1. The Subject of the Agreement. General provisions

  1. YouGo is an online service, available at https://yougo.travel/ , (including all domain levels) via mobile and desktop version and mobile application that allows registered users («Users»), and those offering the services (hereinafter referred to as «Providers», and the services they offer hereinafter referred to as «Expert-designed Tours»), to publish ads offering Expert-designed Tour Programs (hereinafter referred to as «Ads»), as well as to make deals and conclude transactions and to make payments with Users who have the intention to acquire or have acquired exclusive Expert-designed Tours (hereinafter referred to as «Tourists»).
  2. The User is an individual who has reached the age of 18 or a legal entity (in this case, an individual acting on his behalf provides the Administrator and (or) the User, with whom he concludes a transaction, with the necessary documents confirming the legal status of the legal entity and the credentials of its representative, and is recognized as duly authorized by such a legal entity).
  3. YouGo is a set of programs belonging to the Administrator, by which the Administrator provides Users with the technical ability to place Ads in the online service https://yougo.travel/ , and by which the Administrator provides the following services to the Providers: (1) promoting the programs of the Providers, (2) organizing and enabling them to make deals with Tourists (hereinafter referred to as «Booking») and concluding transactions, (3) assisting in the resolution of disputes between Users by providing information regarding their actions in connection with making and executing deals between them.
  4. Expert-designed Tour – the services of the Provider provided to the Tourist in accordance with the «Tour Program». The Tour Program contains a description of the travel route, travel dates, a description of the events to be organized by the Provider, the conditions of participation established for the Tourist. The Tour Program is pre-agreed upon by the Provider and the Tourist. If the Tour Program is implemented within a group of Tourists, all the items of such a program and this Agreement apply to each member of the group. The Tourist undertakes to pay for the Expert-designed Tour in full. The list of prohibited Goods and Services is set out in Annex No. 1 to the Agreement.
  5. The Administrator is an Individual Entrepreneur Mikhail Repnikov (identification number 322940975, registered by LEPL National Agency of Public Registry of Georgia, legal address: Georgia, Region Ambrolauri, Village Khvanchkara, Block N 001, Plot N 047, Namosakhlevi), that owns all rights to the online service YouGo and domain https://yougo.travel/ and which provides services to Users under the terms of this Agreement. The Administrator is not a travel provider or a seller of tourist services or tourist products. By interacting through the YouGo online service, Users enter into contracts directly with each other.
  6. YouGo is not a participant, provider of the transaction, buyer, seller, employer, intermediary, travel agent, insurer, representative of any user, beneficiary or other interested person in relation to transactions between Users, except as provided for in the Terms of Payment Services.
  7. By registering on the YouGo online service and in each case of logging in on YouGo, Users guarantee that they have all the powers necessary to conclude and execute transactions among themselves.
  8. If the User registers on YouGo as an Provider, then the relationship between the Provider and YouGo is limited to the relationship of independent third-party contractors. In accordance with clause 1.6. the Provider is not an employee, agent, participant in a joint venture or a partner of YouGo, but acts solely on his own behalf and in his own interests, but in no case on behalf of or in the interests of the YouGo online service. YouGo does not direct or control the Providers or their activities under this Agreement, including the time during the Expert-designed Tour. The Provider confirms that they offer Services and participate in other business or labor relations on his own initiative.
  9. The Administrator cannot fully control and guarantee the existence, quality, safety, compliance or legality of any Ads or Expert-designed Tours, the reliability or accuracy of descriptions of Expert-designed Tours or other User Content, as well as User actions in accordance with clause 1.6.
  10. The Administrator's marks in the YouGo online service about the User's verification, for example, that the User is "verified" (or other similar definitions), mean exclusively that the User has passed the appropriate verification procedure or check on YouGo. These marks are not a recommendation of the Administrator to other Users.
  11. The Administrator can display Ads and other User Content on third-party resources: websites, mobile applications, emails and newsletters, online and offline advertisements - in order to promote the YouGo online service and increase the views of Ads by potential Tourists.
  12. The Administrator can carry out partial, complete or approximate translation of Ads or User content into foreign languages, including through Google translation tools.
  13. The YouGo online service may contain links to third-party websites and resources («Third-Party Services»). The use of Third-Party Services may be governed by other terms and conditions, including privacy conditions. The Administrator is not responsible for the availability or accuracy of Third-Party Services, as well as for the content, products or services of Third-Party Services. The presence of links to Third-Party Services does not imply any guarantees regarding Third-Party Services on the part of the Administrator.
  14. Due to the fact that the Administrator is not a person who provides the technical possibility of continuous access to the Internet for Users and for themselves, the Administrator cannot guarantee the constant and continuous availability of the YouGo online service to Users. The Administrator has the right to restrict the Users' access to the YouGo online service, its sections or functions, if it is necessary to maintain proper bandwidth, security or integrity of its servers, as well as to carry out technical measures to ensure proper or improved functioning of YouGo. The Administrator can improve, expand and modify YouGo, as well as introduce new Services without the consent of Users.
  15. This Agreement between the Administrator and the Users is exhaustive with respect to the use of the YouGo online service and access to it, canceling and replacing all previously existing oral and written agreements and arrangements in this regard, except in cases of supplementing the Terms by introducing additional rules, standards, norms or conditions.
  16. This Agreement or the User's use of YouGo does not imply the creation of any joint venture or partnership between the User and the Administrator, as well as the establishment of labor relations.
  17. If any of the provisions of this Agreement are declared invalid or unenforceable, this provision will be deemed deleted and will not affect the validity and enforceability of the remaining provisions.
  18. Failure to enforce any right or provision of these Terms by the Administrator does not imply a waiver of enforcement of this right or provision in the future. Except as expressly provided in these Terms, the use by any of the parties of any remedies available to it provided for in this Agreement will not restrict the use of other remedies available to it provided for in this Agreement or permitted by law.
  19. The User does not have the right to assign, transfer his rights and obligations under this Agreement without the prior written consent of the Administrator. The Administrator may, without restrictions and at his discretion, assign, transfer or delegate this Agreement, as well as their rights and obligations under this Agreement, by sending the User a corresponding notification 10 days in advance. The User has the right to terminate this Agreement unilaterally at any time by sending a corresponding written notification to the Administrator.
  20. Unless otherwise specified, all notifications or other messages, sending of which is permitted or required by this Agreement, are issued in electronic form and sent by the Administrator via e-mail, by posting on YouGo or by sending newsletters.
  21. The User has the right to use YouGo all over the world, if this does not conflict with the legislation of the country of the User's location/stay.
  22. The Agreement comes into force for the User from the moment they join the Terms of the Agreement and is valid for an indefinite period.
  23. The Agreement terminates if: (1) The User decides to terminate the use of YouGo by sending the Administrator a corresponding notification (by contacting via the YouGo interface); (2) The Administrator decides to terminate the Agreement unilaterally out of court with the immediate termination of access and the ability to use the YouGo Platform and without compensation for any costs or losses, unless otherwise provided by applicable law. In particular, the Administrator has the right to make such a decision in the event of: closure of the Service; any, including one-time, violation of the Terms of the Agreement by the User.
  24. With regard to the functioning and development of the online service YouGo, the Administrator is guided by the legislation of Georgia, this Agreement and other special documents that have been developed or may be developed and adopted by the Administrator in order to regulate the provision of Users with access to YouGo.
  25. In case of any disputes or disagreements related to the execution of this Agreement, the User and the Administrator will make every effort to resolve them through negotiations between them. If the dispute is not resolved through negotiations, the dispute shall be resolved in accordance with the procedure established by the current legislation at the location of the Administrator, unless otherwise expressly provided by applicable law.
  26. Appeals, proposals and claims of individuals and legal entities to the Administrator in connection with the execution of this Agreement and the operation of YouGo, violations of the rights and interests of third parties when using YouGo, as well as for other requests may be sent to the Administrator's details specified in this Agreement.

