PICK YOUR DAY TERMS OF USE

Last updated: November 1st, 2016

1. WHO OPERATES THIS WEBSITE?

This website (including sub-sites and including text, images, videos, software, products, services and other information contained in or presented on the website; all together the "Website") is provided by Pick Your Day AS, Ranheimsveien 165, 7058 Trondheim, Norway.

Pick Your Day AS (“Pick Your Day,” “PYD”, “we,” “us,” “our”) provides its services (described below) to you through its website located at www.PickYourDay.com (the “Website”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Website, the “Service(s)”), subject to the following Terms of Use (as amended from time to time, the “Terms of Use”). We reserve the right, at our sole discretion, to change or modify portions of these Terms Of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an e-mail notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms Of Use.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at http://PickYourDay.com/privacy-policy. All such terms are hereby incorporated by reference into these Terms of Use.

You can contact us by email (info@PickYourDay.com) or by phone using this number:

International: +47 924 00 924

Bookings through the platform are subject to our General Terms of Business as well as additional conditions of Localists/Providers.

 

2. APPLICATION OF THESE TERMS OF USE

These terms of use (the "Terms of Use"), together with our privacy policy (the "Privacy Policy"), apply to any use of the Website. Users of the Website ("User" or "you") may use the Website only on condition that they accept the Terms of Use and read and understand the Privacy Policy. Any further use of the Website or any part of it means you have read and you understand the Terms of the Use and the Privacy Policy, and agree to be bound by all parts of the Terms of Use.

 

3. NO OFFER

The information on this Website is for general informational purposes only. Information on this Website does not constitute an offer binding to us. Binding agreements with Localists/Providers of activities available on the Website require a booking request through the platform and the Localist's/Provider's acceptance of the booking request according to the General Terms of Business.

 

4. ACCESS AND USE OF THE SERVICE

Services Description:

The Service is an online platform that connects locals who have unique knowledge of and experience with a particular travel destination or activity (“Localists/Providers”) with Users seeking to receive services related to such destinations and activities (“Users”). Some Localists/Providers (“Localists/Providers”) lead experiences on the ground, and other Localists/Providers (“Localists/Providers”) help with travel planning. Through the Services, Localists/Providers may create and post profiles (“Profiles”) that provide information about the Localist's/Provider's knowledge and experience, and may make themselves available to offer certain services to Users at a particular destination (each such service, an “Experience”). Users may select Localists/Providers (or may request that Pick Your Day attempt to connect them to a Localist/Provider) to provide the User with an Experience.

Platform Nature Of The Services:

Pick Your Day makes available a platform for Users and Providers to meet online and arrange for Experiences. Pick Your Day is not an operator of tours, activities or Experiences, nor is it a provider of tours or activities, and Pick Your Day does not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services. Pick Your Day does not own, operate or control any of the yours or services made available by the Localists/Providers on this platform. It does not conduct any safety checks regarding these tours. The responsibility for ensuring the safety of users lies with the Localists/Providers of the tours, which is also responsible for ensuring compliance with all relevant laws and regulations.

Pick Your Day’s responsibilities are limited to: (i) facilitating the availability of the Services; (ii) serving as the limited agent of each Provider for the purpose of accepting payments from Users on behalf of the Provider; and (iii) in certain instances, booking lodging accommodations on behalf of Users as detailed below.

User Account, Password And Security:

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Pick Your Day 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 when accessing the Service. Pick Your Day will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications To Service:

Pick Your Day reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pick Your Day will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use And Storage:

You acknowledge that Pick Your Day may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Pick Your Day’s servers on your behalf. You agree that Pick Your Day has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Pick Your Day reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Pick Your Day reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services:

The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Pick Your Day and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Pick Your Day account information to ensure that your messages are not sent to the person that acquires your old number.

Localist/Provider Obligations:

As a Localist/Provider, you may create Profiles that showcase your experience, activities you can lead, and the type of Experiences you can help Users plan. Profiles will be made publicly available via the Services, and other Users may contact you based upon the information provided in your Profile. You acknowledge and agree that you are responsible for your Profiles and your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the Experience at your request or invitation, excluding the User (and the individuals the User invites to the Experience, if applicable). You agree to comply with the Pick Your Day Provider guidelines.

