Keyguides Terms and Conditions

1. CONTRACTUAL RELATIONSHIP AND DEFINITIONS

1.1 Definitions

When used in these Terms and Conditions, the below terms shall have the following meanings:

• Account means a personal location on Keyguides network servers, where the Users store their username, password, and other information relating to the User’s activities in connection with the Services.

• Application means Keyguides application service for mobile devices.

• Booking means the booking of a Tour, which constitutes a binding agreement between a Traveler and an Experience Provider.

• Content means textual, audio, visual, and audiovisual content and information displayed or made available through the Services, including but not limited to photos, films, and promotional material.

• Experience Provider means a natural person or legal entity registered with an Account as an “Experience Provider”.

• Keyguides means Keyguides AS, a company acting under Norwegian organization number 816 996 392.

• Keyguides Chat means the communication service available on the Site and Application for communication between Travelers and Experience Providers.

• Privacy Policy means Keyguides privacy policy, available at www.keyguides.com and under “menu” after logging in on Keyguides as a user.

• Terms means these Terms and Conditions.

• Tour means any activity, excursion, or Tour offered by an Experience Provider through the Services.

• Traveler means a natural person who has registered an Account as a “Traveler”.

• Services means the Application, the Site, the Content, and any other services made available by or through Keyguides.

• Site means Keyguides’ website, as of the date these Terms were last updated: www.keyguides.com.

• User means any natural person or legal entity using any part of the Services.

1.2 Contractual Relationship

These Terms and Conditions, together with the Privacy Policy, govern the access and use of the Services made available by or through Keyguides. The Services are accessible at the Site as well as the Application.

Any access or use of the Services, Site, or Application is subject to these Terms. If you do not agree to these Terms, you may not access or use the Services, Site, or Application. By using the Services, Site, or Application you understand and accept that you are legally bound by the conditions set forth herein, regardless of whether you decide to create an Account.

You acknowledge and agree that the Booking of a Tour through the Services means that an agreement is entered into between an Experience Provider and a Traveler, and that Keyguides is not a party to any such agreement. The entire responsibility for performing any obligation under such an agreement rests on the Experience Provider and the Traveler. Breach of such an agreement may subject you to liability for loss occurred by the other party if the applicable law so provides. You accept and agree that Keyguides is without responsibility in this regard to the maximum extent permitted by law. Keyguides does not act as an agent or insurer and is not responsible for the conduct of Travelers, Experience Providers, or other Users. Keyguides may however, on supplementary and specified terms, offer insurance to Users through a third-party insurance provider. We strongly encourage Travelers to purchase the insurance offered, as no claims can be made towards Keyguides regarding losses or damages incurred in connection with the Services, e.g., in the event of personal injuries, damages to or loss of personal belongings, theft, or claims from third parties.

You may not assign or transfer these Terms without Keyguides’ prior written approval. Keyguides may assign or transfer these Terms without restrictions.

If you are using the Services on behalf of a company or other entity, you accept these Terms on behalf of the company or entity and hereby represent and warrant that you are authorized to bind the company or entity to these Terms.

If any part or provision of these Terms is held to be invalid or unenforceable, the remaining parts and provisions shall be enforced to the fullest extent possible under the applicable law.

1.3 Supplementary Terms

Supplementary terms may apply for specific parts of the Services and shall be deemed a part of the Terms when applicable. If there is a conflict between these Terms and terms and conditions posted for a specific part of the Services, the specific terms and conditions will take precedence with respect to your use of or access to that part of the Services.

1.4 Amendments

From time to time, Keyguides may, subject to its sole discretion and for whatever reason, amend or change the provisions of these Terms. The amendments will be effective upon posting by Keyguides and deemed accepted by continued use of the Services.

2. THE SERVICES

2.1 Description

The Services constitute a technology platform enabling Users to list or search for Tours and to learn about, arrange, and schedule such Tours. The Tours are listed, advertised, and performed by Experience Providers.

2.2 License and Ownership

Subject to your compliance with these Terms, Keyguides grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services, Site, and Application.

You may not: (i) remove any copyright, trademark, or other proprietary notices from any part of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by Keyguides; (iii) decompile, reverse engineer, or disassemble the Services; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services; or (v) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or network.

All rights, title, and interest, including without limitation any copyright, patent, trade secret, or other intellectual property right in the Services will remain Keyguides’ sole property. Any services provided to you under these Terms, and other data or materials that are prepared in the performance of such services hereunder, and all rights, title, and interest in the foregoing, will belong to Keyguides.