2. Registration on YouGo

  1. The User registers in the YouGo online service using their first name, last name, mobile phone number and email address. After registration, a unique User profile is created - an Account. When registering, the User selects the status on the YouGo online service - Tourist or Provider.
  2. One User has the right to register only one Account. The User does not have the right to transfer rights to the Account and grant access to it to third parties. The User is obliged to maintain the confidentiality of their YouGo login data and inform the Administrator about any cases and attempts of unauthorized access to his Account. All actions performed on the YouGo by a person authorized using the User's login data are considered committed by this User and entail responsibility for this User.
  3. To register, the User specifies their first name, last name, email address and phone number (these data allow identifying the platform user) used for Account management and further access to the User's Personal Account, as well as other information necessary for using the YouGo Platform. After registering an Account, the User gets access to a personal page on the platform's website – «Personal Account».
  4. If an unregistered User clicks the “Call the provider” button in the YouGo online service and makes a call to the phone number specified in the form that pops up after pressing the button, or clicks the “Text” button and indicates his phone number in the form of a message to the Provider, or clicks the "Book" button and enters his phone number in the pop-up form, then the User's phone number, from which he made that call or indicated in the pop-up form, is sufficient to register the User in the YouGo online service, and by performing any of these actions, the User automatically is registered in the online service YouGo.
  5. The User is obliged to provide reliable information about themselves during Account registration that does not violate the law and the rights of third parties. The User is obliged to update information about themselves as necessary.
  6. The Administrator has the right to request documents or information from the User for verification or confirmation of authority, and if they are not provided, restrict access to the User's Account.
  7. The Administrator has the right to refuse registration or block or delete the User's account without requesting any documents or confirmation of authority, if the Administrator has reason to believe that the information provided by the User is unreliable.
  8. The Administrator cannot guarantee that all the information provided by Users on YouGo is true. The fact that the User successfully passes verification does not mean a guarantee of the reliability and relevance of the information specified by the User in the Tour Program and in the profile, or recommendations to other Users to make deals with them. The verification information is for reference purposes.
  9. The User undertakes not to transfer his personal account login data to third parties (including the SMS code or the code sent to the email address), undertakes to immediately notify the Administrator of the compromise (risk of compromise) of his Personal Account login data, if the compromise (risk of compromise) has become known to the User in advance.
  10. All actions performed using the User account are considered to be performed directly by the User. The User is responsible for these actions in full.
  11. After creating an account, the User provides the Administrator with information about themselves that is necessary and sufficient to use the YouGo online service, as well as additional information at his discretion, can edit or delete information.
  12. By placing information on YouGo, the User agrees that such information may be available to other YouGo Users in connection with the conclusion, execution, termination of transactions, as well as during User negotiations prior to the conclusion of transactions.
  13. The Administrator does not disclose to third parties information about Users who are not publicly available, except in cases provided for by law (for example, at the request of some public bodies). At the same time, the Administrator cannot be held responsible for third-party illegal actions in relation to information that Users have independently placed in the public domain on YouGo.
  14. By registering an account on YouGo, the User gives his consent in accordance with clause 1 of Article 18 of the Federal Law of 13.03.2006 N 38-FZ "On Advertising" to receive from the Administrator advertisements (advertising messages) sent by the User's contact information (email address, phone number, messenger program account) contained in the Account. The User has the right to refuse to receive advertising messages at any time by notifying the Administrator in writing or through their Personal Account.