You understand and agree that Pick Your Day does not act as an insurer or as a contracting agent for you as a Localist/Provider. If a User requests your expertise for a Experience and participates in your Experience, any agreement you enter into with such User is between you and the User and Pick Your Day is not a party thereto. Notwithstanding the foregoing, Pick Your Day serves as your limited authorized agent:

  1. for the purpose of accepting payments from Users on your behalf, and is responsible for transmitting such payments to you, subject to these Terms Of Use, and

  2. for the purpose of booking online lodging and accommodations (“Pick Your Day Bookings”) You are responsible for all other bookings, including without limitation on-the-ground arrangements, tours or experiences you host, restaurants and similar bookings.

You represent and warrant that your Profile and your planning of and/or guidance on any Experience:

  1. will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies)

  2. will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any such Experience, including, but not limited to, tourism, tour Provider licensing laws, and other laws governing events and tours of public spaces and other venues and (b) not conflict with the rights of third parties. Please note that Pick Your Day assumes no responsibility for any Localist's/Provider’s or User’s compliance with any applicable laws, rules and regulations. Pick Your Day reserves the right, at any time and without prior notice, to remove or disable access to any Profile for any reason, including Profiles that Pick Your Day, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

Pick Your Day recommends that Localist/Providers and Users obtain appropriate insurance for their Experiences. Please review any insurance policy that you may have for your Experience carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users (and the individuals the User invites to the Experience, if applicable) while participating in your Experience.

No Endorsement:

Pick Your Day does not endorse any Experiences. In addition, although these Terms require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other users. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Pick Your Day with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users via the Services regarding any bookings or Trips made by you. This limitation shall not apply to any claim by a Provider against Pick Your Day regarding (i) the remittance of payments received from a User by Pick Your Day on behalf of a Provider or (ii) the failure of Pick Your Day to book a Pick Your Day Booking for which the User provided accurate booking information, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

5. NO WARRANTY

While we try to ensure that the information in or through the Website is accurate, we do not provide any warranties, express or implied, in relation to its correctness, completeness, currentness, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). We may change, add or remove information on the Website and its structure and functions at any time at our sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. We may also block Users from accessing the Website or parts of it, or require certain conditions to be fulfilled for such access. We do not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, we do not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.

6. LIMITATION OF LIABILITY

We exclude our liability, and that of our agents and independent contractors, and our and their employees and officers, for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law.

7. THIRD PARTY CONTENT, LINKS TO OTHER WEBSITES

We do not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. We do not recommend or endorse such content, and will not have any liability relating to it. Where we link to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please send an email to info@PickYourDay.com.

8. INTELLECTUAL PROPERTY RIGHTS

As between you and us, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.

9. AMENDMENTS TO THE TERMS OF USE

We may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. We expect you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.

10. APPLICABLE LAW AND JURISDICTION

These Terms of Use and any disputes arising out of or in connection with it are subject to the substantive laws of, and will be subject to the exclusive jurisdiction of the courts at our seat, provided that we may bring actions against users for infringement of intellectual property rights before any competent court, and subject to mandatory law.

 

Pick Your Day AS
Ranheimsveien 165
7058 Trondheim
Norway

 


General Terms of Business of Pick Your Day AS, and of Providers of Tours and other touristic Services

Version November 1st 2016

These Terms of Business are divided into two parts:

I. GENERAL TERMS OF BUSINESS OF PICK YOUR DAY AS
II. GENERAL TERMS OF BUSINESS OF PROVIDERS OF TOURS AND OTHER TOURISTIC SERVICES

Pick Your Day provides Users and Providers of touristic services with this booking platform. The contracts are concluded directly between users and Providers of touristic services. Pick Your Day is not a contracting party for booked tours and other touristic services.

Pick Your Day does not own, operate or control any of the yours or services made available by the Localists/Providers on this platform. It does not conduct any safety checks regarding these tours. The responsibility for ensuring the safety of users lies with the Localists/Providers of the tours, which is also responsible for sensuring compliance with all relevant laws and regulations. 

