Terms for Travel Experts

Key Terms

"Travel Expert"

Tour guides who wish to take advantage of the Kavkazland Platform and sell their tours on the Site and/or Application by creating a Listing.

"Listing"

An activity or Tour that is listed by a Travel Expert as available for booking via the Platform.

"Platformer"

A person who completes Kavkazland's account registration process, including but not limited to Travel Experts and Travelers.

"Platformer Content"

All Content that the Platformer posts, uploads, publishes, submits, or transmits to be made available through the Platform.

"Service Fee"

A 15% fee from the amount paid by Traveler to Travel Expert for Tour participation, payable to Kavkazland by Travel Expert for Platforms.

"Traveler"

A Platformer who requests a booking of a Tour via the Platform, or a Platformer who participates in a Tour and is not the Travel Expert for such Tour.

"Tax" or "Taxes"

Any sales taxes, value-added taxes (VAT), goods and services taxes (GST), and other similar municipal, state, federal, and indirect or other withholding and personal or corporate income taxes.

Modification

Kavkazland reserves the right, at its sole discretion, to modify the Platform at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Platform or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. Any changes will become effective immediately upon your acceptance of the modified Terms, whether by, without limitation, creating a Listing or requesting the booking of a Tour.

Eligibility

The Platform can be used to facilitate the listing, reviewing, searching, comparing, meeting other people, and booking of tours and activities with Travel Experts in accordance with the Listing or a separate agreement between Travel Expert and Traveler. To create a Listing, you must either register to create a Kavkazland Account.

Kavkazland makes available a platform or marketplace with related technology for Travelers and Travel Experts to meet online, write reviews, search, compare, and arrange for bookings of Tours. Kavkazland is not an operator of tours, activities, or other Tours, nor is it a provider of Tours or activities. Kavkazland does not own, sell, resell, furnish, provide, manage and/or control any transportation, tour, or travel services.

Kavkazland's responsibilities are limited to facilitating the availability of the Platform and serving as the limited agent of each Travel Expert to accept payments from Travelers on behalf of the Travel Expert.

Account Registration

Travel Experts who wish to take advantage of Kavkazland services and sell their tours on the Site or Application need to create a Kavkazland Account. You may register to join the Platform directly via the Site or Application using the link at the top of any page. You must provide your banking information in order to register as a Travel Expert.

Tour Listings

Travel Experts may create Listings. You must indicate the following information about the Tour in the Listing:

1. Tour dates, itinerary, its day-by-day schedule, maximum number of participants for each Tour;
2. Description of additional services (if any);
3. List of equipment and clothing necessary for the Tour or provided during the Tour;
4. Tour-specific rules of conduct;
5. List of destination-specific risks or dangers, including but not limited to language barriers, weather conditions, sanitary, and epidemiological conditions;
6. List of destination-specific rules and regulations that may directly affect Travelers, including but not limited to visa requirements, medical documentation (including proof of vaccination), prohibited items (including medication);
7. Traveler's ability to obtain medical insurance and terms and conditions of such insurance;
8. Refund and cancellation terms in case of Tour cancellation by Traveler after the cooling-off window has closed (30 minutes from booking).

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Traveler taking of, a Tour in a Listing you will not breach any agreements you have entered into with any third parties and will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Tour.

You agree not to upload, download, display, perform, transmit, or otherwise distribute in a Listing any content that is libelous, defamatory, obscene, pornographic, abusive, or threatening; advocates or encourages conduct that could constitute a criminal offense; or is creditable to the point where it is unreadable or extremely hard to understand.

No Endorsement

Kavkazland does not endorse any Platformers or any Tours. Although these Terms require Platformers to provide accurate information, we do not attempt to confirm and do not confirm any Platformer's purported identity. You are responsible for determining the identity and suitability of others who you contact via the Platform. We will not be responsible for any damage or harm resulting from your interactions with other Platformers. By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Platformers or other third parties will be limited to a claim against the particular Platformers or other third parties who caused you harm.

Bookings and Financial Terms for Travel Experts

If you are a Travel Expert, a booking of your Tour made through the Platform is confirmed at the moment the Traveler pays. There is no confirm-or-decline step: the seat is taken from your departure and you are notified at the same time as the Traveler. You are therefore responsible for keeping your departure dates and available places accurate, because anything the Platform shows as available may be booked without further reference to you.

The Traveler's card is charged in full at the moment of booking. A booking cancelled inside their free window is refunded in full. You understand and agree that the price of a confirmed booking may not be altered without first obtaining the Traveler's consent.

If you cancel a confirmed booking: you may cancel a confirmed booking from your Kavkazland Account, and you will be asked to give the Traveler a reason. Where the cancellation is for any reason within your control, the Traveler receives a full refund of every amount paid — regardless of the cancellation policy on your Listing and regardless of how close to departure the cancellation occurs — and you receive no payment for that booking. Kavkazland records each such cancellation against your account. Repeated cancellations may result in your Listings being paused or your account being removed from the Platform.

When a booking is requested via the Platform, we may share with you the first and last name of the Traveler who has requested the booking. The deposit amount displayed on the booking page is set by you. The Tour Cost and applicable Taxes are collectively referred to as the "Total Cost". The amount due and payable by a Traveler is solely determined by the Travel Expert — this is the "Tour Cost".

Appointment of Kavkazland as Payment Agent for Travel Expert

Each Travel Expert hereby appoints Kavkazland as the Travel Expert's limited agent solely to collect payments made by Travelers on behalf of the Travel Expert. Each Travel Expert agrees that payment made by a Traveler to Kavkazland will be considered the same as a payment made directly to the Travel Expert, and the Travel Expert will make the Tour available to Traveler in any booking confirmed by the Travel Expert.