3. Personal data

  1. The processing of the User's personal data is carried out by the Administrator in accordance with the legislation of Georgia and the Administrator's Privacy Policy (the "Policy"), which is freely available on the YouGo website at https://yougo.travel/privacy.
  2. The User is obliged to familiarize themselves with the Policy before using the YouGo online service. The User is deemed to have accepted the Terms of this Agreement and the Policy in full when registering an account on the YouGo website.
  3. If, after changes and/or additions made to this Agreement and/or the Policy, the User continues to perform actions on the YouGo online service, this means that the User agrees to such changes and/or additions.
  4. By performing any of the above actions, the User confirms that they have the necessary legal capacity in accordance with the current legislation (they are an individual who has reached the age of 18 or a legal entity registered in accordance with the legislation of the country of incorporation) to use the YouGo online service and understands the meaning of the actions performed.
  5. The User gives their consent to the processing, storage and use of his personal data on the basis of any applicable laws in User's local jurisdiction for the following purposes:
    • User registration for the YouGo online service,
    • implementation of customer support by the technical service of the website,
    • organization of transactions between the User and other Users of the website in accordance with this Agreement, deals made between them in accordance with the procedure established by current legislation,
    • fulfillment by other Users of obligations to the User, fulfillment of the User's obligations to his counter-parties, receipt of advertising information by the User,
    • conducting an audit and other internal research by the Administrator in order to improve the quality of the services provided.
  6. The personal data of the User means any personal information that allows establishing the identity of the User, including:
    • Last name, First name, Patronymic,
    • Passport data,
    • Date of birth,
    • Contact phone number,
    • Email address,
    • Postal address,
    • Bank account details,
    • Residential address.
  7. The User's personal data is stored by the Administrator exclusively on electronic media and processed using automated systems, except in cases when non-automated processing of personal data is necessary in connection with compliance with legal requirements.
  8. This Consent is given by the User to the Administrator and is valid from the date of its signing (by putting any symbol under the inscription "I agree" or a similar one on the page under the text of this Agreement - until the day of its withdrawal in writing).
  9. The User, by agreeing to this Agreement expresses his consent to the implementation by the Administrator of any action (operation) or set of actions (operations) performed with or without the use of automation tools with his personal data (processing of personal data), including collection, recording, copying, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (provision, access) to third parties in compliance with requirements of confidentiality of information, depersonalization, blocking, deletion, destruction of personal data, and confirms that by giving such consent, they act of their own will and in their own interest. When processing personal data, the Administrator is not limited in the use of methods of processing them.
  10. The consent is given by the User in order to fulfill this Agreement, the possibility of using the functionality of the YouGo online service, including for actions in accordance with the Terms of payment services specified in sections 8-14 of this Agreement.
  11. By agreeing to this Agreement, the User acknowledges and confirms that if it is necessary to provide his personal data in accordance with the requirements of the current legislation of Georgia to achieve the abovementioned goals to third parties, the Administrator has the right to disclose information about them (including their personal data) to such third parties to the extent necessary to perform the abovementioned actions, as well as to provide relevant documents. At the same time, the abovementioned third parties have the right to process the User's personal data on the basis of this Agreement.