I. GENERAL TERMS OF BUSINESS OF PICK YOUR DAY AS

Navigation:

1. SIGN UP / REGISTRATION / OPENING OF A USER ACCOUNT

2. REVIEW SYSTEM

3. DIRECT MESSAGES

4. LEGAL RELATIONSHIP WITH PICK YOUR DAY

Introduction

These General Terms of Business control the usage of the Pick Your Day website when you sign-up (register an account) or book a service. Furthermore, the "Terms of Use" and the "Privacy Policy" of Pick Your Day AS are applicable for the Pick Your Day website.

Upon registration (opening of an account), you agree to these General Terms of Business, the "Terms of Use" and the "Privacy Policy" of Pick Your Day AS as the contents of your legal relationship with Pick Your Day and the mediated Localist/Provider, respectively.

1. SIGN UP / REGISTRATION / OPENING OF A USER ACCOUNT

1.1 Opening of a User Account

Prior to booking a service on www.PickYourDay.com, you need to open a user account and register.

When you register, you will enter personal information that will, as far as necessary, be forwarded to the mediated to the Localist/Provider during the course of the booking process.

You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.

Your account is for your personal, non-commercial use only. You may not impersonate someone else (e.g., adopt the identity of a celebrity), create an account for anyone other than yourself, provide an e-mail address other than your own, or create multiple accounts.

We reserve the right to close your account at any time for any or no reason.

1.2 Eligibility to register

Registration is restricted to actionable persons. In the case of registration of a company or a legal body, the person conducting the registration must have proper authorization to act in the name of the company or legal body, respectively.

There is no entitlement to registration or use of the booking platform.

You need to register with your official name. Registrations under a pseudonym are not allowed. Pick Your Day may delete accounts under wrong names, pseudonyms etc.

You must be eighteen (18) or over to register as a User and/or use the Website and/or the Service. Membership in the Service is void where prohibited. By using the Website and/or the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions herein. You further represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Your Membership may be terminated without warning and you may be barred from any future use of the Website and/or the Service if you provide any information that is untrue, inaccurate, not current, or incomplete, including but not limited to misrepresenting your age, or if Pick Your Day has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. Your Membership is solely for your personal use, and you agree not to authorize others to use your Membership account, including but not limited to your profile. You are solely responsible for all content published or displayed through your Membership account, including but not limited to e-mail messages, and for your interactions with other Users. Pick Your Day reserves the right to refuse or revoke Membership to anyone at any time for any reason resulting in the loss of ownership for said User. 

1.3 Number Of User Accounts

The registration of more than one user account for the same natural or legal person is not allowed. The user account is not transferable.

1.4 Truthful Information And Content

You are required to provide accurate information and keep it up to date. Pick Your Day is not liable, if a booked service cannot be carried out or other damages occur, because of outdated information.

You can contribute to the site in a number of different ways, including writing reviews, uploading photos, filling out your public profile, and rating other users' contributions (your "Content").

We may use Your Content in a number of different ways, including displaying it on the site, reformatting it, editing it for clarity and grammar, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us permission to use your Content for any purpose. You also irrevocably grant the site's users and the users of any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.

You alone are responsible for your Content. You assume all risks associated with your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by Pick Your Day.

You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

We may remove or reinstate user Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content Providerguidelines. We have no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.

Pick Your Day and its affiliates may display advertisements and other information adjacent to or included with your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

1.5 Communication

If you book a certain service, all booking and payment processes, cancellation of the booking etc. need to be conducted using the specific forms on the Pick Your Day platform.

1.6 No Offers

The published tours and other services are non-binding offers.

1.7 Modifications & Amendments

All requests for modifications/amendments must be directed to the Localist/Provider, whereby you submit a "Date Amendment" request on an existing booking and the Localist/Provider will process the request.

  1. Pick Your Day does not charge a fee to amend or change the dates of an existing booking.

  1. It is not possible to change or modify a special event, theater or show ticket. Sales of these tickets are final and cannot be amended once your original purchase is confirmed.

  1. All other date-change requests and amendments are subject to availability by our Localists/Providers; Pick Your Day cannot guarantee the success of any date-change request.

