Guest Refund Policy Terms
These terms and conditions govern the Zoola Fix Guest Refund Policy (the “Guest Refund Policy ”) available to Guests who book and pay for a Guidance listed by a Fixer through the Zoola Fix platform (the "Site") and suffer a Travel Issue and the obligations of the Fixer associated with the Guest Refund Policy.
1. Travel Issue.
A “Travel Issue” means any one of the following:
(a) the Fixer (i) cancels a reservation shortly before the scheduled start of the reservation, (ii) permanently departs from the Guidance within six (6) hours of the actual meeting time without the verbal consent of the Guests or (iii) fails to meet the Guests at the arranged location within sixty (60) minutes of the agreed time.
2. The Guest Refund Policy. If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by Zoola Fix in our discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Guidance with another Fixer for either the same date or another date who in our determination is reasonably comparable to the Fixer originally chosen for the reservation. All determinations of Zoola Fix with respect to the Guest Refund Policy, including without limitation the size of any refund, shall be final and binding on the Guests and Fixers.
3. Conditions to Claim a Travel Issue.
Only a Guest may submit a claim for a Travel Issue. If you are a Guest, in order to submit a valid claim for a Travel Issue and receive the benefits with
respect to your reservation, you are required to meet each of the following conditions:
(a) you must bring the Travel Issue to our attention in writing (zoolafix.com/contact) and provide us with information (including any evidence) about the Guidance and the circumstances of the Travel Issue within 24 hours after the start of your agreed meeting time, and must respond to any requests by us for additional information or cooperation on the Travel Issue.
(b) you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence).
(c) you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Fixer prior to making a claim for a Travel Issue.
4. Minimum Quality Standards, Fixer Responsibilities and Reimbursement to Guest.
If you are a Fixer, you are responsible for ensuring that you meet minimum quality standards regarding the adequacy of the content of your Fixer Profile,
and do not present a Guest with Travel Issues. During the 24-hour period following the arranged meeting time, Fixers should be available in order to try,
in good faith, to resolve Guest issues.
If you are a Fixer, and if (i) Zoola Fix determines that a Guest has suffered a Travel Issue related to a Guidance provided by you and (ii) Zoola Fix either reimburses that Guest any amount up to the amount paid by the Guest through the Site for the Guidance or provides an alternative Guidance to the Guest, you agree to reimburse Zoola Fix up to the amount paid by Zoola Fix within 30 days of Zoola Fix’s request. All determinations of Zoola Fix with respect to the Guest Refund Policy, including without limitation the size of any refund to the Guest, shall be final and binding on the Guests and Fixers. You also agree that in order for you to reimburse Zoola Fix up to the amount paid by Zoola Fix, Zoola Fix may off-set or reduce any amounts owed by Zoola Fix to you by this amount. If the Guest is assigned to an alternative Fixer, you may lose part or all of the Guidance Fee payment for the booking and you may be responsible for reasonable additional costs incurred to assign the Guest to the alternative Fixer.
The rights of the Guests under the Guest Refund Policy supersede the cancellation policy. If you dispute the Travel Issue you may notify us in writing (zoolafix.com/contact) and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim. You agree that all determinations of Zoola Fix with respect to the Travel Issue shall be final and binding on the Guests and Fixers regardless of your submission of a dispute against such Travel Issue. In the event of one or more Travel Issues, Zoola Fix, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews indicating Travel Issues, cancelling future bookings, suspending or removing your Fixer Profile or imposing penalties or fees for the administrative burden associated with the Travel Issues.
5. General Provisions.
(a) 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, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. Zoola Fix reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion, and without prior notice. If Zoola Fix modifies this Guest Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Zoola Fix will continue to process all claims for Travel Issues made prior to the effective date of the modification.
(c) Entire Agreement and Definitions. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between Zoola Fix and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Zoola Fix and you regarding the Guest Refund Policy. Capitalised terms not otherwise defined herein shall have the meaning set forth in the Zoola Fix Terms of Service.
(d) Controlling Law. This Guest Refund Policy will be interpreted in accordance with the laws of the England and Wales, without regard to its conflict-of-law provisions.
(e) Limitation of Liability. IN NO EVENT WILL ZOOLA FIX’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS ZOOLA FIX POLICY TERMS, EXCEED THE AMOUNT OF THE GUIDANCE FEES.
YOU ACKNOWLEDGE AND AGREE THAT, BY CREATING A FIXER PROFILE OR BOOKING A GUIDANCE OR OTHERWISE USING THE SITE, SERVICES AS A FIXER OR GUEST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.
6. Contacting Zoola Fix. If you have any questions about the Guest Refund Policy, please contact Zoola Fix at http://zoolafix.com/contact.