4. Payment for Administrator Services

  1. The Administrator may charge fees from the Providers («Fees from the Provider») for using the online service YouGo in the cases, in the manner and on the grounds specified in the Terms of payment services, which are an integral part of this Agreement.
  2. All applicable Service Fees, including Taxes, will be shown to the Provider before the Ad is published. The Administrator reserves the right to change the Service Fee at any time, notifying Users in advance before the changes enter into force. The fee changes will not affect bookings made before the fee change enters into force.
  3. The Operator deducts (withholds in favor of the Administrator) the Service Fee with all taxes from the Tariff for the Ads before transferring the payment to the Provider.
  4. The Service Fee is non-refundable by the Administrator. In case of cancellation of the booked tour (regardless of the reason) for which the Service Fee was withheld, the Provider (if there is reason) returns to the Tourist the money paid by them for the tour minus the Service Fee withheld by the Administrator. At the same time, the Tourist receives a discount on the purchase of the next Tour in the amount of 100% of the cost of the withheld Service Fee. The rules of this paragraph apply, unless otherwise specified on the YouGo website.

5. Rights and Obligations of the User

  1. Users have the right to use the YouGo online service for free in the following cases:
    • The Providers are free to place Ads on the YouGo online service for free.
    • The Tourists are free to search for and receive information about Expert-designed Tours, Ads, Providers, communicate with the Providers and the Administrator and perform other actions on the YouGo online service that do not contradict this Agreement.
  2. When creating an Ad, the Provider is obliged to:
    • When creating an Ad, the Provider is obliged to: provide complete and accurate information about their Services. The Administrator reserves the right to determine at his own discretion whether the proposed Expert-designed tours will be placed on the YouGo online service;
    • inform Tourists about all risks associated with the Expert-designed Tour, all requirements for Tourists, including, but not limited to: minimum age, related skills, level of training or other requirements, as well as provide other information necessary and sufficient to participate in the Expert-designed Tour (including information about visas, dress code, equipment, special certification or licenses, etc.);
    • observe the following condition: the cost of any of the Provider's tours placed on the YouGo online service is no more than on any other resource of the Internet: on their own website or page or account in social networks such as Facebook, Instagram, Pinterest, Youtube, VKontakte and others. If a Tourist finds a Tour of this Provider at a lower cost within 48 hours after the payment made and provides a valid link to information about it, the Administrator will return to them the difference between the cost indicated by the Provider on YouGo and the one found by the Tourist. In this case, the Provider must immediately lower the cost of the Tour on YouGo and compensate the Administrator for this difference.
  3. The Providers are solely responsible for the Expert-designed tours carried out by them and the published Ads. The responsibility of the Administrator is limited to providing access to Ads about Expert-designed Tours through the YouGo online service.
  4. The User is responsible for the purchase of any accessories, including provisions, vehicles, venues and other materials («Tools»), necessary for organizing an Expert-designed Tour or participating in it. The User is solely responsible for ensuring that the Tools used as part of the Expert-designed Tour are in working condition and comply with all laws governing safety, equipment, inspections and serviceability. Unless otherwise provided by law, they assume the entire risk of damage or loss of Tools.
  5. The User is responsible for understanding and complying with all laws, regulations and requirements that may be applicable to the Expert-designed Tour; obtaining all necessary licenses, permits or registration documents for the Expert-designed Tour; and compliance with any agreements between them and any third party in relation to the Ad and/ or organization of the Expert-designed Tour.
  6. Authorized Users can write messages and call each other on the YouGo online service to discuss Ads and conditions of Expert-designed Tours. It is forbidden to use messages and calls for any other purposes. Messages and calls to users for purposes not provided for in the Terms violate the law on personal data and cause losses to the Administrator.
  7. The Administrator has the right to record, analyze and store messages and calls made through the YouGo online service and to replacement numbers. Messages and calls in the mobile app and on the YouGo website are not personal. The Administrator has the right to selectively view correspondence and listen to call recordings in order to ensure compliance with the Terms of Use of YouGo and improve the operation of the YouGo online service.

6. Rights and responsibilities of the Administrator

  1. The User, by his own efforts and means, provides opportunities for himself to study the conditions for the provision of the YouGo online service and the Administrator's services, laws, rules and regulations that may apply to Ads and/or Author's Tours, without relying on any statements of the Administrator on legal and other issues regarding any Ad.
  2. The Administrator has the right to use a fake phone number in the Ads on the YouGo, calls from which are forwarded to the User's real number. The Administrator has the right to determine call forwarding settings, including the maximum number of calls to a replacement number for a certain period from certain groups of Users. The costs associated with forwarding are borne by the Administrator.
  3. The Administrator has the right to send Users to the email address or phone number specified in the profile in the form of push notifications or notifications in the User profile:
    • system notifications that cannot be unsubscribed from: for example, to confirm registration, to inform about restricted access to a profile or ads;
    • service alerts related to User actions: for example, about receiving a message from another user, personal collections of ads of interest;
    • marketing notifications: tips from YouGo, invitations to participate in research, promotions and news from YouGo and partners.
  4. The Administrator does not own, sell, resell, organize, provide, manage and/or control any Ads and Author Tours. Author tours may involve risks of illness, injury, physical injury or death. Deciding to use such Author's tours, the User voluntarily and consciously assumes these risks. The User assumes full responsibility for the actions performed before, during and after using the Author's Tours and the Payment Service. If the User travels with minor children, then he is solely responsible for minors when using Author's tours. The above disclaimer applies to the maximum extent permitted by applicable law.
  5. The Administrator reserves the right to make changes to this Agreement at any time. The updated Agreement is published in the online service WOUTRIP with the date of the last update at the top of the first page. The Administrator also informs Users about the changes made by e-mail at least 10 (ten) days before the changes take effect. In case of disagreement with the updated Terms, the User may terminate this Agreement with immediate effect. By not terminating the Agreement before the date of entry into force of the changes and continuing to use the VOUCHER, the User thereby confirms the acceptance of the updated Terms.

