These Terms (hereafter, the “Terms”) govern your use of the products and services offered by the company 9379-6225 Québec Inc. (“Trvlher,” “we,” “us”) and of the Website www.Trvlher.com, including its sub-domains (collectively, the “Site” and with all other products and services offered in the present and in the future by Trvlher, “Trvlher Services”).
Every time you use Trvlher Services, you acknowledge having read the Terms, understood their scope and accepted them. Furthermore, you certify that all the people you represent accept to be bound by these Terms and you declare and guarantee that you are authorized to accept these Terms in your name and in the name of the people you represent.
These Terms constitute a legally binding agreement (hereafter, the “Agreement”) between you and Trvlher and they govern your access and use of Trvlher Services. If you do not accept every provision of these Terms or if you are not authorized to accept these Terms, please do not use Trvlher Services.
Trvlher Services allow registered female users (“Members”) and women who offer Accommodation services (female Members who offer accommodation are called “Hosts” and the Accommodation services that they offer are called “Accommodation Services”) to publish their Accommodation Services pertaining to rooms and properties (the “Accommodations”) on the Site, to communicate and to discuss directly with the Members who wish to book these Accommodations (the Members who book Accommodations are “Guests.”)
Hosts are solely responsible for their listings and Accommodation Services. As Host, you acknowledge that there is no relationship of subordination between you and Trvlher. When the Members make or accept a booking, they conclude a contract directly between themselves. Trvlher acts only as an intermediary between the Member and the Host.
Hosts are solely responsible for respecting all the laws and regulations that apply to their listings and their Accommodation Services. Hosts are solely responsible for obtaining the licenses, permits or authorizations required for all the Accommodation Services they offer.
Despite our best efforts, we cannot guarantee the accuracy and precision of the information. At all moments, each Host remains responsible for the precise, complete and accurate nature of the information that concern it and that are displayed on our Website, in particular rates, conditions and availability. We cannot be held responsible for any errors, interruption of service or any incorrect, misleading or wrong information.
The Trvlher Platform reserves the right to modify, correct and update any errors, inaccuracies or omissions at any moment and without notice.
Trvlher has not control over and does not guarantee: a) the existence, the quality, security, conformity or legality of any Accommodation or Accommodation Service; b) the accuracy of any listing, review or any other Member content; or c) the performance or the behavior of a Member.
The creation of a Trvlher Account (as defined below) or listing of an Accommodation is not pre-approved by Trvlher and cannot be considered a guarantee by Trvlher about a Member, including the Member’s identity, background or even if a Member is worthy of trust. Trvlher assumes no responsibility with regards to confirming the identity of a Member. You must always exercise reasonable due diligence when you decide to stay in an Accommodation, to accept the booking request of a Guest, or when communicating or interacting with other Members, whether online or in person.
2.1 Searching You can search for Host Services by using criteria like the type of Host Service, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), and more. Learn more about search results in our Help Center.
2.2 Booking When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Payments may charge and collect any security deposit identified during checkout. When you receive the booking confirmation, a contract for Host Services (sometimes called a reservation in these Terms) is formed directly between you and the Host. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Host. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.
2.3 Accommodation Reservations An Accommodation reservation is a limited license to enter, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.
To access and use Trvlher Services, specifically to list or book an Accommodation, you must create an account (“Trvlher Account”) through an email address and the creation of a password.
Every Member who creates a Trvlher Account must fulfil the conditions below: a) be at least 18 years of age; b) provide correct, up to date and complete information during registration and keep up to date at all times the information in your Trvlher Account; c) does not use as username the name of another person or another entity, a name that is not legally available or a name that is offensive, vulgar or obscene; d) does not create more than one (1) Trvlher Account, unless authorized to do so by Trvlher. e) does not assign or transfer their Trvlher Account to another party.
Any failure to comply with the conditions listed above constitutes a breach of these Terms and may lead to the immediate termination of your Trvlher Account. You are responsible for all activities carried out through your Trvlher Account, for maintaining the confidentiality and the security of the login credentials of your Trvlher Account. You cannot disclose your login credentials to third parties. You must immediately inform Trvlher if you have reason to believe that your login credentials were lost, stolen, misappropriated, or otherwise exposed.
