Host Terms

Skyhook Adventure Limited, doing business as “Skyhook" or "Skyhook Adventure” (also referred to below as “we” “us” and “our”), operates www.skyhookadventure.com (a "website", "site", "platform") for you to market and sell your adventure holidays with local guides ("Service"). These Host Terms ("Terms") govern the agreements between us and you; the individuals, companies and/or organisations ("supplier", "host", "guide", "tour operator", "you", "your") using the Website and Services for commercial reasons.

Submitting any information to the Website, having an account and receiving enquiries or bookings, or submitting a reply to a Customer signifies acceptance of these Terms. In accepting these Terms, you confirm you are authorised to do so on behalf of your company or any entity that you represent.

Other Definitions

"Customer", "Guest" or “Enquirer” means a person(s) using this Website, viewing information, enquiring about, or booking onto a Trip provided by you.

"Trip", "Trips" means any tour, travel arrangements, accommodation, facilities, meals, entertainment, activities, equipment and other services you list on our platform.

"Information" refers to images, videos, text, data and any other media used for profiles, listings, newsletters, guides, blogs, advertising, shop, sponsorship and/or any other information provided by you to us.

Our Service

We act as a platform for you as a local adventure travel guide or tour operator to market and sell your adventure travel Trips. We are a booking agent and do not take responsibility for the accuracy of the Information you provide on our platform, or the quality of your Trips.

Hosting on Skyhook

To become a Skyhook host you need to first apply using our Website. We have strict criteria to vet Hosts, and you will need to meet all of these criteria. We reserve the right to not accept any Host onto the platform for any reason. Once accepted onto the platform, you will be given access to a Host dashboard where you manage your Trips.

Your Customer Terms

When a Customer books a Trip on the Skyhook platform they are agreeing to our Booking Terms, as well as your standard Customer terms and conditions. It is your responsibility to make your terms and conditions available to Customers. Where our Booking Terms and yours differ, your Customer terms and conditions will take precedence, except with regards to our Customer cancellation terms or any terms that your Customer terms don't cover.

Selling Your Trips

When you become a Skyhook Host, you will be given access to the Website, where you will be able to create and edit your Trips. You will also be able to set and update the price that you receive for each Trip (the "Host Amount"), and the availability for your Trips. You may adjust this price as you see fit, subject to any additional agreements that we may have in place. The price that a Customer pays (the "Guest Price") will be different to the Host Amount allowing for our variable rate of commission ("Commission").

Commission

The default rate of Commission is 20% for Hosts. You agree that we can adjust the Commission as we see fit with reasons including, but not limited by, sale pricing, customer discounts, customer credit spend, cancellations, and to allow for differences in currency exchange rates. You agree to authorise us to take the customer payments on your behalf, as your agent, and to deduct our Commission directly from these payments. You will then receive the Host Amount that you had set, or we had set on your instruction, subject to the rest of this agreement.

Sales Tax and VAT

All fees and Commission exclude VAT or Sales Tax unless otherwise stated. It is your responsibility to comply with all relevant taxation requirements.

Deposits

You agree that we may offer Customers an option to pay a deposit first, and pay the balance at a later date. Under these conditions our Commission will be deducted first unless otherwise stated.

Pay-outs

When a Customer pays for your Trip, the Host Amount will be placed in an independently managed trust fund ("Trust Fund"), which may help you comply with package travel related regulations within your country. After a customer completes their Trip with you, the Host Amount will then be scheduled to be paid out to your nominated bank account within 40 calendar days, subject to the rest of this agreement. You agree that we are not responsible for any fees or charges from your bank, as a result of these pay-outs.

Financial Protection

Bookings on Skyhook are financially protected by Trust My Travel. By agreeing to these Terms, you also agree to their terms and conditions of Trust My Travel (https://trustprotects.me/terms/).

Cancellations

You agree to adopt our standard cancellation terms and conditions for any customer who books a Trip through us, as your agent. You can see the latest version of these customer Booking terms here.

Should a customer cancel their Trip two months or more before their Trip start date, you will not receive any payment of the Host Amount. Should a customer cancel within 2 months (minus a 7-day grace period) of their Trip, you will ordinarily receive the full Host Amount unless alternative agreement is reached between Skyhook and the Host. You agree that Skyhook may offer date changes, adjustments, refunds or cancellations to customers for their bookings with you outside of these standard terms where it, at it's sole discretion, deems it necessary to do so.

Refunds and Chargebacks

Should you cancel the Trip (for whatever reason), or the Trip is materially different from the way described, the customer may request a partial or full refund, or dispute a payment using e.g. a chargeback scheme. Within the EU-region and the UK, this may include a request under statutory rights, such as those under The Package Travel and Linked Travel Arrangements Regulations 2018. We will analyse any request and require a response from yourself within 5 working days should this happen. Where we have taken payments as your agent, you agree that we have your authority to act as adjudicator for such disputes and issue any refunds or accept disputed card payments on your behalf.

In the event of a full refund being processed for a customer upon cancellation by the Host for whatever reason, or if a chargeback is received in relation to a booking, the Host will remain liable to pay the Commission due to Skyhook; as this cannot be deducted directly from the Guest Price paid by the Customer in this instance. Skyhook may either invoice the Host separately for the Commission, or adjust future payouts to the Host to collect the Commission owed.

