Refund Policy Terms
These terms and conditions govern the Shaka Enjoyer Refund Policy (the “Enjoyer Refund Policy”) available to Enjoyers who book and pay for Activities listed by a Provider through the Shaka platform (the "Site" and mobile applications) and suffer a Travel Issue and the obligations of the Provider associated with the Enjoyer Refund Policy.
1. Travel Issue. A “Travel Issue” means any one of the following:
(a) the Provider of the Activities (i) cancels a reservation shortly before the scheduled start of the reservation, or (ii) fails to provide the Enjoyer with the reasonable ability to use the Activities (e.g., not showing up/coming late).
(b) the description of the Activities in the listing on the Site is materially inaccurate with respect to:
(i) the nature of the Activities,
(iii) special amenities or features represented in the listing description are not provided or do not function (such as rented equipment), or
(iv) the physical location of the Activities (proximity).
2. The Enjoyer Refund Policy. If you are an Enjoyer and suffer a Travel Issue, we agree, at our absolute discretion, having determined the applicable facts to consider whether to (i) reimburse you up to the amount paid by you through the Site, as determined by Shaka in our discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Activities for any unused time left in your reservation which in our determination is reasonably comparable to the Activities described in your original reservation. All determinations of Shaka with respect to the Enjoyer Refund Policy, including without limitation the size of any refund, shall be final and binding on the Enjoyers and Providers.
3. Conditions to Claim a Travel Issue. Only an Enjoyer may submit a claim for a Travel Issue. If you are an Enjoyer, 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 (www.ridewithlocal.com/contact) or via email email@example.com and provide us with information (including photographs or other evidence) about the Activities and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond promptly 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 Provider prior to making a claim for a Travel Issue.
4. Minimum Quality Standards, Provider Responsibilities and Reimbursement to Enjoyer. If you are a Provider, you are responsible for ensuring that the Activities you list on the Site meet minimum required quality standards regarding qualifications, licensing, access, adequacy of the description on the Site, safety, and do not present an Enjoyer with Travel Issues. At any time during the Activities Providers should be available, or make a third-party available, in order to try, in good faith, to resolve Enjoyer issues.
If you are a Provider, and if (i) Shaka determines that an Enjoyer has suffered a Travel Issue related to Activities listed by you and (ii) Shaka either reimburses that Enjoyer any amount up to the amount paid by the Enjoyer through the Site for the Activities or provides an alternative Activities to the Enjoyer, you agree to reimburse Shaka up to the amount paid by Shaka within 30 days of Shaka’s request. All determinations of Shaka with respect to the Enjoyer Refund Policy, including without limitation the size of any refund to the Enjoyer, shall be final and binding on the Enjoyers and Providers. You also agree that in order for you to reimburse Shaka up to the amount paid by Shaka, Shaka may off-set or reduce any amounts owed by Shaka to you by this amount.
The rights of the Enjoyers under the Enjoyer Refund Policy supersede the cancellation policy established by a Provider. If you dispute the Travel Issue you may notify us in writing (www.ridewithlocal.com/contact) or via email firstname.lastname@example.org 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 Enjoyer prior to disputing the Travel Issue claim. You agree that all determinations of Shaka with respect to the Travel Issue shall be final and binding on the Enjoyers and Providers regardless of your submission of a dispute against such Travel Issue. In the event of one or more Travel Issues, Shaka, 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 the listing of the Activities or imposing penalties or fees for the administrative burden associated with the Travel Issues.
5. General Provisions.
(a) No Assignment/No Insurance. This Enjoyer 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 Enjoyer, and the Enjoyer has not paid any premium in respect of the Enjoyer Refund Policy. The benefits provided under this Enjoyer Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. Shaka reserves the right to modify or terminate this Enjoyer Refund Policy, at any time, in its sole discretion, and without prior notice. If Shaka modifies this Enjoyer Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Shaka will continue to process all claims for Travel Issues made prior to the effective date of the modification.
(c) Entire Agreement and Definitions. This Enjoyer Refund Policy constitutes the entire and exclusive understanding and agreement between Shaka and you regarding the Enjoyer Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Shaka and you regarding the Enjoyer Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Shaka Terms of Service.
(d) Controlling Law. This Enjoyer Refund Policy will be interpreted in accordance with the laws of England and Whales, without regard to its conflict-of-law provisions.
(e) Limitation of Liability. IN NO EVENT WILL SHAKA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE SHAKA POLICY TERMS, EXCEED THE AMOUNT OF THE ACTIVITIES FEES COLLECTED BY SHAKA FROM THE ENJOYER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING AN ACTIVITIES OR OTHERWISE USING THE SITE, SERVICES AS A PROVIDER OR ENJOYER, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.
6. Contacting Shaka. If you have any questions about the Enjoyer Refund Policy, please contact Shaka at http://www.ridewithlocal.com/contact.