Occasionally our Localists/Providers make changes to tour dates, prices, inclusions, coverage, age requirements, etc. As a result, Pick Your Day reserves the right to cancel, change or substitute any service, tour, ticket or product that you have booked at PickYourDay.com or through Pick Your Day-affiliated websites, at any time, for any reason.

1.8 Booking Process

If you decide to book a specific tour or other touristic service, you need to make the request through the relevant booking interface on the Pick Your Day website and enter accurate information. The request needs to be dispatched by pressing the button “Request Booking” or “Book Now”.

1.9 Obligation concerning the Request

You are bound to your request (offer) for two work days. For calculation of time, the time zone of the Localist/Provider is authoritative. We autohorize your credit card for the full amount, but you will not be charged for the activity, until the Localist/Provider has accepted the booking.

1.10 Acceptance of the Localist/Provider

The Localist/Provider offering the requested tour or other touristic service, will answer your request within the given period of time. Upon the acceptance of the request, the contract between you and the Localist/Provider becomes effective. The charges for the booked service will be deducted from your credit card or bank account. If the Localist/Provider declines the request, the contract between you and the Localist/Provider of the service does not become effective. You will be notified for the acceptance or non-acceptance of your request via e-mail.

The Localist/Provider provides the agreed services under his own behalf and on his own account.

1.11 Eligibility Requirements

The Localist/Provider may set eligibility requirements for his products. These you will find in the product description. You are self-responsible to fulfill these requirements. The Localist/Provider is entitled to disapprove or exclude you from a certain service, in case that you do not fulfill the requirements. In this case, there will be no refund.

1.12 Provider Communication

The Localist/Provider of the touristic service needs to conduct booking confirmations, as well as all other communication via the Pick Your Day platform. Thus, you should always keep the information in your user account up to date and check the e-mail in the given in the user account for new messages.

1.13 Cancellation of a booking

If you need to cancel a booked service, it is mandatory to click the “Cancellation” button on Pick Your Day website.

2. REVIEW SYSTEM

2.1 Review System

Upon completion of activity, you have the opportunity to review the booked service using the Pick Your Day review system. The Pick Your Day Review System aims to create a meaningful and accurate profile of the performance, reliability and trustworthiness of the provider. The corresponding information will be sent to you via e-mail after completion of the service.

2.2 True And Accurate Assessment

You are obliged to make only factual and truthful statements. Inaccurate, irrelevant, insulting comments etc. are to be omitted. Pick Your Day is explicitly reserves the right to delete such reviews without giving further reasons. Pick Your Day also has the right to exclude you from further use of the Pick Your Day Booking Platform and to delete your account. Pick Your Day and affected Localists/Providers reserve the right for further legal action, in particular compensation of damages.

3. DIRECT MESSAGES

3.1 Personal Messages

The direct message intends to exchange non-public information between you and the Localist/Provider.

3.2 Contents Of The Direct Message

The direct message is solely intended for information concerning the service and its execution. You must not exchange any personal or non service specific questions using the direct message functionality. Direct messages do not serve to close contracts or to cancel bookings. Such events unfold no effect with regard to Pick Your Day. 

3.3 Pick Your Day's Right Of Inspection And Sanctions

Pick Your Day is explicitly entitled to inspect direct messages and to delete messages, which do not comply to these Terms. Pick Your Day may close the user account.

4. LEGAL RELATIONSHIP WITH PICK YOUR DAY

4.1 Position Of Pick Your Day

Pick Your Day provides this booking platform to enable you to get in direct contact with a service provider of your choice and make a booking. The contract relating to the service booked is solely between you and the Provider of the service. Pick Your Day is not a contractual partner for the booked service. Pick Your Day acts solely as the mediator between you and the Localist/Provider of the tour or touristic service.

4.2 Changes Of These General Terms Of Business

These General Terms of Business may be changed by Pick Your Day at any time without prior notice. For each booking, the currently effective Terms are applicable. The user has no guarantee that future bookings will be completed under the existing conditions.

4.3 Applicable Law

The legal relations with Pick Your Day are exclusively subject to Norwegian Law, is agreed as the exclusive venue of jurisdiction.