Chargebacks may be received in relation to a Customer booking at any time. In the event of a chargeback being received after a trip has gone ahead, the Host Amount will no longer be payable to the Host and the Host will be liable for the amount of the chargeback. In the event that a trip is yet to go ahead, the booking relating to the chargeback will be cancelled and the Host will no longer be eligible to receive the Host Amount.

Skyhook reserves the right to pass on any chargeback related fees to the Host where Skyhook, at its sole discression, deems that the Customer is justified in having created a chargeback or if the Host has acted in any way improperly (which may have resulted in the chargeback). Additionally, Skyhook reserves the right to impose an additional administration fee (up the value of the disputed booking or £250 - whichever is higher) on the Host for handling chargebacks where Skyhook deems the Host to have acted improperly.

Liability

Suppliers accept all responsibility and liability for their Trips and for their Customers and agree that we have no liability. We accept no liability whatsoever for any activity or behaviour of any persons who have used the site, made an enquiry through the site or for any behaviour or activity of persons booking and travelling with Hosts. We accept no liability for any of the information supplied to us by Suppliers for publishing on the site. As far as is permissible by applicable law, we accept no liability for any loss however caused through omission from the website, typographical errors or late publication or failure from any cause, whether error, technical, late publication or failure to display listings, advertising and/or sponsorship. In any event, our liability for any loss or damage whether caused by negligence or otherwise will be limited to the cost of any listings, advertising and/or sponsorship and we will not be liable for any consequential loss or damage or loss of profit of the purchaser or of any other party nor be liable for any other loss however suffered. You agree to indemnify us against all losses, damages, claims or expenses (including legal costs), which we may reasonably incur, on account of any claim by a third party arising directly or indirectly from the information provided by you for listings, advertising and/or sponsorship, or from the activities, malpractice or negligence of you, the Supplier. This may include, but is not limited to, claims that any information provided by you, the Supplier, is in anyway misleading, inaccurate, libellous and/or offensive, and any action for breach of contract, and/or any tortious action.

Information, Images and Media

Hosts agree that it is their responsibility to submit information and check that all information is accurate, up to date, and complete. You specifically agree it is your responsibility to ensure the accuracy of price and availability information displayed to Customers about your Trips. You confirm you will accept bookings for your products and services at the price you most recently submitted to the site by any means. It is illegal to provide false or misleading pricing information. We may wish to use information and images for marketing your goods and services and generating new Customer enquiries other than just on this website. We will always undertake to gain your prior approval about any new marketing partnerships. Nevertheless, you agree that all information and images provided to us can be used in other forms of marketing, on other websites owned by us, and provided to external websites not owned by us at our discretion, only when expressly connected to your product, without prior approval. In circumstances where we believe information or an image might be useful in more generic ways, we will undertake to gain your prior approval. Information is accepted on the understanding that any descriptions of goods, services, stock etc are accurate and comply with English law and the Trade Description Act 1968. You warrant that you own or control all rights or have obtained copyright, moral rights and similar permissions, consents, waivers as are required for the display of logos and trademarks in copy provided to us. We reserve the right to approve, amend or decline copy at our sole discretion and without explanation. We also reserve the right to change the layout of supplier pages, the information that is displayed, and the look and feel of the site as we deem appropriate and without notice.

Capacity and Availability

Once a trip is listed on the Skyhook website, it must go ahead without requiring a minimum number of bookings. Exceptions to this requirement must be granted in writing by Skyhook.

Exclusivity and Co-selling

We don't require exclusivity for your Trips, which is to say you can sell the same Trips on other platforms or directly. You are also welcome to co-sell Trip dates on other platforms or directly, as long as the Trip description and Guest Price is identical.

Privacy Protection

When bookings are made, we share personal information about the Customer with you, in order for you to fulfil the booking. This information may also be shared over email. The information includes names, addresses, contact details and other personal information you may require, including medical and dietary requirements and travel plans. Where the customer is an EU citizen, you are required to handle this personal information in accordance with the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any implementing legislation (Data Protection Legislation). This includes keeping any information we share with you confidential, stored securely and only for as long as is necessary; and to use the data only for the purpose it was intended – for managing the booking and delivering the services required. You agree not to contact the customer for any other purpose, unless they have subsequently given you explicit consent directly. You will not share the information with any other third parties, except where essential for the purpose of managing a booking and delivering the services. In these circumstances, you require these third parties to also handle the information in accordance with the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any implementing legislation (Data Protection Legislation).

Communication

All communication with your Guests, before and after the trip, must be done via the Skyhook messaging system. The only exception is if you have an emergency, or need to get urgent information, in which case you may use the phone number provided.

You agree not to send any marketing communication to customers who have booked through Skyhook. This includes links to social media pages (e.g. Facebook pages), or links to your website. You also agree not to request reviews on any other platforms (e.g. Trustpilot), other than the Skyhook website.

Termination

Both parties reserve the right to terminate this agreement at any time without a notice period. Any bookings taken before termination will be honoured by the Host unless express consent is given by Skyhook to waive this requirement; the conduct of both parties in respect of these bookings will be regulated according to the terms of this agreement.

Last updated: 17th August 2023