Terms of Use (for clients)

Terms of Use (for clients)

 

These Terms of Use (hereinafter referred to as the “Terms of Service” or “Terms & Conditions”) shall govern the relationship between Zen Booking GmbH, a company having its principal office address at Bahnhofstrasse 30, 6300 Zug, Switzerland (hereinafter referred to the “Company” or “Zen Booking” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user(s)” or “client(s)”), and shall govern your use of our website – www.zenbooking.com (hereinafter referred to as the “Platform” or “Site” or “Website”). 

Zen Booking is an easy-to-use platform that connects you with retreat venue owners as well as retreat organisers all over the world. You can simply explore and book retreats and venues around the world directly on our platform for your next retreat. (hereinafter referred to as the “Service”)

In case you are a Retreat Organiser, please refer to our Retreat Organiser Terms, and in case you are a Retreat Venue Owner/Host, please refer to our Retreat Venue Owner Terms, as may be applicable to you. These Terms are applicable on the general visitors and clients of Zen Booking.

Please read these Terms carefully, as these, along with our Legal Disclaimer, Community Guidelines, Cancellation & Refund Policy, Cookie Policy, and Privacy Policy statement forms the entire agreement between you and Zen Booking. If you do not accept these Terms in its entirety, then you shall not use the Platform or book any retreats or venues on Zen Booking. 

Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement and Cookie Policy. These Terms shall be read in conjunction with our Legal Disclaimer, Cookie Policy, Cancellation & Refund Policy, and Privacy Policy statement.

 

1. 1. ACCEPTANCE OF THESE TERMS

By accessing, registering, or using the Site as client, or by booking and/or making the payment for the services of the Service Providers (such as retreats and venues) on our Platform, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:

1. i. 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 on the website.

2. ii. You are of sound mind and at least of such minimum legal age as per the jurisdiction of the State in which you reside, in order to form a binding contract with us. In case you are not of the age of majority as per the laws of the State that you reside in, then you must have the permission of your lawful guardian to book services and/or make payments on the website. In case you are under the age of 13, you are not allowed to use our website or make bookings or payments. Additionally, if you are in the EEA, you must be over the age required by the laws of your country to create an account or otherwise make bookings or payments on the website, or we need to have obtained verifiable consent from your parent or legal guardian.

3. iii. We must not have previously disabled your account for violation of law or any of our policies.

4. iv. You agree, understand and acknowledge that we are an intermediary platform that connects you with the retreat organisers and venue owners/hosts (Service Providers) for booking and/or making payment for their retreats/venues, and as such we are only a facilitator between the retreat organisers and venue owners/hosts (Service Providers) and the clients, and we cannot be a party to or control in any manner any provision of service by such Service Providers, or the transactions that you may enter into with such Service Providers, or your interaction with them. Accordingly, the contract of sale of service shall be a strictly bipartite contract between you and the respective Service Provider, and we shall not be liable to you for deficiency or non-provision of services in any manner.

5. v. You have read, understood and consented to our LegalDisclaimer, Community Guidelines, Cancellation & Refund Policy, Cookie Policy, and Privacy Policy statement posted on our website.

 

2. 1. IMPORTANT TERMS

For the purposes of these Terms, and all other policies of Zen Booking, the following capitalised terms shall have the following meaning: 

1. a) ‘User(s)’ or ‘Client(s)’ shall refer to the users or clients who book the services of the retreat organisers and venue owners/hosts (Service Providers), and/or make payments to them through the Platform. 

2. b) ‘Service Provider(s)’ shall refer to the retreat organisers and/or venue owners/hosts who have registered on the Platform as a Provider to publish their listings, and in order to receive bookings and/or payments from their clients.

3. c) ‘Zen Booking Content’ or ‘Our Content’ shall refer to all the content belonging to Zen Booking on the Platform, including without limitation, trademark, tradename, domain, logos, text, graphics, images, software, information or other materials.

4. d) ‘Service Provider’s Content’ shall refer to all the content posted by the Service Provider on the Platform, such as his/her listings.

5. e) ‘Platform’ shall refer to the platform of Zen Booking, and shall include the website.