 

Pick Your Day AS
Ranheimsveien 165
7058 Trondheim
Norway

II. GENERAL TERMS OF BUSINESS OF PROVIDERS OF TOURS AND OTHER TOURISTIC SERVICES

Navigation:

1. ACCEPTANCE OF BOOKINGS

2. PRICING & INCLUSIONS/EXCLUSIONS

3. TRUTHFUL INFORMATION

4. ARRIVAL AT VENUE, AND COMPLIANCE WITH RULES

5. CONDITIONS OF PARTICIPATION

6. BINDING NATURE OF INQUIRY

7. PAYMENT & CANCELLATIONS

8. EXTRAORDINARY CANCELLATION

9. PAYMENT PROCESSING

10. DISCLAIMER ON RIGHT OF WITHDRAWAL

11. PASSPORTS, VISAS AND PERSONAL RESPONSIBILITY FOR INSURANCE

12. UNPAID SERVICES

13. EXCHANGE OF MESSAGES

14. EXCLUSION FROM PARTICIPATION

15. PRIVATE TOUR PROVIDERS

16. PICK YOUR DAY VOUCHERS

17. PICK YOUR DAY GIFT CERTIFICATES

18. PICK YOUR DAY GUARANTEE

 

Introduction

These General Terms of Business apply to the contracts between the users of www.PickYourDay.com and the Localists/Providers of tours etc.

1. ACCEPTANCE OF BOOKINGS

The Localist/Provider only accepts bookings by persons fully capable of acting and with full legal competence. Legal persons have to act by a duly authorized person.

2. PRICING & INCLUSIONS/EXCLUSIONS

  1. Prices listed on PickYourDay.com and Pick Your Day-affiliated websites are per person, unless otherwise specified.

  1. Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by Pick Your Day.

  1. Price quotations are subject to change without notice, until a booking has been confirmed.

  1. Unless otherwise specified, prices do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.

  1. Prices do not include tips/gratuities to tour directors, drivers or local Providers; passport and visa fees; baggage and personal insurance; any items of a personal nature; and any beverages or food not specifically listed under “Inclusions” on the product pages of PickYourDay.com or Pick Your Day-affiliated websites.

3. TRUTHFUL INFORMATION

The information provided on the Pick Your Day booking platform must be truthful. The Localist/Provider reserves the right to cancel bookings when incorrect information has been provided. In this case, the price paid cannot be refunded.

4. ARRIVAL AT VENUE, AND COMPLIANCE WITH RULES

You are responsible for timely arrival at the meeting point. If you are arriving to the booked activity from abroad, you are personally responsible for the necessary travel documents (passport, etc.), compliance with health regulations, etc.

5. CONDITIONS OF PARTICIPATION

You are personally responsible for compliance with any conditions of participation. The Localist/Provider reserves the right to exclude participants, who do not meet these conditions, from the activity. In this case, the price paid cannot be refunded.

6. BINDING NATURE OF INQUIRY

The contract between you and the Localist/Provider is concluded when the Localists/Providers accepts your booking request. By booking a tour or other activity, you are submitting a binding offer to the Localist/Provider, to which you are bound for 2 working days. If the Localist/Provider accepts your offer within this period, the contract is definitely concluded. You will be notified via e-mail.

7. PAYMENT & CANCELLATIONS

Your credit card will be reserved upon booking/request and charged upon approval from Localist/Provider.

Pick Your Day accepts major credit cards.

There is no charge or service fee for processing credit or debit card payments.

Full payment by credit or debit card is required to make a reservation/request. Payment will be listed as “Pick Your Day Activity” or “Pick Your Day” on the credit or debit card statement.

No refunds are available once a tour or service has commenced, or in respect of any package, accommodation, meals or any other services utilized.

Cancelling a booking with Pick Your Day can result in cancellation fees being applied by Pick Your Day, as outlined below. Additional fees may be levied by the individual Provider/operator (see your Pick Your Day final confirmation mail for specific details). When cancelling any booking you will be notified via e-mail, facsimile or telephone of the total cancellation fees.