The Trvlher Services give you the possibility to publish content including, without limitation, text, images, pictures, descriptions, comments, evaluations and recommendations (collectively, “Member Content”). Trvlher may display Member Content and any other content that Trvlher itself makes available to the public through the Site (“Trvlher Content” and together with the Member Content, the “Content”).
You acknowledge and guarantee that: a) You are the ultimate owner of the Member Content or you have the authorization to publish it; b) The publication does not violate or breach the rights of third parties, and specifically their intellectual and privacy rights; and c) The Member Content is not obscene, defamatory, discriminatory, illicit, illegal, fraudulent, hateful, pornographic or otherwise offensive or inappropriate.
Trvlher reserves the right, at its sole discretion and without notice, to refuse the publication of, to erase or to modify Member Content if this latter does not respect the conditions listed above. You acknowledge that you are solely responsible for your use of Trvlher Services and Member Content and that Trvlher cannot in any way be held responsible for the Member Content or of the fact that the Member Content may be copied or reproduced by other users. Furthermore, under no circumstances is Trvlher required to examine, revise, modify, approve or erase Member Content. You acknowledge that the Member Content you publish is not confidential and you give Trvlher a free, non-exclusive, royalty-free and worldwide license for the use and reproduction, under any format and for legitimate purposes, of the Member Content, without payment in exchange and this, even if Trvlher derives profits from its use.
Trvlher, www.trvlher.com and all other brands and logos that appear on Trvlher Services or in relation to them are registered and/or unregistered trademarks, trade names a nd service marks that belong to Trvlher. Other product names, company names and logos displayed on Trvlher Services are trademarks, trade names and service marks registered and/or unregistered to their respective owners. It is strictly prohibited to use in any way the trademarks, trade names, service marks and logos (collectively the “Trademarks”) displayed on Trvlher Services. No mention appearing on Trvlher Services or elsewhere should be interpreted as granting, implicitly or otherwise, a license or right to use the Trademarks.
Unless otherwise specified, any materials tied to Trvlher Services and Trvlher Content are the property of Trvlher. Trvlher gives you access to Trvlher Services and you acknowledge that, through this access, you acquire no rights, ownership or interest in the materials and Trvlher Content. Trvlher Services should not be copied, reproduced, republished, downloaded, displayed, transmitted, distributed or used (other than for the use for which they are intended) without the prior written authorization of Trvlher. You shall not erase or modify any Copyright or Trade market notice, nor any other intellectual property notice incorporated into Trvlher Services and Trvlher Content.
When you publish a listing, you must provide complete and accurate information on your Accommodation Service, as well as all other pertinent information requested by Trvlher. You are responsible for updating your listing information (including availability) at any moment. The images, animations or videos used in your listing must reflect with precision the quality and the state of your Accommodation Service. When you have accepted or have pre-approved a booking requested by a Guest, you conclude a legally binding agreement with the Guest and are required to provide your Accommodation Service to the Guest such as described in your listing when the booking request was made. You cannot ask the Guest to pay a higher amount than what was included in the booking request. You also accept to pay all applicable fees and taxes. Trvlher recommends that Hosts obtain the appropriate insurance for their Accommodation Services. Please review carefully all respective insurance policies and in particular, make sure that you know and understand the exemptions and deductibles that such an insurance policy may entail. Unless otherwise indicated by Trvlher, you cannot list more than one accommodation per listing. You represent and warrant that any listing that you publish, as well as any booking for a stay by a Guest in an Accommodation: a) shall not violate any agreements made with third parties, specifically any co-ownership rights; b) shall comply with all applicable laws (such as zoning laws), fiscal requirements and all other laws and regulations (including all required permits, licenses and registrations). As Host, you are responsible for your own acts and omissions and are also responsible for all the acts and omissions of any person that has access to your Accommodation.