6. f) ‘Service’ shall refer to the services of the Platform provided by Zen Booking through its website. 

7. g) ‘Tax’ or ‘Taxes’ mean any taxes, whether municipal, provincial, state and federal indirect or other withholding and personal or corporate income taxes.

8. h) ‘Terms’ shall refer to these Terms of Use as applicable to the clients, and other general users or visitors of the Platform. 

9. i) ‘Website’ shall refer to www.zenbooking.com.

 

3. 3. ACCOUNT REGISTRATION, PASSWORD AND SECURITY

1. a) Account: To access various parts of the Platform, and to avail various Services, you are required to register and create an account with us. Registration is free. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account. 

2. b) Security: You are responsible for maintaining the confidentiality of your 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, and (b) ensure that you exit from your account at the end of each session. We ask that you should not share your account or password with 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.

3. c) Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may terminate your account, and refuse current or future use of any or all of the services. For example, if we come to realize that you have created an account with the sole purpose of providing false feedback to the Service Providers, then we might remove your feedback and terminate your account.

4. d) No Selling: You are expressly prohibited from selling or transferring or gifting your account to any other person or entity, without our prior written consent. 

 

4. 4. HOW CAN YOU USE THE PLATFORM?

1. i. Allowed uses:

1. a) Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the Services on the Platform. 

2. b) Information: Whenever prompted, you must provide us with the correct, accurate and updated information about yourself. All the submitted information will be processed in accordance with our Privacy Policy statement.

3. c.) Booking and Payment: The booking and payments shall only be made against the Service Provider’s services related to retreats and venue booking. We recommend you to book the services of a well-known trusted Service Provider who has good testimonials. We also recommend you to check with the Service Provider about their availability and ability to offer you the services you require before proceeding to book and pay. Once you book the services of the Service Provider, all the terms and conditions (including cancellation policy and house rules) of the respective Service Provider shall be applicable on such booking, including without limitation, cancellation, refunds, and their charges. We assume no responsibility with respect to any loss that you may suffer as a result of booking or paying through our Platform. All responsibilities in this respect shall lie with the respective Service Provider, as the case may be.

4. d) Invoice: The Service Providers are responsible to issue you the invoice for the ordered service (and not Zen Booking).

5. e) Travel Insurance: We recommend you to avail the necessary travel insurance which would cover the costs of the booking in the unfortunate cases of cancellation or failure of the Service Provider to deliver you the services.

6. f) Language: The terms and conditions of the retreats and venues could be published in languages other than English by the Service Providers. It is your responsibility to ensure that you are able to understand the terms in that language before continuing to book such retreat and venues.

7. g) Material: For the purposes of these Terms, “material” shall mean any logos, trademark, text, video, graphics, sound material, published on the Platform, whether a copyright of Zen Booking, Service Providers, other users, our licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Platform. You must not reproduce any part of the Platform or the material or transmit it to or store it in any other Platform or disseminate any part of the material in any other form, unless we have indicated that you may do so.

 

2. ii. Restricted uses:

1. a) You can’t impersonate others, create duplicate accounts, or provide inaccurate information about yourself. 

2. b) You will be able to leave feedback after availing the services from the retreat organisers and/or venue owners/hosts (Service Providers). However, you cannot post, raise, or comment on any political, racist or such other issue which affects a person, community or society. You must not be abusive and shall only provide your genuine feedback about service availed. Moreover, there must not be advertisement or solicitation of any sort in the feedback. We reserve the right to remove feedback that violates any of our policies or applicable law.

3. c) We want our platform to be trustworthy. Therefore, the users are prohibited from providing fake, paid, motivated or ingenuine feedback.

4. d) The client must not misuse or interfere with the Services or Platform or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law and as per the directions provided by us. 

5. e) The client must not:

• republish material from this Platform;

• sell, rent or sub-license material from the Platform;

• show any material from the Platform in public without our consent;

• edit or otherwise modify any material on the Platform (other than editing your own information/posts/contents as per the method provided);

• reproduce, duplicate, copy or otherwise exploit material on our Platform for a commercial purpose; or

• redistribute material from the Platform, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;

• infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our Service Providers, other users, licensors or any third party;

• We reserve the right to restrict your access to any areas of our Platform, or indeed our whole Platform, at our discretion.