2.3 Registration and Eligibility

To create an Account, you must be at least 18 years of age. Upon creating an Account, Keyguides will ask for a copy of an eligible document of identification for verification purposes. You will also be asked to provide such personal information as Keyguides deems necessary for your use of the Services. Keyguides is obligated to process any personal data in accordance with the Privacy Policy. You agree that you are responsible for updating the information in your Account so that the information is accurate and complete at all times. You accept that failure to provide correct and sufficient information may cause Keyguides to deny your access to the Services.

Unless otherwise permitted by Keyguides in writing, you may only possess one Account. You may not assign or otherwise transfer your Account to any other person or entity.

You agree that you are responsible for any actions taken through your Account, regardless of whether such actions are taken by you or anyone else, and regardless of whether they are taken with or without your consent. You agree not to make your username and password available to anyone other than yourself and to take any precautions necessary to avoid unauthorized access to your Account.

2.4 Booking Terms

Tours listed on the Site or Application can be booked by anyone with a Traveler Account. All bookings must be made using the “BOOKING” option on the Site or Application.

When requesting a Booking, a binding agreement is concluded between the Experience Provider and the Traveler at the time when the Experience Provider explicitly accepts the Booking from the Traveler. The Traveler may withdraw the request as long as the request has not been accepted by the Experience Provider. If the Experience Provider does not respond to a request within 48 hours, the request is automatically canceled.

Unless explicitly permitted by the Experience Provider, a Traveler may not request or book a Tour where the Traveler will not actually be participating in the Tour in person.

In addition to the provisions set out in these Terms, each booking is subject to the specifications, terms, and conditions described in the listing of that Tour. Upon making a booking request, the Traveler must specify the number of participants for which the booking is being made. As a Traveler, you accept that the number of participants may affect the price of a Tour and that you may not bring along a larger number of participants than specified when the request was sent or the booking was made.

Whether you are an Experience Provider or a Traveler, you further accept and agree that the content of any conversation between Experience Provider and Traveler which is made through the Keyguides Chat or otherwise in connection with a booking, to the extent that the content of such conversation is not contrary to any provision in these Terms, will be considered an integrated part of the agreement entered into between the Experience Provider and the Traveler.

2.5 Rescheduling and Cancellation

General Policy

At Keyguides, we strive to provide exceptional private tour experiences. We understand that plans can change, and we aim to be as flexible as possible. 

Below is our cancellation policy to ensure clarity and fairness for both our guests and guides.

Cancellation by the Client

• Cancellation more than 14 days before the tour: Full refund minus a 5% administrative fee.
  
  
• Cancellation between 14 and 7 days before the tour: 50% refund of the total booking amount.

• Cancellation less than 7 days before the tour: No refund will be provided.

Cancellation by Keyguides

In the unlikely event that Keyguides needs to cancel a tour, clients will be offered the following options:

A full refund of the booking amount.

Rescheduling the tour to another available date at no additional cost.

No-Show Policy

If the client does not show up at the agreed meeting point within 30 minutes of the scheduled start time, the tour will be considered canceled, and no refund will be issued.

Weather Policy

Tours are conducted rain or shine. In case of extreme weather conditions that may affect the safety of the tour, Keyguides will offer the following:

Rescheduling the tour to another available date.

Full refund if rescheduling is not possible.

Payment Processing Fee

Please note that all refunds will be subject to a 1.5% payment processing fee plus the applicable transaction costs charged by the payment processor (e.g., Stripe). These fees cover the costs associated with processing payments and refunds.

How to Cancel

To cancel a booking, clients must contact Keyguides via email at:

guestrelations@keyguides.com. 

The cancellation request will be processed according to the time and date it is received.

Changes to Booking

Changing the date or time of the tour: 

Clients can request changes up to 14 days before the tour date without any additional cost, subject to availability. 

Changes requested less than 14 days before the tour may incur additional fees.

2.6 Prohibited Activities

You accept, warrant, and represent that you will comply with these Terms and any applicable laws, and that you will not use the Services in any manner that could be interpreted as contrary to the Terms or applicable laws.

You acknowledge and accept that the following is a non-exhaustive list of examples of behaviors that are prohibited when using the Services, Site, or Application:

• Accessing the Site or using the Services in violation of any laws or regulations or for any purpose violating any laws or regulations;

• Making any advertisement not related to a Tour;

• Communicating with another User unless the communication is related to booking, scheduling, changing, or canceling a Tour;

• Explicitly or implicitly, in writing or orally suggesting or demanding that the performance or content of a Tour shall depend on any payments or services or any other conditions that are not clearly stated in the listing;

• Discriminating against or harassing anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation;

• Circumventing the obligation to pay Keyguides provision by making a deal outside of the Site, Application, and Services, with another User who you found through the Services;

• Causing nuisance, annoyance, inconvenience, or property damage;

• Copying, storing, or otherwise accessing or using any information obtained through the Services, Site, or Application for purposes not expressly permitted by these Terms;

• Infringing the rights of Keyguides or the rights of any other third person or entity, including, without limitation, their intellectual property, privacy, publicity, or contractual rights.