7. Rights to the YOUGO online service

  1. The exclusive rights to the YOUGO, including, but not limited to, computer programs, databases, interface, technical developments, logo, trademark, and other means of individualization used on the YOUGO and allowing implementing YOUGO functions shall belong to the Administrator.
  2. Except as provided by the Agreement, as well as the current law of Georgia, the YOUGO online service and its components, including those listed in the clause above, may not be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred, sold or otherwise used in whole or in parts without the prior written permission of the Administrator.
  3. If the information (content) posted by the User is protected by copyright, the rights to such information shall be reserved by the User who posted such information. The User shall grant other YOUGO Users a gratuitous non-exclusive right to use such content by viewing, reproducing (including copying), processing (including printing copies) and other rights solely for personal non-commercial use, except cases where such use causes or may cause harm to the legally protected interests of the copyright holder.
  4. The User shall grant the Administrator a non-exclusive right to use, free of charge, the content posted on the YOUGO and legally owned by him to ensure the YOUGO operation by the Administrator to the extent determined by its functions and architecture, as well as the display of content in the Administrator's promotional materials (advertising materials), including YOUGO platform interface images, including bringing such promotional materials (advertising materials) to the public to advertise YOUGO on various information resources.
  5. The specified non-exclusive right shall be granted for the entire duration of the exclusive right, includes, among other things, the right to reproduce content, as well as to process content by including it in a complex object or composite work, subsequent display, communication to the public, cable communication, etc. and extend its effect to the territories of countries around the world.
  6. The Administrator may transfer the rights specified in this clause to third parties. The expiration of the term for posting content on YOUGO and/or the term of the non-exclusive right shall not entail the need to withdraw the Administrator's promotional materials (advertising materials) with content display (including their removal from the Internet). Nothing in the Agreement shall grant the User the right to use the logo, trade name, trademarks, domain names and other distinguishing marks of the Administrator.
  7. The User's refusal to use YOUGO and/or content removal shall not terminate the Administrator's non-exclusive rights to the User's content that was used by the Administrator before the decision to unilaterally refuse the User to fulfill the Agreement.

8. Procedure for Deals

  1. The main definitions used in describing the procedure for Deals:
    • The Operator is a money transfer operator, a payment agent acting under an agreement with the Administrator to ensure that Users make payments under made transactions.
    • The Payment is a payment to the Provider made by the Operator from the funds received from the Tourist as payment for the Author's tour.
    • The Payment method is the means of payment that the User specifies in his Account, for example, a debit bank card.
    • (The Prepayment and the Postpayment) are payments from the Tourist to the Provider for the Author's tour (payments are accepted in United States dollars or euros).
    • Deal is a civil law transaction between Users (the Tourist and the Provider) via the YOUGO online service.
  2. To successfully conclude the Deal in the YOUGO online service, the Provider shall:
    • register an account as an Provider on the platform (these actions are an analogue of the User's handwritten signature («HSA»);
    • fill in payment details to receive the payment;
    • authorize in the Personal account, create an Announcement of his Author's tour with all the essential conditions, including, but not limited to, the following: travel dates, travel information, number of seats, country, place, minimum age of tourists, travel program, requirements for tourists, comments and other conditions;
    • if necessary, attach files (photos, videos, etc.) to the Announcement;
    • respond to the messages of the Tourists received in chat on YOUGO. The Provider shall receive notices about new questions from Tourists by e-mail;
    • receive an email notice of a tour booking request from the Tourist. In such a case, the Provider has 24 hours to confirm or reject the request. If within 24 hours the Provider has not confirmed or rejected the request, the booking shall not be confirmed, and the Deal shall be considered not made;
    • in case of booking rejection due to the end of the set - change tour information;
    • be liable for the provision of services immediately after booking request confirmation and prepayment receipt from the tourist by the Operator, which the Provider learns from e-mail notification and his personal account;
    • leave a review about each participant after the end of the trip as part of the Author's tour.
  3. To successfully conclude the Deal in the YOUGO online service, the Tourist shall:
    • leave personal information in feedback forms of the Service or register as a Tourist at https://yougo.travel/register (these actions are the Tourist's HSA);
    • authorize in the Personal account under his account after registration or after feedback from the Administrator;
    • choose available Ads of the Providers on the Service and book a place by clicking on the "Book places" button. If necessary, before booking a trip, the Tourist can contact the Provider to clarify the details via chat on the tour page or with the Administrator via the feedback form (by leaving a phone number for communication), WhatsApp, Telegram or email.
    • by clicking on the "Book places" button, the Tourist shall accept the Provider's Offer and get to the payment page, and by clicking on the "Book places" button, the Tourist shall agree with the Operator's public offer and be directed to the page for payment.
    • After the Offer is confirmed with HSA by the second Party, it shall receive the status of a Deal and receive the status of "Pending payment". Actions related to the conclusion, modification, termination or execution of the Transaction by a person authorized under the corresponding User account to access Protected Website pages shall be considered to be committed directly by the User, as if they were committed by him personally. The Provider may refuse the Tourist to confirm the booking request within 24 hours from the moment of its sending.
  4. The User hereby confirms that he is aware that the Operator, other credit organizations and other persons providing payment services may set their own fees for accepting payments within the Service. Under no circumstances shall the Administrator compensate Users for such commissions.
  5. The conditions for the transfer of funds to pay for the Services of the Providers shall be established in the relevant public offer of the Operator, which is placed under the button "Book places" and be available to the Tourist for review before transferring funds.
  6. The Administrator, within the Service provided to Users, shall provide services to ensure information and technological interaction between Users and the Operator. For the above services, the Administrator shall withhold the Service fee when the Tourist pays for the Provider's Services.
  7. After confirming the booking, the Tourist may make an advance payment or the full tour cost via the YOUGO online service. Other payment methods are prohibited. The Provider may accept Postpayment from the Tourist in cash without YOUGO.
  8. If the procedure for payment by Users is violated, the Administrator may block the violator's account at his own discretion without prior notice.