Provided that you fulfill all the requirements set by Trvlher and/or the Host, you can book a listing available on the Site by following the booking process. All applicable fees will be presented to you before you make a booking. You accept to pay the applicable fees for all booking requests made as part of your Trvlher Account. You understand that a confirmed Accommodation booking (“Booking”) is a limited license that is granted to you by the Host to enter, occupy and use the Accommodation for the entire duration of your stay, during which the Host reserves the right to re-enter the Accommodation, in accordance with the agreement made between you and the Host. You accept to leave the Accommodation at the latest at the hour specified by the Host in the listing or when mutually agreed between you and the Host. If you stay beyond the agreed hour without the Host’s consent, you no longer hold a stay permit in the Accommodation and the Host has the right to take the necessary measures, subject to the applicable laws, in order to have you removed from the site. As a guest, you are responsible for leaving the Accommodation in the state in which you found it. You are responsible for your own acts and omissions and you are also responsible for the acts and omissions of any person that you invite to the Accommodation, except the Host (and the people that the Host invites in the Accommodation, when applicable).
Trvlher shall charge service fees in return for the use of the Trvlher platform (“Service Fees”) whenever an Accommodation is booked. All applicable Service Fees will be displayed to Members before the listing or booking of an Accommodation. Trvlher reserves the right to modify the Service Fees at any moment and will give Members an appropriate notice whenever the Service Fees are modified before they enter into force. If a Service Fee is modified it shall have no effect on bookings made before such modifications enters into effect. You are responsible for paying the Service Fees that you owe Trvlher. Trvlher shall deduct the Service Fees before transferring all payments to the Host. Unless otherwise indicated by Trvlher, Service Fees are not refundable.
Trvlher reserves the right to do business with any third party in order to offer payments services to help you carry out any applicable payment under the Terms. Payment services may contain links to third party websites or resources (“Third Party Services”). Such Third Party Services are governed by different terms and privacy practices and Members are invited to review them independently. Trvlher is in no way responsible for the availability or accuracy of said Third Party Services, or the content, products or services available through them. Links to said Third-Party Services do not constitute an endorsement of said Third-Party Services by Trvlher.
The company for processing payments that we have entered into business with is Stripe Inc. We invite you to read their Terms of Service and their privacy practices on their website: https://stripe.com/payments
You acknowledge that you may be asked to supply certain information pertaining to your booking, specifically your credit card number, the expiration date of your credit card and your billing address.
You represent and warrant that:
i you have the right to use any credit card or other payment method used during a booking; and that
ii the information that you provide us are true, correct and complete.
Any payment made to the Host will be collected by Trvlher and retained once the booking for an Accommodation has been confirmed. Trvlher shall deduct the Service Fees and then transfer to the Host the remaining balance at 23h59 (time in the country of accommodation), the day when the Guest arrives. The Hosts are solely responsible for the obligations to declare, collect or remit any applicable tax, in particular sales taxes, occupancy taxes, tourist taxes or other visitor taxes or income taxes.
Tax laws and regulations may require us to collect tax information or withhold certain amounts from Hosts. To this end, the Hosts undertake to cooperate and to provide Trvlher with the necessary information and to take all measures which may be reasonably requested by Trvlher. We reserve the right to withhold payments to Hosts in order to comply with applicable laws and regulations until the competent authorities confirm that everything is in order.
Hosts and Guests are responsible for any modification to a booking that they make through the Site and accept to pay additional fees and/or taxes associated with these booking modifications.
A Guest may cancel a confirmed booking of two nights or fewer in the twenty-four (24) hours preceding the time of taking possession of the Accommodation specified by the Host (or mutually agreed between the Guest and the Host) (time in the country of accommodation) (“Cancellation authorized for short-term bookings”). In the event of a Cancellation authorized for short-term bookings, the amount paid by the Guest corresponding to the reservation of the Accommodation, with the exception of the Service Fees, will be refunded to the Guest. If a Guest cancels a confirmed booking of a duration of two nights or fewer within less than twenty-four (24) hours preceding the time of taking possession of the Accommodation specified by the Host (or agreed to by mutual agreement between the Guest and the Host) (time in the country of the Accommodation), the amount paid by the Guest corresponding to the booking of the Accommodation, with the exception of the Service Fees, will be reimbursed in half to the Guest.
