Last Updated: 05 May 2020

This is Cavago’s policy for online payments, refunds and cancellations (“Policy” ).

This Policy applies only to activities Cavago engages in on its Cavago Platform and does not apply to Cavago activities that are "offline" or unrelated to the Website.

Cavago reserves the right to modify this policy at any time.

1. PAYMENT SERVICES

1.1 Scope and use

Cavago provides payment services to Members, including payment collection and payouts, in connection with and through the Cavago Platform ( “Payment Services”).

Cavago may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. Cavago may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.

The Payment Services may contain links to third-party websites or resources ( “Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Cavago is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Cavago of such Third-Party Services.

1.2 Eligibility

In order to use the Payment Services, you must have a Cavago Account in good standing. If you or Cavago closes your Cavago Account for any reason, you will no longer be able to use the Payment Services.

You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.

We may make inquiries we consider necessary to help verify or check your identity or prevent fraud.

You acknowledge and agree that anyone you authorise to use your Cavago Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

1.3 Payment Methods and Payout Methods

“Payment Method” means a financial instrument that you have added to your Cavago Account, such as a credit card, debit card, or PayPal account.

“Payout Method” means a financial instrument that you have added to your Cavago Account, such as a PayPal account, direct deposit, or a debit card (where available).

When you add a Payment Method or Payout Method to your Cavago Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information. You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will depend on the particular payout method and may include your residential address, name on the account, account type, routing number, account number, email address, payout currency, and account information associated with a particular payment processor.

When you add or use a new Payment Method, we may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorise your Payment Method for one or two additional nominal amounts, and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method.

When you add a Payment Method during checkout, we will automatically save that Payment Method to your Cavago Account so it can be used for a future transaction.

Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and we are not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.

You authorise Cavago to store your Payment Method information and charge your Payment Method as outlined in this Policy. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Cavago Account.

You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Cavago is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.

1.4 Financial Terms for Hosts

Cavago will collect the Listing Fee from a User at the time the User’s booking request is accepted by the Service Provider, or at any other time mutually agreed between the User and Cavago.

In order to receive a payout you must have a valid Payout Method linked to your Cavago Account. Cavago will generally initiate Payouts to your selected Payout Method within 30 days of the use of the Services.

The time it takes to receive payouts once released by Cavago may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. Cavago may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.

Your Payout for a booking will be the Listing Fee less applicable Service Fees and any fee payable for processing payment on the Cavago Platform.

Cavago will remit your payouts in your currency of choice, depending upon your selections via the Cavago Platform. Amounts may be rounded up or down as described in the Cavago Terms.

For compliance or operational reasons, Cavago may limit the value of each individual payout. If you are due an amount above that limit, Cavago may initiate a series of payouts (potentially over multiple days) in order to provide your full payout amount.

1.5 Financial Terms for Users

You authorise Cavago to charge your Payment Method the total fees for any booking requested in connection with your Cavago Account (“Total Fees”). Cavago will collect the Total Fees in the manner agreed between you and Cavago via the Cavago Platform. Cavago will generally collect the Total Fees after the Service Provider accepts your booking request. Cavago may offer alternative options for the timing and manner of payment.

Any additional fees for using offered payment options will be displayed via the Cavago Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Cavago is unable to collect the Total Fees as scheduled, Cavago will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.

When you request to book a Listing, Cavago may also (i) obtain a pre-authorization via your Payment Method for the Total Fees, (ii) charge or authorise your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.

If a requested booking is cancelled either because it is not accepted by the Service Provider or you cancel the booking request before it is accepted by the Service Provider, any amounts collected by Cavago, less any fee payable for processing payment on the Cavago Platform, will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

You authorise Cavago to perform the Payment Method verifications, and to charge your Payment Method for any bookings made in connection with your Cavago Account. You hereby authorise Cavago to collect any amounts due, by charging the Payment Method provided at checkout, either directly by Cavago or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the Cavago Platform.

1.6 Appointment of Cavago as Limited Payment Collection Agent

Each Member collecting payment for services provided via the Cavago Platform ( “Providing Member”) hereby appoints Cavago as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services ( “Purchasing Members”).

