from your breach of the Terms or breach of any applicable laws; (iv) your negligence or wilful misconduct or unprofessional behaviour; (vi) any alleged or actual copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the use of any of the Services.

 

3. 14. GOVERNING LAW AND DISPUTE RESOLUTION

1. a. Governing Law: These Terms and any dispute arising from the same will be governed by applicable laws of Switzerland.

2. b. Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate courts situated in Zug, Switzerland.

3. c. Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY. YOU AND ZEN BOOKING ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN YOU AND ZEN BOOKING, SHALL BE RESOLVED BY A JUDGE. 

4. d. Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE SERVICE PROVIDER CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER SERVICE PROVIDER(S).

5. e. Disputes between you and the clients: You understand and acknowledge that Zen Booking is a mere facilitator between you and the clients, and we in no way are responsible for the conduct of the clients or the genuineness of their request or their ability to make the full payment. Therefore, if you have any claim or dispute against a user, you undertake to take it up directly with the concerned user. Zen Booking shall not mediate or resolve such disputes, and nor shall become a party to such disputes. However, if you believe that a user has violated our Terms of Use (as posted on the Site), applicable law, or any other policy of Zen Booking, you can file your complaint at info@zenbooking.com, and we will take necessary action in accordance to our policies and applicable law.

 

15. NOTICES

When you use the Platform or send emails to Zen Booking, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Platform. Zen Booking will communicate with you by email or by posting notices on this Site. You agree that all Terms, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to info@zenbooking.com.

 

16. MISCELLANEOUS

1. i. No Outside Contact: You may be able to communicate with the client on Zen Booking before the actual booking made by the client. In such case, you must not share or request any detail or information with/from the client that could lead to a communication outside of Zen Booking. You must not circumvent or attempt to circumvent our commission by taking payments from the clients directly. You can request the contact details from the client only after the booking is confirmed and there is a need to receive the contact details of the client for check-in and traveling purposes.

2. ii. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Retreat Organiser Terms.

3. iii. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms. 

4. iv. Breach: Zen Booking reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms and/or our other policies or due to any illegal or inappropriate use of the Platform or its services. 

5. v. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.

6. vi. Waiver: Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Zen Booking and you or any other party be deemed to modify any provision of these Terms.

7. vii. Survival: Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms, for any reason whatsoever.

8. viii. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

9. ix. No Assignment: You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Zen Booking. Any attempted assignment that does not comply with these Terms shall be null and void. 

10. x. Entire Terms: These Terms, Cancellation & Refund Policy, Community Guidelines, Privacy Policy, and Cookie Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between Zen Booking and you, relating to the subject matter hereof, and supersedes any prior understanding or Terms (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Platform.

11. xi. Force Majeure: Zen Booking, members and agents will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.

12. xii. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Platform after any amendments to the Terms shall constitute your acceptance to such amendments.

 

17. GRIEVANCE OFFICER/DESIGNATED REPRESENTATIVE

In the event you have any grievance regarding anything related to these Terms or Cancellation & Refund Policy, Privacy Policy or Cookie Policy, or with any content or service of Zen Booking, in that case you may freely write your concerns to the Grievance Officer/Designated Officer appointed below:

• Name: Katarina Adamec

• Designation: Customer Service

• Email: info@zenbooking.com

• Phone: +41 79 224 06 48

• Postal: Bahnhofstrasse 30, 6300 Zug, Switzerland

 

18. CONTACT US

If you have questions or need any clarification or have any grievance, please feel free to contact us at info@zenbooking.com.

 

Last Updated on November 25, 2024.