A Guest may cancel a confirmed booking of three nights or more in the forty-eight (48) hours preceding the time of taking possession of the Accommodation specified by the Host (or mutually agreed between the Guest and the Host) (time in the country of the Accommodation) (the “Cancellation authorized for long-term bookings”). In the event of a Cancellation authorized for long-term bookings, the amount paid by the Guest corresponding to the booking of the Accommodation, with the exception of the Service Fees, will be reimbursed in half to the Guest. If a Guest cancels a confirmed booking of three nights or more within less than forty-eight (48) before the time of taking possession of the Accommodation specified by the Host (or agreed to by mutual agreement between the Guest and the Host) (time in the country of accommodation), no refund will be made to the Guest.
In the event that a Guest cancels a booking that has been made within forty-eight (48) hours preceding the time of taking possession of the Accommodation specified by the Host (or mutually agreed between the Guest and Host) (time in the country of Accommodation), no refund will be made to the Guest.
The Service Fee may be reimbursed to the Guest up to 3 times a year only if the Guest is entitled to receive a full refund under the preceding paragraphs.
If a Host cancels a confirmed booking, the amount paid by the Guest corresponding to the booking of the Accommodation will be refunded to the Guest. In addition, Trvlher may impose cancellation fees, unless the Host has a valid reason to cancel the booking.
Notwithstanding the above, in certain circumstances, Trvlher may decide, at its sole discretion,
i to refuse a booking; or
ii cancel a pending or confirmed booking and initiate the corresponding refunds and payments.
This may be
i for reasons where Trvlher believes in good faith, while taking into account the legitimate interests of both parties, that this is necessary to avoid significant damage to Trvlher, its Members, to third parties or the property;
ii for one of the reasons set out in these Terms; or
ii for any transaction that Trvlher finds suspicious. Trvlher cannot be held responsible for any damage resulting from the refusal or cancellation of any bookings.
Cleaning fees are always reimbursed if the booking is canceled before the Guest takes possession of the Accommodation.
A reservation is officially canceled when the Guest or Host clicks the cancel booking button.
Trvlher Services may contain links to other websites or services. Trvlher has no control and is not responsible for the content or privacy practices of other websites or services. Your use of other websites and services is at your own risk, and you cannot make any claims to Trvlher with respect to your use of or operations of said websites or services. The provisions set out under the “Limitation of Liability” section of these Terms shall apply, with the necessary modifications, to your access and use of other websites and services.
It is strictly prohibited to send, publish or otherwise transmit any content or material containing viruses or which may interrupt, cause damage or limit the functionality of the Trvlher Services or of the servers connected to the Trvlher Services. You also agree not to conduct yourself in a derogatory manner and not to use the Trvlher Services for illicit, illegal or harmful purposes. Trvlher may, at its sole discretion and without any obligation, monitor access to or use of the Site or modify any Member Content. Members undertake in good faith to cooperate and take the measures that may be reasonably requested by Trvlher in the context of any investigation conducted by Trvlher or a representative of Trvlher regarding the use or abuse of the Site.
All promotions, discounts or contests (the “Promotions”) made available to Members from time to time, all of these Promotions are subject to specific terms and conditions determined at the time of their publication. If the terms of a Promotion conflict with these Terms, the terms of the Promotion will prevail. Promotions may be available for a limited time.
Use of the Trvlher Services is at your own risk. All Content and use of the Trvlher Services is provided without any warranty. You acknowledge that you have had every opportunity to investigate the laws, rules or regulations that may apply to the Trvlher Services and the Content.
You take full responsibility for the choices you make before, during and after your participation in an Accommodation Service. If you bring a minor as an additional Guest, you are solely responsible for the supervision of this minor throughout the duration of your Accommodation service and to the maximum extent permitted by law, you agree to release and hold Trvlher free from all liability and claims that arise in any way from any bodily harm, death, loss or injury that occurs to this minor during the Accommodation Service or in any way related to your Accommodation Service. Warnings apply to the maximum extent permitted by law. However, the duration of the guarantees required by law, if any, must be limited to the maximum extent permitted by law.
Trvlher cannot be held responsible for acts, omissions or behaviors performed by a Member or a third party. Sorority does not offer any guarantee with regard to the accommodation services and will not be responsible for the inventory at the time of your visit. Trvlher Services, as well as all communication and information related thereto, are provided without any representation, declaration or warranty, express or implied, of any kind whatsoever, including, without limitation, any warranty as to their accuracy, completeness, reliability, availability or suitability for a particular use. Trvlher assumes no responsibility for errors or omissions in the Trvlher Services or if the Trvlher Services are interrupted or delayed for any reason.