6. f) You must not use our Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

7. g) The client must not use our Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

8. h) The client must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform.

 

In case of your violation or non-compliance of any of the terms mentioned in these Terms, we reserve the right to suspend or terminate your account or your access to the Platform or our services, at our sole discretion.

 

5. 5. OUR CONTENT AND RIGHTS

Our website, domain (www.zenbooking.com), software, platform, logos, Zen Booking Content, designs, trademarks, trade dress, trade name, all of our features, functionalities and services, shall remain the sole property of Zen Booking, Service Providers, and/or its licensors, as the case may be. Your use of or access to our Site or 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 Platform, our services, any content (except your own content), designs, published by us or our licensors or third parties. This Platform and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Platform are the exclusive property of, or are licensed to Zen Booking and are protected under applicable law. No use of a trademark, trade dress, trade name, domain, content or design appearing on our website may be made without the prior written permission of Zen Booking.

 

6. 5. CONTENT POSTED BY CLIENTS AND CLIENT’S RIGHTS

1. a) Your Content is yours: The content, such as feedback left for the Service Providers by you as a client, 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.

2. b) 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.

3. c) Description of License: Specifically, when you share a content that is covered by intellectual property rights, 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. However, we do not have any responsibility to use or display any part of your feedback on any part of the Platform. We retain the right to display the same at our own discretion. For example, if we find it untrue, defamatory, misleading or false, we might not display the same and remove it.

 

7. 7. CONTENT POSTED BY SERVICE PROVIDERS AND OTHER USERS

While using our Platform and our Services, you may encounter content or information (such as bio, retreat details, venue details, photos, videos, etc.) that is posted by Service Providers and the comments/feedback posted by other clients. Therefore, there is a likelihood that such information or content be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Zen Booking generally does not review content provided by our Service Providers or feedback posted by other clients. We disclaim all guarantees and liabilities in this respect. However, if you come across a content or listing of a Service Provider that is hosted on our Platform, and is against any of our policies, you can report that content to us at info@zenbooking.com.

 

8. 8. RELATIONSHIP WITH ZEN BOOKING

Zen Booking merely makes the Platform and Services available to enable Service Providers and Clients to find and transact directly with each other. Zen Booking does not introduce Service Providers to Client, or select Service Providers for Client. The clients are responsible for evaluating and determining the suitability of any Service Provider or their services (retreats and/or venues) on their own. We recommend you to book the services of a well-known and trusted Service Provider. We also recommend you to check with the Service Provider about his/her availability and ability to offer you the services that you require before proceeding to book and pay. Once you book the services of the Service Provider, all the terms and conditions of the respective Service Provider shall be applicable on such booking, including without limitation, cancellation, refunds, and their charges. You must carefully review all the terms and conditions, house rules, cancellation policy, etc. before proceeding to book the retreats and/or the venues. Further, we recommend you to avail the necessary travel insurance which would cover the costs of the booking in the unfortunate cases of cancellation or failure of the Service Provider to deliver you the services. We assume no responsibility with respect to any loss that you may suffer as a result of booking or paying through our Platform. All responsibilities in this respect shall lie with the respective Service Provider, as the case may be. If you decide to avail the services of a Service Provider, the service contract is directly between you and the respective Service Provider, and Zen Booking is not a party to that contract. For more information, please see the Cancellation & Refund Policy posted on the website.

 

9. 9. PRIVACY POLICY

In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our website.

 

10. 10. LINKS TO THIRD-PARTY LINKS

The Platform might contain links to third-party websites, products and services (for example, links of Service Provider’s social media pages). Such third-party links are not under the control of Zen Booking, and Zen Booking is not responsible for any third-party links or services provided by the Service Providers. Zen Booking provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links or the services of the Service Providers. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such a third-party platform, and you get out of the jurisdiction of our Platform. Therefore, you shall be governed by the terms, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or services of the Service Providers, Zen Booking shall not be responsible.

