Guest Refund Policy
Effective Date: 8/13/2018
Last updated: 8/13/2018
These terms and conditions govern frolyk’s policy for Guest refunds (“Guest Refund Policy”) and the obligations of the Host associated with the Guest Refund Policy. The Guest Refund Policy are incorporated by reference into frolyk’s Terms of Service (“Terms of Service”). The Guest Refund Policy is available to Guests who book and pay for an Experience through the Frolyk Platform and suffer an Experience Issue (as defined below). The Guest’s rights under this Guest Refund Policy will supersede the Host’s cancellation policy.
All capitalized terms shall have the meaning set forth in the frolyk Terms of Service unless otherwise defined in this Guest Refund Policy.
By using the frolyk Platform as a Host or Guest, you are indicating that you have read and that you understand and agree to be bound by this Guest Refund Policy.
- Booking Cancellations and Refunds
Guests may cancel an Experience booking within twenty-four (24) hours after booking without an obligation to the Host.
A Guest may cancel a confirmed Experience booking at any time subject to the Experience’s cancellation policy. frolyk will provide any applicable refund to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the Host under the applicable cancellation policy will be remitted to the Host by frolyk.
If a Host cancels a confirmed Experience booking, the Guest will receive a full refund of the Total Fees for such Experience booking and frolyk may publish an automated review on the Experience cancelled by the Host indicating that an Experience booking was cancelled. In addition, frolyk may (i) keep the calendar for the Experience unavailable or blocked for the dates of the cancelled Experience booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the Experience booking pursuant to frolyk's Extenuating Circumstances Policy (see below in section 20.7) or has legitimate concerns about the Guest’s behavior.
If inclement weather creates an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If the Host Service needs to be cancelled, frolyk will work with the Host to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking of the Experience booking.
In certain circumstances, frolyk may decide, in its sole discretion, that it is necessary to cancel a confirmed Experience booking and make appropriate refund and payout decisions. This may be for reasons set forth in frolyk's Extenuating Circumstances Policy (see User Agreement, Section 20.7) or (i) where frolyk believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to frolyk, other Members, third parties, or property, or (ii) for any of the reasons set out in these Terms.
If a Guest suffers an Experience Issue pursuant to the Guest Refund Policy, frolyk may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
- Experience Issue
An “Experience Issue” is defined as any one of the following:
(a) Host of the Experience cancels a booking shortly before the scheduled start of the booking
(b) Listing’s description or depiction of the Experience is materially inaccurate with respect to:
- Content of the Experience (e.g., the experience delivered does not match the description in all material ways, including but not limited to: activities offered, guest requirements, equipment included, and duration)
- Special features represented in the Listing are not provided or do not function (e.g., such as bicycles for city biking tour, painting materials for a painting class, kitchen equipment does not work for cooking class)
- Physical location of the Experience (e.g., the experience delivered does not take place in the area specified in the Listing)
- Identity of the Host (e.g. the person creating the experience and listed as the Host is not present to lead the experience)
(c) At the start of the Guest’s booking, the Experience contains safety or health hazards that, in frolyk’s judgment, would be reasonably expected to adversely affect the Guest’s participation in the Experience.
- The Guest Refund Policy
If you are a Guest and suffer an Experience Issue, frolyk may, at its sole discretion, either (i) reimburse you up to the amount paid by you through the frolyk Platform for the Experience during which you suffered an Experience Issue (“Total Fees”) , or (ii) use our reasonable efforts to find and book you another Experience which is reasonably comparable to the Experience described in your original booking. All determinations by frolyk with respect to the Guest Refund Policy, including without limitation the size of any refund and the comparability of alternate Experiences, shall be in frolyk’s sole discretion, and final and binding on the Guests and Hosts.
- Conditions to Claim an Experience Issue
To submit a valid claim for an Experience Issue, you are required to meet each of the following conditions:
(a) You must be the Member that booked the Experience;
(b) You must bring the Experience Issue to our attention in writing or via telephone and provide us with detailed information (including photographs or other evidence) about the Experience and the circumstances of the Experience Issue within 24 hours after the later of (i) the start of your Experience or (ii) your discovery of the existence of the Experience Issue.
(c) You must respond to any requests by us for additional information or cooperation on the Experience Issue;
(d) You must not have directly or indirectly contributed to the Experience Issue; and
(e) You must have used reasonable efforts to try to remedy the circumstances of the Experience Issue with the Host prior to making a claim with frolyk for an Experience Issue.
- Minimum Quality Standards, Host Responsibilities and Reimbursement to Guest
If you are a Host, you are responsible for ensuring that the Experiences you list on the Frolyk Platform meet minimum quality standards concerning the Experience description and safety, and do not present a Guest with Experience Issue(s). During a Guest’s participation in an Experience, Hosts have to be available in order to try, in good faith, to resolve any Guest issues.
If you are a Host, and if (i) frolyk determines that a Guest has suffered an Experience Issue related to an Experience listed by you and (ii) Frolyk either reimburses that Guest (up to their Total Fees) or provides an alternative Experience to the Guest, you agree to reimburse frolyk up to the amount paid by Frolyk within 30 days of frolyk’s request. If the Guest is rebooked to an alternative Experience, you also agree to reimburse frolyk for reasonable additional costs incurred to rebook the Guest. You authorize frolyk to collect any amounts owed by reducing your Payout or as otherwise permitted pursuant to the Fee and ACH Authorization Agreement.
As a Host, you understand that the rights of Guests under this Guest Refund Policy will supersede your selected cancellation policy. If you dispute the Experience Issue, you must notify us in writing (USPS or email) and provide us with information (including photographs or other evidence) disputing the claims regarding the Experience Issue, including demonstrating that you used reasonable and good faith efforts to try to remedy the Experience Issue with the Guest prior to disputing the Experience Issue claim.
- General Provisions
No Assignment/No Insurance: This Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, and does not take the place of insurance obtained or obtainable by the Guest.
Modification or Termination: frolyk reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion. If frolyk modifies this Guest Refund Policy, we will post the modification on the frolyk Platform or provide you with notice of the modification, and frolyk will continue to process all claims for Experience Issues made prior to the effective date of the modification.
Entire Agreement: This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between frolyk and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between frolyk and you regarding the Guest Refund Policy.
- Contacting frolyk.
If you have any questions about the Guest Refund Policy, please email us at firstname.lastname@example.org.