If you cancel the activity, the cancellation policy on the Pick Your Day final confirmation mail is authoritative. We advise the customer to carefully read the information in the Pick Your Day confirmation e-mail.
If there is no cancellation policy stated in the Pick Your Day confirmation mail, the following cancellation charges will be levied by the Provider of the services:

Event, Attraction, Theater, Show or Coupon Ticket
These are non-refundable in all circumstances.

Gift Certificate
These are non-refundable in all circumstances.

Other Tour Products & Services
If you cancel at least 14 calendar days in advance, there is no cancellation fee.

The value of the transaction may be subject to taxes, foreign transaction, currency exchange or other fees. Your bank or credit or debit card company may convert the payment into the local currency and charge fees, resulting in differences between the amount displayed on PickYourDay.com and Pick Your Day-affiliated websites, and the final amount charged to your bank account or credit or debit card statement. Please contact your bank or card company if you have any questions concerning any applicable conversion or fees.

You reserve the right to demonstrate that the Localist/Provider suffered a smaller loss through the cancellation, than indicated by these rules.

The refund will be made within 20 working days by crediting the credit card used.

If the credit card payment before the use of the booked service is not honored or revoked, this will be considered as a booking cancellation and cancellation fees will apply. Further claims for damages are reserved.

Each Localist/Provider hereby appoints Pick Your Day as the Localist's/Provider’s limited agent solely for the purpose of collecting payments made by Users on behalf of the Provider. Each Provider agrees that payment made by a User to Pick Your Day shall be considered the same as a payment made directly to the Provider and the Provider will make the Experience available to User in the agreed upon manner as if the Provider has received the payment. In accepting appointment as the limited authorized agent of the Provider, Pick Your Day assumes no liability for any acts or omissions of the Localist/Provider.

Cancellations And Refunds:

1. LOCALISTS/PROVIDERS (Localist/Providers who lead activities). These terms and conditions govern the Pick Your Day User Refund Policy (the “User Refund Policy”) available to Users who book and pay for an Experience listed by a Localist/Provider through the Pick Your Day platform (the “Website”) and suffer a Travel Issue and the obligations of the Localist/Provider associated with the User Refund Policy.

Travel Issue

A “Travel Issue” means any one of the following:

      1. The Localist/Provider of the Experience (i) cancels a reservation within 24 hours before the scheduled start of the reservation, (ii) fails to arrive for the Experience within 20 minutes of the scheduled start time, or (iii) fails to provide the User with the reasonable ability to access the Experience (e.g., by allowing the User access to the space in which the Experience will happen or begin if applicable).

      1. The description of the Experience in the listing on the Site is materially inaccurate with respect to (i) the duration of the Experience, (ii) the content of the Experience (including but not limited to the stated activities or sites, as applicable), or (iii) the physical location of the Experience. c) During the User’s Experience, conditions do not meet safety or health hazards that would be reasonably expected, given the nature of the particular Experience, in Pick Your Day’s judgment.

 

The User Refund Policy

If you are a User and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by Pick Your Day in our discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Experience which in our determination is reasonably comparable to the Experience described in your original reservation in terms of content and quality. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference. All determinations of Pick Your Day with respect to the User Refund Policy, including without limitation the size of any refund, shall be final and binding on the Users and Localist/Providers.

Conditions To Claim A Travel Issue

Only a User may submit a claim for a Travel Issue. If you are a User, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:

      1. You must report the Travel Issue to Pick Your Day in writing (at support@PickYourDay.com) or via telephone and provide us with information (including evidence) about the Experience and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue;

      1. You must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and

      1. You must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Localist/Provider prior to making a claim for a Travel Issue (and you must provide evidence of having done so).

 

Minimum Quality Standards, Provider Responsibilities And Reimbursement To User

      1. If you are a Localist/Provider, you are responsible for ensuring that the Experiences you list on the Site meet minimum quality standards regarding adequacy of the description on the Site, safety, health, and do not present a User with Travel Issues. Throughout the Experience, Localist/Providers should be available in order to try, in good faith, to resolve User issues.