10. Scope and use of Payment services

  1. The Administrator shall provide Users with Payment services through and due to the YOUGO online service, including the collection, as well as the transfer and payment of funds (hereinafter - Payment services).
  2. The Administrator may temporarily and subject to the legitimate interests of Users (for example, by sending a prior notice) restrict access to the Payment services or their individual functions to perform technical work ensuring the proper or improved functioning of the Payment services. The Administrator may improve, expand and modify the Payment services, as well as introduce new Payment services. The Administrator shall notify Users of any changes to the Payment services, unless such changes are of a minor nature and do not have a significant impact on the contractual obligations of the parties.
  3. The Payment services may contain links to third party websites and resources (Third party services). The operation of Third party services shall be subject to other terms and conditions, including privacy terms, and Users shall review them separately. The Administrator shall not be liable for the availability or accuracy of the Third party services or for the content, products or services of Third party services. Links to Third party services do not imply any Administrator guarantees regarding Third party services.
  4. Payment services shall be provided exclusively under the law of Georgia.
  5. To use or access certain Payment services, Users may be required to comply with or accept additional conditions. Unless otherwise stated, if any conflict between these Payment terms and the terms applicable to certain Payment services, the latter shall prevail in relation to the use of or access to such Payment services.

11. User verification when using Payment services

  1. The Operator may condition access to functions and services of the Payment services, as well as their use by certain conditions, for example, to require verification or compliance with certain criteria.
  2. The Administrator and the Operator may request any information to identify or verify the payer's identity, as well as to prevent fraud. In this regard, the payer shall allow the Administrator and the Operator to search for their personal information in third-party databases and other sources, as well as request reports from service providers. The law of some jurisdictions obliges the Administrator and the Operator to collect personal data to comply with anti-money laundering regulations. These measures may include a request to provide an identity document, indicate the date of birth, address and other information; requiring you to verify your email address, Payment method; attempts to verify your information in third-party databases. The Operator shall reserve the right to terminate, suspend or restrict access to the Payment services if it is impossible to receive or verify your data.
  3. An Account on YOUGO shall be a prerequisite for using the Payment services.

12. Payment methods

  1. The User shall choose a Payment method in his personal account and inform the Operator about it:
    • general information, including the name, address of the payer and information of the means of payment;
    • information about its organizational and legal form: individual or legal entity;
    • country and other information required by the Operator (when using some Payment methods, the following information may be required to use a Payment method: place of residence, account holder name, account type, bank code, account number, email address, payout currency and account information with the payment operator).
  2. If the Provider does not have a Payment method defined, the Administrator may withhold an additional amount of 40 United States dollars to cover the additional transaction costs of the Operator.
  3. The User shall be liable to provide accurate, relevant and complete information when adding Payment methods and to maintain the validity of Payment methods.
  4. The use of Payment methods may require the use of third-party payment processors. Such payment processors may charge Users additional fees for processing payments as part of the provision of Payment services, including fees deducted from the Payment amount. The Administrator shall not be liable for such fees and shall be exempted from any liability in this regard. Use of Payment methods may be subject to additional rules of third-party payment operators. Before using Payment methods, the User is advised to read these rules.
  5. By this Agreement, the User shall authorize the Operator to store information about his Payment method and carry out debits by the specified Payment method under these Payment terms. If the bank information of the Payment method (for example, account number, bank code, expiration date) changes as a result of reissuance or for other reasons, the Operator may obtain this information from our financial services partners or the User's bank, as well as update the information about the Payment method saved in the Account.
  6. The User shall be solely liable for the accuracy and completeness of the information about Payment methods. The Administrator shall not be liable for any losses incurred as a result of the User providing incorrect information about Payment methods.

