Yervana Cancellation Policy
Last update: June 2020
This Cancellation Policy is made pursuant to the Yervana Terms of Service (“Terms of Service”), which govern the use of Yervana, including any content, functionality and services offered on or through www.yervana.com or any other website through which Yervana makes its services available (the “Website”), and to any mobile, tablet and other smart device applications, and application program interfaces (the “Application”) (collectively, the “Services”). All Adventures (as defined below) booked via the Services create an Agreement between registered users seeking adventures (“Explorers”) and other registered users offering authentic adventures in the community (“Locals”). Locals can use the Services to publish experiences and excursions in their fields of expertise (“Adventures”), which can then be booked by Explorers who wish to participate in that Adventure.
Your access to and use of the Services is conditioned upon compliance with the Terms of Service and your understanding and agreement that the Company is merely a facilitator providing an online marketplace connecting users, and that the Company is not a participant in any relationship between users, Locals or Explorers, nor is it a party to any contractual relationship between a Local and an Explorer.
This Cancellation Policy is incorporated into and forms part of the Terms of Service, and any Explorer or Local participating in any Adventure offered through the Services is bound by the Cancellation Policy. Any terms not defined herein have the meaning given to them in the Terms of Service.
1.1 All Adventures and bookings are subject to the Cancellation Policy.
1.2 Locals and Explorers are responsible for any variations to a booking (“Variations”) and agree to pay any costs associated with such Variations.
2.1 The Company will provide refunds in accordance with this Cancellation Policy which may include consideration of Exceptional Circumstances as defined herein.
2.2 The Company reserves the right, in its sole discretion, to cancel an Adventure and make a refund or payout decision, including for any of the reasons set out in the Terms of Service, this Cancellation Policy, or if it believes in good faith that it is necessary to (a) avoid significant harm to the Company, registered users, third parties or property, or (b) comply with requirements, guidelines and recommendations of federal, provincial and municipal governments, including without limitation during times of heightened risk of transmission of COVID-19.
2.3 If an Explorer cancels an Adventure, the following penalties are the standard penalties that will apply, unless there are circumstances which dictate otherwise (“Exceptional Circumstances”):
2.3.1 subject to Section 2.3.3 below, if cancelled within 24 hours of booking an Adventure, there is no penalty and the Company will refund the fee paid for the Adventure (the “Adventure Fee”);
2.3.2 if cancelled more than 24 hours before the start time of the Adventure, here is no penalty and the Company will refund the Adventure Fee;
2.3.3 notwithstanding Section 2.3.1 above, if cancelled within 24 hours of the start time of the Adventure, there will be no refund and credit for the full amount will be offered to the Explorer, which credit may be applied against the Adventure Fees for Adventures booked in the future.
2.4 If an Explorer is entitled to a refund upon cancellation, the Company will make the payment back to the Explorer after deducting any applicable penalty. If any amount is owed to the Local, the Company will make the appropriate Payout to the Local, unless there are Exceptional Circumstances.
2.5 If a Local cancels an Adventure, the following provisions govern the cancellation, unless there are Exceptional Circumstances:
2.5.1 the Explorer will receive a full refund of the Adventure Fee for the Adventure;
2.5.2 if the Local makes a cancellation more than 24 hours before the start time of the Adventure, there will be no penalty;
2.5.3 if the Local makes a cancellation within 24 hours of the start time of the Adventure, the Local will be charged a penalty of 20%, with the penalty to be deducted from future Payouts;
2.5.4 the Local’s calendar will be blacked out for the dates on which they have cancelled so that they will no longer be able to host an Adventure on that date; and
2.5.5 an automatic review/rating will be posted to their page citing the cancellation.
2.6 If a Local cancels within 24 hours of the start time of an Adventure more than 3 times they will be removed from the Services.
2.7 If the Company cancels an Adventure pursuant to the Terms of Service or any of the Company’s Policies, including for Exceptional Circumstances, you agree that the Company is not liable for such cancellation or refunds, aside from its obligations to remit refunds or Payouts pursuant to the Terms of Service or this Cancellation Policy.
2.8 If you owe additional amounts due to Variations or cancellations, you agree that the Company may collect such amounts by charging the same financial instrument used to make your booking.
2.9 The Payment and Payout Terms will apply to any payments, refunds or transactions related to a cancellation or Variation.
3. Exceptional Circumstances
3.1 The following circumstances will be considered Exceptional Circumstances which are out of a Local’s or Explorer’s control and give the Company the discretion and permission to override the Cancellation Policy and make refund decisions, or to waive cancellation penalties:
3.1.1 unexpected death or serious illness of a Local, Explorer or immediate family member;
3.1.2 serious injury;
3.1.3 natural disaster or severe weather that impacts the Adventure;
3.1.4 travel restrictions that arise outside of an Explorer’s or Local’s control, including without limitation any travel restrictions imposed by governmental authorities in response to the COVID-19 pandemic;
3.1.5 Government-mandated obligations issued after the time of booking, including without limitation any requirements, guidelines and recommendations of federal, provincial and municipal governments imposed in response to the COVID-19 pandemic;
3.1.6 unforeseen circumstances that impact the ability to safely engage in the Adventure; or
3.1.7 any additional circumstances deemed relevant by the Company, in its sole discretion.
4.1 This Cancellation Policy does not constitute an offer to insure and it is not an insurance contract, nor does it take the place of insurance obtained or obtainable by the Explorer or Local. No registered user has paid any premium in respect of the Cancellation Policy.
4.2 The benefits provided under this Cancellation Policy are not assignable or transferable by you.
4.3 The Company reserves the right, at its sole discretion, to modify or replace this Cancellation Policy at any time. If a revision is material, which is to be determined by the Company at its sole discretion, the Company will provide at least 30 days’ notice on the Website or Application prior to any new terms taking effect. Your continued access to or use of the Services after any revisions become effective, will mean that you accept and agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services and should refrain from doing so.
4.4 This Cancellation Policy, together with the Terms of Service and the Payment and Payout Terms, constitutes the entire agreement between you and the Company regarding cancellations and refunds and supersedes any and all prior understandings or agreements between you and the Company regarding cancellations and refunds.
4.5 If you have any questions about these Terms, please contact the Company by e-mail at email@example.com.