      1. If you are a Localist/Provider, and if (i) Pick Your Day determines that a User has suffered a Travel Issue related to an Experience listed by you and (ii) Pick Your Day either reimburses that User any amount up to the amount paid by the User through the Site for the Experience or provides an alternative Experience to the User, you agree to reimburse Pick Your Day up to the amount paid by Pick Your Day within 30 days of Pick Your Day’s request. All determinations of Pick Your Day with respect to the User Refund Policy, including without limitation the size of any refund to the User, shall be final and binding on the Users and Localist/Providers. You also agree that in order for you to reimburse Pick Your Day up to the amount paid by Pick Your Day, Pick Your Day may off-set or reduce any amounts owed by Pick Your Day to you by this amount. If the User is rescheduled to an alternative Experience, you may lose part or all of the Experience Fee payment for the booking and you may be responsible for reasonable additional costs incurred to reschedule the User to the alternative Experience.

      1. The rights of the Users under the User Refund Policy supersede the cancellation policy that otherwise applies to a particular Experience. If you dispute the Travel Issue you may notify us in writing (support@PickYourDay.com) or via telephone and provide us with information (including evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the User prior to disputing the Travel Issue claim (and you must provide evidence of having done so). You agree that all determinations of Pick Your Day with respect to the Travel Issue shall be final and binding on the Users and Localist/Providers regardless of your submission of a dispute against such Travel Issue. 

      1. Travel Issues, Pick Your Day, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews or notifications indicating Travel Issues, cancelling future bookings, suspending or removing the listing of the Experience or imposing penalties or fees for the administrative burden associated with the Travel Issues.

 

General Provisions

  1. No Assignment/No Insurance. This User Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the User, and the User has not paid any premium in respect of the User Refund Policy. The benefits provided under this User Refund Policy are not assignable or transferable by you.

  1. Modification or Termination. Pick Your Day reserves the right to modify or terminate this User Refund Policy, at any time, in its sole discretion, and without prior notice.

  1. If Pick Your Day modifies this User Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Pick Your Day will continue to process all claims for Travel Issues made prior to the effective date of the modification.

  1. Entire Agreement and Definitions. This User Refund Policy constitutes the entire and exclusive understanding and agreement between Pick Your Day and you regarding the User Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Pick Your Day and you regarding the User Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Pick Your Day Terms of Use. Controlling Law. This User Refund Policy will be interpreted in accordance with the laws of Norway, without regard to its conflict-of-law provisions.

  1. Limitation of Liability. In no event will Pick Your Day’s aggregate liability arising out of or in connection with this Pick Your Day policy terms, exceed the amount of the experience fees collected by Pick Your Day from the user. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. You acknowledge and agree that, by posting a listing or booking an experience or otherwise using the site, services as a provider or user, you are indicating that you have read, and that you understand and agree to be bound by these policy terms.

2. LOCALISTS/PROVIDERS (Localist/Providers who plan travel). Users are free to reject any Itinerary for any reason prior to payment. Once an Itinerary is confirmed by a User, any fees paid are non-refundable except as set forth below:

User Cancels

Pick Your Day will endeavor to refund User the fees paid for any Itinerary items that have not yet been booked, minus the Service Fee. Fees for Itinerary items that have already been booked are non-refundable.

Provider Cancels

Whenever possible Pick Your Day will connect User to an alternate Localist/Provider who can fulfill request. If not, Pick Your Day will refund the Total Fees for such booking to the applicable User within a commercially reasonable time of the cancellation.

8. EXTRAORDINARY CANCELLATION

The Localist/Provider can cancel the activity without adherence to the cancellation period if weather conditions, governmental actions, unforeseeable or unavoidable external circumstances endanger or make carrying out the activity impossible or substantially more difficult.

Certain Experiences may depend on factors outside either party’s control, such as weather (“Outside Factors”). The Localist/Provider has the discretion as to whether Outside Factors will prevent the Experience from taking place. As a Provider, if you need to cancel an Experience due to Outside Factors, you must contact the User and Pick Your Day (at support@PickYourDay.com) as early as possible. Subject to the User’s consent, the Localist/Provider and the User may choose to reschedule the Experience for another date. If the Experience cannot be rescheduled, the User should contact Pick Your Day so we may assist in finding a replacement Experience. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference. As a User, if you have contacted Pick Your Day as provided above and Pick Your Day is unable to find you a replacement Experience, Pick Your Day may at it's own discretion refund the Total Fees for such booking to the applicable User within a commercially reasonable time of the cancellation.