 

11. 11. PAYMENTS

You can book and pay for the services of the Service Providers using our platform. You are advised to clear all your doubts with the respective Service Provider before proceeding to book their services. Once you book the services of the Service Provider, all the terms and conditions of the respective Service Provider shall be applicable on such booking, including without limitation, cancellation, refunds, and their charges. We assume no responsibility with respect to any loss that you may suffer as a result of booking or paying through our Platform. You shall be responsible to borne all the applicable taxes (wherever applicable). The Service Providers reserve the right to modify the prices of their services at any time. We reserve the right to revise our service fees levied on the Service Providers, and/or discontinue any part of the Platform (or indeed the whole platform), at any time at our sole discretion, without any prior notice. 

 

12. 12. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall Zen Booking (or our licensors or affiliates) be liable to you or to any third party for any financial loss, damage to property, loss of health, transaction failure, cancellation or rescheduling or denial of the service by the Service Provider for any reason, fraud, 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, health, person, device or computer system, or loss of data resulting therefrom. In case where the Site is down, either due to planned maintenance or due to some technical glitch or error, or if the Service Provider does not provide you a service or refund, or in case of deficiency of services by the Service Provider, we will not be liable to compensate you for any reason whatsoever.

 

13. 13. LEGAL ACTION

If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Zen Booking by spreading hate, insulting, false, fake reviews or engaging in mala fide actions, strong legal actions will be taken immediately. 

 

14. 14. INDEMNITY

You acknowledge to defend, indemnify and hold Zen Booking, its members, affiliates, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable legal counsel’ fees, made by a third party, relating to, or arising from:

1. a) Your violation of ours or any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights;

2. b) Your wrongful or improper use of our services or Platform;

3. c) Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;

4. d) Your violation of these Terms, or any other policy of Zen Booking as associated with our Services;

5. e) The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our Services.

 

15. 15. GOVERNING LAW AND DISPUTE RESOLUTION

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

2. ii. Exclusive Jurisdiction: Unless otherwise provided by the law prevailing in your 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 before the appropriate courts situated in Zug, Switzerland.

3. iii. 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. iv. 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 PROVIDERS/CLIENTS, AS THE CASE MAY BE, CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER SERVICE PROVIDER/CLIENT, AS THE CASE MAY BE.

5. v. Disputes between Service Providers and Users: You understand and acknowledge that Zen Booking is a mere facilitator between the Service Providers and the clients, and we in no way are responsible for the conduct of the Service Providers or the quality of the services offered by them or for any of their conduct or actions. Therefore, if you have any claim or dispute against a Service Provider, you undertake to take it up directly with the concerned Service Provider. Zen Booking shall not mediate or resolve such disputes, and nor shall become a party to such disputes. However, if you believe that a Service Provider has violated our Retreat Organiser Terms/Retreat Venue Owner Terms or 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.

 

16. 16. 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 the Site. You agree that all agreements, 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.

 

17. 17. Miscellaneous

1. I. 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 Services.

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

3. iii. Feedback Rights: To the extent that you provide Zen Booking with any comments, suggestions or other feedback regarding Zen Booking platform or Site, as well as other Zen Booking services (collective, the “Feedback”), you will be deemed to have granted Zen Booking an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Zen Booking is under no obligation to implement any Feedback it may receive from users.

4. iv. Targeted Abuse: We do not tolerate users who engage in targeted abuse or harassment towards other users or Service Providers on Zen Booking. 

5. v. Severability: If any provisions of these Terms are 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, which may be withheld at Zen Booking’s sole discretion. Any attempted assignment that does not comply with these Terms shall be null and void. 

10. x. Entire Agreement: These Terms of Use, LegalDisclaimer, Community Guidelines, Cancellation & Refund Policy, Cookie Policy andour Privacy Policy statement, 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 agreements (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 and its Service Providers will be excused from performance for any period during which, and to the extent that, such party 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 these Terms shall constitute your acceptance to such amendments.

 

18. 18. Grievance Officer/Designated Representative

In the event you have any grievance regarding anything related to these Terms of Use or Community Guidelines or Cancellation & Refund Policy or 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

 

19. 19. Feedback and Information

We welcome your questions or comments regarding these Terms. You can write to us via email: info@zenbooking.com. 

 

Last updated on March 15, 2023