Trvlher Services can lend themselves to different uses in any circumstance or application and therefore cannot be interpreted as being applicable to your personal situation. By using the Trvlher Services, you agree to be solely responsible for the use of such information, advice, statements or information provided and that you do so at your own risk.
Trvlher declines all responsibility for any damage resulting from the use of the Trvlher Services. This explicit disclaimer includes, in particular,
i damage caused by viruses, or any other computer software or anomaly which may infect, harm or damage the hardware of your computer, telephone device, tablet and their software, memories or any other property belonging to others or to yourself, after having accessed, browsing or using Trvlher Services and
ii damage to the devices and equipment used during a hike or other activity on the places listed on the Trvlher Services.
In any case, Trvlher, its directors, officers, employees or other third parties mentioned or involved in the creation, production or delivery of Trvlher Services cannot be held responsible for any direct, indirect, specific or punitive damage whatsoever (including, but not limited to, costs and expenses incurred, of whatever nature, loss of profit, loss of data or programs) arising from:
i the access, use, inability to use or consequences from using Trvlher Services, Member Content or third-party sites and services listed;
ii these Terms.
iii any communication, interaction or meeting with other Members or other people with whom you communicate, interact or meet following your use of Trvlher Services, or
iv your publication of an Accommodation or the booking of an Accommodation.
You acknowledge and agree to hold Trvlher and its officers, employees, agents and other representatives harmless and free from any loss, claim, action, liability, expense and damage, including reasonable legal fees and expenses, arising from your use of the Trvlher Services, Member Content or violation of these Terms.
Trvlher reserves the right to modify the Terms at any time in accordance with this provision. We will provide you with a notice of these modifications by email at least fifteen (15) days before the date they become effective. If you do not agree with the revised Terms, you may terminate this agreement with immediate effect. We will notify you of your right to terminate the Agreement in the notification email. If you do not terminate your contract before the effective date of the revised Terms, your continued access or use of the Trvlher Services will constitute acceptance of the revised Terms.
The Terms are governed by the laws of Quebec and the federal laws of Canada applicable therein, to the exclusion of any rule of private international law or conflict of laws which would result in the application of other laws. Any dispute between Trvlher and you or another person with regards to Trvlher Services, the Terms or any related matter must be settled in the courts of Quebec, in the city of Montreal, Quebec, in Canada, and hereby, you irrevocably acknowledge the initial and exclusive jurisdiction of these courts over any dispute.
Trvlher reserves the right to modify, suspend and terminate, without notice and for any reason whatsoever, the Trvlher Services or your access to the use of Trvlher Services, all without any compensation or liability towards you.
These Terms as well as any document that they reference constitute the entire agreement between you and Trvlher on the matters covered by these Terms and replaces all previous contracts, negotiations, discussions or covenants, regardless of their nature.
If a provision of these terms and conditions is illegal, null or, for any reason, unenforceable, then this provision will be considered as separated from the Terms and will not have any effect on the validity or the enforceability of the remaining provisions.
Without limitations to our rights as specified above, Trvlher may terminate this agreement for convenience at any moment and without notice, at the entire exemption of Trvlher, for any reasons. You can terminate this agreement at any moment by sending us an email. If you cancel your Trvlher Account as Host, all confirmed bookings will automatically be cancelled and your Guests will receive a full refund. If you cancel your Trvlher Account as a Guest, all confirmed bookings will automatically be canceled and your refunds will depend on the conditions of the cancellation policy of the listing. Trvlher may immediately, without notice, end this agreement and/or stop providing access to Trvlher Services if (i) you have materially failed to fulfil your obligations pursuant to these Terms, (ii) you have breached any laws, regulations or third-party rights, or (iii) Trvlher believes in good faith that such an action is reasonably necessary to protect the personal safety or the assets of Trvlher, its Members or third parties (for example, if a Member behaves fraudulently). If we undertake one of the measures described above, we may refund our Guests in full for any confirmed booking that were cancelled, independently of the preexisting cancellation policies and (ii) you will not be entitled to any compensation for the confirmed bookings that were cancelled.