This is done under exclusion of any compensation for damages or other claims under what legal basis whatsoever.

9. PAYMENT PROCESSING

Payment processing services for Localists/Providers on Pick Your Day are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms Of Use (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as an Provider on Pick Your Day, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Pick Your Day enabling payment processing services through Stripe, you agree to provide Pick Your Day accurate and complete information about you and your business, and you authorize Pick Your Day to share it and transaction information related to your use of the payment processing services provided by Stripe.

10. DISCLAIMER ON RIGHT OF WITHDRAWAL

In case that the applicable law for the contract between you and the Localist/Provider grants a right of cancellation in favour of you, you waive that right, to the extent permitted by law.

11. PASSPORTS, VISAS AND PERSONAL RESPONSIBILITY FOR INSURANCE

      1. It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.

      1. As visa and health requirements are subject to change without notice, we recommend that you verify health and visa requirements with the appropriate consulate prior to departure.

      1. We strongly recommend that you purchase a comprehensive Travel Insurance Policy prior to departure. If you cancel your trip or significantly alter travel dates, many policies will reimburse the cost of cancellation fees and related expenses.

12. UNPAID SERVICES

If you do not pay for the booked service or revoke the payment, your claim to the service benefits will be omitted. This will be regarded as a cancellation and cancellation charges will apply according to section 7.

13. EXCHANGE OF MESSAGES

All communication between you and the Localist/Provider must be made through the Pick Your Day booking platform. For this purpose, solely the forms provided by Pick Your Day are to be used.

Messages, which are not handled through the Pick Your Day booking platform or via the forms provided for that purpose, cannot be accepted by the Localist/Provider and they carry no legal effect.

14. EXCLUSION FROM PARTICIPATION

The Localist/Provider has the right to refuse admittance or exclude you from an activity if you do not meet the eligibility requirements, or if your participation puts you or others at risk, or otherwise interferes with the proper conduct of the activity. In these cases, the price paid cannot be refunded.

15. PRIVATE TOUR PROVIDERS

      1. Pick Your Day provides customers with information regarding Private Tour Providers in many destinations. Private tour Providers are independent contractors and not agents or affiliates of Pick Your Day.

      1. Customers are responsible for working directly with private tour Providers on scheduling, meeting time/place, tour specifics and, where specifically noted, payment terms. Pick Your Day makes no representations or warranties of any kind regarding private tour Providers or their services.

      1. By booking a private tour Provider, customers acknowledge and agree that, in addition to Pick Your Day's standard Terms and Conditions, neither Pick Your Day nor its agents are liable for any accidents, losses, injuries, damages, delays, expenses due to any action or inaction on the part of the Provider or his/her services.

16. PICK YOUR DAY FINAL CONFIRMATION E-MAIL

  1. You will receive a personalized Pick Your Day confirmastion e-mail for each tour, event or service booked. In order to access and print your Pick Your Day e-mail(s), you will be provided access to a secure webpage hosted by Pick Your Day that contains a link to your Pick Your Day mails.

  1. You must provide the original, authentic Pick Your Day confirmation to the appropriate service provider in order to redeem your tour, ticket, or package. Your reservation cannot be honored or redeemed without presenting a valid Pick Your confirmation.

17. PICK YOUR DAY GIFT CERTIFICATES

  1. Pick Your Day Gift Certificates can only be redeemed on the PickYourDay.com website. Pick Your Day Gift Certificates are redeemable against any product offered on the PickYourDay.com site.

18 MONEY BACK GUARANTEE

18.1 PickYourDay.com offer a money back guarantee to customers booked a half or single day activity. This guarantee promises to refund the fee paid if you the activity was not as expected.

18.2 Eligibility

18.2.1 The claim must be made by the person who made and paid for the booking.

18.2.2 The claim must be made within 48 hours after the activity.

18.2.3 You must send the claim by email to support@pickyourday.com.  Include: date of tour, name of Localist, detail on what you disliked about the service provided in the claim. We will require up to 31 days to process the claim.

18.3. We reserve the right to terminate, amend or extend the Money back guarantee offer.