Each Providing Member agrees that payment made by a Purchasing Member through Cavago, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that Cavago may refund the Purchasing Member in accordance with the Cavago Terms. Each Providing Member understands that Cavago’s obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members.

Cavago guarantees payments to Providing Members only for such amounts that have been successfully received by Cavago from Purchasing Members in accordance with this Policy. In accepting appointment as the limited payment collection agent of the Providing Member, Cavago assumes no liability for any acts or omissions of the Providing Member.

Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that Cavago is not a party to the agreement between you and the Providing Member, Cavago acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member.

Upon your payment of the funds to Cavago, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and Cavago is responsible for remitting the funds to the Providing Member in the manner described in this Policy, which constitute Cavago’s agreement with the Purchasing Member. In the event that Cavago does not remit any such amounts, the Providing Member will have recourse only against Cavago and not the Purchasing Member directly.

1.7 Disclaimer

If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.

Notwithstanding our appointment as the limited payment collection agent for the purposes of accepting payments through the Cavago Platform, we explicitly disclaim all liability for any act or omission of any Member or other third party. We do not have any duties or obligations as agent except to the extent expressly set forth in this Policy, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.

2. REFUNDS

If you are a User and suffer a material issue with the Service provided, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Cavago Platform (less any fee payable for processing payment on the Cavago Platform) depending on the nature of the issue suffered, or (ii) use our reasonable efforts to find and suggest for you another Service that is reasonably comparable to your original booking. All determinations of Cavago with respect to refunds, including without limitation the size of any refund and the comparability of alternate Services, shall be in Cavago’s discretion, and final and binding on the Members.

2.1 Conditions to Claim

To submit a valid claim and receive the benefits with respect to your booking, you are required to meet each of the following conditions:

(a) you must be the User that booked the Service;

(b) you must bring the material issue to our attention in writing or via telephone and provide us with information (including photographs or other evidence) about the Service and the circumstances of the issue within 24 hours after the later of (i) the start of your booking or (ii) you discover the existence of the issue, and must respond to any requests by us for additional information or cooperation on the issue;

(c) you must not have directly or indirectly caused the issue (through your action, omission or negligence); and

(d) unless Cavago advises you that the issue cannot be remediated, you must have used reasonable efforts to try to remedy the circumstances of the issue with the Service Provider prior to making a claim for an issue.

2.2 Minimum Quality Standards, Host Responsibilities and Reimbursement to User

If you are a Service Provider, you are responsible for ensuring that the Services you list on the Cavago Platform meet minimum quality standards regarding access, adequacy of the Listing description, safety, cleanliness. During a Guest’s stay at a Facility, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve any Guest issues. The same should be the case for Riding Activities and equestrian experiences such as stable tours.

If you are a Service Provider, and if (i) Cavago determines that a User has suffered a material issue related to a Service listed by you and (ii) Cavago either reimburses that User (up to their Total Fees) or provides an alternative Service to the User, you agree to reimburse Cavago up to the amount paid by Cavago within 30 days of Cavago’s request. If the Guest is relocated to an alternative Facility, you also agree to reimburse Cavago for reasonable additional costs incurred to relocate the Guest. You authorise Cavago to collect any amounts owed to Cavago by reducing your payout or as otherwise permitted pursuant to this Policy.

As a Service Provider, you understand that the refund rights of User under this Policy will supersede the cancellation policy. If you dispute the issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the issue, provided you must have used reasonable and good faith efforts to try to remedy the issue with the User prior to disputing the issue claim.

Refunds will be made onto the original mode of payment and will be processed within 10 to 45 days depending on the issuing back of the credit card.

3. CANCELLATIONS AND NO SHOWS

In relation to Facilities and Services, cancellations are fully refunded if communicated to Cavago at least seven full days prior to the listing’s local check in time (or 3pm if not specified). If the guest cancels less than 7 days in advance, the nights not spent or the Services not used, are not refunded. If the guest arrives and decides to leave early, the nights not spent or the Services not used, are not refunded.

In cases where a cancellation is made by the User after the scheduled service delivery date, or in case of “no show” by the User at the time of service delivery, no refunds will be provided.