In accepting an appointment as the limited authorized agent of the Travel Expert, Kavkazland assumes no liability for any acts or omissions of the Travel Expert. Kavkazland acknowledges and agrees that Kavkazland reserves the right, in its sole discretion, to introduce and collect other fees from you in accordance with the Modification Section of these Terms. Kavkazland will provide notice of new fees via the Platform, prior to implementing such new features.

Service Fees — Only Apply to Travel Experts

In consideration for providing the Platform, Kavkazland collects a Service Fee only from Travel Experts. Where applicable, Taxes may also be charged in addition to the Service Fee. Service Fees are deducted from the Tour Cost before remitting the balance to the Travel Expert. Kavkazland will not be responsible for delays in payment, which can vary based on the bank, currency, location, etc.

Balances will be remitted to Travel Experts via cheque, direct deposit, or other payment methods described on the Site or via the Application, in the Travel Expert's currency of choice, depending upon the selections the Travel Expert makes via the Platform.

Except as otherwise provided herein, Service Fees are non-refundable.

Booking and Financial Terms

The Travel Experts, not Kavkazland, are solely responsible for honouring any confirmed bookings and making available any Tours reserved through the Platform. The Listing for a Tour will specify the Tour Cost.

Once a Tour has been purchased, a Traveler's booking cannot be changed by you or cancelled with a refund, unless otherwise stated in these Terms. The platform grants every Traveler a penalty-free cooling-off window at the moment of booking (30 minutes from booking) during which they may cancel for a full refund — this rule cannot be overridden by Travel Experts.

Operator cancellations (platform rule — non-negotiable): If you cancel a confirmed booking for any reason within your control, the Traveler is entitled to a full refund of all amounts paid. You may not impose any cancellation fee or withhold any portion of the Tour Cost when you initiate the cancellation. Every cancellation you initiate is recorded and reviewed. Cancellations for reasons outside your control — dangerous weather, injury, or a minimum group size stated in your listing not being reached — are accepted and count against nothing. Any other cancellation counts. Three in twelve months, or two within fourteen days of departure, will trigger a review of your account and may result in suspension or removal from the Platform. You will be asked for a reason at the time of cancelling; give an accurate one, because it is what the review reads.

If a Traveler cancels a booking, any refund due under the cancellation terms in force when they booked is returned to the same payment method they paid with, within a commercially reasonable time. Where a card is billed monthly, the amount is credited at the end of the current invoicing period. Places are sold against the availability you publish, so a departure that is already full cannot be booked — a booking you are unable to host is cancelled under the clause above, not declined before it exists.

Payment structure: Kavkazland uses a two-part payment model. Travelers pay a deposit at the time of booking (the percentage is set by the Travel Expert on their listing). The remaining balance is due by a balance due date calculated from the departure date, also set by the Travel Expert. If the balance is not received by the due date, the Travel Expert may cancel the booking in accordance with the applicable cancellation policy. There are no monthly instalment plans on this platform.

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Kavkazland cannot and does not offer Tax-related advice to any Platformers of the Platform. Additionally, each Travel Expert is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.

Platformer Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, and Platform. In connection with your use of the Platform, you may not and you agree that you will not:

• Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including zoning restrictions and Tax regulations;
• Use manual or automated software, devices, scripts robots, or other means to access, "scrape," "crawl," or "spider" any web pages;
• Use the Platform for any commercial or other purposes that are not expressly permitted by these Terms;
• Copy, store, or otherwise access any information on the Platform for purposes not expressly permitted by these Terms;
• Infringe the rights of any person or entity, including their intellectual property, privacy, publicity, or contractual rights;
• Offer, as a Travel Expert, any Tours that you do not yourself have permission to provide;
• Register for more than one Kavkazland Account or register for a Kavkazland Account on behalf of an individual other than yourself;
• Submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honour;
• Use automated scripts to collect information or otherwise interact with the Platform to find a Travel Expert or Traveler and then complete a booking of a Tour transaction independent of the Platform;
• Impersonate any person or entity, or falsely or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or post reviews that exhibit a conflict of interest.

Platformer Content

We, in our sole discretion, permit Platformers to post, upload, publish, submit or transmit Platformer Content. By making available any Platformer Content on or through the Platform, you hereby grant to Kavkazland a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Platformer Content on, through, or by means of the Platform.

You acknowledge and agree that you are solely responsible for all Platformer Content that you make available through the Platform. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all Platformer Content, or you have all rights, licenses, consents, and releases that are necessary to grant to Kavkazland the rights in such Platformer Content.

Disclaimers

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY TOURS VIA THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE PLATFORM WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER KAVKAZLAND NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR THE COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.

Indemnification and Release

You agree to release, defend, indemnify, and hold Kavkazland and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Application, Platform, or Collective Content or your violation of these Terms; your Platformer Content; and your interaction with any Platformer, booking of a Tour, creation of a Listing or the use, condition or quality of a Tour.

Governing Law; Venue and Jurisdiction

By accessing or using the Application or Site, you agree that the laws of the applicable jurisdiction govern these Terms. [Jurisdiction to be confirmed — currently placeholder pending legal review for Russian operations.]

Dispute Resolution

You can submit a claim regarding the operation of the Platform to us via email at viktoriia.strazhnikova@gmail.com. We will consider your claim and provide you with an answer within 30 days.

Any claim will be resolved by binding arbitration administered under applicable arbitration rules. Claims will be arbitrated on an individual basis; class arbitrations and class actions are not permitted.

YOU AND KAVKAZLAND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.