In order to ensure the integrity of the Services, Keyguides reserves the right to, at any time in its sole discretion, block Users from accessing the Services.

3. PAYMENT

As a Traveler, you understand and agree that the use of the Services may result in charges to you for the services you receive from an Experience Provider, and that Keyguides functions as a limited payment collection agent for payments related to the Services. Before a booking takes place, the Experience Provider shall inform you of the total price of a Tour, including VAT (Value Added Tax).

Payment will be pre-authorized or charged from the Traveler’s chosen method of payment at the time the Booking is accepted by the Experience Provider. If the Booking request is validly withdrawn as provided for in the Services before being accepted by the Experience Provider, Keyguides undertakes to lift any reserved amounts and refund any collected amounts.

Before payment is facilitated to the Experience Provider, payment will be retained by Keyguides for a period of 48 hours from the time when the Tour is scheduled to begin.

If a Traveler, within the first 48 hours following the time when the Tour was scheduled to begin, notifies Keyguides that the Tour has not been performed or that the Experience Provider has otherwise substantially breached the agreement, Keyguides may, in its discretion, retain payment until the complaint has been processed, but not for any period longer than 14 days from receiving the complaint.

Payment for a Tour shall be considered the same as payment made directly by the Traveler to the Experience Provider. If required by the applicable law, payments will include applicable taxes. Payments are final and non-refundable unless Keyguides determines otherwise.

If the chosen method of payment is declined, you will not be able to make a Booking.

4. DATA PRIVACY

Your privacy and the protection of your personal data are very important to Keyguides. In connection with your use of the Services, Site, and Application, Keyguides needs to process certain personal data about you. For a detailed description of how we collect and use your personal data, and your rights in relation to Keyguides processing of your personal data, please see our Privacy Policy. Keyguides will not collect or use your personal data in any other way than described in the Privacy Policy. By accepting these Terms, you represent that you have read and understood Keyguides Privacy Policy.

5. DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNITY

5.1 Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES, AND GUARANTEES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED, AND DISCLAIMED. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL INTERACTIONS WITH OTHER USERS OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• i) KEYGUIDES MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONDUCT, DELIVERIES, OR NON-DELIVERIES MADE BY TRAVELERS, EXPERIENCE PROVIDERS, OR OTHER USERS.

• ii) THE RISK AND RESPONSIBILITY FOR ACCESS TO AND USE OF THE SERVICES REMAIN SOLELY WITH YOU.

• iii) YOU ACCEPT THAT HAZARDOUS OR DANGEROUS ACTIVITIES MIGHT BE OFFERED IN CONNECTION WITH THE SERVICES AND THAT YOU PARTICIPATE IN SUCH ACTIVITIES SOLELY AT YOUR OWN RISK. KEYGUIDES HAS NO RESPONSIBILITY OR LIABILITY TOWARDS YOU FOR ANY CLAIMS ARISING OUT OF ACTIVITIES OFFERED BY AN EXPERIENCE PROVIDER.

THE SERVICES MAY BE MADE AVAILABLE OR ACCESSED IN CONNECTION WITH THIRD-PARTY SERVICES AND CONTENT (INCLUDING ADVERTISING) THAT KEYGUIDES DOES NOT CONTROL. YOU ACKNOWLEDGE THAT DIFFERENT TERMS OF USE AND PRIVACY POLICIES MAY APPLY TO YOUR USE OF SUCH THIRD-PARTY SERVICES AND CONTENT. KEYGUIDES DOES NOT ENDORSE SUCH THIRD-PARTY SERVICES AND CONTENT AND IN NO EVENT SHALL KEYGUIDES BE RESPONSIBLE OR LIABLE FOR ANY PRODUCTS OR SERVICES OF SUCH THIRD-PARTY PROVIDERS, OR FOR THEIR STATEMENTS REGARDING THE SERVICES PROVIDED BY OR THROUGH KEYGUIDES.

YOU ACKNOWLEDGE AND AGREE THAT KEYGUIDES HAS NO OBLIGATION TO CONDUCT ANY SORT OF BACKGROUND CHECKS OR REGISTERED SEX OFFENDER CHECKS ON ANY USERS, INCLUDING TRAVELERS AND EXPERIENCE PROVIDERS.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KEYGUIDES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF USE, LOSS OF PROFIT, ANTICIPATED SAVINGS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM, AMONG OTHERS:

• (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;

• (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;

• (iii) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE SERVICES OR RELIANCE UPON THE SERVICES OR ANY PART THEREOF; AND

• (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF ANY MATERIAL OR CONTENT; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KEYGUIDES KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KEYGUIDES’ TOTAL AGGREGATED LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES EXCEED ONE THOUSAND EUROS (EUR 1000). IN SOME JURISDICTIONS, THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN MATTERS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT FULLY APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

5.3 Indemnity

You agree to indemnify and hold Keyguides and its subsidiaries, affiliates, officers, employees, agents, and partners harmless from any claims, demands, losses, liabilities, and expenses, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.