13. Payment procedure

  1. Service fee is a fee charged by the Administrator from the Provider upon confirmation of a booking in United States dollars or euros to cover the Administrator's expenses for keeping operation of the YOUGO online service, user support, provision of services for information technology interaction, including the collection, processing and transfer of Information about Transfers and other information through a software package providing information and technological interaction (“Systems”) under “Regulations for the transfer of information” approved by the Operator, as well as for the transfer of funds to the Recipients in the manner and within the period specified by these Terms.
  2. Information about the size of the Service fee for the Provider shall be given in his personal account. By continuing to operate as an Provider on the YOUGO online service (by posting ads, making transactions with Tourists, etc.) after displaying information about the Service fee amount in his personal account, the Provider shall express his consent to the specified amount of the Service fee and payment terms.
  3. Tourists and Users booking Author's tours shall not pay the Service fee.
  4. Relations between the User and Recipients of funds, between the Payer and the Recipient, as well as between the Payer and the Credit institution shall be governed by agreements concluded between them and shall not be regulated by this Agreement.
  5. The Operator shall make a payment from the Tourist’s funds according to the Payment method specified by him in favor of the Provider according to the Payment method specified by him in the prepayment amount (Prepayment) specified when creating the Ad when the Provider confirms the User’s request for booking the Author’s tour. The second part of the Payment (Postpayment) shall be charged from the Tourist 3 days before the start of the Author's tour program specified by the Provider, unless otherwise indicated on the tour page.
  6. The time it takes for Payments to be credited may depend on the Payment method chosen and the Payment method processing schedule set by the payment system. The Operator may defer or cancel any Payments to prevent illegal activity or fraud, as well as to ensure security for the risk assessment or investigation term.
  7. The Payment amount shall be transferred by the Operator after deducting the Service fee. The Service fee amount shall be indicated in the Provider's Personal account and shall be considered agreed upon by him from the moment the Ad is placed.
  8. The payer shall receive confirmation of the transfers made by the Operator to the e-mail address specified by him during registration.
  9. Each Provider that has published an Ad, by this action under this Agreement, shall appoint the Operator as his collection agent solely to receive funds from Tourists purchasing his services.
  10. The Provider has agreed that the payment made by the Tourist through the Operator shall be equal to the payment made directly to the Provider. The latter shall provide the paid services to the Tourist in an agreed manner. The Provider has been notified that the Operator may return funds to the Tourist under the Operator's conditions or legal requirements. The Provider shall understand that the Operator's obligation to transfer the Payment shall be due to the successful receipt of the relevant funds from the Tourist. The Operator shall guarantee Payment transfer only in the amount successfully received by the Operator from the Tourist.
  11. Each Tourist shall agree that the Administrator and Operator shall not be a party to the agreement between him and the Provider, but shall act as a limited liability collection agent on behalf of the Provider. After the transfer of funds to the Operator, the Tourist's obligation to pay for the Provider's services for the agreed amount shall be considered fulfilled.

14. Change of booking, cancellation and refund

  1. By posting Author's tours in the YOUGO online service, the Providers shall choose the cancellation policy on their own, and Users shall review them before booking.
  2. If the Tourist cancels the booking (refuses to fulfill the agreement with the Provider regarding the Author's tour before its start, but after the Prepayment and/or Postpayment), the prepayment amount shall be returned by the Provider to the Tourist under the cancellation rules indicated on the page of the Author's tour. If the Provider does not specify the cancellation conditions, the return conditions shall be as follows:
    • Cancellation of booking more than 35 days before the Author's tour under the Ad - the full prepayment cost shall be refunded.
    • Cancellation of booking within 34 to 16 days before the Author's tour under the Ad - 50% of the prepayment shall be refunded.
    • Cancellation of booking within 15 days or less before the Author's tour under the Ad - the prepayment shall not be refunded.
  3. If the Tourist has already made 3 refunds in the last 12 months, the current refund shall be made without the Tourist fee in the amount of 120 United States dollars.
  4. After the refund transfer by the Operator, the Provider's obligation to refund the agreed amount to the Tourist shall be considered fulfilled, and the deal shall be considered closed.
  5. If the Provider cancels booking (refuses to fulfill the agreement with the Tourist in relation to the Author's tour before it, but after the Prepayment and/or Postpayment), the prepayment amount shall be returned by the Provider to the Tourist in full.
  6. If the Author's tour is cancelled by the Provider, the latter shall agree to be liable for the return of funds under this offer.
  7. The Administrator shall apply sanctions to the Provider who canceled booking under clause 13.5., by charging a cancellation fee (penalty), which is deducted from the first payment after cancellation:
    • if canceled more than 16 days before the tour, the penalty shall be 50 USD\EUR from the next payment;
    • if canceled within 16 days before the tour, the penalty shall be 100 USD\EUR from the next payment;
    • In some cases, the penalty shall be deducted from the refund of the Service fee.
  8. The Provider will be exempted from the penalty if he has accepted 10 or more bookings in a row without cancellations since the start of publishing of the Ads or since the previous cancellation.
  9. The Provider shall confirm that the Service fee is a payment for the Administrator's services and shall not affect the amount of the refund to the client in case of trip cancellation.
  10. The Tourist shall know in advance the exact amount to be refunded and the refunded shall be made within 10 (ten) business days, except weekends and holidays, as well as natural or man-made incidents. In this case, the refunded period can reach 60 (sixty) business days and will be published on the platform.