6. GOVERNING LAW AND DISPUTE RESOLUTION

The laws of Norway will govern these Terms and any claim, cause of action, or dispute arising out of or relating to these Terms will be brought solely in the courts of Norway. You hereby consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

7. NO ENDORSEMENTS OR REPRESENTATIONS

Keyguides does not endorse any Experience Provider, Traveler, or Tour.

Experience Providers and Travelers are required by these Terms to provide accurate information. Although Keyguides may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Experience Providers or Travelers, Keyguides does not make any representations about any Experience Provider or Traveler or the purported identity or background of Experience Providers and Travelers. You acknowledge and agree that Keyguides undertakes no obligation towards you, under any circumstances, to make additional inquiries into the identity or background of another Experience Provider or Traveler.

8. USER PROVIDED CONTENT

The Services include features for uploading and publishing of Content. You represent and warrant that no Content uploaded by you will infringe the rights of third parties. You further represent and warrant that you will not upload materials or content of a nature that is illegal under the applicable law.

Regardless of the applicable law, you represent and warrant that you will not upload any materials that include nudity, profane language, sexual or other harassment, violent content, racist content, or otherwise discriminatory, offensive, misleading or deceptive content, or any content encouraging violent, discriminating, or illegal behavior.

You understand and accept that uploading of content using the Services means granting Keyguides a global, perpetual, irrevocable, transferable, royalty-free license, through which Keyguides is given the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

9. ADDITIONAL TERMS FOR EXPERIENCE PROVIDERS

The terms and conditions set forth in section 9 are additional terms that apply for Experience Providers, together with all other provisions set forth in these Terms.

You acknowledge and accept that you do not act on behalf of Keyguides. Tours are listed and performed at your own risk and expense. You are responsible for your own acts and omissions, as well as the acts and omissions of any person or entity assisting you.

In order for a listing to be made available through the Services, Keyguides will require that you set out certain minimum specifications, terms, and conditions, including the price and the estimated duration of a Tour. In addition to such minimum specifications, you are encouraged to further describe the specifications and content of a Tour with as much detail as possible. You understand and agree that when you accept a Booking, you are bound by any terms, conditions, specifications, and descriptions set out in the listing of that Tour, including the number of participants for which the Tour was booked. You may not request the Traveler to pay a higher price than indicated in the listing.

You understand and agree that it is your responsibility to comply with any and all of the terms and conditions set out in these Terms. You also accept and agree that it is your responsibility to comply with all applicable local, state, federal, and national laws, statutes, ordinances, and regulations, including but not limited to local guide licensing schemes, consumer protection laws, tax requirements, marketing laws, and transportation regulations, as well as any applicable geographical restrictions. You also understand that you are responsible not to infringe any third-party rights, including but not limited to intellectual property rights.

It is your sole responsibility as an Experience Provider to provide Travelers with all information required by local laws. If a Tour includes a combination of components making it a “package travel” under Directive (EU) 2015/2302 on package travel and linked travel arrangements, or other similar legislative acts applicable to the Tour, you shall completely indemnify and hold Keyguides harmless from any monetary claims as a result thereof.

After the performance of a Tour, Travelers will be asked to rate the Tour. As an Experience Provider, you represent that you will refrain from any attempt to influence a Traveler’s rating of a Tour.

You further understand and agree that the placement of your listing in searches offered through the Services will depend on a variety of factors, including but not limited to, Traveler preferences, ratings, and/or ease of Booking.

Keyguides reserves the right, at any time and without prior notice, to remove or disable access to any listing for any reason, including listings that Keyguides deems to be in violation of these Terms, or otherwise harmful to the Services.

Keyguides encourages Experience Providers to obtain appropriate insurance for any equipment, vehicles, or other assets that the Experience Provider employs in connection with the performance of a Tour.

If you cancel a confirmed Booking, you agree that Keyguides may apply penalties or consequences to you or your listing, including (i) publishing an automated review on your listing indicating that a Booking was canceled, (ii) keeping the calendar for your listing unavailable or blocked for the dates of the canceled Booking, or (iii) imposing a cancellation fee.

10. MANDATORY PROVISIONS APPLICABLE TO ALL TOURS

The following limitations apply to all Tours offered through the Services and the listing or advertising of such Tours unless Keyguides in each individual case has agreed otherwise in writing:

No Tour listing may include an advertisement that is not connected with the Tour or the performance of the Tour itself.