15. Payment procedure using payment cards

  1. To use the Service, the Provider (if the Provider is an individual) shall have a payment card linked to his Personal account to credit funds to pay for the Services, to make a refund, partial refund in cases provided for in this Agreement.
  2. To use the Service, the Tourist may enter the details of his payment card each time when making a payment for the Service. He also may link the payment card to his Personal account.
  3. In the case of "binding" the card or in case of a one-time entry, payment card details shall be entered in the payment window of the Money transfer operator. The Service shall redirect the Tourist to the payment window for entering payment card details when the Tourist clicks on the "Book places" button.
  4. Subject to obtaining authorization from the Tourist's payment card issuer, in the manner prescribed by the agreements between the Operator and the Tourist, funds shall be debited from the Tourist's payment card and subsequent settlements shall be made with the Administrator and the Provider.
  5. After payment, the Provider shall be automatically sent a notification of payment, the need to confirm the order and the Provider's readiness to fulfill the Agreement within 24 hours.
  6. The Provider shall fulfill his obligations under the Deal within the term and in the manner specified in the Provider's offer, as well as notify the Tourist about this through the Service (by pressing the "Deal made" button). The term shall not exceed the Deal term.
  7. The Tourist shall confirm the Deal within the Deal term by pressing the button "Deal execution confirmed". After that, the Operator shall receive an automatic notification of the need to transfer funds for the Services to the Provider. Pressing the specified button by the Tourist shall be the basis for the Operator to execute the Tourist's order to transfer funds for the Services to the Provider in the manner prescribed by the agreement with the Operator.
  8. If the Tourist has not confirmed the Deal, the Operator, under the implicit instruction (order) of the Tourist, shall automatically transfer the funds for the Service to the Provider.
  9. The Provider shall be liable for compliance with the Deal term and method specified in the Offer agreed with the Tourist. If the Provider violates the Deal term or conditions:
    • the order is subject to cancellation;
    • funds are subject to refund to the Tourist under the Cancellation and Refund rules according to these conditions;
    • The Administrator may suspend and (or) terminate the Provider's access to the Website in whole or in part.
  10. If Deal execution by the Provider does not correspond to the description specified by the Provider in the Offer, the Tourist may demand compensation from the Provider and hold the Provider liable under the law of the the Provider’s jurisdiction. In this case, the Tourist shall not be entitled to hold the Administrator liable under clauses 1.6, 1.8, 1.9. and other provisions of this Agreement.
  11. All issues not regulated by the Agreement relating to the Deal and its execution by the Parties are subject to resolution under the current law of the Parties’ jurisdiction.

16. Administrator's details

Company Name: Marketnet Technologies – FZCO
Registration Number: DSO-FZCO-17046
License Number: 18482
Signing Person: Mikhail Repnikov, General Manager
Address: Dubai Silicon Oasis, Dubai Digital Park, IFZA Dubai Building A1 – Dubai 342001, UAE
Telephone: +971 509430175
Email: [email protected]

Bank Account Requisites:
Account GE42BG0000000537417690
Beneficiary I/E MIKHAIL REPNIKOV
Bank of Georgia, SWIFT: BAGAGE22; 29a Gagarin street, Tbilisi 0160, Georgia

17. Details of the Money transfer operator

Tinkoff Bank joint stock corporation
(PSRN 1027739642281, TIN/KPP 7710140679/775001001)
OKVED 64.19 OKPO 29290881
Legal address: Moscow, 127287, the 2nd Khutorskaya str., 38A, bld. 26
Postal address: Moscow, 127287, the 2nd Khutorskaya str., 38A, bld. 26; P. O. box 23, Moscow, 102001
BIC 044525974
set./acc. 47422810900000081042
Correspondent account 30101810145250000974 in Branch 1 of the Main directorate of the Central bank of the Russian Federation in the Central federal district, Moscow